This Article establishes general and specific standards for the scale and intensity of development and redevelopment that is allowed within the zoning districts established by these regulations.

(Ord. No. 18-037, § 2, 6-21-18)

No building, structure, or part thereof shall be erected, altered, or converted for any use permitted in the district in which it is located unless it is in conformity with all the standards of this Article. However, potential exceptions may arise through provisions elsewhere in these regulations or the City Code of Ordinances including:

A.

Standards that apply to particular uses as specified in Article 2, Uses and Supplemental Standards;

B.

Standards adopted for a particular neighborhood area through the application of the Neighborhood Conservation District (NCD) overlay district provisions in Article 10, Overlay District Standards;

C.

Provisions for management of legal nonconforming uses and structures in Article 11, Nonconformities; and

D.

Special exceptions to the yard requirements of this Article, which the Zoning Board of Adjustment is authorized to grant under certain circumstances.

(Ord. No. 18-037, § 2, 6-21-18)

No permit shall be issued for the construction of a building or buildings on any tract of land until a building site or lot has been created in one of the following ways:

A.

Plat Approval and Recordation. The use shall be part of a plat of record approved by the Planning Commission and filed in the plat records of Galveston County, Texas.

B.

Site Plan Approval. The use shall be all or part of a Specific Use Permit or Planned Unit Development site plan approved by the Planning Commission. The use shall be all or part of a site plan approved by the Development Services Department.

1.

The site plan shall provide all utility and drainage easements, alleys, streets, and other public improvements necessary to meet the normal requirements for platting including the designation of building areas and dedication of required easements, alleys, and streets.

2.

All such required dedications shall be comprehensively completed and any necessary public improvements provided.

C.

Separate Ownership Prior to These Regulations or Annexation. The use facing a dedicated street and separately owned prior to the effective date of these regulations, March 4, 2015 or prior to annexation to the City, shall retain separate ownership.

D.

Combination of Platted Lots. The use consists of a combination of platted lots created by the adjustment of side lot lines only whereby no increase occurs in the number of originally platted lots within a block nor is there any reduction of platted lots below a minimum lot area or minimum lot dimension required by these regulations. Refacing corner lots shall be permitted provided the change causes no additional cost to the City for rendering of utility services.

(Ord. No. 18-037, § 2, 6-21-18)

Two or more principal buildings or structures may be placed on a single building site or lot subject to the requirements of this Section.

A.

Site Plan Approval. The Development Services Department shall approve a site plan for the placement of two or more principal buildings or structures on a single building site or lot to ensure compliance with the Subdivision Regulations and Article 3, Addendums. No plat recording shall be required unless a division of ownership occurs commensurate with development.

B.

Covenant in Lieu of Site Plan Approval. Two principal structures, other than a mobile home or homes, may be placed on a single building site or lot without Planning Commission approval of a site plan provided that:

1.

No other principal structure is placed or erected on the same site or lot to where there are more than two principal structures on the site or lot; and

2.

The covenant is executed and recorded.

C.

Covenant Required in Certain Situations. Where two or more principal structures on a single use have either more than one street frontage or a combination of street and alley frontage, the City and the property owner of record shall enter into and record a covenant stipulating that a division of property by fee simple may not occur without compliance with all state laws and City ordinances.

D.

Minimum Separation. Where two or more principal structures are placed or erected on a single use, the minimum distance between any two buildings shall be determined by applying the side and rear yard requirements of these regulations, as would apply if each building were placed on a separate site or lot.

(Ord. No. 18-037, § 2, 6-21-18)

Lot area is the square footage contained within the lot lines bounding the lot that shall not include any portions of streets or alleys. Minimum lot area requirements are provided later in this Division for each type of residential dwelling unit by zoning district. General exceptions include:

A.

Lot Area Reduction. The minimum lot area may be reduced to 2,500 square feet for any lot that:

1.

Abuts a public street in the 1F-3, 1F-4, or GR zoning districts that were in effect prior to the effective date of these regulations; and

2.

Is a part of any recorded subdivision prior to January 1, 1971.

(Ord. No. 18-037, § 2, 6-21-18)

Lot width is measured at the front building line. The front building line is parallel or approximately parallel to the front lot line and marks the minimum horizontal distance from the front lot line that a building may be erected. Lot depth is measured as the mean horizontal distance between the front and rear lot lines. Minimum lot width and depth requirements are provided later in this Division for each type of residential dwelling unit by zoning district. General exceptions include:

A.

Undersized Lots of Record. A lot having less width or depth than required by this Article and which was an official lot of record prior to the effective date of these regulations may be used for one single-family detached dwelling provided that neither the lot width nor depth is reduced below the minimum standards set forth in this Article.

(Ord. No. 18-037, § 2, 6-21-18)

The front yard is an open, unoccupied space on a lot between the front lot line and the front building face and extending between the side lot lines. Minimum front yard requirements are provided by zoning district. This requirement establishes the minimum horizontal distance of the building face from the front lot line. A covered porch, covered terrace, or an accessory building attached to and situated partially or entirely in front of the principal building shall be situated at or behind the building face and shall not occupy area that is required for a front yard. General exceptions to the minimum front yard requirement include:

A.

