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Goliad City Zoning Code

Division 4

Districts

§ 14.02.151 AG agricultural district.

(a) 
Purpose.
The AG district is intended to be used primarily in areas where agricultural uses should be retained, where scattered non-farm growth should be prevented, and as a temporary classification for newly annexed lands.
(b) 
Uses permitted.
The following uses shall be permitted:
(1) 
Any customary agricultural use, building, or structure, including nurseries, greenhouses, orchards, truck farms and animal farms.
(2) 
Single-family detached residential dwellings.
(3) 
Churches and parish houses; cemeteries and crematories for the human dead; school(s) and colleges, including dormitories; public buildings and structures of the recreational, cultural, administrative and public service type; parks, playgrounds, and neighborhood recreational centers.
(4) 
Private noncommercial recreation areas, including country clubs, riding stables, swim clubs, and similar uses.
(5) 
Dairies and related establishments for processing milk products, not including retailing.
(6) 
Public utilities and railroad right-of-way and tracks, not including terminals, railroad yards, reservoirs, water towers pumping plants, or storage yards.
(7) 
Bed and breakfasts.
(c) 
Conditional uses.
The following uses shall be permitted only if expressly authorized by the city council:
(1) 
Hospitals for human care and veterinary hospitals of any kind, provided that the hospital grounds shall be distant at least two hundred (200) feet from any residential district.
(2) 
Utility stations and communications. Static transformer stations, booster stations, transmitters and utility stations, when operating requirements necessitate locating in the district, provided there is no yard or garage for service or storage, and provided further that the premises upon which the utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood, and not objectionable as to noise, odor, vibration or other disturbances.
(3) 
Radio and television transmitter tower.
(4) 
Satellite dishes.
(d) 
Accessory uses.
Accessory uses, buildings, or structures customarily incidental to any aforesaid permitted or conditionally permitted uses, including the following:
(1) 
Temporary fruit stands on any premises used for agricultural purposes.
(2) 
Parking facilities. Garages, carports, or other parking spaces for the exclusive use of residents of the premises in accordance with section 14.02.203.
(3) 
Swimming pools.
(e) 
Area, yard, height, and lot coverage requirements.
The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear) maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 14.02.351, “schedule of district regulations” [section 14.02.201, “general regulations”] and other applicable provisions of section 14.02.202, “supplementary district regulations.”
(Ordinance adopted 10/13/21)

§ 14.02.152 R-1 single-family residential.

(a) 
Purpose.
This district is the predominant single-family housing district in the city. Unless otherwise specified or requested, all residentially suited areas presently undeveloped, should be zoned in this district. Development in the R-1 district is limited primarily to single-family dwellings and certain community and recreational facilities to serve residents of the district.
(b) 
Uses permitted.
The following uses shall be permitted:
(1) 
One-family dwellings, detached and constructed on-site. Manufactured homes are prohibited from occupying sites in the R-1 district.
(2) 
Modular homes.
(3) 
Parks and playgrounds.
(4) 
Athletic fields and playfields, noncommercial, including stadiums.
(5) 
Bed and breakfasts.
(c) 
Conditional uses.
The following conditional uses may be allowed in the R-1 district, subject to the provisions of section 14.02.101, and the distances specified in this subsection shall prevail, unless they are modified by the board of adjustment in accordance with the provisions of section 14.02.101.
(1) 
Public utility and public services.
(2) 
Churches, parish houses, convents.
(3) 
Public and private schools.
(d) 
Area, yard, height, and lot coverage requirements.
The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 14.02.351, “schedule of district regulations” [section 14.02.201, “general regulations”] and other applicable provisions of section 14.02.202, “supplementary district regulations.”
(e) 
Automobile parking space regulations.
For parking space requirements, see section 14.02.203.
(Ordinance adopted 10/13/21)

§ 14.02.153 R-2 multiple-family residential.

(a) 
Purpose.
The R-2 district is established to meet the needs for medium to high density residential areas, where such development is in concert with area aesthetics, is environmentally sound, is compatible to the neighborhood, and promotes the character of the community.
(b) 
Uses permitted.
The following uses shall be permitted:
(1) 
Multiple-family dwellings and clustered multiple-family dwellings, which clustered multiple-family dwellings have a site plan approved by the planning and zoning commission for the particular project in which they are proposed;
(2) 
Two-family dwelling units;
(3) 
Churches, parish houses, convents;
(4) 
Country clubs, tennis courts, and such additional recreational uses as are for private recreation purposes or private club recreational purposes;
(5) 
Parks and playgrounds;
(6) 
Accessory uses, including, but not limited, to the following:
(A) 
Athletic fields and playfields, noncommercial, including stadiums and grandstands;
(B) 
Temporary buildings for storage of building materials and equipment and construction purposes, when on the same or adjoining lot as the principal use, for a period not to exceed the duration of such construction;
(7) 
Existing one-family dwelling units used as such on the effective date of this article;
(8) 
Day care centers; and
(9) 
All structures pertinent to this section must be constructed on-site.
(10) 
Bed and breakfasts.
(c) 
Conditional uses.
The following conditional uses may be allowed in the R-2 district subject to the provisions of section 14.02.101:
(1) 
Any uses allowed as a conditional use in the R-1 district unless permitted above.
(2) 
Offices for professional uses, such as (without limitation due to enumeration), building contractors, doctors, chiropractors, dentists, attorneys, insurance, real estate, abstract and title, accountants, architects, brokers, engineers, designers, and psychologists.
(d) 
Area, yard, height, and lot coverage requirement.
The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), and maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 14.02.351, “schedule of district regulations,” [section 14.02.201, “general regulations”] and other applicable provisions of section 14.02.202, “supplementary district regulations.”
(e) 
Automobile parking space regulations.
For parking space regulations, see section 14.02.203.
(Ordinance adopted 10/13/21)

§ 14.02.154 C-1 general commercial.

