These zoning regulations and districts have been established in accordance with the City of Morgan's Point 2011 Comprehensive Plan for the purpose of promoting health, safety, morals, and the general welfare of the residents of the city. They have been designed to lessen congestion in the streets, to secure safety from fire and panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and public facilities. They have been adopted with reasonable consideration, among other things, for the character of the city, the peculiar suitability of various areas of land within the city for particular uses, and with a view of conserving the value of properties and encouraging the most appropriate use of land throughout the city.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

It is the policy of the council that the enforcement, amendment, and administration of this chapter be accomplished with due consideration of the recommendations contained in the comprehensive plan as developed and amended by commission and council. All zoning decisions shall be made in conformance with the comprehensive plan.

This chapter is cumulative of all other city regulations.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

This chapter shall not be interpreted to repeal, abrogate, annul or in any way impair or interfere with any existing provision of other laws or ordinances, except as the same may be specifically repealed by the terms of this chapter, or with private restrictions placed upon property by covenant, deed easement, or other private agreement. The standards of this chapter shall determine actions by city officials, and the city shall not enforce such private covenants or agreements.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

The provisions of this chapter shall be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)

Words or phrases not defined in this section shall have their ordinarily accepted meaning as the context may imply. The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context indicates a different meaning:

Abutting means having property or district lines in common, or two objects in immediate contact.

Access means of approaching or entering a property, includes a right of passage to and from an adjacent street.

Accessory building or structure means a building or structure that serves a use customarily incidental to and located on the same lot or adjacent property under common ownership as that occupied by the principal building. Common accessory buildings or structures include garages and carports, tool houses, greenhouses, home workshops, children's playhouses, storage houses, and garden shelters.

Accessory living space or garage apartment means a secondary living unit with provisions for sleeping, cooking and sanitation included within the primary residence, or within an accessory structure. An accessory living unit shall be limited to one per primary use, and is not intended to create a multi-family dwelling.

Accessory use means a use that is subordinate to and serves a principal use; is subordinate in area, extent and purpose to the principal use served; contributes to the comfort, convenience or necessity of occupants of the principal use served; and is located on the same lot and in the same district as the principal use.

Adult oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult tanning salon, adult theater, escort agency, nude modeling studio, sexual encounter center, or other commercial enterprise, the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

Alley means a public way which, when at least 20 feet in width, may be used for vehicular service access to the back or side of properties otherwise abutting on a street or highway unless such access is prohibited by this chapter.

Block means a tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad right-of-way, airport boundaries, or corporate boundary lines.

Block face means a side of a block facing upon a street, within which lots face the abutting street.

Board means the zoning board of adjustment established to hear certain matters under this chapter by chapter 2 of the Code of Ordinances of the City of Morgan's Point.

Buffer means a land use, the purpose of which is to separate in form and function two adjacent and incompatible land uses, as specified in the comprehensive plan of the City of Morgan's Point.

Build means to erect, convert, enlarge, reconstruct, or alter a building or structure.

Buildable area means the area of the building site left to be built upon after the required yard area has been provided.

Building means any structure built for the support, shelter, or enclosure of persons, chattels or property of any kind and which is affixed to the land.

Building code means all regulations governing structures in the city as adopted from time to time by the council, including but not limited to building codes, electrical code, plumbing code, property maintenance code, and fire safety code.

Building, detached means a building entirely surrounded by yards or open space on the same building lot.

Building lot is a single tract of land located within a single block that at the time of filing for a building permit, is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a public street or approved place.

Building official means the person designated by the council of the City of Morgan's Point to enforce the city codes and ordinances.

Building, principal is a building in which the primary use of the building lot is conducted.

Building permit means a written instrument signed by the building official authorizing described construction on a particular lot.

Building, residential is a building that is arranged, designed, used or is intended to be used for residential occupancy by a single family.

Carport means a roofed structure that is properly maintained and in compliance with all city codes, located over a driveway, with no enclosing walls on more than one side, freestanding or attached to another structure designed to provide covered parking for vehicles.

City means the City of Morgan's Point, Texas.

City administrator means the individual serving in that position or his designee.

Commercial motor vehicle means any motor vehicle designed or used for the transportation of persons or property for hire, with a rated carrying capacity in excess of one ton, including every vehicle used for delivery purposes.

Commission means the City of Morgan's Point Commission, established to hear certain matters under this chapter, by chapter 2 of the Code of Ordinances of the City of Morgan's Point.

Common property means a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites.

Corner lot means a lot abutting upon two or more existing or proposed street rights-of-way at their intersections.

Council means the governing body of the City of Morgan's Point, Texas.

