The city is hereby divided into zones, or districts, as shown on the official zoning map. The new official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the city and date under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted in 2001, and that this Official Zoning Map is adopted as of January 1, 2012, as part of the Zoning Ordinance of the City of Morgan's Point, Texas."

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

If changes are made in the district boundaries or other information portrayed on the official zoning map, the city administrator shall make such changes on the official zoning map promptly after the amendment has been approved by the council.

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

The city administrator shall enter approved zoning changes on the official zoning map, and each change shall be identified on the map with the date and number of the ordinance making the change. No amendment to this chapter, which involves matter portrayed on the official zoning map, shall become effective until after such ordinance has been finally approved by the city council.

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

No change of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable by state law.

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

Regardless of the existence of purported copies of the official zoning map which may be made public or published, the official zoning map shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city. The official zoning map shall be available to the public when the city hall is open to the public.

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

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the council may, by resolution, adopt a new official zoning map based on review and a written report from the commission, which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map. The new official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the city and date under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted January 1, 2012, as part of the Zoning Ordinance of the City of Morgan's Point, Texas."

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

Unless a prior official zoning map has been lost or has been totally destroyed, the prior map, or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

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

In determining the location of zoning district boundaries on the old zoning map the following rules shall apply:

(1)

Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys as they exist at the time of adoption of these regulations shall be the zoning boundary.

(2)

Where boundaries are shown to enter on cross platted blocks, property lines of lots, as they exist at the time of adoption of these regulations, shall be the zoning boundary.

(3)

In case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property line nearest the district boundary line as shown.

(4)

Where boundaries are shown on unsubdivided property, the location shall be determined by use of the scale shown on the map unless dimensions are given on the map.

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

For the purpose of this chapter, the city is hereby divided into land use development districts as follows, and as shown on the official zoning map:

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

Permitted or conditional uses in any district may be subject to supplemental standards or requirements in addition to those listed in each district.

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

It is recognized that new types of land uses will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

(1)

The question concerning any new or unlisted use shall be referred to the commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage, and amount and nature thereof; enclosed or open storage; anticipated employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and the general requirement for public utilities such as water and sanitary sewer.

(2)

The commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.

(3)

If the commission determines that the proposed use should be added to permitted uses, the zoning ordinance shall be amended after public hearings before the commission and the council. If the commission determines that the proposed use fits within the definition of a use currently listed in permitted uses, it shall transmit such finding, together with an appropriate parking requirement, in recommendation form to the council. The council shall by resolution approve the recommendation of the commission or make such determination concerning the classification of such use as is determined appropriate based on its findings.

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

The use of property or structures except as followed by this chapter, are prohibited.

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

This district is intended:

(1)

To prevent further industrial impacts on the residential uses south of A Street by prohibiting industrial uses and related development from occurring south of A Street except as is strictly compatible with the buffer zone land uses allowed;

(2)

To protect the integrity of the residential area south of E. Barbours Cut Blvd. by providing a dense landscaped buffer/green zone;

(3)

To provide for the establishment of development that is compatible with surrounding or abutting residential districts; and

(4)

To encourage high-level performance standards.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011; Ord. No. 16-715, § 2, 6-14-2016)

(a)

Development in the office park district is limited to professional offices, low-intensity business uses, and similar types of uses that are compatible with and can be located adjacent to single-family residential uses without undue harmful effects to neighboring residential areas.

(b)

Offices for shipping and transport facilities, no warehousing or freight handling.

(c)

Reserved.

(d)

No trucks other than light trucks shall be allowed on premises occupied by these facilities.

(e)

Administrative and business offices with no accessory outside storage use.

(f)

Administrative and support services.

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

Telecommunications tower.

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

(a)

Size of yard:

(1)

Front yard: Minimum setback for principal structures is 20 feet.

(2)

Side yard: Minimum setback for principal structures is ten feet.

(3)

Rear yard: Minimum setback for principal structures is 20 feet.

(b)

Size of lot: No minimum.

(c)

Lot coverage: Maximum 50 percent of gross lot area for footprint of building.

(d)

Height regulations: 40 feet above finished grade.