(a) 
Purpose.
The C-1 district is established to accommodate those uses that are of citywide and regional significance such as retail, service, and office uses.
(b) 
Generally.
(1) 
All business, servicing or processing, except for off-street parking, off-street loading and automobile service station operation, shall be conducted within completely enclosed buildings, except as otherwise provided.
(2) 
No use hereunder shall be permitted if said use entails storage or display of items for sale not enclosed by a building, except for incidental display or sale of seasonal retail items and such incidental display shall be permitted.
(3) 
Parking of trucks as an accessory use, when used in the conduct of a permitted business listed in this section, shall be limited to vehicles of not over one and one-half ton capacity when located within one hundred fifty (150) feet of a residence district boundary line.
(c) 
Uses permitted.
The following uses shall be permitted:
(1) 
Dwelling units on the second floor of a ground floor business use, as long as all requirements have been met in accordance with applicable city ordinances, state and federal laws and regulations;
(2) 
Neighborhood retail sales and service;
(3) 
Business offices;
(4) 
Professional offices, such as, doctors, dentists, attorneys, chiropractors, psychologists, insurance, real estate, architects, engineers, accountants, building contractors, and other similar uses;
(5) 
Clinics, both medical and dental, that could include pharmaceutical sales, provided that such pharmacies are complementary to the primary clinic use of the structure. Other similar medical or dental, diagnostic or therapeutic facilities (except residences) are permitted;
(6) 
Bakeries, cafes, confectioneries, ice cream shops, and restaurants that prepare foodstuffs for on-site retail sale only;
(7) 
Automobile parking lots and structures;
(8) 
Other neighborhood retail sales or service uses, which are similar in character to those enumerated above, and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of any property;
(9) 
Churches;
(10) 
Public utility and public service uses;
(11) 
Antique shops;
(12) 
Art galleries and museums;
(13) 
Banks and financial institutions;
(14) 
Department stores;
(15) 
Dry goods stores;
(16) 
Florist shops and conservatories;
(17) 
Furniture stores;
(18) 
Household appliance stores, including radio and television sales and services;
(19) 
Loan offices;
(20) 
Musical instruments sales and repair; office supply stores; optical sales;
(21) 
Physical culture and health services and reducing salons;
(22) 
Sporting goods stores;
(23) 
Theaters, indoors;
(24) 
Travel bureaus and transportation ticket offices;
(25) 
Schools, trade;
(26) 
Repair and storage garages;
(27) 
Theaters, lodges, assembly halls, auditoriums;
(28) 
Tire repair shops;
(29) 
Auto body operations;
(30) 
Automobile accessory stores;
(31) 
Automobile service stations, including the incidental storage of rental trucks and trailers, except that trucks and trailers for storage or rental may not be parked within the public right-of-way;
(32) 
Clothing and costume rental stores;
(33) 
Schools for music, dance, business or trade;
(34) 
Cleaning and dyeing facilities;
(35) 
Commercial recreation uses, including bowling alleys, arcades, golf driving ranges, gymnasiums, miniature golf courses, pool halls, swimming pools and skating rinks;
(36) 
Other retail sales and service uses which are similar in character to those enumerated in this subsection, and which will not be dangerous or otherwise detrimental to persons residing at, or enjoyment, or value of, any property, but not including any of the following uses:
(A) 
Any use permitted only in an I-1 district;
(B) 
Manufacturing and processing other than an accessory use customarily incidental to permitted commercial sales and service uses; or
(C) 
Any use which is objectionable by reason of emission of odor, dust, smoke, gas, vibration or noise, or which may impose hazard to health or property;
(37) 
Bed and breakfasts.
(d) 
Conditional uses.
The following conditional uses may be allowed in the C-1 district subject to the provisions of section 14.02.101.
(1) 
Hotels and motels, provided that the zoning lot shall be not less than two (2) acres;
(2) 
Dwelling units, restricted to a total gross floor area of five thousand (5,000) square feet above the ground floor of a commercial building.
(3) 
Single-family residential dwelling units, including modular homes.
(e) 
Area, yard, height, and lot coverage requirement.
The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 14.02.351, “schedule of district regulations,” [section 14.02.201, “general regulations”] and other applicable provisions of section 14.02.202, “supplementary district regulations.”
(f) 
Automobile parking space regulations.
For parking space regulations, see section 14.02.203.
(Ordinance adopted 10/13/21)

§ 14.02.155 I-1 industrial.

(a) 
Purpose.
The I-1 district is established to accommodate most industrial uses and protect such areas from the intrusion of certain incompatible uses that might impede the development and use of such lands for industrial purpose.
(b) 
Generally.
Uses permitted in the I-1 district are subject to the following conditions:
(1) 
All business, servicing, or processing, except for off-street parking, off-street loading, display of merchandise for sale to the public, and establishments of the “drive-in” type, shall be conducted within completely enclosed buildings, unless otherwise indicated in this section;
(2) 
All storage within one hundred (100) feet of a residence district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening, not less than six (6) feet nor more than eight (8) feet in height, provided no storage located within fifty (50) feet of such screening shall exceed the maximum height of such screening.
(c) 
Uses permitted.
Uses permitted in the I-1 district shall be as follows:
(1) 
Advertising products, such as signs and billboards;
(2) 
Ambulance, bus, train, and taxi stations, truck yards;
(3) 
Dairy and other food products, but not including fish and meat products, sauerkraut, vinegar, yeast, alcohol or alcoholic beverages;
(4) 
Building materials yard, contractor’s yard, lumberyard;
(5) 
Ceramic products, such as pottery, figurines, and small glazed tiles;
(6) 
Electrical appliances, such as lighting fixtures, irons, fans, and toasters;
(7) 
Electronic instruments;
(8) 
Furniture refinishing using a manufacturing or chemical dipping process;
(9) 
Insecticide and pesticide, packaging only;
(10) 
Machine shops and fabrication of metal not more than ten (10) gauge in thickness;
(11) 
Medical, dental, and optical supplies;
(12) 
Orthopedic and medical appliances, such as artificial limbs, braces, supports, and stretchers;
(13) 
Photo finishing associated with a manufacturing process;
(14) 
Repair of farm, household, office machinery or equipment;
(15) 
Scientific and precision instruments;
(16) 
Sheetmetal shops;
(17) 
Existing commercial and residential uses in use as such on the effective date of this article;
(18) 
Public utility and public service uses;
(19) 
Stadiums, auditoriums, and arenas, open or enclosed;
(20) 
Storage and warehousing establishments;
(21) 
Trailer sales and rental, for use with private passenger motor vehicles;
(22) 
Wholesaling establishments;
(23) 
Accessory uses, including but not limited to the following:
(A) 
Temporary buildings for construction purposes for a period not to exceed the duration of such construction;
(24) 
Other wholesale, manufacturing, construction or service uses which are similar in character to those enumerated in this subsection, and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment, or value of any property;
(25) 
Factory outlet retail or wholesale store for the sales and servicing of goods or materials on the same premises as the manufacturing company to which they are related, including sales and service in a separate building or buildings.
(d) 
Conditional uses.
The following conditional uses may be allowed in the I-1 district subject to the provisions of section 14.02.251 [section 14.02.101]:
(1) 
Amusement establishments, livestock exhibition halls, including fairgrounds, permanent carnivals, kiddy parks, and other similar outdoor amusement facilities;
(2) 
Asphalt and concrete hatching or ready-mix plants;
(3) 
Concrete products casting;
(4) 
Dwelling units may be permitted only as an accessory use and only for employees having duties in connection with any premises requiring them to live on said premises, including families of such employees when living with them;
(5) 
Gasoline and oil storage, wholesale, provided all applicable safety regulations are complied with, and provided, however, that the location is approved by the board of adjustment;
(6) 
Specialized fueling centers, including above ground storage tanks for such fuels;
(7) 
Motor freight terminals;
(8) 
Railroad freight terminals, railroad switching and classification yards, repair shops, and roundhouses;
(9) 
Restaurant;
(10) 
Theaters, automobile drive-in;
(11) 
Automobile and motorized vehicle and equipment display, sales, and service; or
(12) 
Existing commercial and residential uses used as such on the effective date of this article.
(e) 
Density, area, yard, height, and lot coverage requirement.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes (front, side, and rear), and maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 14.02.351, “schedule of district regulations,” [section 14.02.201, “general regulations”] and other applicable provisions of section 14.02.202, “supplementary district regulations.”
(f) 
Automobile parking space regulations.
For parking space regulations, see section 14.02.203.
(Ordinance adopted 10/13/21; Ordinance 1-11-2023-2 adopted 1/11/2023)

§ 14.02.156 MU mixed use vehicular - manufactured, recreational vehicle parks and tiny homes.