Building Line Previously Established. Where a building line was previously established by a plat or ordinance, and such line requires a greater or lesser front yard setback than is prescribed by these regulations for the district in which the building line is located, the required front yard shall comply with the building line established by previous ordinances or plats.

B.

Permitted Projections into Required Front Yard.

1.

Eaves and roof extensions: up to 4 feet;

2.

Maximum exposure of subsurface structures above surface: up to 40 inches above the average grade of the street curb and parallel to the front lot line or up to 44 inches above the average grade of the front lot line where the abutting street has no curb; and

3.

Where no front yard is required: all stairs, eaves, roofs, and similar building extensions shall be located behind the front street rights-of-way line or the front lot line.

C.

Exemption for Stairways and Porches in Certain Situations. In zoning districts that have minimum front yard requirements, stairways and porches associated with a residential use may project into the required front yard but may not encroach beyond any lot lines if:

1.

The building was constructed prior to the adoption of the Flood Insurance Rate Maps (FIRMs) for floodplain regulations (December 31, 1974);

2.

The building is being elevated to meet current City floodplain standards with an additional allowance of three feet in elevation; and

3.

The porch and stairway projection into the required front yard is limited to the minimum area required to meet elevation standards.

D.

Flagpoles. Flagpoles may be located within the minimum required front yard.

E.

Proximity to Body of Water. Lots that exceed the zoning district's minimum lot area requirements and if the lot abuts a navigable body of water, accessory structures may be placed in the front yard if a similar development pattern exist on the same block.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Live-Work Units. In the districts where they are permitted, live-work units shall meet the lot, and yard standards set out in the respective districts.

B.

Special Yard Regulations.

1.

No required side yard subject to maximum length of series of attached dwellings: A single-family attached dwelling separated from another such dwelling by a fire or party wall is not required to provide a side yard, noting that no series of attached single-family dwellings shall exceed 300 feet in length.

2.

Required side yard at end of series of attached dwellings: A minimum required side yard of five feet shall be provided at the ends of a series of single-family attached dwellings. This will also provide a minimum of 10 feet of separation between the ends of adjacent single-family attached dwellings enabling access for fire and emergency vehicles.

3.

No rear yard required in certain situations: No rear yard shall be required where the rear wall of a dwelling is attached to another dwelling provided that at least one side of all such single-family attached dwellings is exposed to a public street or City approved place or court. Additionally, where interior courts are used for access to light and air, such courts shall provide the minimum required open space.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Minimum Setback. Accessory structures must meet the following setbacks:

1.

3 feet from the side property lines or in accordance with Article 3 Addendums, whichever is more permissive;

2.

3 feet from the rear property line or 0 feet to an alley or right-of-way; and

3.

6 feet from any habitable structure.

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RESTRICTED SINGLE-FAMILY RESIDENTIAL (R-O)
Notes:
1. A site plan is required prior to the issuance of a building permit.
2. No side or rear yard required when adjacent to a canal or body of water.
3. No projection closer than 12 inches to a common property line. Projections include: roof eaves (up to 36 inches), window sills, belt courses, and other architectural features.
4. Sign, fence, and wall regulations apply.
5. Boat slips, boat docks, shade covers, or decking constructed over water, do not require a setback provided the improvement built over water is part of the platted lot.
6. Accessory Structures shall be limited to the provisions in Sec. 3.305.		Minimum Lot Standards
7. Only one principal structure and one ADU permitted, except as provided in Sec. 3.202.		Area:	5,000 square feet
		Width:	50 feet
		Depth:	100 feet
8. Zoning setbacks may be inconsistent with Building Code. Refer to Building Division to determine final building and fire code setbacks.		Setbacks
		Front:	20 feet
		Side:	3 feet
		Rear:	10 feet
		Building Height
		Maximum:	50 feet, measured from base flood elevation
		Parking	One space per dwelling unit
		Landscaping
		Refer to Article 9: Landscaping of the City's Land Development Regulations.

 