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

(a)

Traffic control. The traffic generated by a use shall be channeled on E. Barbours Cut Blvd. and controlled in a manner that will avoid congestion on public streets, safety hazards or the generation of non-residential traffic through residential areas. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited in number, shall be designated to create a minimum of conflict with through traffic movements, and shall be subject to the approval of the enforcement officer. Vehicular ingress lanes shall be large enough to accommodate peak use on the same lot without requiring the stopping or waiting of vehicles on public right-of-ways. Ingress lanes shall be from E. Barbours Cut Blvd.

(b)

[Off-site parking.] Off-site parking is not allowed.

(c)

Required licenses obtained. All necessary governmental permits and licenses shall be secured and copies of original documents and renewals shall be placed on file by owner.

(d)

Availability and adequacy of public services. Public services including but not limited to sewer, water, gas, police and fire protection must be available at a level capable of servicing the proposed land use. The city administrator shall evaluate the proposed used and determine if these conditions are met.

(e)

Building permit requirements.

(1)

No development of any lot or combination of lots in the office park district shall be commenced and no building permits will be issued until all of the requirements have been met.

(2)

Site plan. 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. Such site plan shall be certified by a registered engineer or surveyor, licensed a such in the State of Texas. Under the terms of chapter 76 of this Code, when a development site plan is required, a development site plan shall be prepared in accordance with the terms of that chapter and shall be accepted as the required site plan.

(3)

Site grading plans shall be submitted indicating existing and proposed grades and provisions for surface drainage.

(4)

A detailed drawing prepared by a registered landscape architect showing landscaping, sprinkler system, and screening, as required by this chapter, shall be prepared and submitted.

(5)

The applicant shall submit any additional plans and specifications requested by the city to ascertain compliance with this chapter.

(f)

Storage restrictions.

(1)

All storage outside the principal structure shall be enclosed storage.

(2)

Dumpsters shall be enclosed in a screening device.

(3)

Shipping containers are not allowed in the office park district.

(4)

No outside seaport related storage or staging allowed.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011; Ord. No. 16-715, § 2, 6-14-2016)

The purpose of the I - Industrial District is to provide for the establishment of industrial/manufacturing development and use, which because of the nature of the product or character of activity, requires isolation from residential or commercial use.

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

(a)

General freight trucking.

(b)

Pipeline transportation.

(c)

Support activities for water transportation.

(d)

Freight transportation arrangement.

(e)

Warehousing and storage packing and crating.

(f)

Concrete contractors.

(g)

Highway and street construction.

(h)

Shipping container yards.

(i)

Chemical manufacturing.

(j)

Telecommunications tower.

(k)

Electrical substation and related facilities.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011; Ord. No. 16-706, § 1, 2-9-2016)

(a)

Manufactured housing parks.

(b)

Adult oriented businesses.

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

All permitted uses in the industrial district must meet the following minimum performance standards, as certified by a registered engineer. All permitted uses in industrial districts must meet and be in compliance with any appropriate federal, state, or local regulations.

(1)

Lighting and glare. All lighting shall be arranged so as to deflect light away from any adjoining residential district or from public streets. Direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights that cast light on a public street shall not exceed one foot-candle as measured from the centerline of such street. Any light or combination of lights that cast light on residential property shall not exceed 0.4 foot-candles as measured from such property.

(2)

Radiation and electrical emissions. No activities shall be permitted that emit dangerous radioactivity beyond properly enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.

(3)

Smoke. The emission of smoke by any use shall be in compliance with and regulated by the appropriate federal, state or local agency.

(4)

Dust or other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the appropriate federal, state or local agency.

(5)

Odors. The emission of odor by any use shall be in compliance with and regulated by the appropriate federal, state or local agency.

(6)

Explosives. No activities involving the storage, utilization, or manufacture of materials or products such as TNT or dynamite, which could decompose by detonation, shall be permitted.

(7)

Noise. All noise shall be muffled so to comply with the city's ordinances.

(8)

Environmental. All stormwater, drainage, and runoff or return of water from operations at any facility shall be in compliance with state and federal law.

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

(a)

The minimum landscape requirement is eight percent of the total lot area.

(b)

The front setback for structures is 50 feet.

(c)

The rear setback for structures is 50 feet.

(d)

The side setback for structures is 30 feet.

