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Goliad City Zoning Code

Division 5

General Regulations

§ 14.02.201 General regulations.

(a) 
Lot area shall be not less than seven thousand five [hundred] (7,500) square feet for each dwelling or dwelling group having three (3) dwelling units and not less than one thousand (1,000) square feet of lot area, in addition, for each additional dwelling unit over three (3) in number. A maximum of sixteen (16) units may be constructed per acre.
(b) 
Minimum building size shall be for one (1) bedroom unit - six hundred fifty (650) square feet; two (2) bedrooms - seven hundred eighty (780) square feet; three (3) bedrooms - nine hundred thirty (930) square feet.
(c) 
Nonresidential construction minimum building size and height shall be five hundred (500) square feet and not more than 30 feet in height.
(d) 
Masonry requirements shall mean any material authorized by the building code approved by the city[.]
(e) 
The schedule of district regulations not withstanding, the exterior of additions and/or modifications to existing non-masonry single-family residential structures and accessory buildings to such structures may consist of materials consistent with the exterior of the existing structure[.]
(Ordinance adopted 10/13/21)

§ 14.02.202 Supplementary district regulations.

(a) 
Accessory, building.
The following regulations shall govern the location, size, and use of any accessory buildings:
(1) 
No accessory building shall be erected in any required yard area as stipulated in this article, except as allowed in the following subsections.
(2) 
No accessory building shall be erected within ten (10) feet of any other building, except detached residential garages may be located within five (5) feet of the main dwelling, and except as the provisions of subsection (5) below are met.
(3) 
No detached residential garage or carport shall be erected or placed closer to any street, alley, or right-of-way line than the minimum yard requirements (building setback line) governing the district in which such garage or carport is located.
(4) 
No detached residential garage or carport shall be erected or placed within eight (8) feet from any side lot line.
(5) 
Residential accessory buildings and sheds housing domestic lawn and garden equipment and all other household effects may be detached or attached to the main building, but shall not encroach in any required front yard, and may not occupy more than thirty (30) percent of the rear yard.
(6) 
No accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises, as provided in the applicable zoning district.
(7) 
No accessory building shall be higher than the main building and in no case be in excess of eighteen (18) feet in height.
(8) 
No accessory building shall be erected or placed within three (3) feet of any side or rear lot line and shall not encroach upon any easement.
(b) 
Projections of building, structures, and appurtenances into required yards.
(1) 
Open or lattice-enclosed fire escapes may project into a required yard not to exceed five (5) feet. The ordinary projections of chimney’s pilasters shall be permitted by the city’s building official when placed so as not to obstruct light and ventilation.
(2) 
Terraces, balconies, decks, uncovered porches and ornamental features, which do not extend more than four (4) feet from the side wall line and being at least seven (7) feet above the floor level of the ground (first) story, may project into a required side yard, provided these projections be a distance at least four (4) feet from any adjacent side lot line. Such features may not project onto a required front or rear yard more than eight (8) feet from the front or rear wall line.
(3) 
An unenclosed porch containing not more than forty (40) square feet may project into a required front yard for a distance not to exceed five (5) feet.
(4) 
A carport or canopy may project into a required side yard, provided every part of such carport or canopy is unenclosed, except for necessary structural supports, and not less than five (5) feet from any side lot line.
(c) 
Parking, storage or use of major recreational equipment and vehicles.
(1) 
No major recreational equipment shall be parked or stored on any lot in a residential district, except in a carport or enclosed building, on a driveway, or in a required side or rear yard, except that such equipment may be parked anywhere on a residential premises not to exceed twenty-four (24) hours during loading or unloading.
(2) 
No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, except for the temporary housing of guests not to exceed two (2) consecutive weeks.
(3) 
For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers, or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
(Ordinance adopted 10/13/21)

§ 14.02.203 Parking space regulations.