Curb means a restraint located upon the edge of a parking lot, not necessarily continuous, that restrains automobiles or other vehicles from access to an adjoining street, sidewalk, alleyway, adjacent property, or other adjoining use.

Density means the measure of a degree to which land is filled with units designed to accommodate a particular use as such use is set forth in this chapter. Measurements allow inclusion of internal streets and public ways required to be dedicated in calculating density per acre. Streets dedicated, improved and accepted prior to platting or the property shall not be counted.

Developed site area means that area which is being developed as per definition by the subdivision ordinance.

Director means that person holding the position of director of the planning department for the city or his designated representative.

District means a zoning district that is a part of the city wherein regulations of this chapter are uniform.

Dwelling means a building or portion thereof, other than a manufactured home or recreational vehicle, designed and used exclusively for residential occupancy, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels, motels or lodging houses. Dwelling is further defined as follows:

Dwelling, attached means a dwelling that is joined to another dwelling at one or more sides by a party wall or walls, and is designed for occupancy by more than one family.

Dwelling, detached means a dwelling that is entirely surrounded by open space on the same building lot, and is designed for occupancy by a single family.

Dwelling, duplex means a building built for, occupied by, or intended for the occupancy of two families, and containing two dwelling units.

Dwelling, multifamily means a residential building designed for occupancy of three or more families, with the number of families not to exceed the number of dwelling units.

Dwelling, single-family means a residential building, other than manufactured, industrial or modular housing as well as recreational vehicles and travel trailers designed for occupancy for one family only.

Dwelling, townhouse means one of a group of no less than three or more than 12 attached dwelling units constructed in a series or group of attached units with property lines separating such units.

Dwelling unit means a single unit providing complete, independent living facilities for one or more person including permanent provisions for living, sleeping, eating, cooking and sanitation.

Enforcement officer means an enforcement employee of the city charged with the enforcement of non-criminal bylaws, rules, laws, codes or regulations enacted by the city.

Family means any number of related persons or, not more than four unrelated persons living as a single housekeeping unit.

Fence means a manmade structural barrier erected on or around a piece of property or any portion thereof.

Floor area means the sum total area of all floors as calculated from measurements to the outside walls.

Garage means an accessory building, designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is an accessory.

Glare means emitted light that exceeds 60 foot-candles.

Grade means a referenced plane representing the average of finished ground level adjoining the building and all exterior walls.

Height of building means the vertical distance from developed grade to the highest finished roof surface in the case of flat roofs, or to a point at the average height of roofs having a pitch of more than 2.5/12.

Home occupation means an occupation, customarily carried on in a single-family dwelling as an incidental but not the principal use thereof by a member of the occupant's family residing on the premises, without employees; without structural alterations in the building or any of its rooms; without the installation of any machinery or equipment other than that customary to normal household operations. It shall not include the care of children not belonging to the family, a beauty school, parlor or shop, a doctor's or dentist's office for the treatment of patients, a barbershop, carpenter's shop, electrician's shop, plumber's shop, mechanical or auto repair services, auto painting, furniture repairing, or other similar businesses. A home occupation shall not be detrimental or injurious to adjoining properties.

Homeowners association means an incorporated, nonprofit organization operating under recorded land agreements through which (a) each lot and/or homeowner in a planned unit or other described land area is automatically a member, (b) each lot is automatically subject to charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and (c) the charge, if unpaid, becomes a lien against the property.

Junk or salvage yard means a lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, autos or auto parts, paper, rags, rubber tires, and bottles.

Landscaped means adorned or improved by contouring land and placing thereon live flowers, shrubs, trees, grass, wood, stone, and ponds or streams.

Light truck means any truck, as defined in this chapter, with limited manufacturer's rated carrying capacity. This definition is intended to include those trucks with such rated carrying capacity being not in excess of one ton, panel delivery trucks and carryall trucks.

Livestock means a horse, donkey, cattle, pig, goat, sheep, female turkey or female chicken.

Loading berth means a parking area provided for commercial motor vehicles designed for the receipt or distribution by such vehicles of materials or merchandise to or from the use to which such parking area is accessory.

Lot area means the minimum area of land required by this chapter for each use located on a building lot.

Lot, corner means a building lot situated at the intersection of two existing or proposed street rights-of-way, the interior angle of such intersection not exceeding 135 degrees.

Lot coverage means the area under roof on any given lot.

Lot, depth means the mean horizontal distance between the front lot line and the rear lot line of the building lot measured within the lot boundary.

Lot, interior means a building lot other than a corner lot.

Lot line means a boundary or perimeter line of a parcel of land.