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SINGLE-FAMILY RESIDENTIAL (R-1)
Notes:
1. A site plan is required prior to the issuance of a building permit.
2. No side or rear yard required when adjacent to a canal or body of water.
3. No projection closer than 12 inches to a common property line. Projections include: roof eaves (up to 36 inches), window sills, belt courses, and other architectural features.
4. Sign, fence, and wall regulations apply.
5. Boat slips, boat docks, shade covers, or decking constructed over water do not require a setback provided the improvement built over water is part of the platted lot.
6. Accessory Structures shall be limited to the provisions in Sec. 3.305.		Minimum Lot Standards
7. Only one principal structure and one ADU permitted, except as provided in Sec. 3.202.		Area: Width: Depth:	5000 square feet 50 feet 100 feet
8. Unlimited height from the east property line of Stewart Beach and eastward.
9. Zoning setbacks may be inconsistent with Building Code. Refer to Building Division to determine final building and fire code setbacks.		Setbacks
		Front: Side: Rear:	20 feet 3 feet 10 feet
10. Properties located west of 25 th St, east of 61 st Street, South of Broadway Boulevard, north of Seawall Boulevard and properties located South of Galveston Bay, north of Stewart Road, east of 105th Street and west of the Scholes Airport — zero front, side and rear bldg. setback; minimum lot area shall be 2,500 sq. ft. No lot width or depth requirements. Note #3, above, is not applicable to properties described herein.		Building Height
		Maximum:	50 feet, measured from base flood elevation
		Parking	One (1) space per dwelling unit
		Non-Residential:	Minimum 1 per 300 square feet of floor area
		Landscaping
		Refer to Article 9, Landscaping of the City Land Development Regulations.
		* See note #9 for properties located west of 25thStreet, east of 61stStreet, South of Broadway Blvd. and north of Seawall Blvd. and properties located South of Galveston Bay, north of Stewart Road, east of 105thStreet and west of the Scholes Airport

 

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TOWNHOUSE (R-2)
Notes:
1. A site plan is required prior to the issuance of a building permit.
2. No rear yard required when principle structures are adjacent to a canal or body of water.
3. No projection closer than 12 inches to a common property line. Projections include: roof eaves (up to 36 inches), windowsills, belt courses, and other architectural features.
4. No rear yard required when principle structures are adjacent to an alley or right-of-way.
5. Average Front Yard Setback: Where 30 percent of buildings on one side of a street, on a single block, and are built with 10 feet or less front yard setback, the average setback of the structures shall be the required setback.
6. Each unit shall have a minimum of 1,600 sq. ft. of lot area.		Minimum Lot Standards
		Area: Width: Depth:	1,600 square feet 20 feet 80 feet
7. Accessory structures shall be limited to the provisions in Sec. 3.305.		Setbacks
8. Zoning setbacks may be inconsistent with Building Code. Refer to Building Division to determine final building and fire code setbacks.		Front:	5 feet
		Side:	0 feet
		Rear:	10 feet
		*Corner units shall have a 5-foot exterior side setback
		Building Height
		Maximum:	50 feet, measured from base flood elevation
		Parking
		Single Family:	Minimum 1 per unit
		Multi-Family:	Minimum 1.5 per unit
		Lodging:	Minimum 1 per unit
		Non-Residential:	One per 300 square feet of floor area
		Landscaping Refer to Article 9, Landscaping of the City Land Development Regulations.

 

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MULTI-FAMILY RESIDENTIAL (MF)
Notes:
1. A site plan is required prior to the issuance of a building permit.
2. No side or rear yard required when adjacent to a canal or body of water.
3. No projection closer than 12 inches to a common property line. Projections include: roof eaves (up to 36 inches), window sills, belt courses, and other architectural features.
4. 40 percent of required landscape for multi-family projects shall be placed in front yard setback.
5. Average Front Yard Setback: Where 30 percent of buildings on one side of a street, on a single block, are built with a 10 feet or less front yard setback, the average setback of the structures shall be the required setback.
6. Accessory structures shall be limited to the provisions in Sec. 3.305.		Minimum Lot Standards
		Area:	4,000 square feet
		Width:	40 feet
		Depth:	100 feet
7. A 5 foot masonry wall shall be constructed between a multi-family project and an R-1 zone or single-family use.		Setbacks
		Front:	20 feet
		Side:	3 feet
		Rear:	10 feet
8. Approved fence materials include: wood, concrete, or wrought iron.		Building Height
		Maximum:	100 feet, measured from base flood elevation
9. Individual side yard increased to 10 feet if abutting an R-1 zone or single-family use.		Parking
		Single Family:	Minimum one per unit
		Multi-Family:	Minimum 1.5 per unit
		Lodging:	Minimum 1 per unit
		Non-Residential:	One per 300 square feet of floor area
10. Zoning setbacks may be inconsistent with Building Code. Refer to Building Division to determine final building and fire code setbacks.
		Landscaping Refer to Article 9, Landscaping of the City Land Development Regulations.

 