(a) 
Automobile parking place regulations.
Whenever any ordinance, regulation, or plan enacted or adopted by the city council is for the purpose of providing off-street automobile parking spaces or of establishing requirements that such spaces be provided within any section or sections of the city, then such plan or requirements shall govern within such sections. Otherwise off-street automobile parking spaces shall be provided as follows, applicable to buildings hereafter erected and uses hereafter established, to such nonconforming uses as may be required to conform to the regulations hereof, and to extensions and enlargements of buildings and uses.
(1) 
Except as otherwise provided in this section, off-street parking spaces shall be provided as follows:
Use of Building or Site
Minimum Number of Parking Spaces Required
Residential
 
Single-family
2.0 per dwelling unit
Two-family
2.0 per dwelling unit
Multifamily
2.5 per dwelling unit
Efficiency and one bedroom
1.5 per dwelling unit
Two or more bedrooms
2.0 per dwelling unit
Commercial
 
Offices and banks
3.3 per 1,000 square feet gross floor area
Clinics and doctors’ offices
5.0 per 1,000 square feet gross floor area
General retail
4.0 per 1,000 square feet gross floor area
Shopping centers
5.5 per 1,000 square feet gross floor area
Carwash
0.3 per employee, plus 1.0 for owner or manager, plus reservoir parking as provided below
Restaurants
0.3 per seat
Hotels, motels
1.25 per rentable room plus 0.5 per employee on any one shift
Halls for meeting, dancing, social events
5.0 per 1,000 square feet gross floor area
Entertainment
 