It is the purpose of the MU mixed use vehicular - manufactured home parks, recreational vehicle parks and tiny homes district to provide areas for the location of manufactured homes in an attractive, moderate density setting and insure the presence of amenities required for satisfactory quality of life in areas designated for manufactured home use. It is not the intent of this article to repeal any section of any ordinance regulating manufactured housing. If it also the intention to describe and provide areas for recreational vehicles and tiny homes.
(1) 
Manufactured home parks.
(A) 
Principal permitted uses for manufactured home parks.
(i) 
HUD-code manufactured home; and
(ii) 
Public parks, playgrounds, recreational and community center buildings and grounds; public golf courses, public swimming pools, tennis courts and similar recreational uses, all of a noncommercial nature. Any principal building or any swimming pool shall be located not less than one hundred (100) feet from any other lot in any residential district.
Note: Mobile homes as defined in the Manufactured Housing Standards Act, article 1201, Texas Occupations Code, shall not be used as dwelling units in the city.
(B) 
Conditional uses.
All conditional uses permitted in the R-1 single-family district.
(C) 
Accessory uses.
All accessory uses permitted in the R-1 single-family district.
(D) 
Height regulations.
No principal structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height, and no accessory structure shall exceed one (1) story, or twenty (20) feet in height.
(E) 
Manufactured home park plan required.
Application for the establishment of a manufactured home park shall be filed with the city secretary, or designee, and must be accompanied by a plat, drawn to scale and certified by a registered public surveyor, civil engineer, landscape architect or architect. Fifteen (15) blue and black line copies of the plat shall be submitted to the city secretary at least fourteen (14) days prior to the planning and zoning commission meeting at which the plat is to be considered. The plat shall be drawn on a twenty-four (24) inch by thirty-six (36) inch sheet at a scale of one (1) inch = one hundred (100) feet unless a larger scale is authorized by the city. A scale of one (1) inch = two hundred (200) feet is the smallest scale to be permitted. The planning and zoning commission shall review the plat for the manufactured home park and submit a recommendation to the city council. The plat shall contain the following information:
(i) 
Accurate dimensions of the proposed manufactured home park;
(ii) 
All roads and approaches and the method of ingress and egress from public streets;
(iii) 
Complete electric service installation, wire service outlets and lighting facilities all underground;
(iv) 
Complete location of any natural gas facilities to serve the park;
(v) 
Complete layout of unit parking spaces and number of square feet therein, together with the dimensions;
(vi) 
Location of electric power or gas distribution systems, water mains or wells for water supply outlets for domestic water users, location of sanitary facilities, washrooms, garbage disposal units, incinerators, drain lines, leaching beds, fire protection stalls, and other buildings or structures contemplated to be used by such applicant in connection with the mobile home park;
(vii) 
Name and address of the owner and engineer, surveyor of [or] land planner;
(viii) 
Proposed name of the park;
(ix) 
A north point, scale of plat, and date of preparation;
(x) 
Contours at intervals of five (5) vertical feet; and
(xi) 
Drainage plans for park.
(F) 
Enlargement.
(i) 
Any enlargement or extension of any existing manufactured home park shall require application for a building permit as if it were a new establishment.
(ii) 
Enlargement-existing facilities to comply. No enlargement or extensions to any manufactured home park shall be permitted unless the existing facility is made to conform with all the requirements for new construction for such an establishment.
(G) 
Minimum standards and requirements.
Manufactured home parks shall be designed and maintained in accordance with the following requirements:
(i) 
Park area.
The minimum manufactured home park shall be five (5) acres.
(ii) 
Manufactured home lots - minimum requirements.
a. 
Area: 4,000 sq. ft.
b. 
Width: 40 ft.
c. 
Front yard: 20 ft.
d. 
Rear yard: 20 ft.
e. 
Side yard: 10 ft.
(H) 
General requirements.
(i) 
Parking.
All areas used for automobile access and parking shall comply with the applicable provisions of this article, provided that there shall be at least two (2) off-street parking spaces for each manufactured home lot, and one (1) additional space for each three (3) lots to accommodate guests.
(ii) 
Entrance to manufactured home parks.
No vehicular entrance to, or exit from, any manufactured home park, wherever such may be located, shall be within two hundred (200) feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.
(iii) 
Landscaping - unused areas.
All areas not used for access, parking, circulation, buildings, and service shall be completely and permanently landscaped and the entire site maintained in good condition. A landscaped strip of land not less than ten (10) feet in width shall be established and maintained within the mobile home park along the exterior boundaries.
(iv) 
Screening.
Screening shall be provided according to the following requirements:
a. 
In the event that a manufactured home park backs or sides upon a residential, commercial, or industrial district, a solid masonry screening fence not less than six (6) feet in height shall be erected and maintained along the property line dividing the two (2) districts;
b. 
A masonry screening fence shall consist of materials of equal composition and characteristics as the main buildings in the district; and
c. 
No such screening fence shall be so erected as to obstruct the vision of motorists at alley, street or drive intersections.
(v) 
Access.
Each manufactured home park shall abut a public street, and each manufactured home lot shall have direct access to a private interior street.
(vi) 
Interior streets.
The minimum roadway width of interior streets will comply with the subdivision regulations and current development standards for the city. Such streets shall be paved according to the city’s specifications for residential streets and maintained in good condition and lighted at night.
(vii) 
Distances between manufactured homes.
The minimum distance between manufactured homes shall be not less than twenty (20) feet.
(viii) 
Concrete slab.
Each manufactured home lot shall be equipped with a concrete slab of sufficient size to support the wheels and front parking jack. Said slab shall have a minimum horizontal dimension of eight (8) by ten (10) feet and a minimum thickness of four (4) inches.
(ix) 
Utilities.
Each manufactured home unit shall be equipped with one (1) electrical outlet. Manufactured home units not equipped with water and sewer facilities shall be located no more than two hundred (200) feet from the community utility building which shall provide separate toilet and shower facilities for each sex. Fire hydrants shall be located in accordance with the specifications of the National Board of Fire Underwriters.
(x) 
Recreational areas.
There shall be provided within each manufactured home park an adequate site or sites for recreation for the exclusive use of the park occupants. Such recreational site or sites shall have a minimum area of at least eight (8) percent of the gross land area of the manufactured home park.
(xi) 
Length of occupancy.
No trailer or manufactured home shall remain in a manufactured home park for a period exceeding ten (10) days without connection to the permanent sanitary sewer system of the park.
(xii) 
Recreational vehicles and boat storage.
A storage area must be provided within each manufactured home park for the parking and storage of boats and recreational vehicles. Said storage area shall be of sufficient size to accommodate all boats and recreational vehicles in the mobile home park. Said storage area shall be screened with a six-foot solid fence of masonry or wooden construction.
(I) 
Additional requirements.
In addition to the foregoing, the city council may impose such other conditions, requirements, or limitations concerning the design, development, and operation of such manufactured home park as it may deem necessary for the protection of adjacent properties and public interest.
(J) 
After adoption of this ordinance, no manufactured home may be sited in any zoning district in the city except the manufactured home park district. Provided, that where manufactured homes are sited on individual lots, not in a manufactured home park as of that date, the property owner may site not more than one time a newer manufactured home, provided the home meets HUD standards under this section.
(K) 
Permits for manufactured homes.
It shall be unlawful for any person to park, use or occupy a manufactured home on any tract of ground within the jurisdiction of the city or on any tract of ground using any city services of the city unless a written permit is secured from the authorized representative under the following procedure:
(i) 
A permit is required for each manufactured home sited as allowed pursuant to this section.
(ii) 
It shall be the responsibility of the owner of the property on which the manufactured home will be parked to see that no manufactured home is parked on his property for more than fifteen (15) days without a permit.
(iii) 
The parking permit sticker shall be displayed upon the right front corner of the manufactured home at all times it is in effect, or on a window near the right front corner.
(iv) 
A fee for the permit shall be in the amount established by city council per manufactured home space and it shall be valid until the manufactured home is moved from its manufactured home space.
(v) 
The application for the permit shall contain the name of the manufactured home owner, his mailing address and a description of the manufactured home which shall include its model, size and serial number.
(vi) 
Any manufactured home subdivision operator or owner of property upon which a manufactured home is parked shall be held in violation of this article and subject to loss of license if he violates the requirements of this section.
(L) 
Revocation, suspension of permits; penalty.
The city council is hereby empowered to authorize any city employee to enter and inspect for health and sanitation purposes any facility licensed hereunder at any reasonable time and if, upon such inspection, it shall be found that the permit holder has violated any provision of this article, or any provision of any ordinance dealing with health and sanitation, or safety of the general public, a resident of a manufactured home or a resident of a manufactured home subdivision, the council shall have the power to revoke or suspend any license and notify the holder of such license of such violation and the suspension of the license. Unless such violations have been corrected within ten (10) days from such notice, the council shall have the power to revoke the license and discontinue all city services. Any permit holder who shall be in violation of any of the terms of this article shall be fined as prescribed in section 1.01.009 of the Goliad Code of Ordinances.