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URBAN NEIGHBORHOOD (UN)
Notes:
1. A site plan is required prior to the issuance of a building permit.
2. No side or rear yard required when adjacent to a canal or body of water, or to an alley or rights-of-way.
3. New buildings shall utilize building elements and details to achieve a pedestrian-oriented public realm.
4. Compatibility is not meant to be achieved through uniformity, but through the use of variations in building elements to achieve individual building identity.
5. Building facades shall include appropriate architectural details and ornament to create variety and interest.
6. All primary entrances shall be oriented to the public sidewalk for ease of pedestrian access. Secondary and service entrances may be located from internal parking areas or alleys.		Minimum Lot Standards
		Area:	2,500 square feet
		>Width:	0 feet
		Depth:	0 feet
7. Encroachments: Canopies, signs, awnings, balconies and similar overhangs may encroach over any required setback, build-to-line or the sidewalk as long as the vertical clearance is a minimum of 8 feet. In no case shall an encroachment be located over any side or rear property line.		Setbacks
		Front-Build-to-Line:	0 feet
		Side:	0 feet
		Rear:	0 feet
		Building Height
		Maximum:	50 feet, measured from base flood elevation
8. Average Front Yard Setback: Where 30 percent of buildings on one side of a street, on a single block, are built with 10 feet or less front yard setback, the average setback of the structures shall be the required setback.		Parking:
		Residential:	Minimum 0 per unit; Maximum 1.5 per unit
		Non-Residential:	Minimum 1 per 1,500 square feet floor area
		Lodging:	Minimum 1 per unit
		Parking Location:	On/Off site
9. Zoning setbacks may be inconsistent with Building Code. Refer to Building Division to determine final building and fire code setbacks.		Landscaping
		Refer to Article 9, Landscaping of the City Land Development Regulations.
10. Any outdoor storage areas accessory to the main use shall be enclosed by a solid masonry or concrete wall, or a wood fence, and shall not be less than 6 feet nor more than 8 feet in height.		14thStreet Corridor
		The table on Page 3-11 will govern land uses within the Parking Structure/Lot Incidental to Main Use = Permitted Use
		Home Based Occupation/Business = Permitted Use

 

Notes (cont.):

10.

Design Standards Applicable to Commercial Structures and Uses.

a.

Limited Use Standards apply where applicable.

b.

Commercial uses and structures limited to numbered streets in the UN district.

c.

Commercial and Mixed Use building facades shall be designed with a distinct base, middle, and top and shall maintain the alignment of horizontal elements along the block.

d.

Doors or windows forming regular patterns of openings, some accentuated by balconies.

e.

Primary entrance doors for all buildings shall be facing street facing façades.

f.

If driveway and/or off-street service loading and unloading access are provided, cross access easements shall be required when adjoining properties are undeveloped.

g.

There shall be no blank walls greater than 25 feet in width.

h.

Bed and Breakfast: Maximum number of guest rooms is nine. Maximum length of stay is 28 days. Must be owner or manager occupied.

i.

Auto Repair and Auto Sales are permitted use on property legally described "ABST 628 Page 122 Lots 8 thru 9 & E 6.33-ft of Lot 10 (2010-1) SW Block 90 Galveston Outlots."

11.

Base Flood Elevation.

a.

Dry Flood Proofing. Dry Flood Proofing may be used to protect the space inside the building below the Base Flood Elevation if the ground floor entrance is not above the base flood elevation. Stairs and ramps may be incorporated inside the building envelop to transition to a higher level. In the case that dry flood proofing is not feasible, exterior stairs and ramps or other impact approaches shall only be permitted. Exterior ramps and stairs when used shall be positioned to minimize the accessibility of the commercial storefront.

b.

Exterior Ramps and Stairs. If an exterior ramp is required in order to accommodate access to a raised Base Flood Elevation, the ramp shall be oriented perpendicular to the primary facade in order to minimize the visual impact and pedestrian accessibility of the primary facade. If an exterior stair is required to accommodate access to a raised Base Floor Elevation, the steps shall be located towards the primary entrance along the primary facade.

12.

Design Standards for Commercial Structures.

a.

1 ^st Floor Height: 15 feet floor to ceiling

b.

2 ^nd Floor and Up: 10 feet floor to ceiling

c.

Build Material: Stone, brick, stucco, shiplap, fibrous cement board imitating wood shiplap

d.

Door Locations: Primary entrance doors for all buildings shall be facing street

e.

Balconies: Required at 2 ^nd and 3 ^rd floor

f.

On-site parking: Rear of building, enclosed if on front and access is available

g.

Fencing: Chain-link prohibited (cyclone)

h.

Windows: Upper floors shall be a minimum of 20 percent of each upper floor facade measured between 3 feet and 9 feet above each finished floor

i.

Window Type: Vertical orientation

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NEIGHBORHOOD SERVICES (NS)
Notes:
1. A site plan is required prior to the issuance of a building permit.
2. New structures shall meet the minimum front yard requirement of the most restrictive zoning district abutting the sides of the property being developed.
3. No side or rear yard required when adjacent to a canal or body of water.
4. The gross floor area of the structures located on the premises shall not exceed 2,000 square feet on the first floor, and shall not exceed a cumulative square footage of 4,000 square feet per building.
5. All primary entrances shall be oriented to the public sidewalk for ease of pedestrian access. Secondary and service entrances may be located from internal parking areas or alleys.		Minimum Lot Standards
		Area:	5,000 square feet
		Width:	0 feet
		Depth:	0 feet
6. All signage within the Neighborhood Services District shall conform to Article 5 of these regulations and all other applicable City codes.		Setbacks
		Front:	See note #2
		Side:	0 feet; 5 feet if abutting residential zone
		Rear:	0 feet
7. Encroachments: Canopies, signs, awnings, balconies and similar overhangs may encroach over any required setback, build-to-line or the sidewalk as long as the vertical clearance is a minimum of 8 feet. In no case shall an encroachment be located over any side or rear property line.		Building Height
		Maximum:	50 feet, measured from base flood elevation
8. Zoning setbacks may be inconsistent with Building Code. Refer to Building Division to determine final building and fire code setbacks.		Parking
		Residential:	None required; Maximum 1.5 spaces per unit
		Non-Residential:	Minimum 1 space per 1,000 square feet of floor area
9. Any outdoor storage areas accessory to the main use shall be enclosed by a solid masonry or concrete wall, or a wood fence, and shall not be less than 6 feet nor more than 8 feet in height.		Landscaping Refer to Article 9, Landscaping of the City Land Development Regulations.

