General rules and regulations for uses, buildings and structures applying to all zoning districts as well as special uses regulations applying to specific zoning districts shall be enumerated herein.

(a)

Scope. This section includes those accessory uses, buildings and structures customarily incidental and subordinate to the main use for building and located on the same lot.

(b)

Development regulations.

(1)

Location. All accessory uses, buildings and structures shall be located on the same lot as the principal or main use and not within any required yard setbacks, except as provided herein.

(2)

Height. No accessory use, building or structure shall exceed the height permitted in the district in which the principal use is located.

(3)

Use. Such accessory building shall not be rented or leased as a separate dwelling unit.

An occupation, not involving the conduct of a business, 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 premise, without the help of any assistant or employee; 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; without the use of any sign, display or advertisement of the occupation or the telephone number of the same, the person conducting the same, or of the occupant; and which occupation does not cause the generation of any traffic in the street nor involve the storage or display of any property other than household goods used on the premise; and which occupation is not detrimental or injurious to adjoining property; and which occupation does not include 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, shoe shop, plumber's shop, radio shop, tinner's shop, auto repairing, auto painting, furniture repairing, sign painting or real estate office, but not limited to those so enumerated; and which occupation does not involve the conduct of a school, day care center or office; and which occupation does not include the keeping, stabling, pasturing, boarding or caring for any horses, cattle, dogs, cats or other animals belonging to persons other than the occupants of the main building.

The following requirements and regulations shall be met:

(a)

Parking. All parking areas for display, sale, rent, or storage purposes shall comply with the requirements set forth in this ordinance. In addition, none of the above parking areas may be located between the base building line and the pavement edge of a public street.

(b)

Operating conditions. Motorcycles, auto, truck, boat, mobile home, and recreational vehicles shall be maintained in a safe operating condition at all times. If in a used condition, all of the above shall have a current valid Texas Vehicle Inspection Sticker and license plate displayed in the appropriate manner.

(c)

Repair facilities. Any repair facilities contained within the buildings shall conform to the Nassau Bay Building Code.

(d)

Sales office (restrictions). None of the above shall be used as sales offices, storage space, or for sleeping purposes. Sales offices and storage shall be contained in buildings in conformance with the Nassau Bay Building Code.

(e)

Setbacks. All buildings and structures shall comply with the setback requirements for the district in which the use is located.

(f)

Fencing and screening. Where deemed necessary by the planning commission to protect the general public, safety fences of up to a height of six (6) feet may be required. The planning commission may also require screening of at least seventy-five (75) per cent opaqueness to protect neighboring property from potential loss of use of diminishment of land value or use.

On property lines not adjacent to a public street, there shall be provided a brick or wood fence or wall six (6) feet in height from the finished grade.

(g)

Lighting. Artificial lighting used to illuminate the premises shall be directed away from adjacent properties and streets, shining only on the subject site.

(Ord. No. O2013-712, Exh. B, 8-12-13)

Editor's note— Ord. No. O2013-712, Exh. B, adopted Aug. 12, 2013, deleted § 11-400 which pertained to child care facilities and derived from Ord. No. 80-255, adopted Mar. 24, 1980. Ord. No. O2013-712 also renumbered §§ 11-500—11-1300 as §§ 11-400—11-1200.

The following requirements and regulations shall be met:

(a)

["Swimming pool" defined.] A swimming pool is any confined body of water, located either above or below the existing (finished) grade of the site, exceeding one hundred fifty (150) square feet in surface area, and two (2) feet in depth, designed, used, or intended to be used for swimming or bathing purposes.

(b)

Principal use. Any swimming pool owned and operated by a governmental agency or operated as a commercial enterprise existing singularly or in combination with other commercial recreation uses on the same property shall be considered as a principal use subject to the "property development regulations" of the applicable zoning district.

(c)

Accessory use. Any swimming pool operated by a fraternal, social, or civic organization, or by a residential homeowner's association, or by the resident of a single-family dwelling or of multi-family residences shall be considered as an accessory use, and shall exist in conjunction with the principal use on the same lot, subject to the setback regulations stated herein.

(d)

Setbacks (accessory use). If the swimming pool is located at or below finished grade, it is permitted on any interior side yard and rear yard provided that in no case shall it be located closer than three (3) feet from any side or rear property line.

(e)

Lot coverage. Swimming pools located at finished grade shall not be considered as lot coverage unless totally enclosed by an opaque obstruction.

(f)

Fencing and screening. Every swimming pool shall be surrounded by a natural barrier, retaining wall, or other structure, constructed or installed in a manner which will obstruct access thereto by persons other than the owners or occupants of the premise on which such swimming pool is located. Such obstruction around a principal use shall not be less than six (6) feet in height from finished grade. Single-family dwelling accessory swimming pools require not less than a four-foot high barrier, wall or fence.