Lot line, front means that boundary of a building lot, which is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively to the front lot line. Property between E. Barbours Cut Blvd. and East Main Street shall always use E. Barbours Cut Blvd. as the front lot line.

Lot line, rear means that boundary of a building lot which is most distant from and is, or is most nearly parallel to the front lot line.

Lot line, side means any boundary of a building lot, which is not a front lot line or a rear lot line.

Lot of record means an area of land designated as a lot on a plat of a subdivision recorded pursuant to statutes of the state with the county clerk or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the county clerk.

Lot, residential means a homesite for a single-family dwelling that meets the requirements of this Code.

Lot, through means a building lot where both the front and rear lot lines front on parallel streets. The highest street category shall be deemed the front.

Lot, waterfront means a building lot where one side is adjacent to Galveston Bay. The street side of such a lot shall be deemed the front.

Lot, width means the minimum distance measured in a straight line between the side lot lines of a building lot along a straight line, which shall be on the side of the building.

Manufactured housing means a structure, that meets HUD specifications, and is transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 feet in length, or, when erected on-site, is 320 or more square feet in size and which is built on a permanent chassis and designed to be used as a dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

Manufactured housing park means a development under single ownership intended for the rental or leasing only of manufactured housing units.

Manufactured housing subdivision means a subdivision designed for and intended for the sale of lots for residential occupancy by manufactured housing meeting H.U.D. specifications as established under the National Manufactured Housing Construction and Safety Act.

Mobile home means a structure that was constructed before June 15, 1976, and is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

National Manufactured Housing Construction and Safety Act of 1974 means the federal act which governs the standards for construction, design, and performance of manufactured homes or mobile homes built in the United States since June 15, 1976, defined as homes meeting H.U.D. specifications.

Native tree means a tree that is indigenous to the area.

Nonconforming means a lot, building, structure yard, or use existing legally as of the city zoning regulations or amendments thereto that does not conform to the regulations of the district in which it is situated. A nonconforming use may relate to land, building, structure, or use of any part thereof.

Occupancy means any utilization of property.

Office trailer means a structure, transportable in one or more sections, which is built on a permanent chassis and intended to be used for office space or storage with or without a permanent foundation system and with or without utility connections.

Open space means the area, excluding parking, street, alley, service walk or other service areas, but including any side, rear, or front yard or any unoccupied area on a lot that is unobstructed to the sky, except for the ordinary projections of cornices, eaves, porches or trellises. Developed open space shall be defined as recreational space developed with facilities for either active or passive recreation not within any required yard.

Parking space means a surfaced area, designed to control dust and moisture, enclosed or unenclosed, sufficient in size to store one automobile together with a surfaced driveway connecting the parking space with the street or alley permitting ingress and egress of an automobile. A parking space or any requisite maneuvering area incidental thereto shall not occupy any public right-of-way.

Party wall means a firewall on an interior lot line, used or adapted for joint service between two buildings.

Pet means any animal kept for pleasure rather than utility and shall include dogs, cats, rabbits, rodents, birds, reptiles and any other species of animal which is sold or retained as household pets, but shall not include skunks, nonhuman primates, and any other species of wild, exotic or carnivorous animal.

Planned unit development means a land area characterized by a unified site design which has individual building sites and provides common open spaces, may have mixed uses, and which is regulated by the terms and conditions of this chapter and a separate regulatory ordinance.

Pole trailer means every vehicle without motive power designed to be drawn by another vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transportation of long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

Pool house means an accessory building, located on the same lot on adjacent property under the common ownership as that occupied by the main building, designed or used for housing pool equipment. See also accessory building.

Premises means the entirety of a tract of land including its buildings.

Public park means any designated park or playground owned by the city.

Ranch trailer means a vehicle with or without motive power other than a pole trailer designed for carrying livestock, ranch implements, or other moveable personal property attendant to the business or recreational use of the raising of livestock or crops.

Reader panel means any and all portions of any sign on which text, graphics or pictures are displayed. In the case of double faced reader panels, only one side shall be considered in the calculation of sign size.

Recreational vehicle means a camp car, motorhome, trailer, or tent trailer with or without motive power, designed for human habitation or recreational occupation, having less than 320 square feet.

Screening device, dumpster, means a visual barrier of stone, pierced brick, block, or other permanent material of equal character, density and acceptable design, at least as tall as the screened dumpster, where the solid area equals at least 65 percent of the wall surface, and must include an opaque entrance gate or gates. Such screening device shall be continuously maintained.