 

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SINGLE-FAMILY RESIDENTIAL (R-3)
Notes:
1. A site plan is required prior to the issuance of a building permit.
2. The following historical districts (as identified in the historical overlay maps) are subject to the provisions set forth in the zoning designation R-3: a. East End Historical District (EEHD) b. Silk Stocking Historical District (SSHD) c. Lost Bayou Historical District (LBHD)
3. No projection closer than 12 inches to a common property line. Projections include: roof eaves (up to 36 inches), window sills, and other architectural features.
4. No side or rear yard required when adjacent to a canal or body of water, or to and alley or rights-of-way.		Minimum Lot Standards
		Area:	2,500 square feet
		Width:	0-feet
		Depth:	0-feet
5. Sign, fence, and wall regulations apply.		Setbacks
		Front:	0 feet
		Side:	0 foot
		Rear:	0 foot
6. Accessory structures shall be limited to the provisions in Sec. 3.305.		Building Height
		Maximum:	50 feet, measured from base flood elevation
7. Only one principal structure and one ADU permitted, except as provided in Sec. 3.202.		Parking
		Residential:	Minimum one per unit
8. Article 2, Section 2.311, Child Facility Residential, shall be permitted only in the Lost Bayou Historical District.		Bed and Breakfast:	One per guest room, two of which may be placed in the street along the front yard
		Commercial:	One per 1,500 square feet of floor area
9. Zoning setbacks may be inconsistent with Building Code. Refer to Building Division to determine final building and fire code setbacks.		Landscaping Refer to Article 9, Landscaping of the City's Land Development Regulations.

 

8.

Commercial land uses in corner stores.

a.

Commercial activity as permitted for HZDs in corner stores shall be limited to the ground floor.

b.

Signage for corner stores shall be limited to 20 square feet maximum sign face and 15 foot max height.

c.

Gross floor area limited to 2,500 square feet

d.

Commercial land uses in corner stores shall be permitted only at the following addresses:

i.

1801, 1806, 1827, 1828 — Avenue L

ii.

1203, 1327— Ball/Avenue H

iii.

902, 1004, 1501, 1801, 1804 — Broadway/Avenue J

iv.

1202, 1301, 1427, 1527, 1602 — Church/Avenue F

v.

1327, 1728, 1801, 1802 — Market/Avenue D

vi.

902, 927, 1028, 1127, 1201, 1202, 1208 — Postoffice/Avenue E

vii.

902, 1728 — Sealy/Avenue I

viii.

1602 — Winnie/Avenue G

ix.

924 — 10 ^th Street

x.

303, 305 — 16 ^th Street

xi.

302 — 17 ^th Street

xii.

1127 — 18 ^th Street

xiii.

710, 1206 — 19 ^th Street

xiv.

1302 — 21 ^st Street/Moody

xv.

1124 — 25 ^th Street/Rosenberg

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COMMERCIAL (C)
Notes:
1. A site plan is required prior to the issuance of a building permit.
2. No side or rear yard required when adjacent to a body of water or right-of-way.
3. No projection closer than 12 inches to a common property line. Projections include: roof eaves (up to 36 inches) window sills, belt courses, and other architectural features.
4. Sign, fence, and wall regulations apply.
5. Boat slips, boat docks, shade covers, or decking constructed over water do not require a setback provided the improvement built over water is part of the platted lot.
6. One-family attached dwelling units require a 0-foot rear yard setback when abutting another one-family attached dwelling.		Minimum Lot Standards
		Area:	0 square feet
		Width:	40 feet
		Depth:	100 feet
7. Accessory structures shall be limited to the provisions in Sec. 3.305.		Setbacks
		Front:	0 feet; On Broadway (between eastside of 23 rd St. and west side of 19 th St. and the 2300 to 2600 blocks) a 25 foot to 45 foot build-to-line is required
8. Unlimited height from the east property line of Stewart Beach and eastward.		Side:	5 feet
		Rear:	0 feet; 10 feet if development abuts a residential zone
		Building Height
		Maximum:	50-feet, measured from base flood elevation
9. Zoning setbacks may be inconsistent with Building Code. Refer to Building Division to determine final building and fire code setbacks.		Parking
		Residential:	Minimum 1.5 per unit
		Multi-Family:	Minimum 1.5 per unit
		Non-Residential:	Minimum 1 per 300 square feet of floor area
		Lodging:	Minimum 1 per unit
10. Any outdoor storage areas accessory to the main use shall be enclosed by a solid masonry or concrete wall, or a wood fence, and shall not be less than 6 feet nor more than 8 feet in height.		Parking Location:	Rear of building. The Director may approve alternate design when parking in the rear not feasible.
		* See note #14 for properties located 2600-2700 Block of Market/Avenue D and 2600 block of Mechanic/Ave C
		Landscaping Refer to Article 9, Landscaping of the City's Land Development Regulations.