(g)

Access commercial and club facilities. The primary access to a principal use shall be from the interior of a building or structure serving as a club house or shower facility. Exterior access to the principal use must be through a self-closing and self-latching gate with latches placed at least four (4) feet above the underlying ground and operable from the interior of the swimming pool area only. All gates opening through such enclosure shall be kept securely closed and latched at all times.

(h)

Lighting. Artificial lighting used to illuminate the premises shall be directed away from the adjacent properties and streets, shining only on the subject site.

(i)

Performance standards. The operation of these facilities shall conform to all rules and regulations of all governmental agencies having appropriate jurisdiction and to the performance standards of this ordinance.

(Ord. No. O2013-712, Exh. B, 8-12-13)

Editor's note— See the editor's note following § 11-400.

(a)

Building permit required. Fences and walls enclosing any permitted use shall comply with the building permit procedures of the Nassau Bay Building-Code.

(b)

Sight distance maintained. Within the area formed by the right-of-way lines of intersecting streets, the area formed by the long chord of a twenty-five-foot radius or a greater radius if deemed necessary and the intersecting right-of-way lines shall be a clear space with no obstruction to vision. Fences, walls, and plantings shall be restricted to a height of thirty (30) inches or less above the average grade of each street as measured at the center line thereof.

(c)

Residential restrictions. On residentially zoned property, fences, walls, and hedges may be erected, planted, or maintained along or adjacent to a lot line to a height not exceeding six (6) feet in the required side and rear yards unless otherwise specified. The fence, wall or other structure shall not extend beyond the building setback line. A rear yard fence height of 8 feet 6 inches shall apply to the residential properties on the north side of Lazy Lake Drive, between Swan Lagoon Drive and Sandy Cove, for privacy and protection from NASA Road One traffic. This specific height is established for consistent appearance along NASA Road One and applies to individual properties. New or replacement fences shall comply with this height requirement. In addition, if repairs to existing fences would exceed 50 percent of the area of the existing fence or the costs of the repairs exceed 50 percent of the value of the fence, the repairs shall comply with this height requirement.

(d)

Dangerous materials. Walls, fences or similar structures erected in any residential district shall not contain any substances such as broken glass, barbed wire, spikes, nails, or similar materials designated to inflict pain or injury to any person or animal.

(Ord. No. 90-391, § 3, 12-10-90; Ord. No. 2003-560, § 1, 2-13-03; Ord. No. O2013-712, Exh. B, 8-12-13)

Editor's note— See the editor's note following § 11-400.

All uses and activities permitted as of right, (or specific use permit) in any district shall conform to the standards of performance described below and shall be so constructed, maintained, and operated so as not to be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter toxic or noxious waste materials, odors, fire, explosive hazard or glare.

(a)

Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise set forth below:

(1)

Objectionable noises of an intermittent nature shall be controlled as not to become a nuisance to adjacent uses.

(2)

Sound levels shall be measured with a sound level meter and associated octave band filter manufactured in compliance with standards prescribed by the American Standards Association.

(3)

At no point on a property line or district boundary as indicated shall the sound intensity level of any individual operation or plant exceed the decibel levels in either of the designed octave bands shown in the following tables:

TABLE 1—ALL DISTRICTS

Between 8:00 a.m. and 6:00 p.m.
Maximum Permitted Sound Level (Decibels)

Preferred Frequencies

Maximum permitted sound level shall be reduced by three (3) decibels in each octave band between the hours of 6:00 p.m. and 8:00 a.m.

(b)

Vibration. No use shall be operated which produces ground vibrations noticeable without instruments, at the lot line of the premise on which the use is located.

(c)

Smoke emissions and other particulate matter. To be in compliance with state and county regulations.

(d)

Odors. No use shall be operated so as to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. Table III, Chapter 5, "Air Pollution Abatement Manual" of the Manufacturing Chemist's Association, Inc., Washington D.C., is hereby adopted as the guide in determining the quantities of offensive odors as are the guides and standards contained in the prohibitions against air pollution of the state department of pollution control.

(e)

Toxic or noxious matter. No use shall for any period of time, discharge across boundaries of a lot line on which it is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or general welfare, or cause injury or damage to persons, property, or the use of property or land, or render unclean the waters of the state to the extent of being harmful or inimical to the public health, animal or aquatic life, or the use of such waters for domestic water supply, recreation, or other legitimate and necessary uses.

(f)

Radiation. Any operation involving radiation, i.e. the use of gamma rays, x-rays, alpha and beta particles, high speed electron, neutrons, protons, and other atomic or nuclear particles, shall be permitted only in accordance with the codes, rules, and regulations of the state board of health and the state department of pollution control.

