In order to carry out the goals and objectives of the comprehensive plan and the purposes of this chapter, the following districts are hereby created:

(A)

Residential Districts:

(1)

R-1 Residential District;

(2)

R-2 Residential District; and

(3)

R-3 Residential District.

(B)

C-M Commercial-Residential Mixed Use District; and

(C)

Commercial Districts:

(1)

C-1 Light Commercial District;

(2)

C-2 Commercial District; and

(3)

C-3 Special Commercial District.

(Prior Code, § 24-501; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 94-16, § 3, 5-10-1994)

No structure or land in the city shall hereafter be constructed, built, moved, remodeled by expanding the size thereof, reconstructed, used or occupied except in accordance with the requirements of the zoning district in which the structure is located. However, a structure, use or lot lawfully existing at the date of adoption of this chapter may be occupied as a nonconforming use under the procedures and requirements of this chapter.

(Prior Code, § 24-502; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Certain uses, which because of their nature and existing location are not appropriate for categorizing into specific zoning districts, are allowed in various zoning districts by specific use permit. The procedure for approval of a specific use permit includes notice, public hearings and recommendation of the planning and zoning commission, the same basic procedure prescribed for amendments to this code.

(B)

Any use not permitted by this chapter or approved as a specific use amendment under the procedures hereinafter set out is prohibited.

(Prior Code, § 24-503; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Planned development in Residential Districts. A planned development mechanism may be provided for selected residential districts in order to provide greater flexibility and opportunity in the planning and development of residential projects that serve to upgrade and enhance existing residential neighborhoods while responding to current market trends in housing.

(B)

Planned development in Commercial-Residential Mixed Use District. A planned development mechanism is provided in order to provide greater flexibility and opportunity in the planning and development of residential or commercial projects or a combination thereof within a mixed land use environment.

(C)

Planned development in Light Commercial and Commercial Districts. A planned development mechanism is provided in order to provide greater flexibility and opportunity in the planning and development of commercial projects, such as shopping centers, office plazas, permitted retail, service and commercial type uses or a combination of those uses.

(Prior Code, § 24-504; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Authorization. Temporary uses may be authorized by the city council in any zoning district subject to the standards hereinafter established, provided that all temporary uses shall meet the minimum requirements of this code for any type of development within the zoning district in which the use is located and shall, in addition, meet the minimum requirements of this code for the building and maintenance of any structure erected as a temporary use.

(B)

Time limitation. All temporary uses shall be for a period of time not exceeding 30 days from the date of commencement of construction of the temporary use structure or the actual inhabitation or use of the structure for temporary use purposes, whichever is shorter. The time limitation herein imposed may be extended or shortened by action of the city council or the building official, for good cause shown, when it shall appear that extension thereof is in the best interest of the applicant and neither contrary to the purposes and objectives of the comprehensive plan nor injurious to the health, safety and well-being of the residents, citizens and inhabitants of the city.

(C)

Permit required. A permit must be obtained for all temporary uses; the permit shall be issued by the building official of the city. The permit issued shall be entitled "Temporary Use Permit" and shall be for a period of time not exceeding 30 days. The permit shall clearly specify the use intended and any conditions and safeguards imposed by the building official for the protection of the health, safety and well-being of the residents, citizens and inhabitants of the city. The building official shall be authorized to charge a fee for the issuance of a temporary use permit in an amount as shall from time to time be established by the city council. Nothing herein provided shall prevent the city council or the building official from extending the expiration date of any temporary use permit issued hereunder under such terms and conditions as may be prescribed; however, no additional fee shall be charged for extension of the permit if the temporary use thereunder is continuous and uninterrupted.

(D)

Exception for construction. The building official or the city council may issue a temporary permit for construction offices (shacks) and the open storage of building materials upon a construction site so long as the offices (shacks) and open storage meet all other requirements of this code.

(Prior Code, § 24-505; Ord. 85-036, §§ 1, 2, 12-5-1985)

In addition to the requirements as set forth in this chapter, all property proposed for planned development approval or any property requiring subdividing or resubdividing for any purpose within the city, shall be laid out in accordance with chapter 152 of this code, Subdivision Regulations, including but not limited to regulations contained therein for streets, alleys, sidewalks, utilities and drainage.

(Prior Code, § 24-506; Ord. 85-036, §§ 1, 2, 12-5-1985)

Notwithstanding the minimum requirements for residential lot size, structures may be constructed, built, moved, remodeled by expanding the size thereof, reconstructed, occupied or used on a nonconforming lot of record platted prior to the enactment of this chapter, or any amendment hereto, provided that all such structures shall meet all other applicable development and use regulations for the zoning district in which the structure is located.

(Prior Code, § 24-507; Ord. 85-036, §§ 1, 2, 12-5-1985)

No structure or part thereof shall be constructed, built, moved, remodeled by expanding the size thereof, reconstructed, occupied or used in such manner that the maximum height, lot coverage, floor area or floor area ratio exceeds that specified for the zoning district in which the structure or use is located; nor shall a structure or part thereof be constructed, built, remodeled by expanding the size thereof, reconstructed, occupied or used in such manner that yards are provided which are smaller than the required yards in the zoning district in which the structure or use is located.