 

Notes (continued):

11.

Commercial District Fence Regulations. Maximum height of a fence is 8 feet. Fence must be constructed in a workmanship manner. Horizontal and vertical support posts are inside of the fence area or otherwise hidden from both the neighbor's and public's view. Fences with a shadow-box design shall be considered to hide support posts. No more than two different types of fencing material are permitted. Property owners shall be responsible for the maintenance of the fencing on their property and for removal of any fence if it becomes unsightly or a menace to public safety, health, or welfare. Fences shall be maintained in an upright condition. It shall be the responsibility of the property owner to insure that a fence does not block or obstruct the flow of storm water. Corrosive resistant material required.

12.

Broadway Boulevard Design Standards — 19 ^th Street to 59 ^th Street

a.

Vehicle Access.

1.

Keep the width to a minimum where a curb cut is to be installed. One-way entrances should have a maximum curb cut width of 12 feet and two-way entrances should have a maximum curb cut width of 25 feet.

2.

Where alternate access is available, the following curb cuts are permitted:

a.

two, one-way entrances with a maximum width of 12 feet each, provided directional signage is installed; or

b.

one, two-way entrance with a maximum curb cut width of 25 feet.

b.

Vending machines and vending kiosks visible from Broadway Boulevard right-of-way are prohibited.

c.

Fencing:

1.

Front yard fencing on Broadway Boulevard is prohibited except as permitted below.

2.

Residential Fencing Maximum Height: 42 inches solid fence; 80 inches open fence design. Barbed wire and chain link prohibited.

3.

Exceptions to fence regulations:

a.

A protective barrier of 30 inches in height and located behind a solid landscaped screen.

b.

Parking lots associated with Commercial Lodging (Hotel) developments.

d.

Building Massing and Scale.

1.

In order to integrate new development with the relevant character, massing, scale, and form of buildings on Broadway Boulevard, building facades shall be designed with a distinct base, middle, and top. The maximum building height shall not to exceed three stories or 45 feet, whichever is more restrictive.

2.

Corner buildings may exceed the maximum building height by 25% for 20% of the building's frontage along each corresponding street facade.

3.

Featured corner or vista terminating tower elements, tower time clocks and varied height parapet walls at the building facade are permitted and shall be exempt from the height limit so long as they are no taller than 25% of the height of the building.

4.

Seventy percent (70 %) of the building frontage on Broadway Boulevard shall provide a shade structure. The shade structure shall have a width of at least six feet to provide sufficient shade for pedestrians.

e.

Building Orientation.

1.

Buildings shall be oriented towards Broadway Boulevard. Primary entrances to buildings shall be located on Broadway Boulevard.

2.

Build-to-line: 70% of buildings, except for single-family detached, shall be located at Broadway Boulevard property line.

a.

27 ^th Street to 59 ^th Street:

i.

Front Yard Setback shall be 3 feet minimum and 5 feet maximum. The setback area shall be planted with shrubs and hedges, according to the planting standards in Table 9.302.

ii.

Limited "teaser" parking shall be allowed in front of the building. When parking is provided, the front setback shall be 40 feet.

iii.

Build-to-Line: 70% of the building(s), except for single-family detached, shall be located at the front setback.

3.

Build-to-zone: Single-Family Detached Structures shall be located within the Build-to Zone, the build-to-zone shall be the area between the property line abutting the Broadway Ave. right-of-way and a parallel line fifteen feet into the lot from the property line abutting the Broadway Ave. right-of-way.

4.

Side yard setback(s) may be zero (0) with fire rated walls.

f.

Windows and Spacing.

1.

At the first story, facades along a frontage line shall have frequent windows glazed with clear glass no less than seventy percent (70%) of the corresponding street level facade.

2.

There shall be no blank walls greater than 10 feet in length along any street frontage facade.

3.

Subdivide large areas of glazing with 8 inch wide walls or frames to complement and express the architecture of the building.

4.

Mirror, tinted, and reflective windows are prohibited.

g.

Exterior Ramps and Stairs.

1.

When required, ramps shall be oriented perpendicular to the primary facade in order to minimize the visual impact and pedestrian accessibility of the primary facade.

2.

Exterior stairs steps shall be located towards the primary entrance along the primary facade and connect with the public sidewalk for ease of pedestrian access.

h.