Screening device, non-residential, means a visual barrier of stone, pierced brick, block, or other permanent material of equal character, density and acceptable design, at least six feet in height, where the solid area equals at least 65 percent of the wall surface, including an entrance gate or gates. Such screening device shall be continuously maintained.

Screening device, residential, means a visual barrier of stone, pierced brick, block, wood or other permanent material of equal character, density and acceptable design, or vegetation performing similar screen, at least six feet in height, where the solid area equals at least 65 percent of the wall surface, including an entrance gate or gates. Such screening device shall be continuously maintained.

Setback line means the closest point to any property line, which may be occupied by a structure.

Setback, sign measurement means the closest point to any property line which may be occupied by any sign, as defined by this chapter. This point shall be determined by measuring perpendicularly from adjacent property lines.

Shipping containers means sealable shipping containers, designed for intermodal transportation, either with or without a permanent affixed chassis, used in intrastate, interstate and international commerce for the shipment of goods and merchandise.

Sign means any word, number, figure, device, design or trademark by which anything is made known, as used to designate an individual, firm, profession, business, or a commodity and which is visible from any public street. For the purpose of this Code, a sign is a structure. Signs are further defined in chapter 63 of this Code.

Site plan means, in the case of all uses, a scaled drawing showing the use of the land to include locations of buildings, drives, sidewalks, parking areas, drainage facilities, and other structures to be constructed in relationship to surveyed boundaries.

Special exception means only those exceptions provided for in section 78-81 of this chapter.

Storage, enclosed means storage of items under roof and completely surrounded by opaque walls.

Storage, open means the storage of any equipment, machinery, commodities, raw, semi-finished materials, and building materials, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level.

Structure means anything that is built or constructed above grade. Structure does not include in-ground swimming pools, where the top edge of the pool is no more than four inches above grade.

Structure, principal means the building used for or housing the intended use of the building lot.

Subdivision ordinance means the adopted subdivision ordinance, as set out in chapter 76 of the Code of Ordinances of the City of Morgan's Point, together with any amendments.

Substantial improvements means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure as determined by a licensed appraiser, either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, valuation before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences.

Trailer means every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

Travel trailer means a portable vehicle built on a chassis and designed as a temporary dwelling for travel, recreation and vacation use and which has been permanently identified as such by the manufacturer. When such a vehicle has been equipped by the manufacturer for use on public streets and highways, the body of such vehicle shall not exceed eight feet in width but may be of any length, provided its gross weight does not exceed 4,500 pounds, or a travel trailer may be of any height, provided its length does not exceed 29 feet, exclusive of the tongue. The term "travel trailer" shall also be deemed to include all other portable contravenes other than mobile homes used or intended to be used generally for living and sleeping quarters and which may be moved under their own power or towed or transported by another vehicle.

Truck means any motor vehicle designed, used or maintained primarily for transportation of more than nine persons or property.

Truck tractor means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

Used or occupied means the use of any land or buildings, and shall be construed to include the words "intended, arranged or designed to be used or occupied."

Yard means the area of a building lot that is unoccupied and unobstructed by any portion of a structure from the ground upward. Yard is further defined as follows:

Yard, front means an unobstructed area adjacent to a public street or other approved accessway, and extending along the whole of the front lot line between the side lot lines, and being the minimum horizontal distance between the front lot line and the front of the principal building or any projections thereof other than stairs, unenclosed balconies, or unenclosed porches.

Yard, rear means a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies or unenclosed porches.

Yard, side means a yard extending along the side lot line from the front yard to the rear yard, being the minimum horizontal distance between any building or projections thereof except steps and the side lot line.

Zoning district map means the map attached to and adopted with the ordinance adopting this chapter and which is located at City Hall in the city administrator's office.

Zoning compliance letter means a written instrument signed by the enforcement officer authorizing a use described in this chapter 78.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011; Ord. No. 13-629, § 2, 1-8-2013; Ord. No. 16-715, § 2, 6-14-2016; Ord. No. 20-794, § 2, 10-13-2020)

(a)

Any person, firm or corporation in violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum of not more than $2,000.00. Each day a violation continues shall constitute a separate offense.

(b)

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of the terms of this chapter, the city, in addition to imposing the penalty above, may institute any appropriate action or proceedings in court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, or to prevent the occupancy of such violation, or to prevent the occupancy of such building, structure or land, to prevent the illegal act, conduct, business or use, in or about such land; and the definition of any violation of the terms of this chapter as a misdemeanor, shall not preclude the city from revoking the civil remedies given it by law in such cases, including collection or reasonable attorney fees and court costs, but same shall be cumulative of and in addition to the penalties prescribed for such violation.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011)