(M) 
Skirting required.
All manufactured homes installed within the city limits, shall have skirting constructed of prefabricated metal, artificial material, or wood siding which conceals and encloses the undercarriage of the manufactured home. City utilities shall not be connected for the manufactured home until the skirting is installed, unless the owner of the manufactured home acknowledges in writing that the utilities will be connected on the condition that they will be automatically terminated by the city without further notice if the skirting is not installed within ten (10) days from the date of issuance of a permit by the city.
(N) 
Maintenance.
Every person owning or operating a manufactured home, or manufactured home park shall maintain such subdivision and any facilities, fixtures and permanent equipment in connection therewith in a clean and sanitary condition and shall maintain the equipment in a state of good repair.
(2) 
Recreational vehicles and RV park.
(A) 
Purpose and scope.
The purpose of this section is to establish clear and unambiguous regulations pertaining to recreational vehicles and recreational vehicle parks in the city and to promote thereby an attractive community. Further, it is the purpose of this recreational vehicle (RV) park district to provide areas for the location of recreational vehicles (RVs) in an attractive, moderate density setting and insure the presence of amenities required for satisfactory quality of life in areas designated for recreational vehicle use. It is not the intent of this section to repeal any section of any ordinance regulating recreational vehicles.
(B) 
Definitions.
As used in this section the following terms shall have the meaning respectively assigned to them in this section:
Agent.
Any person authorized by the licensee of a recreational vehicle park to operate or maintain such park under the provisions of this section.
Building official.
The legally designated inspection authority of the city or his/her authorized representative.
Certificate of occupancy.
A certificate issued by the building official for the use of a building, structure and/or land when it is determined by him/her that the building, structure, and/or land complies with the provisions of all applicable city codes, ordinances, and regulations.
City.
City of Goliad, Goliad County, Texas.
City administrator.
The city administrator of the City of Goliad or his/her designee.
City official.
The legally designated head of a city department or his/her authorized representative when acting in an official capacity.
City superintendent.
The legally designated department head of the city’s public works department or his/her authorized representative.
Common access route.
A private way which affords the principal means of access to individual sites or auxiliary buildings. Common access route when used as emergency vehicles access the materials and design shall meet minimum standards established by the city superintendent.
Driveway.
A minor entranceway of the common access route within the park into an off-street parking area serving no more than two (2) sites.
Fire chief.
The legally designated chief of the fire department of the city or his/her authorized representative.
Hard-surface road.
A traffic conduit made of asphalt, concrete road or other paving materials meeting the approval of the city superintendent.
Internal RV park street.
Same as “common access route.”
License.
A written license issued by the building official permitting a person to operate and maintain a recreational vehicle park under the provisions of this section and regulations issued hereunder.
Licensee.
Any person licensed to operate and maintain a recreational vehicle park under the provisions of this section.
Pad.
The paved parking area within the site, accommodating RV and auxiliary vehicle.
Park.
Recreational vehicle park.
Person.
Any natural individual, firm, trusts, partnership, association or corporation.
Plot plan.
Graphic representation, drawn to scale, in a horizontal plane delineating the outlines of the land included in the plan and all proposed use locations, accurately dimensioned, the dimensions also indicating the relation of each use to that adjoining and to the boundary of the property.
Private street.
Same as “common access route.”
Recreational vehicle.
A portable home designed as a temporary dwelling for travel and recreational and vacation uses. Such homes shall exceed 4,000 pounds in total weight and shall be licensable as a recreational vehicle whether or not its wheels, rollers, skids or other rolling equipment have been removed, and whether or not any addition thereto has been built on the ground; and shall also include pickup campers, converted buses, self-powered motor homes, tent trailers, tents and analogous temporary portable housing and accessory buildings.
Recreational vehicle park.
A contiguous parcel of land licensed or used in whole or in part, with or without charges, for the parking of recreational vehicles occupied or intended to be occupied for dwelling or sleeping purposes for any length of time.
Service building.
A structure housing toilets, lavatories and such other facilities as may be required by this section.
Site.
A plot of ground within the park designed for the accommodation of one recreational vehicle together with such open space as required by this section. This term shall also include the terms lot, stand and site.
Site plan.
Same as “plot plan.”
Tow vehicle.
A vehicle used to tow a recreational vehicle, or a vehicle being towed by a recreational vehicle.
Water connection.
The connection consisting of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within a recreational vehicle.
(C) 
Permitted uses.
Recreational vehicle placement, storage and residence; and public parks, playgrounds, recreational and community center buildings and grounds; public golf courses, public swimming pools, tennis courts and similar recreational uses.
(D) 
Conditional uses.
All conditional uses permitted in the R-1 single-family district, as well as limited commercial uses as permitted through variance by the city council following a public hearing.
(E) 
General requirements for recreational vehicle parks.
In addition to all other requirements as specified herein and in the City of Goliad Code of Ordinances, the following specific requirements relating to recreational vehicle parks are required:
(i) 
Sites/pads.
a. 
No more than 10 camping unit sites per acre.
b. 
Each parking space or pad shall be equipped with water, sewer and electrical hook-ups which shall conform to all applicable codes or ordinances of the city. This will not apply to late night arrivals parking 24 hours or less.
c. 
Each recreational vehicle shall be placed at a separate stand provided for such units.
d. 
No permanent structures, additions, add-ons, clotheslines, extra rooms or extra area, add-on storage space or any improvement shall be any time be added to a recreational vehicle located within the city limits of the city.
e. 
Pad size within each site shall be adequate to allow for one (1) recreational vehicle and one (1) ancillary at each pad.
f. 
A minimum separation and clearance shall be maintained between each unit, measured from the centerline of the pad of not less than 17.5 feet.
g. 
For those pads abutting the property line, a ten (10) foot rear yard setback shall be observed.
(ii) 
Roadways/entranceways.
a. 
All recreational vehicle park entrances shall be set back from the public street right-of-way not less than 100 feet to allow movement on the property without blocking or impending traffic.
b. 
All one-way arteries, internal RV park roads, should be a minimum of 15 feet in width and two-way arteries, internal RV park roads, should be a minimum of 20 feet in width.
c. 
Driving surface must adequately improve and compacted crushed road base material, asphalt, concrete or other paving material, adequate to support the weight of the recreational vehicle and not heave, shift, or settle unevenly under the weight of the recreational vehicle due to frost action, inadequate drainage, vibration or other forces acting on the structure.
d. 
At no time may the driveway or entranceway to a park be blocked, barricaded or secured in such a way as to prevent or impede access to the park by public services and emergency services vehicles.
e. 
It shall be the duty of any licensee hereunder to at all times initiate repairs as shall be necessary to ensure the continued use of the property and to keep same free from hazards, obstructions or circumstances which represent unnecessary or inappropriate visual obstruction. Failure to cause all necessary repairs to be made shall be a violation of this code.
f. 
The entrance to the park shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets.
g. 
In addition, hereto, the proprietor of any park shall maintain upon the premises, in a convenient location, at least one handicap parking.
h. 
Separate driveway or single accessways shall be maintained off the required road for ingress and egress to each area or place reserved for a recreational vehicle.
i. 
Every driveway or public street accessway for recreational vehicles shall be sufficiently well lit so as to provide safe areas for ingress and egress.
(iii) 
Service buildings/facilities.
a. 
Service buildings shall be permanent structures complying with all applicable ordinances and statutes regulating electrical, plumbing, gas and mechanical installations.
b. 
All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public.
c. 
Each park shall provide the following unisex toilet and shower facilities: One (1) toilet, lavatory or washbasin and shower or bathtub for every fifty (50) sites with one (1) bathroom facility for each additional fifty (50) sites or fraction thereof.
d. 
All toilets, basins, showers and bathtubs shall be placed in properly constructed buildings. Such buildings shall be well lit and ventilated at all times. Openings shall be screened with wire of not less than fourteen (14) meshes to the square inch and shall be constructed of such moisture-proof material as to permit rapid and satisfactory cleaning, scouring, and washing. Floors shall be of concrete or some similar material and elevated not less than four inches (4") above grade. Each room shall be provided with floor drainage.
e. 
The park shall comply with HUD visit ability standards for the mobility impaired. The applicant shall show proof of compliance.
f. 
Each park shall have a common washer, dryer and laundry preparation area.
(iv) 
Garbage receptacles.
a. 
Each recreational vehicle park shall provide a minimum of one (1) dumpster for every fifty (50) sites with one (1) additional dumpster for each additional fifty (50) sites or fraction thereof.
b. 
The storage, collection and disposal of refuse in the recreational vehicle park shall be so conducted as to create no health hazards.
c. 
No garbage is allowed outside at individual sites.
d. 
A dumpster (fly tight, watertight, rodent-proof) or removable high-quantity trash collection facility or similar device shall be maintained in the park which shall be emptied and serviced at least twice per week. The dumpster or trash collection facility shall contain at least one square foot of space for each stand located within the park and shall be located in an area or location that is screened and secured by wood and/or brick fencing or architectural features. Each dumpster shall contain a minimum four-yard capacity and there shall be a minimum dumpster capacity equal to one yard of dumpster capacity per ten (10) stands within the park