(Prior Code, § 24-508; Ord. 85-036, §§ 1, 2, 12-5-1985)

No structure or land shall be used for any purpose except as specified herein, except as a nonconforming use lawfully existing at the date of enactment of this chapter.

(Prior Code, § 24-509; Ord. 85-036, §§ 1, 2, 12-5-1985)

Cross reference— Penalty, see § 153.999.

(A)

Authorization. Accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within the district, provided that all accessory structures or uses shall meet the development regulations for the zoning district in which the structure or use is located, in addition to the further requirements of this section.

(B)

Particular prohibited accessory structures and uses. Prohibited accessory structures and uses are:

(1)

Commercial garages, commercial parking lots and commercial parking areas; and

(2)

Kitchen facilities in any residential structure other than the principal structure.

(C)

Accessory structures, location and regulation.

(1)

All detached accessory structures and uses in any residential district shall be located in the rear or side yard of the residential unit, and the same shall be screened from view from any adjacent rights-of-way.

(2)

No accessory structure or use shall exceed the height of the principal structure to which it is accessory.

(3)

All accessory structures and uses shall be subordinate to and supportive of the primary use and structure.

(D)

Accessory parking use, location and regulation.

(1)

Whenever a nonresidential structure shall be constructed in such a manner that the same is located partially within the city and partially within another adjacent city of jurisdiction, only the gross floor area actually located within the city shall be used in calculating the number of required off-street parking spaces for the structure. The minimum number of required off-street parking spaces shall equal the number specified in the regulations hereinafter set out for each zoning district; provided, however, that the total number of spaces shall not exceed one and one-half times the minimum number so specified.

(2)

In Zoning District C-3, Special Commercial District, the parking requirements as herein specified for the district may be satisfied in whole or in part within the city limits of the City of Stafford, Texas. Nothing herein shall permit the construction of any parking lot or parking area without the construction of building or buildings within the City of Meadows Place requiring parking as herein provided.

(E)

Accessory parking use to adjacent commercial development. Notwithstanding any other provision of this code to the contrary, whether contained in this chapter or any other chapter, or any contrary provision of any ordinance whatsoever heretofore previously adopted by the city council of the city, it is hereby specifically provided that the tract of land lying immediately north of Dorrance Lane and immediately west of U.S. Highway 59 shall be permitted to be used as a parking lot in order to provide additional or overflow parking space as an accessory use to the commercial development located on the tract of land lying immediately south of Dorrance Lane and west of U.S. Highway 59, provided that:

(1)

No improvements constructed in conjunction with the accessory parking use, including but not limited to poured concrete or other paving surface, curbing, walkways, storm water detention ponds or related facilities, any lighting fixtures, or any similar improvements, shall be located or constructed upon any portion of the tract of land which lies within 350 feet to the east and the east southeast of any point on the boundary line between the R-1 Residential District on the west and the C-2 Commercial District on the east, except such landscaping as herein required;

(2)

The improvements constructed pursuant to this subsection (E) shall be landscaped and screened in accordance with the provisions of section 153.72; and

(3)

The improvements shall be used and operated in accordance with the performance standard, including but not limited to the standards provided for glare and open storage, as set forth in section 153.70.

(Prior Code, § 24-510; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 87-018, § 1, 7-28-1987; Ord. 88-018, § 1, 5-24-1988; Ord. 94-16, § 3, 5-10-1994)

All uses in any district of the city shall conform in operation, location and construction to the performance standards herein specified for noise, air pollution and particulate matter and other air contaminants, odorous matter, fire and explosive hazard material, toxic and noxious matter, vibration, open storage and glare.

(A)

Noise.

(1)

Environmental sound levels. It shall be a violation of this chapter for any person to operate or permit to be operated any stationary source of sound which creates a unit percentile sound level (L ₁ ) greater than 15 dB(A) above the ambient sound pressure level (L ₉₀ ) as set forth in Table 1 in any residential use zone, or creates a tenth percentile sound level (L ₁₀ ) or a ninetieth percentile sound level (L ₉₀ ) which exceeds the limits set forth in Table 1 for the receiving land use districts when measured at the property boundary. For the purpose of enforcing these provisions, a measurement period shall not be less than ten minutes or more than 30 minutes. When a noise source can be identified and its noise measured in more than one land use category, the limits of the most restrictive use shall apply at the boundary and within the most restrictive land use category.

(2)

Public and private project review. All public and private projects shall be subject to a review process by the building official in order to determine if the projects are likely to cause noise or vibration in violation of this subsection. The building official shall be authorized to make or require any investigations or studies which in his or her opinion are necessary to determine if compliance with this subsection can be achieved. The building official shall also have the authority to require noise attenuation measures in accordance with the findings of the investigations or studies for the purpose of determining compliance with this subsection.