(e)

The maximum height of any structure shall not exceed 55 feet, except for shipping container yards where containers may be stacked to no more than seven containers high. Height restrictions may be modified as a conditional use, provided that no modification of height restrictions may occur adjacent to property zoned residential or commercial, and no modification shall be permitted if it would pose a danger to life or property.

(f)

The minimum setback for shipping container and chassis storage/staging yards, and seaport related storage yards shall be a minimum of 20 feet from a lot line adjacent to a public right-of-way. All front fencing shall be 20 feet from the front lot line and a buffer area shall be planted.

(g)

Side and rear yard setbacks may be reduced to zero if adjacent to railroad right-of-way, or rail service spurs.

(h)

Shipping containers will be stacked in a "pyramid" appearance along the front of the site. The initial row shall not exceed two containers in height, with each successive interior row gaining one container in height to a maximum of seven containers in height. For the sides beyond the front area, the "pyramid" appearance shall not be required.

(i)

Height restrictions may be modified as a conditional use provided that no modification shall be permitted if said modification would pose a danger to life or property.

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

(a)

All permitted and conditional uses. The following requirements apply to all permitted and conditional uses in the industrial district:

(1)

Traffic control. The traffic generated by a use shall be channeled and controlled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic through residential areas. A traffic study may be required as a condition of approval that verifies that the traffic generated will not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, and shall be subject to the approval of the enforcement officer. Vehicular ingress lanes shall be large enough to accommodate peak use on the same lot without requiring the stopping or waiting of vehicles on public right-of-ways. All vehicular access shall be from Barbour's Cut Blvd; access from East Main Street will not be permitted.

(2)

Required licenses. Copies of necessary governmental permits and licenses shall be secured with evidence of such placed on record with the city.

(3)

Availability and adequacy of public services. Public services, including but not limited to sewer, water, gas, police and fire protection are available at an adequate level and capable to service the proposed land use. The commission and the council may impose any necessary conditions or restrictions upon the proposed land use to insure that an overloading of city system does not occur and that inordinate demand on public services does not jeopardize or limit existing and protected public services demands.

(4)

Loading berths. Loading berths located on the front or at the side of buildings on a corner lot shall be required to meet the following conditions:

a.

Loading berths shall not conflict with pedestrian movement.

b.

Loading berths shall not obstruct the view of the public right-of-way from off-street parking access.

c.

Loading berths shall comply with all other requirements of this chapter.

(5)

Screening as landscaping. Required landscaping on outside of fences as defined in section 78-308 will count as the required landscaping.

(6)

[Off-site parking.] Off-site parking is not allowed.

(7)

Site plan requirements.

a.

No development of any lot or combination of lots in the industrial district shall be commenced and no building permits will be issued therefore until a site plan has been approved by the enforcement officer.

b.

Site plan. 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. Such site plan shall be certified by a registered engineer or surveyor, licensed as such in the State of Texas.

c.

Building construction shall be "tilt wall" or similar method to mitigate the visual, sound, pollution and vehicular impact of the port upon the adjoining neighborhoods. Metal exterior buildings will not be approved.

d.

Site grading plans shall be submitted indicating existing and proposed grades and provisions for surface drainage.

e.

A detailed drawing prepared by a registered landscape architect showing landscaping, sprinkler system, and screening, as required by this chapter, shall be prepared and submitted.

f.

The applicant shall submit any additional plans and specifications requested by the city to ascertain compliance with this chapter.

g.

Off-street parking. No parking spaces or aisles serving parking spaces shall be less than ten feet from the building or lot line.

h.

Storage restrictions.

1.

No open storage of materials shall be allowed in the industrial district.

2.

Dumpsters shall be enclosed in a screening device.

(b)

Conditional use: Adult oriented businesses.

(1)

An adult oriented business within 1,000 feet of any of the following, whether located within or outside the corporate limits of the city:

a.

A boundary of a residential district;

b.

The property line of a lot devoted to a residential use;

c.

A church;

d.

A school;

e.

A day care or kindergarten; or

f.

A public park or playground.