(v) 
Licensing and license fees.
a. 
It shall be unlawful for any person to maintain or operate a recreational vehicle park within the corporate limits of the city unless such person shall first obtain a license.
b. 
The biannual license fee for each recreational vehicle park shall be in the amount established by city council.
c. 
The fee for transfer of license shall be in the amount established by city council.
(vi) 
Application for license.
a. 
Application for recreational vehicle license shall be filed with the city administrator and upon the approval by the city council, the city administrator shall issue the license.
b. 
Applications shall be in writing signed by the applicant or a duly authorized officer or agent of applicant and shall contain at least the following:
1. 
The name and address of the applicant;
2. 
The location and legal description of the recreational vehicle park, a complete plan of the park drawn to scale;
3. 
Plans and specifications of all buildings and improvements constructed or to be constructed within the recreational vehicle park; and
4. 
Such further information as may be requested by the planning and zoning commission to enable it to determine if the recreational vehicle park will comply with legal requirements.
c. 
The owner of the park shall apply to the city council for licensure to operate said park. This license shall be in effect for a period of two (2) years following approval.
d. 
Licenses will be issued upon:
1. 
Completion of an application; and
2. 
Receipt of any fees as set annually by the city council; and
3. 
Satisfactory inspection of the site by the city; and
4. 
Action of the city council to approve the license.
e. 
Applications for licenses may be denied based on failure to comply with the requirements listed above, as well as any other applicable section of this article. Additionally, any park operating without a license may be subject to injunction against operation, cessation of city utilities and the city’s limitation of ingress and egress across the city right-of-way following a hearing before the city council and the appropriate magisterial body.
(vii) 
Location.
Recreational vehicle parks may be located only in an area zoned for such use under the provisions of the city zoning ordinance.
(viii) 
Recreational vehicle park plan.
The recreational vehicle park shall conform to the following requirements:
a. 
Drainage.
In addition to the requirements as herein set out, it shall be necessary for any person seeking an RV park license hereunder to provide a drainage plan for the proposed park in a form and specifying such requirements as shall be from time to time designated and required by the city.
b. 
Contents and designations.
Specific lots or tracts for each unit to be occupied by a stand in a park shall be appropriately designated on the plan and application for city RV park license including all common areas, required improvements, and layout. The application and/or plans submitted shall show the location and specifications for all required roadways and points of ingress and egress to and from all stands.
(ix) 
Fire protection.
a. 
Extinguishers required.
Every Park shall be equipped at all times with fire extinguishing equipment in good working order of such type, size, and number and so located within the park as to satisfy the fire code and other applicable regulations of the city.
b. 
Open fires restricted.
No open fires shall be permitted, except that this shall not be construed to prevent barbecuing with charcoal in an approved pit or grill, not meant to exclude approved communal campfire area designated by RV park.
c. 
Emergency vehicle clearance.
All sites and any part of a recreational vehicle shall not exceed one hundred fifty (150) feet from the hard-surface streets.
d. 
State legislation and regulations applicable.
State and local regulations applicable to the handling of bottled, liquefied gas and fuel oil shall apply.
e. 
Storage and handling of flammable liquids.
In parks in which gasoline, fuel oil, or other flammable liquids are stored or dispensed their handling and storage shall comply with the city fire code.
f. 
Access to sites for firefighting.
Approaches to all sites shall be kept clear for firefighting personnel and equipment. There is no parking of vehicles on internal RV park roads at any time.
g. 
Firefighting instruction.
The Park owner or agent shall be responsible for the instruction of his staff in the use of the park fire protection equipment and in their specific duties in the event of fire.
h. 
Water supply facilities for fire department operations.
Water supply facilities for fire department operations shall be connected to the city public water supply system.
i. 
Fire hydrants.
The park owner shall provide standard city-approved fire hydrants located within five hundred (500) feet of all sites, measured along the path of travel using driveways and/or streets. When fire hydrants are required the water mains and fire hydrants shall be dedicated to the city after construction of improvements is performed to the city engineering standards and approved by the city superintendent. The water mains and fire hydrants when located on private property shall be in a dedicated utility easement of the size set by the city superintendent adequate to service said lines and hydrants after all development has accrued.
j. 
Proper notification supplied to emergency personnel.
The owner or operator of all parks permitted hereunder shall maintain a person who shall be available for contact by the police, fire department and all other applicable emergency personnel 24 hours a day, 7 days a week. The designated contact person, plus the owner and/or operator of the park, shall be required to have posted in a conspicuous place in the office the location of the master shut-off valves for gas and electric utilities and such other disconnects as shall be appropriate or necessary in order to preserve the health, safety and well-being of the community. This emergency shut-off information and an RV park map, specifying site numbers and locations should be filed with local emergency services and fire department personnel in order to provide timely service to RV park guests. This must update at the time of any changes or at the time of license renewal, whichever occurs first.
k. 
Dry vegetation.
The park licensee or agent shall be responsible for maintaining the entire area of the park free of dry brush, leaves and weeds.
(x) 
Supervision.
The licensee or agent shall operate the park in compliance with this section and other applicable ordinances and shall provide adequate supervision to maintain the park, its facilities and its equipment in good repair and in a clean and sanitary condition.
a. 
Agent responsibility same as licensee.
The attendant or caretaker shall be answerable with the licensee for the violation of any provision of this section to which the licensee is subject.
b. 
Ensure notification.
The licensee or agent shall notify park occupants of all applicable provisions of this section and inform them of their duties and responsibilities under this section.
c. 
Registry required.
It shall be the duty of all owners or operators of a park to maintain all appropriate records so as to identify and locate park tenants. At a minimum, the licensee or agent shall maintain a register of park occupancy which shall contain at least the following information:
1. 
Name and address of park residents;
2. 
License number of recreational vehicle and/or tow vehicle;
3. 
Location of each recreational vehicle within the park by space or lot number; and
4. 
Dates of arrival and departure.
(xi) 
Registry renewal and retention.
A new register shall be initiated on January 1 of each year and the old register is retired, but the old register shall be retained on the premises for at least five (5) years following the retirement.
(xii) 
Registry access to inspection.
Registers shall be available for inspection at all reasonable times by an official of the city whose duties may necessitate access to the information contained therein.
(xiii) 
Inspection.
a. 
Authorized inspectors.
The city administrator, the city superintendent and the fire chief are hereby authorized and directed to make such inspections as necessary to determine compliance with this section.
b. 
Access of inspectors.
The city administrator, city superintendent and the fire chief shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this section.
c. 
Authority of inspectors.
The city administrator, city superintendent and the fire chief have the power and authority in discharging their official duties to inspect the register containing a record of all residents of the park.
(xiv) 
Revocation of license.
a. 
Revocation proceeding.
The city may conduct revocation proceedings by filing against the park and its operators in a court of competent jurisdiction.
b. 
City administrator’s authority.
The city administrator may revoke any license to maintain and operate a park, only when the licensee has been found guilty by a court of competent jurisdiction of violating any provision of this section.
c. 
Reinstatement.
After such conviction, a new license may be reissued if the circumstances leading to conviction have been remedied and the park is being maintained and operated in full compliance with the law.
(xv) 
Penalty.
Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Goliad, Texas, shall be subject to a fine not to exceed two thousand dollars ($2,000.00) for each offense, except however, where a different penalty has been established by the state law for such offense the penalty shall be that fixed by state law; and each and every day said violation is continued shall constitute a separate offense.
(xvi) 
Exceptions.
Notwithstanding any of the requirements of this section, if it be shown to the satisfaction of the planning and zoning commission, board of adjustment or city council, that any of the requirements if complied with would cause undue hardship on any applicant for a license hereunder or licensee hereunder, and that such requirement or requirements would not be for the best interest and general welfare of the City of Goliad and the citizens affected by this section, the city may waive such requirement or requirements after action on such exception by the city council.
(xvii) 
General provisions for the governance of RVs in non-RV-park areas.
All recreational vehicles shall be limited to residential use and all occupied recreational vehicles shall be located in recreational vehicle parks unless maintained in a safe and orderly manner upon private property not precluded by zoning, deed restrictions or other protective covenants prohibiting, restricting, or limiting such use provided, however, a recreational vehicle occupied and parked upon any property in residential use where the recreational vehicle is visible from any public street shall not remain there for more than thirty (30) days total during any calendar year unless a special permit is obtained from the city. In any event, a recreational vehicle shall not be parked on any street or right-of-way for the purpose of storage.
(Ordinance adopted 10/13/21)