(3)

Exemptions. The following uses and activities shall be exempt from the noise level regulations herein specified:

(a)

Noises not directly under control of the property user;

(b)

Noises emanating from construction and maintenance activities between the hours of 7:00 a.m. and 7:00 p.m. (daylight hours);

(c)

Noises of safety signals, warning devices and emergency pressure relief valves;

(d)

Transient noise of moving sources such as automobiles, trucks, airplanes and trains; and

(e)

Noises of temporary and permanent generators in residential districts shall be governed by section 153.80.

(B)

Control of air pollution from visible emission and particulate matter. No person may cause, suffer, allow or permit any outdoor burning, incineration, visible emissions or particulate matter from any source to exceed allowable rates specified in the Texas Air Quality Control Board Regulation I section 131.03, incorporated herein by reference and filed in the office of the city secretary of the city.

(C)

Odorous matter. No person shall discharge from any source whatsoever one or more air contaminants that produce an odor, in such concentration and of such duration as may tend to be injurious to or to adversely affect human health or welfare. No discharge shall be permitted which exceeds applicable standards set by the Texas Air Quality Control Board.

(D)

Fire and explosive hazardous material.

(1)

No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted in any district, except that chlorates, nitrates, perchlorates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire marshal of the city as not presenting a fire or explosion hazard.

(2)

The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when the storage or use conforms to the standards and regulations of the city.

(E)

Toxic and noxious matter. No operation or use in any district shall emit toxic and noxious matter that is in violation of Texas Air Quality Control Board General Rules (section 131.01), Regulation I and Regulation V (as applicable to Fort Bend County), incorporated herein by reference and filed in the office of the City Secretary of the city.

(F)

Vibration. No operation or use in any district shall at any time create earthborn vibration which, when measured at the bounding property line of the source of operation, exceeds the limit of displacement set forth in the following table in the frequency ranges specified.

(G)

Open storage. No open storage of materials or commodities shall be permitted in any district. No wrecking, junk or salvage yard shall be permitted as a storage use in any district.

(H)

Glare. No use or operation in any district shall be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination or glare, nor shall the light be of an intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.

(Prior Code, § 24-511; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 2010-17, 8-24-2010)

Cross reference— Penalty, see § 153.999.

(A)

(1)

In all residential districts of the city, no fences shall be constructed to a height in excess of eight feet. The fences may be constructed anywhere inside the property lines of a lot zoned residential, except within the front yard space as that term is defined in this chapter.

(2)

In the event that the property building line, as set out on the subdivision plat, shall be closer than the outermost surface of any building to the property line, then it shall be a defense to any action commenced under this section that the fence was not in fact located within the distance between the property building line and the front lot line. Any person who shall plead this defense shall be required to prove the exact measured distance from the property building line to the front lot line.

(B)

In nonresidential zoning districts, fences may be located anywhere on a lot, subject to such conditions and limitations as shall be provided in this code.

(C)

In the event a home or residential structure has a rear property line which abuts and parallels the Dairy Ashford Street right-of-way, the maximum fence size shall be a height not to exceed eight feet, only for the part of the property line abutting and paralleling Dairy Ashford Street.

(Prior Code, § 24-512; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 91-41, § 1, 12-17-1991; Ord. 92-36, 9-22-1992)

(A)

Purpose. The purpose of requirements for landscaping, screening and buffering is to improve the aesthetic appearance and increase the attractiveness of open spaces within the city, including off-street parking, to enhance the compatibility of differing land uses and, in general, to mitigate negative environmental influences of climate on land uses (e.g. heat, noise, air pollution).

(B)

Applicability. Standards described herein are minimum standards applicable to all new planned developments and all new nonresidential structures and related parking that have, as a condition of approval, requirements for landscaping, screening or buffering and to all nonresidential uses and related parking permitted.

(C)

General requirements.

(1)

Installation. All landscaping shall be installed in a sound workmanlike manner according to accepted planting procedures, with the quality of plant materials as hereinafter described and with a readily available water supply. All plant material shall be insect- and disease-resistant and shall be clean and reasonably free of weeds, noxious pests and diseases when installed.

(2)

Maintenance. The owner and tenant of the landscaped premises and their agents, if any, shall be jointly and severally responsible for the maintenance of all landscaping in a good condition so as to present a healthy, neat and orderly appearance, free from refuse and debris.

(D)

Screening and buffering between nonresidential and residential uses.

(1)

Screening wall or fence and buffering between nonresidential and residential uses. Where the rear or service side of a nonresidential building is exposed to a residence or to a residential district boundary line, and where the building is closer than 60 feet to the residence or to the boundary line, a screening wall or fence of at least eight feet and not more than ten feet in height shall be erected separating the rear or service side from the adjacent residence or residential district, unless a planned development has been approved specifically authorizing an alternative solution for screening and/or buffering, which is not in conflict with the purposes of this section and which is justified based upon architectural, aesthetic and landscaping considerations peculiar to the specific development, in which case the requirements of the planned development approval shall prevail.