Bowling alleys, pool halls
5.0 per 1,000 square feet gross floor area
Industrial
0.8 per employee on any one shift
Auditoriums and theaters
0.3 per seat
Churches (sanctuary)
1.0 per four seats
Churches (additional space)
1.0 per 1,000 square feet
Elementary and junior high schools
1.0 per staff members
Hospitals
1.2 per bed plus 1.0 per three staff members on any one shift
Nursing homes
1.0 per five beds plus 1.0 per two staff members on any one shift
Wholesale storage and jobbing
1.0 per employee, plus 1.0 per business vehicle parked on premises, plus 2.0 for visitor or customer parking
(2) 
Off-street reservoir parking shall be provided for an automatically operated carwash equal to three (3) times the maximum capacity of the carwash, and for a manually operated carwash equal to six (6) times the maximum capacity of the carwash, for automobiles awaiting entrance. “Maximum capacity” shall mean the greatest number of automobiles undergoing some phase of washing at the same time. The required yard setbacks for any building shall not be included in calculating the minimum space requirements for off-street parking.
(3) 
Where a building or a site contains two (2) or more uses, the off-street parking requirement shall be computed as the sum of the required off-street parking spaces for each individual use.
(4) 
Each business, commercial, manufacturing or industrial use having deliveries made by truck more than once a day between the hours of 8:00 a.m. and 6:00 p.m., or where the time offloading and unloading materials or goods exceeds ten (10) minutes between those hours, shall provide off-street truck loading space on the lot, such space to be not less than thirty-five (35) feet in length, twelve (12) feet in width, and fifteen (15) feet in height.
(5) 
For the purpose of this subsection, one (1) parking stall shall be not less than one hundred seventy-five (175) square feet in area, together with whatever area is required for means of ingress and egress thereto, except that in the case where attendants perform the act of parking in defined and adequate stalls then each such stall shall be considered a parking stall as required herein.
(6) 
A driveway for access to any single parking space or to a parking lot shall be not less than eleven (11) feet in width nor more than thirty (30) feet in width at the property line along the street and shall be so located as to minimize traffic hazard and congestion.
(7) 
All required parking stalls shall be located on the premises to which such requirement applies or within an off-street space distance not more than five hundred (500) feet from such premises, provided that such stalls as are required for employees and proprietors of any premises may be located within an off-street space distance not more than one thousand (1,000) feet from such premises, except as otherwise provided in this subsection or other subsections of this article.
(8) 
Provision of parking stalls shared jointly by several persons in the same block or in the same vicinity is permissible, in which case the number of stalls required shall be the sum total of the individual requirements, provided that, where it is found by the board of adjustments, upon application thereto, that the parking demand generated by the different uses included in any joint arrangement to provide parking stalls required herein occurs at distinctly different times, as in the case of a theater generating demand for parking during such daytime hours, and in similar cases, the board of adjustments may reduce the total of number of parking stalls to be jointly provided.
(9) 
All parking spaces required for any use and provided in compliance with the provisions of this subsection on the same lot or plot as that occupied by such use shall be considered to be required spaces for the use or uses to which appurtenant and shall not be reduced or encroached upon in any manner.
(10) 
The surface of parking stalls and aisles, truck standing spaces, and access driveways therefor shall be treated, prepared and maintained for adequate drainage and the elimination of dust, dirt, and mud, according to city specifications.
(11) 
In a case where existing off-street parking facilities have unused parking capacity, and where such facilities are open to the use of the public free of charge or at reasonable rates, the board of adjustments may reduce the parking space requirements for any use distance not more than eight hundred (800) feet from such facility or facilities, provided that the total number of stalls in such reduction shall be not greater than the total number of stalls of unused capacity.
(12) 
In a case where any public or private off-street parking facility, to be open to the use of the public free of charge or at a reasonable rates, is planned or is in process of development, and where the board of adjustments has reasonable assurance that such development will be carried to completion and will, when completed, relieve the parking demand in an area within five hundred (500) feet thereof in some measure or in full measure, the board of adjustments may establish a reasonable time period within which any use or uses within such area shall provide required space for parking stalls. Upon completion of all or a portion of such development, the provision of subsection (10) above may be applied by the board.
(13) 
In a case where the customary mode of transportation of majority of the patrons, employees, and proprietors of any use, to and from the area in which such use is located, is other than by private automobile, the board may reduce by an amount not to exceed fifty (50) percent the space required for parking stalls for such use.
(14) 
In a case where it is clearly shown by the applicant, to the satisfaction of the board, that the provision of the amount of space required herein for parking stalls, due to the particular nature of the proposed use or other condition, would be an unnecessary hardship, the board may reduce such requirement.
(b) 
Residential off-street parking.
(1) 
Purpose.
It is recognized that uncontrolled residential off-street parking, specifically in residential front yards, is a public nuisance. The purpose of this subsection is to provide for the regulation of residential off-street parking and to specify the requirements for residential off-street parking as they pertain to the appearance and the health, safety, and welfare of the city.
(2) 
Definitions and restrictions.
It shall be illegal for any person to park, or to allow to be parked on any property under his control, any automobile, bus, truck, motorcycle, motor home, camper, trailer, boat or any vehicle on any portion of a front yard or side yard of any area which is zoned MH, R-1, R-3, or R6 under this article unless:
(A) 
Said area is a part of a hard-surfaced driveway or parking area;
(B) 
Said area is a part of a gravel driveway bordered by cement curbing or similar permanent border.
(C) 
Said area is a part of a required driveway that provides access to a garage, carport or off-street parking area required by this article;
(D) 
Said area is part of a side yard which is enclosed by a screening fence at least six (6) feet in height and so constructed that no person can see through into the area surrounded by the fence;
(E) 
The term “vehicle” as used herein shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved exclusively by human power. The term “hard-surfaced” as used herein shall include cement, asphalt, brick and other commonly accepted pavement that may be approved by the building official.
(F) 
A single-width driveway running from the street access to a garage or other parking area shall not utilize more than fifteen (15) percent of any residential front yard, except for front yards with a front footage width of less than seventy (70) feet, in which case the maximum width for a single driveway shall be eleven (11) feet;
(G) 
A double-width driveway running from the street access to a garage or other parking area shall not utilize more than twenty-seven (27) percent of any residential front yard, provided that the maximum width of a driveway shall not exceed twenty-four (24) feet in any case and shall not exceed eighteen (18) feet for front yards with a front footage width of less than seventy (70) feet;
(H) 
A triple-width driveway running from the street to a garage or other parking area shall not utilize more than thirty-three (33) percent of any residential front yard, provided that the maximum width of a driveway shall not exceed thirty (30) feet in any case, and shall not be permitted for front yards with a front footage width of less than eighty (80) feet, A drive apron means the connection between a driveway and the traveled portion of a street, in the public right-of-way, including any sidewalk area abutting thereon; or circular driveways used for turnarounds or through traffic hall not utilize more than thirty (30) percent of any residential front yards or corner side yards with a front footage or less than eighty (80) feet.
(I) 
Any change of designated zoning use shall require a variance request.
(Ordinance adopted 10/13/21)

§ 14.02.204 Residential lot and dimension table.