(2)

For the purposes of subsection (b)(1) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of a building or structure used as part of the premises where an adult oriented business is conducted, to the nearest property line of the premises of a church, school, day care or kindergarten, or to the nearest boundary of an affected public park or playground, residential district, or lot devoted to a residential use.

(3)

A person commits an offense if he or she operates or establishes, or causes or permits another to operate or establish an adult oriented business which is located within 1,000 feet of another adult oriented business. A person commits an offense if he causes or permits the operation, establishment, or maintenance or more than one adult oriented business in the same building, structure, or portion thereof.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011; Ord. No. 16-715, § 2, 6-14-2016)

(a)

Screening. A 20-foot wide vegetation screen shall be required for properties fronting Broadway and E. Barbours Cut Blvd. Buildings, parking areas, loading docks, outside storage, driveways, fences and refuse containers are not allowed to penetrate the screen. Construction and maintenance of the screen shall be the responsibility of the property owner. A screening plan, detailing all elements to be installed, must be submitted with a building permit application and approved in writing before a building permit is issued.

(1)

The screen will consist of three rows of plantings of different heights with the tallest row furthest from Broadway and the shortest closest to E. Barbours Cut Blvd. and an evergreen vine ground cover below the taller plants.

a.

The tallest row will have a minimum mature height of 20 feet.

b.

The middle row will have a mature height of ten to 15 feet.

c.

The shortest row will have a mature height of four to six feet.

d.

Plants will be planted on staggered centers.

(2)

At maturity the screen will have sufficient opacity between four and ten feet high to prevent identification of objects and property behind it in winds up to 20 mph.

(3)

Plants will be evergreen and two of the three rows will be of flowering species designed to produce a spectrum of color blooms from early Spring to late Fall.

(4)

Plants selected for use in the screen must be generally recognized as low maintenance, disease and insect resistant, non-invasive, and weather-extreme tolerant; native plants are encouraged. Plant species in each row of the screen will be different than the other rows to create biodiversity.

(5)

A trickle-flow water irrigation system designed to deliver adequate moisture to all plants in the screen during periods of drought stress is required.

(6)

At the time the screen is planted, nursery stock of sufficient size as well as planting density will be selected so the screen is expected to satisfy all performance standards within three years, based on expectations of reasonable care resulting in average growth rates.

(7)

Fencing, if any, shall be at least 20 feet north of the street right-of-way and shall not be permitted to enclose the screen.

(8)

No occupancy permit will be issued until construction of the landscape screen is completed.

(9)

Site preparation of the 20-foot screen strip will use generally accepted soil preparation techniques designed to promote healthy plant growth through soil culture, good drainage and the use of weed control techniques in the interim while the vine ground cover matures.

a.

The strip will be graded level from east to west and with a 0.5"/ft. grade from north to south. (Therefore, nominal drainage of the strip will be toward the street.)

b.

After vegetation removal and grading, ten inches of commercial nursery garden soil mix will be spread on top of the strip, maintaining the original grade of the sub soil. A garden soil mix is topsoil amended with organic material and aggregate in roughly equal proportions.

c.

Immediately after spreading the garden soil mix, the site is to be protected from erosion by covering it with a commercial weed block mesh that allows water penetration but inhibits the growth of unwanted vegetation.

(10)

Proper care of the new plants during the first 12 months is critical to successful establishment of the screen. Watering, feeding and pest management must be performed to meet the needs of the plants. Certain seasonal periods are known to present weather extremes and specific pest (insect, disease, fungus, and weeds) threats. It is particularly important that additional attention be given during the first year while the plants establish themselves to pay close attention to the cultural needs of the plants.

(11)

The current property owner shall be responsible for year-round maintenance of the screen. The maintenance program must ensure that plantings remain viable enough to satisfy the performance standards set forth in this section. Maintenance must also prevent the incursion of volunteer plants into the screen since presence of uncultivated species can seriously degrade screen performance in the short and long run. Failure to maintain the screen in satisfactory condition to meet the performance standards set forth in this chapter will subject the property owner to the penalty provisions herein.

a.

Plants will be provided sufficient water, food and pest management efforts to allow them to continue to perform their function by meeting the performance standards set forth herein.

b.

Particular attention must be paid to periods of known stress for each plant species. Stress from too much or too little water, temperatures that are too hot or cold, and normal pest invasions is something that can and must be anticipated with appropriate response.

c.