§ 14.02.157 FP floodplain district.

(a) 
Floodplain prefix to district designation.
(1) 
The FP prefix designation constitutes a zoning overlay district, and the addition or removal of the FP prefix constitutes zoning action requiring due process provided under state law. Further public notice to all downstream property owners within the city with like FP zoning is required prior to any such zoning action.
(2) 
To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the health, safety and general welfare of the community, portions of certain districts are designated with a floodplain prefix FP and shall be subject to the following provisions.
(b) 
Permitted uses.
(1) 
In this district, no land shall be used except for one or more of the following permitted uses, to the extent that they are not prohibited by other regulations or ordinances, and provided that such uses do not require above-ground structures, filling or storage of material or equipment, except as herein specifically authorized.
(A) 
Agricultural activities including the ordinary cultivation of land or legal forms of animal husbandry
(B) 
Electrical substation.
(C) 
All types of local utilities, including, but not limited, to water distribution and waste water collection systems, water and wastewater treatment facilities and water quality/ monitoring stations or other structures required to provide water and sewage, telephone, gas and electrical services.
(D) 
Parks, community centers, playgrounds, public golf courses.
(E) 
Private commercial open area amusements such as golf courses, driving ranges, archery courses and similar uses when approved by conditional use zoning action.
(F) 
Facilities that would warrant no flood protection, such as accessory private open space in conjunction with commercial or residential development, community unit recreational areas or recreation developments.
(G) 
Parking areas associated with a part of contiguous land use.
(H) 
Recreational vehicle parks.
(2) 
No building or structure shall be erected in that portion of a district designated with a floodplain FP prefix other than those listed in this section. There shall be no dumping, excavation, storage or filling operations within that portion of a district having a floodplain FP prefix designation except under conditions of this article.
(c) 
Conditions for adding FP prefix designation.
The city council may, after a public hearing, amend the zoning classification of any property by adding the floodplain FP prefix designation based on hydraulic engineering studies indicating new boundaries of the area that is subject to inundation by floodwaters. The city council shall provide for the addition of such floodplain FP prefix designation to the zoning district maps.
(d) 
Conditions for removal of FP prefix designation.
The city council, in considering and determining its decision relative to any application for the removal of the floodplain FP prefix designation, shall require the applicant to furnish, to the city, fill and development plans, and data concerning the operation, location, function and characteristics of any use of land or building proposed. The application will not be scheduled for public hearing until the city engineer certifies information furnished is adequate for review and comment as required in this section.
(Ordinance adopted 10/13/21)