Grade Changes.

1.

Maximum grade changes from Broadway to 30-foot setback from property line shall not exceed 30 inches based upon a 6 inch plus 1 in 20 slope up to a maximum rise of 24 feet (Please see diagram A).

2.

Maximum grade change from side street (north-south streets) to 10-foot setback from property line shall not exceed 18 inches based upon a 6 inch curb height plus 1 in 20 slope up to a maximum rise of 12 inches (refer to diagram B).

3.

Additional elevation height changes to comply with minimum flood elevation shall occur with an accessible ramp, stairs, or Texas Accessibility Standards (TAS) code approved methods.

4.

Additional/steeper grade height changes may occur within the property lines outside the stipulated setback areas. Grade changes must comply with TAS.

i.

FEMA Flood Elevation (Dry Floodproofing).

1.

Dry Floodproofing - In accordance with 44CFR 60.3 Floodplain Management Criteria for flood prone areas. § (C)(3)(4) non-residential structures may have the lowest floor below the Base Flood Elevation (BFE) dry floodproofed and certified by a registered professional engineer that the structure is watertight below the BFE.

2.

Elevated - Stairs or ramps (internal or external) may be used to mitigate higher differentials between grade level and the active first floor of an elevated structure. To prevent structures from eliminating the connection to a sidewalk, fenestrations and/or entrances shall be brought down to the pedestrian level. Use of human scaled architectural elements including landscaped berms, stoops, porches, and articulated facades can be incorporated into the structure's design to preserve Broadway's familiar streetscape.

j.

Parking.

1.

Parking requirement on Broadway Blvd shall not exceed a maximum of 1 space per 150 sq. ft. of gross floor area.

k.

Pedestrian Zone (Right-of-Way).

1.

Along all street frontages, sidewalks and landscaping shall be installed in the right-of-way. Along all street frontages, the improvements shall consist of a six foot wide landscape strip at back of curb with an eight foot wide sidewalk. The landscape strip shall conform to the planting standards in Table 9.302 with the following exceptions:

a.

Trees shall have a minimum height of 10-feet upon planting; and

b.

Palms shall not be substituted for trees, but may be included as decorative additions.

l.

Service Elements.

1.

Service elements such as trash dumpsters, utility meters, backflow preventers, electrical, plumbing, mechanical, and communications equipment shall be located away from a street front. All service elements shall be situated and screened from view to the street and adjacent properties.

m.

Auto-Related Businesses (Between 19^thStreet and 65^thStreet).

1.

The following land uses shall operate (including display) within an enclosed structure:

a.

Auto Service Station.

13.

Seawall Boulevard Design Standards (South Jetty east to Condo Road; Condo Road west to 39 ^th Street; 39 ^th Street west to 61 ^st Street; 61 ^st Street west to Cove View Boulevard).

a.

Fencing: Prohibited within area between the north rights-of-way line of Seawall Boulevard and south façade of building.

b.

Residential Fencing Maximum Height: 42 inches solid fence; 60 inches open fence design.

c.

Vending Machines: attached to permanent structure, meet setbacks, proper ventilation (i.e. phones, ice machines, water, soft drinks, etc.)

d.

Buffering/Screening between commercial/lodging uses and residential zones and uses: A 4 foot wide landscaped strip and a 5 foot solid all or fence along all common property lines including rear property

e.

A maximum driveway width of 30-feet is permitted for all commercial properties. A minimum of 30-feet must be maintained between each drive of the same use and/or property.

14.

No parking requirement for properties located on the 2700—3200 block of Market (Avenue D), lots north on Market (Avenue D) between 27 ^th Street and 26 ^th Street and lots on the 2600 block of Mechanic (Avenue C).

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CENTRAL BUSINESS DISTRICT (CBD)
Notes:
1. A site plan is required prior to the issuance of a building permit.
2. Base Flood Elevation. Dry floodproofing may be used to protect the space inside the building below the Minimum Floor Elevation if the ground floor entrance is not above the base flood elevation. Stairs and ramps may be incorporated inside the building envelope to transition to a higher level. In the case that dry floodproofing is not feasible, only exterior stairs and ramps or other approaches shall be permitted. Exterior ramps and stairs when used shall be positioned to minimize the impact and accessibility of the commercial storefront.
3. Fence Screening. When a commercial use abuts a residential zone or use, 5-foot, solid concrete or wood material wall shall be installed along common property lines to screen the commercial use from the residential use or zone.		Minimum Lot Standards
		Area:	3,000 square feet
		Width:	0 feet
		Depth:	0 feet
4. Alcohol Sales Regulations. Within the CB, a special character area shall be established between 21 st and 23 rd street, approximately 160 feet north and south of the centerline of Postoffice Street. Bars and nightclubs are prohibited land uses. Alcohol sales incidental to operation of a restaurant are permitted.		Setbacks
		Front:	0 feet
		Side:	0 feet
		Rear:	0 feet
		Building Height
		Maximum:	None
5. Zoning setbacks may be inconsistent with Building Code. Refer to Building Division to determine final building and fire code setbacks.		Parking	Not required
6. Any outdoor storage areas accessory to the main use shall be enclosed by a solid masonry or concrete wall, or a wood fence, and shall not be less than 6 feet nor more than 8 feet in height.		Landscaping Refer to Article 9, Landscaping of the City's Land Development Regulations.