(a)

1.

A screening wall or fence shall be of wood or masonry construction as provided herein.

2.

A screening wall or fence of wooden construction shall be a permanent wooden fence constructed of cedar or redwood and with capped galvanized iron posts set in concrete and must not be less than eight feet in height, not containing openings of more than 40 square inches in each one square foot of surface of the wall or fence, and the wall or fence surface shall constitute a visual barrier.

3.

A screening wall or fence may be constructed, which shall be of masonry construction on a concrete beam or foundation or a metal frame or base, which supports a permanent type wall material, the surface of which does not contain openings of more than 40 square inches in each one square foot of surface of the wall or fence, and which fence or wall surface shall constitute a visual barrier.

4.

In either permanent wooden or masonry constructed walls or fences, no opening shall be permitted for access unless a solid gate, equaling the height of the wall or fence, is provided. The gate shall remain closed at all times except when in actual use.

(b)

Where a planned development has been approved by the city council, final plans submitted by the applicant for approval by the planning and zoning official shall include a landscaping plan in accordance with the provisions of this section and the provisions for landscaping, screening and buffering in the planned development amendment.

(c)

The provisions of this subsection as to screening and buffering between nonresidential and residential uses may be waived by the city council upon recommendation by the planning and zoning commission in the following cases:

1.

When a property line abuts a dedicated alley; and/or

2.

When a rear or service side abuts an existing wall or other durable landscaping or screening barrier on an abutting property if the existing barrier satisfies the requirements of this subsection.

(2)

Landscape buffering. Where nonresidential uses abut residential uses, a landscaped buffer zone of not less than 12 feet shall be provided continuously along the property line.

(E)

Screening and buffering between higher and lower residential densities. Where a residential use requires a planned development amendment to proceed, there shall be at least a six-foot screening wall or fence between the property that is the subject of the planned development and any abutting residential property that conforms to regulations for permitted uses within the district in which it is located. A planned development may be approved specifically authorizing an alternate solution for screening and/or buffering, which is not in conflict with the purposes of this section and which is justified based upon architectural, aesthetic and landscaping considerations peculiar to the specific development, in which case the requirements of the planned development approval shall prevail.

(1)

A screening wall or fence shall be of wood or masonry construction as provided herein.

(a)

A screening wall or fence of wooden construction shall be a permanent wooden fence constructed of cedar or redwood and with capped galvanized iron posts set in concrete and must not be less than six feet in height, not containing openings or more than 40 square inches in each one square foot of surface of the wall or fence, and the wall or fence surface shall constitute a visual barrier.

(b)

A screening wall or fence may be constructed, which shall be of masonry construction on a concrete beam or foundation or a metal frame or base, which supports a permanent type wall material, the surface of which does not contain openings of more than 40 square inches in each one square foot of surface of the wall or fence, and which fence or wall surface shall constitute a visual barrier.

(c)

In either permanent wooden or masonry constructed walls or fences, no opening shall be permitted for access unless a solid gate, equaling the height of the wall or fence, is provided. The gate shall remain closed at all times except when in actual use.

(2)

Final plans for a planned development district submitted in accordance with this chapter shall include a landscaping plan which conforms to the general provisions of this section and to any additional landscaping requirements imposed as a result of the planned development amendment.

(F)

Screening of outside storage. All outside storage areas, including waste material storage facilities, in planned development and nonresidential districts shall be screened from adjacent residential uses and public street rights-of-way. Screening may be as follows:

(1)

A screening wall or fence, which shall be of wood or masonry construction of sufficient height to screen that which is being stored; or

(2)

A hedge, which shall be of sufficient height and density to screen that which is being stored.

(G)

Landscaping of off-street parking. Landscaping shall be provided when any off-street parking area for five vehicles or more is not visually screened by an intervening building or structure from an abutting public right-of-way or adjacent residential property.

(1)

Interior landscaping. Interior landscaping of parking areas may be included as a condition of planned development approval for the purpose of providing trees and massed plantings.

(2)

Design of required landscaping. Where required, landscaping shall be integrated into the overall design of the surface parking area in accordance with this chapter in such a manner that it may assist in defining parking slots, pedestrian paths, driveways and internal collector lanes, in limiting points of ingress and egress, and in separating parking pavement from street alignments. (For example, see the illustration referenced in subsection (A) of Appendix A to this chapter.)

(a)

Where applicable, landscaped areas and walkways abutting parking spaces shall be protected by a wheel stop or curb that is at least three feet from any landscaping except grass or ground cover.

(b)

All landscaping shall be located so as not to interfere with the act of parking or with parking area maintenance and so as not to create a traffic hazard by obscuring driver or pedestrian vision at the intersections of walkways, driveways, collector lanes and streets, or any combination thereof.

(H)

Landscaping along public rights-of-way.