Despite best maintenance efforts individual plants can fail to prosper or die, including death from old age. If that case, affected plants must be replaced with equivalent size and planting density as in the originally approved planting plan. Replacements should be made with three weeks of the time the performance standards are no longer met. If loss of vitality or death is due to soil borne pathogens suitable soil culture corrections must be made.

d.

Any activity contemplated by the property owner that is potentially damaging to the screen is prohibited without a valid building permit, including work for close proximity dirt work or construction, temporary access needs, utility work or drainage work, etc.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011; Ord. No. 16-715, § 2, 6-14-2016)

This district is intended for low density single-family detached residential dwellings and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. This area is intended to be separated and protected from the encroachment of land use activities that do not perform a function necessary to sustain the residential environment. Internal stability, attractiveness, order, efficiency, security, and the maintenance of property values are encouraged by the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of these various elements.

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

(a)

Single-family detached dwellings.

(b)

Livestock as an accessory use if they are for the use and enjoyment of the occupants of a single-family detached dwelling located on the same lot, or are located on a nearby lot related by common ownership to the occupants of a single-family detached dwelling, and provided the livestock are sheltered and confined to such property, and they or their products are not used for commercial purposes.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011; Ord. No. 13-629, § 3, 1-8-2013)

(a)

Yard size—R-1.

(1)

Front yard: Not less than 25 feet from the front lot line.

(2)

Side yard: Not less than ten feet from each side lot line. Five feet for lots less than 50 feet in width.

(3)

Rear yard: Not less than 20 feet from the rear lot line.

(b)

Minimum lot size—R-1.

(1)

Except as set forth in subsection (2) below, the minimum lot area shall be 20,000 square feet with a minimum lot width of 100 feet and a minimum lot depth of 100 feet.

(2)

For combining one or more adjoining lots under V.T.C.A. Texas Local Government Code, § 212.016(a)(11), the minimum lot width or the minimum lot depth shall be 100 feet.

(c)

Exception—R-1.

(1)

Where a lot having less area, width and/or depth than herein required existed in separate ownership upon the effective date of the ordinance from which this chapter derives, such lot area restrictions shall not prohibit the erection of a single family dwelling thereon unless the contiguous property is under the same ownership and could be replatted to conform.

(2)

Where a statement from a medical doctor is submitted to the city as part of a building permit application, an elevator that is medically required due to physical disability or age of a resident, an elevator may encroach into any of the setbacks required in this section by no more than necessary to enclose the mechanicals of the elevator and the elevator carriage, as determined by the building official.

(d)

Lot coverage—R-1. No more than 50 percent of the gross lot area may be covered by the principal use structure and any accessory buildings.

(e)

Height regulations—R-1. The height of any building shall not exceed 40 feet.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011; Ord. No. 16-718, § 1, 8-9-2016; Ord. No. 18-759, § 2, 11-13-2018)

Editor's note— Ord. No. 20-794, § 3, adopted Oct. 13, 2020, repealed § 78-174, which pertained to permitted accessory buildings and their uses and equipment and derived from Ord. No. 11-604, § 1(Exh. A), adopted Dec. 13, 2011 and Ord. No. 13-629, § 4, adopted Jan. 8, 2013.

Refer to articles IV, Supplementary district regulations, V, Planned unit development, and chapter 53, Signs.

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

The purpose of the port buffer zone is:

(1)

To protect the residential uses district south of Main Street by restricting port uses and port related development, except as is strictly compatible with the buffer zone land uses allowed herein,

(2)

To protect the integrity of the residential area south of Main Street by providing a dense landscaped buffer along the north side of East Main Street,

(3)

To provide for development that is non-intrusive to surrounding or abutting residential districts,

(4)

To encourage high-level performance standards.

(5)

All proposed development in the port buffer zone shall require submittal of a site plan. Use of the land including locations of buildings, drives, sidewalks, parking areas, drainage facilities, and other structures to be constructed in relationship to the property's surveyed boundaries. A registered engineer or surveyor shall certify the site plan.

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

(a)

Administrative and business offices with no accessory outside storage use.

(b)

Administrative and support services.

(c)

Accessory buildings.