(g)

Electromagnetic radiation and interference.

(1)

Radiation. No person, firm, or corporation shall operate or cause to be operated for any purpose and planned or unplanned source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Any operation in compliance with the Federal Communication Commission regulation will be deemed unlawful if such radiation causes an abnormal degradation of performance of any electromagnetic receptor of quality and proper design. The determination of "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electronic Industries Association.

(2)

Interference. No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception in any district.

(h)

Humidity, heat or glare.

(1)

In all districts, any activity producing heat or glare shall be carried on in such a manner that such heat or glare is not perceptible at any lot line.

(2)

Exposed sources of light, including bare bulbs and tubes and immediately adjacent reflecting surfaces, shall be shielded to avoid creating a nuisance across lot lines. The light intensity from illumination of any kind shall not exceed fifty (50) foot lamberts at any point along the line of the lot containing the light source.

(Ord. No. O2013-712, Exh. B, 8-12-13)

Editor's note— See the editor's note following § 11-400.

Cross reference— Noise, Ch. 10.

(a)

Driveways. Driveways shall be considered as constituting off-street parking spaces for single-family and two-family duplex dwellings in residential districts provided that sufficient spaces are available on such driveways to meet the requirements of this section.

(b)

Locations of off-street parking spaces. Parking spaces shall be located so that no spaces are a greater distance than six hundred (600) feet from the building or use to which they are assigned.

(c)

Design. All nonresidential parking and driveway areas shall be paved in accordance with city specifications maintained by the city engineer to provide for safe and efficient circulation and protect against potholes, erosion and dust. The proposed grading and drainage for the off-street parking facilities shall be approved by the city engineer.

1.

Maintenance. Off-street parking areas and other vehicular use areas shall be maintained in sound and litter-free condition. Property owners/managers are responsible for maintaining compliance with related provisions of City Code chapter 9, Health and Sanitation, including section 9-41, Damaged or defective parking lots—holes or depressions; section 9-42, Maintenance of painting of stripes; section 9-43, Same—Correction of violations; and section 9-44, Same—repair specifications.

(d)

Parking space dimensions. Standard parking spaces shall be dimensioned as specified in this subsection. Spaces dimensioned for and indicated by signage as limited to compact cars shall be permitted only after providing the minimum number of standard spaces required by this section.

1.

Angled parking spaces (zero to ninety (90) degrees): Nine (9) feet by nineteen (19) feet (or eighteen (18) feet where vehicle overhang of a pavement edge is anticipated).

2.

Parking spaces designated for compact cars: Nine (9) feet by sixteen (16) feet.

3.

Parallel parking spaces: Eight (8) feet by twenty-three (23) feet.

4.

Parking spaces for disabled persons shall be designed and located as required by the Texas Accessibility Standards.

5.

Vertical clearance. Vertical clearance of not less than eight (8) feet (including structures and trees/vegetation) shall be provided over all parking spaces. Additional clearance shall be provided for vans, light trucks, and other larger vehicles that require such greater clearance. All parking garage entrances shall include an overhead bar to alert drivers of oversized vehicles regarding clearance.

(e)

Parking access; drive aisle dimensions. Each parking stall shall have appropriate access to a street or alley, and maneuvering space and access aisles shall be sufficient to permit vehicles to enter and leave the parking area in a forward motion, with the exception of single-family and duplex areas. Driveways shall be paved and meet the requirements outlined below unless special circumstances warrant variations approved by the planning commission. Drive aisles shall be dimensioned based on the directional flow of traffic and the angle of the parking spaces accessed by the aisle, as set out in Table 11-800.A, Drive Aisle Width.

(f)

Access dimension guidelines.

Dimension at street:

Width (in feet)*

Minimum, one-way .....15

Minimum, two-way .....25

Maximum .....35

Right turn radius (in feet)**

Minimum .....10

Maximum .....30

 *Measured along right-of-way line at inner limit of curbed radius sweep or between radius and near edge of curbed island at least fifty (50) square feet in area. The minimum width applies principally to one-way driveways.

**On side of driveway exposed to entry or exit by right turning vehicles.

(g)

Circulation. Circulation systems within lots or parcels proposed for development shall provide for continuous traffic flow with efficient, non-conflicting movement throughout the site, subject to the review and approval of the city engineer.

1.

Configuration of parking aisles. If one-way parking aisles are utilized, parallel rows of parking shall run in alternating directions and shall intersect with two-way aisles.

2.

"Tandem parking" (where vehicles are parked nose-to-end to maximize the number of vehicles that can be parked in a limited space, which restricts the independent movement of all vehicles and periodically requires rearrangement of the parked vehicles) shall not be used to comply with the requirements of this section, except in the case of single-family detached and duplex residential uses.