(1)

A landscaped area 20 feet wide abutting the property line along all public rights-of-way shall be provided in all nonresidential districts. The landscaped area shall contain a berm having a minimum height of three feet and a maximum height of five feet, as measured from curb level. (See the illustration referenced in subsection (B) of Appendix A to this chapter.)

(2)

In Zoning District C-3, Special Commercial District, if the developer/owner chooses not to construct the required berm, the developer/owner shall file with the city a landscaping plan which shall provide for appropriate vegetative planting to be maintained to a height of not greater than five feet and such trees that are deemed appropriate that will not prevent reasonable observation of pedestrians and vehicular traffic.

(I)

Screening of parking areas and parking structures in commercial uses.

(1)

All parking garages or parking structures in commercial use in the city shall be adequately screened to prevent visual observations of any vehicles or equipment used as an instrument of transportation from any abutting public or private property. In addition, sufficient provisions should be made to prevent any noise or odor contamination of the environment as a result of the use of property for parking or storage of vehicles or equipment used as an instrument of transportation. The required screening shall consist of a wall structure or the lattice or other intertwined material constructed in a manner to accomplish the objectives of this code.

(2)

Prior to the issuance of a permit for any parking garages, or parking structures in commercial use in the city, the applicant shall submit to the building official, in addition to the application for building permits or other permits required under this code, a screening plan which shall be in full compliance with the provisions of this subsection and performance standards of section 153.70. The building official may approve the plan if the same is found to be in accordance with the provisions of this subsection.

(Prior Code, § 24-513; Ord. 94-16, § 3, 5-10-1994; Ord. 97-08, § 1, 2-25-1997)

(A)

Purpose. The requirements of this section are intended to reduce congestion of the public streets and to promote the safety and welfare of the public by ensuring the availability of adequate off-street parking and loading facilities in the city.

(B)

Required parking.

(1)

Off-street parking spaces shall be provided for each use in accordance with the requirements of each district.

(2)

When calculating the number of required off-street parking spaces, fractions of less than one-half shall be disregarded, and fractions of one-half or more shall be counted as one space.

(3)

Every building site within any residential district has the option to have a garage as defined in section 153.016. Should a residential garage be converted into space that no longer functions as a garage as defined in this chapter, the external facade of the garage space shall maintain the appearance of a garage to the extent that it is visible from the right-of-way. All new construction, including a complete teardown and rebuild of 100 percent of the residential structure within any residential district must have a garage as defined in section 153.016.

(C)

Location of required parking spaces. Required parking spaces shall be located as follows:

(1)

For single-family detached and single-family attached dwelling units, required parking shall be located on the same lot.

(2)

The city council may determine that it is in the best interest of the applicant and the surrounding property owners to permit the joint use by two or more property owners of parking areas which may be located on the same property as the structure or on contiguous or noncontiguous property. In these cases, the city council may determine that the joint-use parking is appropriate and in the best interest of the applicant, adjoining property owners and the residents, citizens and inhabitants of the city and thereby approve the proposal in accordance with this subsection. All joint-use parking shall be located within 150 feet of any building which it serves, as measured along an established pedestrian route from the nearest point of the parking facility to the nearest point of the use served.

(3)

No open parking space or surfaced area in a residential district shall be located nearer than one and one-half feet to the side lot line.

(D)

Design of required parking spaces.

(1)

Except as provided in subsection (D)(2) or as otherwise specified in the planned development approval, each required parking space shall have the dimensions as hereinafter provided.

(2)

Up to 30 percent of the required parking spaces may be designated for use by compact automobiles, provided that adequate provision should be made for safe ingress to and egress from all parking spaces and parking areas with adequate and safe turning and backing radii. Parking spaces shall be adequately sized for standard and compact automobiles in accordance with plans and specifications on file in the office of the building official or as approved in a planned development amendment.

(3)

All parking areas containing three or more parking spaces shall be constructed in accordance with such requirements as may be promulgated by the building and planning and zoning officials in order to provide for safe and adequate ingress to and egress from the parking area.

(4)

All parking spaces shall have direct access to public streets by way of aisles or driveways of the following minimum dimensions:

(a)

One-way: 12 feet; and

(b)

Two-way: 24 feet.

(5)

All driveways, roadways, open surface parking spaces and points of ingress to and egress from parking spaces shall be constructed in accordance with the city specifications for streets and shall be graded and drained to dispose of surface water accumulation by means of a storm water drainage system.

(6)

Each parking space abutting a wall, walkway, roadway or a landscaped area shall have a wheel stop or curb at least three feet from the wall and any landscaping, except grass or ground cover.

(E)

Change of use. Whenever a use which is in existence on the date of enactment of this chapter is changed or modified so that additional parking spaces are required under this chapter, the new required parking spaces shall comply with the requirements of this section. A nonconformity with the terms and provisions of this section as to insufficient parking spaces may be continued, but the nonconformity shall not be increased as provided for in sections 153.155 through 153.158.

(F)

Required off-street loading spaces.