(d)

Religious and charitable institutions.

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

The following conditional uses may be allowed subject to the provisions of this chapter and as conditioned by council.

(1)

General warehousing and storage. This industry comprises establishments primarily engaged in operating merchandise warehousing and storage facilities. These establishments generally handle goods in containers such as boxes, barrels and/or drums, using equipment, such as forklifts, pallets, and racks. No outside storage will be allowed.

(2)

Refrigerated warehousing and storage. This industry comprises establishments primarily engaged in operating refrigerated warehousing and storage facilities. Establishments primarily engaged in the storage of furs for the trade are included in this industry. The services provided by these establishments include blast freezing, tempering, and modified atmosphere storage services. No outside storage will be allowed.

(3)

Telecommunications tower.

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

(a)

Size of yard:

(1)

Front yard: 40 feet minimum for principal structures - Double frontage property (i.e., property adjacent to both E. Barbours Cut Blvd. and East Main St.) shall consider E. Barbours Cut Blvd. the "front" side for the purpose of determining setbacks and applying all other front yard requirements.

(2)

Side yard: 25 feet minimum for principal structures.

(3)

Rear yard: 40 feet minimum for principal structures.

(4)

Size of lot: No minimum.

(5)

Lot coverage: Maximum 50 percent of gross lot area.

(6)

Height regulations: Maximum 30 feet above finished grade.

(7)

Landscaping: Eight percent of total lot area.

(b)

The minimum setback line adjacent to any utility easement shall be three feet. Section 78-2, Supplementary district regulations are contained in article IV.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011; Ord. No. 16-715, § 2, 6-14-2016)

(a)

Screening. A 20-foot wide vegetation screen shall be required adjacent to all property fronting on East Main Street. Buildings, parking areas, loading docks, outside storage, driveways, fences and refuse containers are not allowed to penetrate the screen. Construction and maintenance of the screen shall be the responsibility of the property owner. A screening plan, detailing all elements to be installed, must be submitted with a building permit application and approved in writing before a building permit is issued.

(1)

The screen will consist of three rows of plantings of different heights with the tallest row furthest from East Main St. and the shortest closest to East Main St. and an evergreen vine ground cover below the taller plants.

a.

The tallest row will have a minimum mature height of 20 feet.

b.

The middle row will have a mature height of ten to 15 feet.

c.

The shortest row will have a mature height of four to six feet.

d.

Plants will be planted on staggered centers.

(2)

At maturity the screen will have sufficient opacity between four and ten feet high to prevent identification of objects and property behind it in winds up to 20 mph.

(3)

Plants will be evergreen and two of the three rows will be of flowering species designed to produce a spectrum of color blooms from early Spring to late Fall.

(4)

Plants selected for use in the screen must be generally recognized as low maintenance, disease and insect resistant, non-invasive, and weather-extreme tolerant; native plants are encouraged. Plant species in each row of the screen will be different than the other rows to create biodiversity.

(5)

A trickle-flow water irrigation system designed to deliver adequate moisture to all plants in the screen during periods of drought stress is required.

(6)

At the time the screen is planted, nursery stock of sufficient size as well as planting density will be selected so the screen is expected to satisfy all performance standards within three years, based on expectations of reasonable care resulting in average growth rates.

(7)

Fencing, if any, shall be at least 20 feet north of the East Main St. right-of-way and shall not be permitted to enclose the screen.

(8)

No occupancy permit will be issued until construction of the landscape screen is completed.

(9)

Site preparation of the 20-foot screen strip will use generally accepted soil preparation techniques designed to promote healthy plant growth through soil culture, good drainage and the use of weed control techniques in the interim while the vine ground cover matures.

a.

The strip will be graded level from east to west and with a 0.5"/ft. grade from north to south. (Therefore, nominal drainage of the strip will be toward East Main St.)

b.

After vegetation removal and grading, ten inches of commercial nursery garden soil mix will be spread on top of the strip, maintaining the original grade of the sub soil. A garden soil mix is topsoil amended with organic material and aggregate in roughly equal proportions.

c.

Immediately after spreading the garden soil mix, the site is to be protected from erosion by covering it with a commercial weed block mesh that allows water penetration but inhibits the growth of unwanted vegetation.