Editor’s note–The section that follows is exactly as adopted by the city.
* Exception allowed for pre-existing lots of record.
** See regulations for location standards. Auxiliary building not allowed on RI designations. No auxiliary buildings allowed on R1 designations.
*** See the lot and building dimensions of Table for minimum setback standards on specific street classifications.
**** Subdivision recreation facilities provided for the primary use of the subdivision’s residents and located on property with a single-family zoning category shall be exempt from the front setbacks of the lot and building dimensions Table.
Rules for Interpretation of the lot and building dimensions of Table[.]
Generally. The requirements for the parameters set forth in columns (B) through (N), above, relate to the zoning district specified in the row under column (A), above. A dash (-) indicates that the requirement does not apply within the particular zoning district. Except for column (B), (C), (D), (M), and (N) or otherwise notated the dimensions specified in columns (B) through (N) are expressed in linear feet. The dimensions specified in columns (B), (C), (D), (M), and (N) are expressed in square feet or acres unless otherwise provided. Rules of interpretation and additional standards for setback and height requirements are set forth in the lot layout, height and density/intensity standards (sections [sic]
Column (B) and (C): Minimum lot size column (B) and maximum lot size column (C) applies only to Conventional Option, single-family detached developments. The minimum lot size figures are expressed in square feet, unless otherwise indicated. Additional rules of interpretation are set forth in subsection (d) of this section for minimum lot area.
Column (D): The maximum density requirements (column (D)) are expressed in dwelling units per gross acre.
Column (E): Frontage is defined as the distance where a property line is common with a street right-of-way line.
Column (F): Minimum lot width is defined as the width of the lot at the front setback line. For irregular shaped lots, lot width shall be measured at the front building line rather than the front setback line.
Column (G): Maximum lot widths apply only to detached single-family residential development.
Column (J): The side setback requirements in the “R-3,” “R-5” and “R-6” districts may be reduced by variance request.
Column (K): Rear setback requirements shall not apply to any use in the “ C-1,” “C-zoning districts which abuts an alley or another structure within any of these districts. zoning district adjoining a platted subdivision zoned single-family residential use shall have a minimum rear setback of forty (40) feet, and parking areas shall be located at least five (5) feet from any fence along the rear property line.
Column (L): Height. The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof. All dimensions are in feet, provided however the first number refers to feet and the second number refers to stories. A “story” is that part of a building between the surface of a floor and the ceiling immediately above. Height is restricted when adjacent to a single-family residential use.
Column (M): Dimensions are in square footage. Additional square footage may be available if a specific use authorization is approved, in accordance with these provisions.
Column (N): The aggregate square footage refers only to nonresidential square footage. Where residential uses are permitted, (1) the square footage of nonresidential uses within the contiguous boundaries of the district may not exceed the aggregate square footage, and (2) the aggregate square footage may be exceeded where the square footage exceeding the maximum aggregate square footage is devoted to residential uses.
Note (1) Reserved
Note (2) - columns (J) and (K): Applies only to the setback area measured from a lot line which abuts a residential use or residential zoning district. The side or rear setback shall be eliminated where the use does not abut a residential use or residential zoning district or the two districts are separated by a public right-of-way. The indicated setback would not apply if the subject property adjoins a residentially zoned property (single-family or multifamily) which is occupied by an existing nonresidential use such as a public or private use school, church, park and/or golf course.
Note (3) - Public and parochial school facilities and religious institutions whose primary activity is worship shall be exempt from the mandatory maximum front setback provision.
Note (4) - Single-family lot development within an “MF” multifamily zoning district shall meet the minimum lot requirements for an “R-3” zoning district.
Note (5) - Maximum front setback for commercial uses shall not apply to flag lots or properties with primary frontage on express ways and parkways.