§ 14.02.158 H historical overlay.

(a) 
In considering whether to recommend approval or disapproval of a certificate application to relocate a building, object or structure designated a historic landmark or located in a historic district, the historic and design review commission shall be guided by the following considerations:
(1) 
The historic character and aesthetic interest the building, structure or object contributes to its present setting;
(2) 
Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be;
(3) 
Whether the building, structure, or object can be moved without significant damage to its physical integrity;
(4) 
Whether the proposed relocation area is compatible with the historical and architectural character of the building, object, or structure.
(5) 
Balancing the contribution of the property to the character of the historic district with the special merit of the application.
(6) 
Should an application to relocate a building, object or structure be approved, the historic preservation officer shall ensure that the new location is already zoned historic or shall review whether such location should be designated.
(7) 
The historic preservation officer may approve applications for relocation for properties deemed noncontributing to the historic character of a historic district.
(b) 
Demolition.
Demolition of a historic landmark constitutes an irreplaceable loss to the quality and character of the city. Accordingly, these procedures provide criteria to prevent unnecessary damage to the quality and character of the city’s historic districts and character while, at the same time, balancing these interests against the property rights of landowners.
(c) 
Applicability.
The provisions of this section apply to any application for demolition of a historic landmark (including those previously designated as historic exceptional or historic significant) or a historic district.
(d) 
Historic landmark.
No certificate shall be issued for demolition of a historic landmark unless the applicant provides sufficient evidence to support a finding by the commission of unreasonable economic hardship on the applicant. In the case of a historic landmark, if an applicant fails to prove unreasonable economic hardship, the applicant may provide to the historic and design review commission additional information regarding loss of significance as provided is subsection (c) in order to receive a historic and design review commission recommendation for a certificate for demolition.
(e) 
Entire historic district.
If the applicant wishes to demolish an entire designated historic district, the applicant must provide sufficient evidence to support a finding by the commission of economic hardship on the applicant if the application for a certificate is to be approved.
(f) 
Property located in historic district and contributing to district although not designated a landmark.
No certificate shall be issued for property located in a historic district and contributing to the district although not designated a landmark unless the applicant provides sufficient evidence to support a finding by the commission unreasonable economic hardship on the applicant if the application for a certificate is disapproved. When an applicant fails to prove unreasonable economic hardship in such cases, the applicant may provide additional information regarding loss of significance as provided is subsection (c) in order to receive a certificate for demolition of the property.
(g) 
Unreasonable economic hardship.
(1) 
Generally.
(A) 
The historic and design review commission shall be guided in its decision by balancing the historic, architectural, cultural and/or archaeological value of the particular landmark or eligible landmark against the special merit of the proposed replacement project. The historic and design review commission shall not consider or be persuaded to find unreasonable economic hardship based on the presentation of circumstances or items that are not unique to the property in question (i.e. the current economic climate).
(B) 
For all structures and property:
(i) 
The past and current use of the structures and property;
(ii) 
The name and legal status (e.g., partnership, corporation) of the owners;
(iii) 
The original purchase price of the structures and property;
(iv) 
The assessed value of the structures and property according to the two (2) most recent tax assessments;
(v) 
The amount of real estate taxes on the structures and property for the previous two (2) years;
(vi) 
The date of purchase or other acquisition of the structures and property;
(vii) 
Principal balance and interest rate on current mortgage and the annual debt service on the structures and property, if any, for the previous two (2) years;
(viii) 
All appraisals obtained by the owner or applicant within the previous two (2) years in connection with the owner’s purchase, financing or ownership of the structures and property;
(ix) 
Any listing of the structures and property for sale or rent, price asked and offers received;
(x) 
Any consideration given by the owner to profitable adaptive uses for the structures and property;
(xi) 
Any replacement construction plans for proposed improvements on the site;
(C) 
Financial proof of the owner’s ability to complete any replacement project on the site, which may include but not be limited to a performance bond, a letter of credit, an irrevocable trust for completion of improvements, or a letter of commitment from a financial institution; and
(D) 
The current fair market value of the structure and property as determined by a qualified appraiser.
(E) 
Any property tax exemptions claimed in the past five (5) years.
(F) 
For income producing structures and property:
(i) 
Annual gross income from the structure and property for the previous two (2) years;
(ii) 
Itemized operating and maintenance expenses for the previous two (2) years; and
(iii) 
Annual cash flow, if any, for the previous two (2) years.
(G) 
In the event that the historic and design review commission determines that any additional information described above is necessary in order to evaluate whether an unreasonable economic hardship exists, the historic and design review commission shall notify the owner. Failure by the owner to submit such information to the historic and design review commission within fifteen (15) days after receipt of such notice, which time may be extended by the historic and design review commission, may be grounds for denial of the owner’s claim of unreasonable economic hardship.
(H) 
Construction cost estimates for rehabilitation, restoration, or repair, which shall be broken out by design discipline and construction trade, and shall provide approximate quantities and prices for labor and materials. OHP shall review such estimates for completeness and accuracy, and shall retain outside consultants as needed to provide expert analysis to the HDRC.
(I) 
When a low-income resident homeowner is unable to meet the requirements set forth in this section, then the historic and design review commission, at its own discretion, may waive some or all of the requested information and/or request substitute information that an indigent resident homeowner may obtain without incurring any costs. If the historic and design review commission cannot make a determination based on information submitted and an appraisal has not been provided, then the historic and design review commission may request that an appraisal be made by the city.
(2) 
Loss of significance.
(A) 
When an applicant fails to prove unreasonable economic hardship the applicant may provide to the historic and design review commission additional information which may show a loss of significance in regards to the subject of the application in order to receive historic and design review commission recommendation of approval of the demolition.
(B) 
If, based on the evidence presented, the historic and design review commission finds that the structure or property is no longer historically, culturally, architecturally or archeologically significant, it may make a recommendation for approval of the demolition. In making this determination, the historic and design review commission must find that the owner has provided sufficient evidence to support a finding by the commission that the structure or property has undergone significant and irreversible changes which have caused it to lose the historic, cultural, architectural or archeological significance, qualities or features which qualified the structure or property for such designation. Additionally, the historic and design review commission must find that such changes were not caused either directly or indirectly by the owner and were not due to intentional or negligent destruction or a lack of maintenance rising to the level of a demolition by neglect.
(C) 
The historic and design review commission shall not consider or be persuaded to find loss of significance based on the presentation of circumstances or items that are not unique to the property in question (i.e. the current economic climate).
(D) 
For property located within a historic district, the historic and design review commission shall be guided in its decision by balancing the contribution of the property to the character of the historic district with the special merit of the proposed replacement project.
(3) 
Documentation and strategy.
(A) 
Applicants that have received a recommendation for a certificate shall document buildings, objects, sites or structures which are intended to be demolished with 35mm slides or prints, preferably in black and white, and supply a set of slides or prints or provide a set of digital photographs in RGB color to the historic preservation officer. Digital photographs must have a minimum dimension of 3000 x 2000 pixels and resolution of 300 dpi.
(B) 
Applicants shall also prepare for the historic preservation officer a salvage strategy for reuse of building materials deemed valuable by the historic preservation officer for other preservation and restoration activities.
(C) 
Applicants that have received an approval of a certificate regarding demolition shall be permitted to receive a demolition permit without additional commission action on demolition, following the commission’s recommendation of a certificate for new construction. Permits for demolition and construction shall be issued simultaneously if requirements set forth herein related to new construction, are met, and the property owner provides financial proof of his ability to complete the project.
(D) 
When the commission recommends approval of a certificate for buildings, objects, sites, structures designated as landmarks, or structures in historic districts, permits shall not be issued until all plans for the site have received approval from all appropriate city boards, commissions, departments and agencies. Permits for parking lots shall not be issued, nor shall an applicant be allowed to operate a parking lot on such property, unless such parking lot plan was approved as a replacement element for the demolished object or structure.
(4) 
Issuance of permit.
(A) 
When the commission recommends approval of a certificate regarding demolition of buildings, objects, sites, or structures in historic districts or historic landmarks, permits shall not be issued until all plans for the site have received approval from all appropriate city boards, commissions, departments and agencies. Once the replacement plans are approved a fee shall be assessed for the demolition based on the approved replacement plan square footage. The fee must be paid in full prior to issuance of any permits and shall be deposited into an account as directed by the historic preservation officer for the benefit, rehabilitation or acquisition of local historic resources. Fees shall be as follows and are in addition to any fees charged by planning and development services:
(i) 
0–2,500 square feet = $2,000.00.
(ii) 
2,501–10,000 square feet = $5,000.00.
(iii) 
10,001–25,000 square feet = $10,000.00.
(iv) 
25,001–50,000 square feet = $20,000.00.
(v) 