(1)

Location of required loading spaces. Loading spaces shall be located on the same lot as the building or structure to which they are accessory. No loading space shall be located in a required front yard.

(2)

Designation and use. Each required loading space shall be designated as such and shall only be used for loading purposes.

(3)

Design and maintenance.

(a)

Dimensions. Each space shall be a minimum of 12 feet wide, 45 feet long, with an unobstructed vertical clearance of not less than 14 feet.

(b)

Screening. All loading spaces or maneuvering areas shall be fully screened from view of any residential use by a uniformly colored, solid visual and auditory barrier of not less than five feet nor greater than seven feet in height, or a densely planted landscape screen consisting of evergreen shrubs or trees which shall be at least four feet in height when planted and which can be expected to reach at least six feet in height within three years thereafter. The screening shall extend the full length of any loading facility with openings as required for ingress and egress, with not greater than 20 percent open space within the screen. The screen shall not be located closer than five feet to any lot line.

(c)

Surfacing and drainage. All loading spaces shall be surfaced with an all-weather, durable and dust-free surface and shall be graded and drained to dispose of surface water accumulation by means of a storm water drainage system.

(4)

Number required. One loading space shall be required for the first 100,000 square feet of floor area, and one space shall be required for each additional 200,000 square feet of floor area.

(Prior Code, § 24-514; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 2006-03, 2-28-2006; Ord. No. 2022-31, § 1, 6-28-2022)

(A)

In all residential districts, no vehicle that is inoperative, wrecked, dismantled, partially dismantled or discarded, for a continuous period of more than seven days; no bus; and no recreational vehicle, trailer, boat, motor home, or mobile home shall be parked or stored on any abutting street or within the front yard or side yard, as those terms are defined in this chapter, and shall not anywhere within those districts be used as a dwelling or for business, commercial, or storage purposes. However, temporary parking of any such vehicle shall be permitted in accordance with the terms and provisions of Title VII of this Code of Ordinances.

(B)

Exceptions to § 153.074(A) can be granted with written approval from the chief of police, the traffic engineer, or the mayor.

(C)

In the event that the property building line, as set out on the subdivision plat, shall be closer to the property line than the outermost surface of any building to the property line, then it shall be a defense to any action commenced under this section that the bus, recreational vehicle, trailer, boat, motor home, or mobile home was not in fact located within the distance between the property building line as set out on the subdivision plat and the front lot line. Any person who shall plead this defense shall be required to prove the exact measured distance from the property building line to the front lot line.

(D)

It shall be unlawful for anyone to keep or maintain any automotive or mechanical parts, accessories, pieces or equipment within an open area visible from any other privately owned property or a public street or right-of-way on any property within the city not zoned for commercial use. This provision shall also be applicable to camper bodies, camper shells, parts, accessories or other pieces of equipment used in conjunction with a trailer, boat, motor home or mobile home which may be owned by the property owner and lawfully within the city for a temporary period as provided for by this section.

(Prior Code, § 24-515; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 92-19, § 1, 3-24-1992; Ord. 93-29, § 1, 8-24-1993; Ord. No. 2023-03, § 2, 1-24-2023)

Cross reference— Penalty, see § 153.999.

(A)

It shall be prohibited to park unattended vehicles on the unsurfaced area within the distance between the edge of the curb or edge of the paved surface of a public street abutting a front or side yard and the outermost surface of any structures located on any property. For the purpose of this section unsurfaced area includes but is not limited to those areas covered with grass and/or other vegetation, whether natural, planted or landscaped.

(B)

It shall be an affirmative defense to prosecution under this section that the vehicle was parked on an uncurbed street with two wheels on the same lateral side of the vehicle resting on and parallel to the paved portion of the street and two wheels on the same lateral side of the vehicle resting on and parallel to the unsurfaced area defined in subsection (A) above; provided, however, that the parking in no way impedes the orderly flow of traffic on the street.

(Prior Code, § 24-516; Ord. 85-036, §§ 1, 2, 12-5-1985)

Cross reference— Penalty, see § 153.999.

(A)

Authorization. A home occupation shall be permitted in any residential dwelling unit or accessory structure provided that the home or structure complies with the terms and provisions of this chapter.

(B)

Purpose. The regulations of this section are designed to protect and maintain the residential character of established neighborhoods while recognizing that particular professional and limited business activities are traditionally and inoffensively carried on in the home. All home occupations are subordinate to the primary use of the home as a place of residence and shall not interfere with the enjoyment of surrounding homes as places of residence.

(C)

Limitation on home occupations. Any home occupation is prohibited when:

(1)

The home occupation causes, by reason of its existence, a noticeable increase in the number of motor vehicles traveling to and from the home or on the public streets surrounding or abutting the home; or when

(2)

The home occupation in any destroys or interferes with the primary use of the home as a place of residence.

(D)

Use limitations. In addition to the requirements of the zoning district in which it is located and those requirements herein previously set out, all home occupations shall comply with the following restrictions:

(1)

No stock-in-trade shall be displayed or sold on the premises.