(10)

Proper care of the new plants during the first 12 months is critical to successful establishment of the screen. Watering, feeding and pest management must be performed to meet the needs of the plants. Certain seasonal periods are known to present weather extremes and specific pest (insect, disease, fungus, and weeds) threats. It is particularly important that additional attention be given during the first year while the plants establish themselves to pay close attention to the cultural needs of the plants.

(11)

The current property owner shall be responsible for year-round maintenance of the screen. The maintenance program must ensure that plantings remain viable enough to satisfy the performance standards set forth in this section. Maintenance must also prevent the incursion of volunteer plants into the screen since presence of uncultivated species can seriously degrade screen performance in the short and long run. Failure to maintain the screen in satisfactory condition to meet the performance standards set forth in this chapter will subject the property owner to the penalty provisions herein.

a.

Plants will be provided sufficient water, food and pest management efforts to allow them to continue to perform their function by meeting the performance standards set forth herein.

b.

Particular attention must be paid to periods of known stress for each plant species. Stress from too much or too little water, temperatures that are too hot or cold, and normal pest invasions is something that can and must be anticipated with appropriate response.

c.

Despite best maintenance efforts individual plants can fail to prosper or die, including death from old age. If that case, affected plants must be replaced with equivalent size and planting density as in the originally approved planting plan. Replacements should be made within three weeks of the time the performance standards are no longer met. If loss of vitality or death is due to soil borne pathogens suitable soil culture corrections must be made.

d.

Any activity contemplated by the property owner that is potentially damaging to the screen is prohibited without a valid building permit, including work for close proximity dirt work or construction, temporary access needs, utility work or drainage work, etc.

(12)

Screening as landscaping. Required East Main St. buffer zone screening will not count toward the percentage of landscaping, required by this chapter.

(d)

Traffic control. The traffic generated by a use shall be channeled and controlled in a manner that will avoid congestion on public streets, safety hazards or excessive traffic through residential areas. A traffic study may be required as a condition of approval that verifies that the traffic generated will not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, and shall be subject to the approval of the enforcement officer. Vehicular ingress lanes shall be large enough to accommodate peak use on the same lot without requiring the stopping or waiting of vehicles on public right-of-ways. All vehicular access shall be from E. Barbours Cut Blvd.; access from East Main Street will not be permitted.

(e)

Off-site parking. Off-site parking is not allowed. All on-site truck parking shall not be visible from Main Street.

(f)

Required licenses. All necessary governmental permits and licenses shall be secured and renewed, and copies provided to the city.

(g)

Availability and adequacy of public services. Adequate public services must be available at an adequate level, for the proposed land use. The commission and the city council may impose any necessary conditions or restrictions upon the proposed land use and/or development to insure that an overloading of the city's utility systems does not occur and that inordinate demand on public services does not jeopardize or limit existing and protected public services demands.

(h)

Loading berths. Loading berths located on the front or at the side of buildings on a corner lot shall not conflict with pedestrian movement or obstruct the view of the public right-of-way from off-street parking access.

(i)

Building permit requirements.

(1)

No development of any lot or combination of lots in the port buffer zone district shall be commenced and no building permits shall be issued until all of the requirements of this division have been met.

(2)

Building construction shall be "tilt wall" or a similar method to decrease the noise and light intrusion into the adjoining R-1 neighborhoods during the construction phase. Metal exterior buildings will not be approved.

(3)

Site grading plans shall be submitted indicating existing and proposed grades and provisions for surface drainage.

(4)

A detailed drawing prepared by a registered landscape architect showing landscaping, sprinkler system, and screening, as required by this chapter, shall be prepared and submitted.

(5)

The applicant shall submit any additional plans and specifications requested by the city to ascertain compliance with this chapter.

[(j)

Reserved.]

(k)

Storage restrictions.

(1)

All storage shall be enclosed in a structure.

(2)

Dumpsters shall be enclosed in a screening device.

(3)

Shipping containers are not allowed to be stored in the Port Buffer Zone.

(4)

No outside seaport related storage or staging will be allowed.

(Ord. No. 11-604, § 1(Exh. A), 12-13-2011; Ord. No. 16-715, § 2, 6-14-2016)