Over 50,000 square feet = $30,000.00.
(B) 
The historic preservation officer may approve applications for demolition permits for non-contributing minor outbuildings within a historic district such as carports, detached garages, sheds, and greenhouses determined by the historic preservation officer to not possess historical or architectural significance either as a stand-alone building or structure, or as part of a complex of buildings or structures on the site.
(h) 
Prevention of demolition by neglect.
(1) 
Applicability.
In keeping with the city’s minimum housing standards, the owner, or other person having legal custody and control of a designated historic landmark or structure in a local historic district shall preserve the historic landmark or structure against decay and deterioration and shall keep it free from any of the following defects:
(A) 
Parts which are improperly or inadequately attached so that they may fall and injure persons or property;
(B) 
Deteriorated or inadequate foundation;
(C) 
Defective or deteriorated floor supports, or floor supports that are insufficient to carry the loads imposed safely.
(D) 
Walls, partitions, or other vertical supports that split, lean, list, or buckle due to defect or deterioration or are insufficient to carry the loads imposed safely;
(E) 
Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle due to defect or deterioration or are insufficient to support the loads imposed safely;
(F) 
Fireplaces and chimneys which list, bulge, or settle due to defect or deterioration or are of insufficient size or strength to carry the loads imposed safely;
(G) 
Deteriorated, crumbling, or loose exterior stucco or mortar, rock, brick, or siding;
(H) 
Broken, missing, or rotted roofing materials or roof components, window glass, sashes, or frames, or exterior doors or door frames; or
(I) 
Any fault, defect, or condition in the structure which renders it Structurally unsafe or not properly watertight.
(2) 
Compliance.
The owner or other person having legal custody and control of a designated historic landmark or structure in a local historic district shall, in keeping with the city’s minimum housing standards, repair the landmark or structure if it is found to have any of the defects listed in subsection (a) of this section. In addition, the owner or other person having legal custody and control of a historic landmark or a building, object, site, or structure located in a historic district shall keep all property, including vacant property, clear of all weeds, fallen trees or limbs, debris, abandoned vehicles, and all other refuse as specified under the city’s minimum housing codes and ordinances.
(i) 
Enforcement.
(1) 
The historic preservation officer and the historic and design review commission are authorized to work with a property owner to encourage maintenance and stabilization of the structure and identify resources available before taking enforcement action under this section.
(2) 
The historic and design review commission, on its own initiative, or the historic preservation officer may file a petition with code compliance requesting that the city proceed under the public safety and housing ordinance to require correction of defects or repairs to any structure covered by subsection (1) above so that such structure shall be preserved and protected in accordance with the purposes of this article and the public safety and housing ordinance.
(j) 
Penalties.
(1) 
A person may not violate a requirement of this article. Pursuant to section 214.0015 (additional authority regarding substandard buildings) of the Texas Local Government Code, a person who violates a requirement of this article commits a civil offense, and is civilly liable to the City of Goliad in an amount not to exceed one thousand dollars ($1,000.00) per day for each violation or an amount not to exceed ten dollars ($10.00) per day for each violation if the property is the owner’s lawful homestead. The city may by order assess and recover any such civil penalties against a property owner at the time of an administrative hearing regarding the violations provided the property owner was notified of the requirements of the ordinance and the owner’s need to comply with the requirements and, after notification, the property owner committed an act in violation of the ordinance or failed to take an action necessary for compliance with the ordinance. The city clerk shall file with the district clerk of Goliad County a certified copy of any order issued under this subsection stating the amount and duration of the penalty. Any monies collected shall be deposited into an account as directed by the historic preservation officer for the benefit, rehabilitation or acquisition of local historic resources.
(2) 
A person who violates this article commits an offense. An offense under this article is a class C misdemeanor punishable as provided in the municipal ordinance of Goliad.
(3) 
An action to enforce the requirements of this article may include injunctive relief and may be joined with enforcement of all applicable city codes.
(4) 
If any building, object, site or structure covered by this subdivision shall have to be demolished as a public safety hazard, no application for a permit for a project on the property may be considered for a period of five (5) years from the date of demolition of the structure provided that the following have occurred prior to an order for demolition:
(A) 
The owner thereof has received two (2) or more notices of building neglect in violation of this and other city ordinances from the historic preservation officer and the director of development services, or their designees;
(B) 
At least two (2) municipal court cases have been filed in an attempt to enforce applicable provisions of the city code.
(C) 
A verified consultation between the owner, historic preservation officer, and the director of development services has occurred.
(D) 
Additionally, no permit for a curb cut needed for the operation of surface parking lot shall be granted by a city office during this period, nor shall a parking lot for vehicles be operated whether for remuneration or not on the site for a period of five (5) years from and after the date of such demolition.
(k) 
Treatment of site following demolition.
Following the demolition or removal of a historic landmark, a building, object or structure found eligible for landmark designation, or a building, object, or structure located in a historic district, the owner or other person having legal custody and control thereof shall (1) remove all traces of previous construction, including foundation, (2) grade, level, sod and seed the lot to prevent erosion and improve drainage, and (3) repair at his own expense any damage to public rights-of-way, including sidewalks, curbs and streets, that may have occurred in the course of removing the building, object, or structure and its appurtenances.
(l) 
Public safety hazards and emergency securing measures.
(1) 
No structure designated a landmark or located within a historic district may be demolished in whole or in part as a hazard to public safety until the historic preservation officer has been notified by the appropriate municipal official that an order for such demolition is being prepared, and the historic preservation officer has had an opportunity to discuss with city officials the feasibility of emergency measures to secure the structure in such a manner as to preclude the possibility of injury to the public.
(2) 
If emergency measures are undertaken, the city historic preservation officer shall meet with the municipal officials wishing to issue the order for demolition to review the condition of the structure and the development of plans for its rehabilitation. If after one (1) month no feasible scheme for the further protection of the structure has been developed, the historic and design review commission shall make a recommendation for an order for demolition. When applicable, a recommendation about the feasibility of rehabilitation shall be made by the historic and design review commission based upon a report from the city historic preservation officer and after consultation with the city attorney’s office.
(m) 
Non-contributing structures.
Requests for determination of whether an object, building, structure or sign are contributing or non-contributing to a historic landmark or historic district shall be made on an application obtained from the historic preservation officer through the office of historic preservation. The historic preservation officer shall review the application for completeness and shall make a determination whether the subject of the application is contributing or non-contributing within thirty (30) days of deeming the application complete. The historic preservation officer shall retain, for such period as required under applicable record retention law, a written statement summarizing the reasons for the determination. The historic preservation officer may, at his or her discretion, present the application to the historic and design review commission for their recommendation.
(n) 
Archaeological sites and cemeteries.
For purposes of this division, the historic preservation officer may consult with the city archaeologist when evaluating or reviewing under any of the sections below.
(1) 
Designated archaeological sites.
(A) 
Designated archaeological sites shall be treated as any other exceptional or significant resource and shall be reviewed by the historic preservation office, in consultation with the city archaeologist and the historic and design review commission.
(B) 
Owners of property containing designated archaeological sites are encouraged to educate the citizens of Goliad regarding archaeological components of the site and shall coordinate any efforts with the office of historic preservation.
(2) 
Inventoried archaeological sites.
Identified archeological sites will be reviewed by the historic preservation officer according to the procedures established in this section. Prior to the start or continuance of any activities that would disturb any previously identified archeological site within the city, including either a designated or inventoried site:
(A) 
A study of the effect of the proposed activity on the site must be performed by a qualified professional archeologist engaged by the party proposing the activity.
(B) 
Upon completion of the study, a written report of the results of the study must be provided to the historic preservation officer, who will have thirty (30) days from date of receipt of the report to issue written comments regarding the effect of the proposed activity on the site.
(C) 
If, in the judgment of the historic preservation officer, the proposed activity will have no effect on the site, the historic preservation officer will issue a written order indicating same and the proposed activity may thenceforth proceed immediately.
(D) 
If, in the judgment of the historic preservation officer, as expressed in written comments on the report, the proposed activity will have an effect or an adverse effect on the site, a treatment plan for the site must be developed by a qualified professional archeologist engaged by the party proposing the activity. If requested by that party, the historic preservation officer may, at the historic preservation officer’s option, collaborate with the archeologist to produce the plan.
(E) 
Upon completion the plan must be submitted in writing to the historic preservation officer and/or the HDRC, and the proposed activity may proceed as soon as a written order of approval of the plan is issued by the historic preservation officer or as soon as the HDRC approves the plan and a certificate of appropriateness indicating approval is issued by the historic preservation officer.
(F) 
Upon completion of a survey, owners of property containing inventoried archaeological sites are encouraged to educate the citizens of San Antonio regarding archaeological components of the site and shall coordinate any efforts with the office of historic preservation.
(Ordinance adopted 10/13/21)