(2)

The home occupation shall be conducted entirely within the principal dwelling unit or accessory structure, or off-premises in accordance with all applicable provisions of this chapter, and in no event shall the use be visible from any other residential structure or public way.

(3)

There shall be no outdoor storage of equipment or material used in the home occupation.

(4)

No more than one vehicle shall be used in the conduct of the home occupation.

(5)

No mechanical, explosive, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.

(6)

No home occupation shall be permitted which is noxious or offensive to a person of ordinary sensitivity or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.

(7)

There shall be no alterations in or about the structure of the home or any of its rooms to facilitate the conduct of the home occupation.

(Prior Code, § 24-517; Ord. 85-036, §§ 1, 2, 12-5-1985)

Notwithstanding the minimum requirements for side yards and rear yards as herein set out, any existing residential structure located within the city, lawfully existing prior to the enactment of this chapter or any amendment hereto, may be expanded or enlarged as long as the expansion or enlargement does not extend into the required side yard or rear yard beyond the outermost surface of the existing building line, and as long as the expansion does not violate the city's Fire Code or any other code, ordinance, rule or regulation of the city.

(Prior Code, § 24-518; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Notwithstanding any other provision of this code, no zoning approval or building permit shall at any time be granted or issued for the construction or development of any area, territory or commercial building which shall be located partially within the city limits and the city limits of another city or the extraterritorial jurisdiction of another city without the issuance of a specific use permit as herein required.

(B)

The city council finds that the location of the city within the southern part of the Houston Metro area and the close and immediate proximity of several other cities to the city limits and the existence of extraterritorial jurisdictions of the several cities adjacent to Meadows Place necessitates the implementation of a specific use permit mechanism to protect the health, safety and well-being of residents, citizens and inhabitants and property interests located within or adjacent to the impacted areas.

(C)

The city is completely surrounded by municipalities and the extraterritorial jurisdiction of other cities; therefore, a unique and special circumstance exists necessitating specific development regulations to ensure that any new commercial structures, development or improvements are appropriately regulated by the several cities involved and the development does not unnecessarily impair the integrity of the infrastructure of this city without significant balancing benefit to the city.

(D)

Any entity seeking to develop or construct improvements partially within the City of Meadows Place and an adjoining city or the extraterritorial jurisdiction of an adjoining city must first obtain a specific use permit under the procedures otherwise set out in this chapter for a specific use permit amendment.

(E)

Upon appropriate application, which shall provide the information and disclosures as herein required, the planning and zoning commission shall hold a public hearing after notice under the procedures of this chapter and shall forward an appropriate recommendation to the city council. Prior to final action, the city council shall cause an appropriate notice to be given and a hearing held in accordance with the procedures for amendments to this chapter. Nothing herein shall prevent the city council from holding a joint hearing with the planning and zoning commission as otherwise permitted in this chapter and permitted by the laws of the state.

(F)

The applicant for a specific use permit for development and/or construction as herein required shall first file with the city an application in writing for the permit which shall provide the following information or any modification thereof which from time to time shall be approved by the city council of the city:

(1)

A general description of the development, the type and/or nature of commercial activity contemplated. The location of improvements with careful delineation of the part or portions of the development, construction or improvements located in the city and in the adjoining municipality or extraterritorial jurisdiction of a municipality;

(2)

A statement as to whether or not the proposed appropriate official of the development and/or construction complies with the codes and regulations of the adjoining city. The applicant shall either provide a letter from the adjoining city or an opinion of the applicant's legal counsel that the development fully complies with the codes and regulations of the adjoining city;

(3)

A map of the proposed traffic circulation including points of ingress and/or egress of all vehicles including delivery trucks, automobiles and other vehicles. Specific attention shall be given to location of possible points of congestion with specific reference to proposed traffic control devices including signage and needed traffic signalization;

(4)

The location and path for all pedestrian access including those areas that are to be set aside, reserved and designated for that access;

(5)

The location of any parts or phases of the development and/or construction that might be deemed hazardous or considered hazardous if adjacent to residential development. The term hazardous shall relate to hazardous conditions that are from time to time defined or provided for in both state or federal law, but shall in addition include noise, light emissions or other conditions that may be deemed offensive to persons residing in residential structures close to or adjacent to the proposed development or construction;

(6)

The application shall identify any potential economic loss or damage to the city that may or is likely to occur if the development and/or construction is completed in accord with the proposed plans as presented. The applicant shall prepare an economic comparison and shall assume that a similarly sized self-contained development would be located totally within the city and prepare comparative economic projections relating to ad valorem taxes to be paid to the city, sales taxes to be collected by the city, assuming the point of sale for anticipated sales is located in the city and alternatively outside of the city. The required projections shall also identify all benefits and/or projected costs to the city, including any other municipal costs, expenses, income, fees or benefits both tangible and intangible from a structure of a size similar to the number of square feet proposed to be located in the city versus the proposed development located partially within the city; and

(7)

Any other factors or conditions that may be present or may result upon the completion of the development, construction or improvements which might tend to impact or affect the health, safety and well-being of residents, citizens and inhabitants of the city. Information must be provided relating to these conditions or circumstances regardless of the point of origin, i.e., within or outside the city.