Note (6) - For a lot with one hundred (100) feet or more of frontage along a public or private street the maximum front setback of twenty (20) feet in “MF-may be extended to ninety (90) feet provided that no parking or drives other than egress/ingress drives shall be located within twenty (20) feet of the front property line. For a lot with less than fifty (50) feet of frontage on a public street the front setback shall be at least twenty (20) feet and shall be measured from the point at which the lot first becomes wider than fifty (50) feet in width.
Note (7) - Reserved
Note (8) - When multifamily units (apartments) are developed in a non-multifamily zoning district as stand alone apartments the buildings and lot shall conform to the standards of development (setback, yards, buffer, landscaping, etc.) for one of the following “MF zoning districts. The specific district shall be determined by the density to which the apartments are being developed.
Note (9) - Site planning and architectural criteria for the “CBD” Downtown Zoning District shall be approved by The Main Street commission.
Note (10)- Buildings shall contain ground level fenestration (transparent windows and openings at street level) of not less than 30%. Parking areas for new buildings or structures shall be located behind the front façade of the principal use or principal building. For “C-1,” parking shall be located behind the front facade of the principal use or principal building, provided that up to two (2) rows of parking may be located to the front of the principal use or principal building.
Note (11) - The maximum height of any portion of a commercial, office or multifamily zoning district located within fifty (50) linear feet of the property line of an established single-family residential use shall be limited to the maximum height of the single-family district. The height limit shall not apply where an abutting property is zoned single-family residential but not used for residential purposes, such as a church, school, park, or golf course, except the height limit shall apply to properties abutting a vacant property. The measurement of fifty (50) feet shall occur from the property line of the residential use to the structure in the zoning district subject to this subsection. MF shall be limited to thirty-five (25) feet and two and one-half (21/2) stories where abutting single-family residential uses.
For example, where a C-1 zoned property abuts single-family property with R-5 zoning, the C-1 property shall have a building height limited to thirty-five (25) feet or one and one-half (1-1/2) stories for that portion of the property within fifty (50) feet of the property line with the R-5 district.
Note (12) - Multifamily construction on lots one-third (1/3) of an acre in size or smaller, and zoned MF, shall comply with the following: If a single-family use exists on an abutting lot which shares a side lot line, the minimum front setback shall be equal to the minimum front setback of the abutting lot. This setback shall not apply where a property is zoned single-family residential but not used for residential purposes, such as a church, school, park or golf course.
For example, consider a new multifamily development is proposed on a qualifying MF-33 zoned property between a single-family use equivalent to R-3 or zoned as R-3, and another lot zoned MF that is non-single-family use. The minimum front setback for the MF lot would be ten (10) feet, equivalent to the R-3 minimum setback.
Note (13) - Construction of two (2) to four (4) units on lots one-third (?) of an acre in size or smaller, shall have a front entry oriented to the primary street in which the lot is addressed on. A front walkway from the door shall also be provided. These provisions shall only apply to the primary structure that abuts the primary street.
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Unless expressly permitted as an accessory use, a use permitted in the R3, R5 or R6 districts must occur within a completely enclosed structure.
An application approval of a subdivision plat within the incorporated areas of the city must comply with the lot and building dimensions of Table attached below, where the proposed subdivision abuts an existing subdivision which was recorded and substantially developed as of the effective date of this chapter (hereinafter the “existing subdivision”). The lots abutting the existing subdivision (“buffer lots”) must comply with the lot and building dimensions of Table for the MF zoning district and be at least one hundred (100) feet in depth (as measured from front lot line to the rear lot line) and comply with the minimum area requirements identified in the lot and building dimensions of Table Open space and passive recreation areas may be allowed on such required buffer lots provided, however, that no vehicular parking areas, driveways, or structures associated with such passive recreation shall be located within fifty (50) feet of the perimeter of the existing subdivision. No private or public street or ingress/egress easement shall be allowed or constructed within one hundred (100) feet of the perimeter of the existing subdivision.
(Ordinance adopted 10/13/21)