 

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RESORT-RECREATION (RES/REC)
Notes:
1. A site plan is required prior to the issuance of a building permit.
2. No side or rear yard adjacent to a canal or body of water.
3. Side yard may be reduced to 3 feet with appropriate fire rated wall.
4. If property fronts Seawall Boulevard, 0—10 feet, build-to-line, flag shaped lots exempt from this provision.
5. Unlimited height from the east property line of Stewart Beach and eastward.
6. Lots on Southside of Seawall Boulevard, 0 foot setback on Gulf of Mexico side of lot.
7. The following properties are exempt from the building height regulations: a. ABST 628 M Menard SUR PT of Lots 2,13 &14 (8-0) Block 125 & PT of Lots 7 & 8, Block 126 & ADJ ABND Alley & Streets b. ABST 628 M Menard SUR PT of Lots 2 thru 4 & 8 Thru 13 (8-1) Block 125 &Adj ABND Alley and Streets c. ABST 628 M Menard SUR PT of Lots 6,7, & Part of Lots 4, 5, & 8 Thru 11 (6-) Block 125 & ADJ ABND Alley & Streets		Minimum Lot Standards
		Area:	4,000 square feet
		Width:	40 feet
		Depth:	50 feet
		Setbacks
		Front:	0 feet
		Side:	5 feet
		Rear:	10 feet
		Building Height
		Maximum:	120 feet, measured from base flood elevation
8. Zoning setbacks may be inconsistent with Building Code. Refer to Building Division to determine final building and fire code setbacks.		Parking
		Residential:	Minimum one per unit
		Non-Residential:	One per 300 square feet of floor area
		Lodging:	Minimum 1 per unit
9. Any outdoor storage areas accessory to the main use shall be enclosed by a solid masonry or concrete wall, or a wood fence, and shall not be less than 6 feet nor more than 8 feet in height.		Landscaping Refer to Article 9, Landscaping of the City Land Development Regulations.

 

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LIGHT INDUSTRIAL (LI)
Notes:
1. A site plan is required prior to the issuance of a building permit.
2. No side or rear yard required when adjacent to a canal or body of water.
3. Bulk fuel or oil storage shall be located 300 feet from any residential land use or commercial district.
4. Zoning setbacks may be inconsistent with Building Code. Refer to Building Division to determine final building and fire code setbacks.
5. Any outdoor storage areas accessory to the main use that is visible from an arterial roadway shall be enclosed by a solid masonry or concrete wall, wood fence, or chain link fencing with slats that achieve a minimum screening of 95 percent opacity. No fence shall be less than 6 feet nor more than 8 feet in height.		Minimum Lot Standards
		Area:	0 square feet
		Width:	0 feet
		Depth:	0 feet
		Setbacks
		Front:	0 feet
		Side:	0 feet
		Rear:	0 feet
		Building Height
		Maximum:	None
		Parking	Refer to Article 9, Landscaping of the City Land Development Regulations.
		Landscaping Refer to "Article 9: Landscaping" of the City's Land Development Regulations.

 

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HEAVY INDUSTRIAL (HI)
Notes:
1. A site plan is required prior to the issuance of a building permit.
2. No side or rear yard required when adjacent to a canal or body of water.
3. Bulk fuel or oil storage shall be located 300-feet from the property line or zoning district boundary of any residential land use or commercial district.
4. Zoning setbacks may be inconsistent with Building Code. Refer to Building Division to determine final building and fire code setbacks.
5. Any outdoor storage areas accessory to the main use that is visible from an arterial roadway shall be enclosed by a solid masonry or concrete wall, wood fence, or chain link fencing with slats that achieve a minimum screening of 95 percent opacity. No fence shall be less than 6 feet nor more than 8 feet in height.		Minimum Lot Standards
		Area:	0 square feet
		Width:	0 feet
		Depth:	0 feet
		Setbacks
		Front:	0 feet
		Side:	0 feet
		Rear:	0 feet
		Building Height
		Maximum:	None
		Parking	One space per every four employees
		Landscaping Refer to Article 9, Landscaping of the City's Land Development Regulations.

 

(Ord. 16-037; Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-043, § 2, 8-22-19; Ord. No. 21-018, § 2, 5-27-21; Ord. No. 22-024, § 5, 5-26-22; Ord. No. 22-042, § 2, 8-26-22; Ord. No. 23-022, § 2, 3-23-23; Ord. No. 24-024, § 2, 4-25-24; Ord. No. 24-048, § 4, 8-22-24; Ord. No. 25-022 meeting, § 2, 5-22-25)