(G)

Upon appropriate hearings and recommendation of the planning and zoning commission, the city council may grant the applicant a specific use permit which shall constitute an amendment to this code if the city council finds and determines that the proposed development, construction and improvements, when completed, do not negatively impact the health, safety and well-being of the residents, citizens and inhabitants of the city.

(H)

In making this determination, the city council and the planning and zoning commission, prior to recommendation, shall compare the proposed development with a hypothetical development of a similar size to the number of square feet and area of the total proposed development that is proposed to be located within the city.

(I)

The city council shall consider the impact of the proposed development on other adjacent or nearby commercial developments, construction and/or improvements located within the city limits of the City of Meadows Place and shall, as a part of the specific use amendment, provide such conditions to ensure the integrity of present and/or likely future municipal infrastructural needs and maintenance as well as commercial development, construction and improvements that are or may be located within the municipal limits of the city.

(J)

The city council shall be further authorized in granting a specific use permit, a specific use amendment to this code, to impose such conditions and limitations as shall be necessary to insure the health, safety and well-being of the residents, citizens and inhabitants of the city. In addition, the actions by the city council shall insure the continued integrity of the infrastructure and infrastructural needs of the city without any unreasonable impact as a result of a development or structure that is proposed to be located within the boundaries of the city and another city or the extraterritorial jurisdiction of another city.

(Prior Code, § 24-520; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 99-12, 4-27-1999)

(A)

It shall be unlawful for any person to keep, maintain or operate within any window or window opening, including holes or openings cut in walls, electrical mechanical devices of any kind that can be viewed from the street.

(B)

Electrical mechanical devices shall mean any device that requires energy of any type for operation and contains either motors, gears, belts, fans, moving parts or apparatus or any combination thereof, including parts or devices that are manufactured or built with the intention of running or producing energy, heating or cooling.

(Ord. 2005-05, 1-25-2005)

Cross reference— Penalty, see § 153.999.

(A)

Temporary generators. Temporary generators may be used during an emergency as defined in this chapter or for maintenance and repair which such maintenance and repair shall not last longer than two hours in any given month. Temporary generators may be used under the following conditions:

(1)

Location. Temporary generators may be used in R-1, R-2, and R-3 Residential Districts when such generator is used to provide power to either a single-family attached or detached dwelling.

(2)

Use. Temporary generators shall be used in accordance with the manufacture's instructions. Persons with life threatening medical conditions are exempt from the three-hour timeframe set forth in the definition of emergency and may use a temporary generator immediately upon any electrical interruption.

(3)

Noise. Temporary generators shall be used and located in a way to minimize the noise emitted from the generators and to not annoy, disturb, injure or endanger the comfort, repose, health, peace, safety, or welfare of others within the limits of the city.

(B)

Permanent generators. Permanent generators may be installed and used under the following conditions:

(1)

Location. Permanent generators may be installed and used in R-1, R-2, and R-3 Residential Districts when such generator is used to provide power to either a single-family attached or detached dwelling. Permanent generators shall not be placed in a location that is visible from any public right-of-way, public place, or private property of another person. Permanent generators must be installed at least two feet from any building line and at least three feet from any property line.

(2)

Use. Permanent generators shall be used in accordance with the manufacture's instructions.

(3)

Permit and inspection. A permit shall be applied for and granted by the city before installation and use of a permanent generator. City staff will inspect the proposed location of the permanent generator to determine if all the terms of this chapter and the city code are met. Permit applicants shall pay a fee for such permit and inspection as set forth in a resolution adopted by city council. As part of the permit approval process, applicants shall provide an approval letter for such installation and use of a permanent generator from the electric company.

(4)

Accessory structures. Permanent generators also shall comply with the general regulations of accessory structures found in section 153.69 and any specific regulations related to either a single-family attached or detached dwelling found in sections 153.90 through 153.92. In case of any conflict between sections 153.90 through 153.92 with this section, the most stringent regulations shall control.

(5)

Noise. Permanent generators shall not emit noise at greater than 75 decibels as measured from the permit applicant's property line.

(Ord. 2010-17, 8-24-2010)

(A)

Spacing. Notwithstanding any other provisions of this chapter, no smoking paraphernalia establishment shall be established, operated, or maintained within 1,000 feet of any of the following uses:

(1)

Property which is temporarily or permanently zoned residential;

(2)

Churches;

(3)

Hospitals;

(4)

Community centers;

(5)

Museums;

(6)

Parks;

(7)

Schools.

(B)

Measurement of spacing. The measurement of the distance between the place of business where the smoking paraphernalia establishment is located and the used in subsection (A) of this section shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.

(Ord. 2012-11, 5-22-2012)

Cross reference— Penalty, see § 153.999.