3.

Stacking areas and drive-through lanes. Vehicle stacking areas and drive-through lanes shall be configured so that their use does not block ingress to or egress from:

a.

Parking spaces;

b.

Driveways and access points; and

c.

Emergency access lanes.

Stacking lanes shall provide a bypass lane that is not less than eight (8) feet in width.

4.

Vehicular-pedestrian conflict areas. Conflicts between areas of significant pedestrian movement and vehicular circulation shall be minimized. Areas that are accessible to vehicles but likely to be put to significant use by pedestrians (as determined by the city engineer) shall be striped or otherwise differentiated (e.g., with decorative pavers).

(h)

Marking of parking areas; traffic control devices. All parking spaces shall be marked and maintained on the pavement, and any directional markings/signs shall be installed and maintained by the property owner according to the approved site plan. Pavement markings shall be yellow or white, except as may be required by state or federal regulations.

1.

Disabled parking spaces. As required by the Texas Accessibility Standards, each disabled parking space shall be marked with a free-standing or wall-mounted sign using the standard uniform words and/or symbols that signify the space as parking for disabled persons only. In addition, the disabled symbol shall be painted on the pavement within the parking space. This requirement shall automatically change to conform to applicable amendments to the Texas Accessibility Standards after the effective date of this ordinance.

2.

Traffic control devices. All traffic control devices (signs, marking and/or signals) shall conform to the Manual on Uniform Traffic Control Devices, latest edition.

(i)

Site development plan requirements (parking). At the time of the application for a building permit for C, U, RM-1, RM-2 land use and M-R, M-RM, M-C and M-P marine use for which parking spaces are required to be constructed a site development plan for such parking facilities shall be submitted to the city for approval. The following regulations shall be required:

1.

Landscaping and screening plans. (See subsection 16.5-300(B) for plan requirements for all development which requires a site plan approval.)

2.

Channelization and division of parking areas within the interior of the parking lot for pedestrian and vehicular traffic shall be accomplished by the use of landscaped areas with trees, walls, fences, other natural growth or artificial features, or raised curbs. Marked directional lanes and controls, change of grade or other devices to mark points of turns, to separate parking areas shall be used to control traffic movement.

3.

Each parking site or lot shall be designed individually with reference to the size, street pattern, adjacent properties, buildings and other improvements in the general neighborhood, numbers of cars to be accommodated, hours, and kinds of use.

4.

When the parking facilities are housed in an underground garage or a multi-storied structure or on the roofs of buildings, a site development plan shall be submitted hereunder for approval of interior traffic circulation, slope of ramp, ease of access and utilization of ramps, for parking stall and aisle dimensions, proper traffic-control signing and pavement marking for safe and efficient vehicular and pedestrian operation, for location of entrances and exits on public roads, for approval of sight distances at such entrances and exits and at corners of intersecting public roads, and for approval of the effective screening of the cars located in or on the parking structures from adjoining properties and from public roads.

5.

The site development plan shall be prepared with careful regard to the location of the parking facilities in relation to adjoining and neighborhood commercial, industrial, multifamily, and other residential improvements, and shall be devised to have the least adverse effects on such adjoining or neighboring properties.

(j)

Off-street parking regulations. All uses permitted under this zoning ordinance shall be subject to the minimum requirements displayed in Table 11-800.B, Off-Street Parking and Loading Standards. Generally, the total number of required parking spaces is equal to the sum of the required parking for each use of a parcel proposed for development. However, parking requirements may be reduced in some cases when anticipated vehicular parking demand will tend to be less through implementation of the provisions of subsections (l), Credits for on-street and public parking, and/or (m), Reduction of parking requirements by provision of bicycle amenities, below.

1.

The number of required parking spaces is calculated based on one or more independent variables, which are measured as provided below. When the number of required parking spaces results in a fractional space, the fractional space shall be rounded up to the next highest whole number.

a.

Per square foot (sf) of parking floor area, where parking floor area is equal to eighty-five (85) percent of the gross "floor area" (defined as the area of all floors in a building, extended to exterior walls, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features, and not including the area of voids between floors), plus (unless otherwise specified) the area of any parts of the parcel proposed for development that are delineated and used in a manner that is comparable in function and intensity of use to the use of the inside of the building (e.g., outdoor dining areas).

b.

Per employee, which means that the number of parking spaces is based on the number of employees on the work shift in which the maximum number of employees are present ("maximum shift").

c.

Per seat, which means that the number of parking spaces is based on the number of seats that are provided to guests (patrons, members, etc.), with benches or pews measured as one seat per two (2) feet of width.

d.

Per square feet (sf) of assembly area, which means that the number of parking spaces is based on the number of square feet in the largest room used for assembly (e.g., at a school, this is often a gymnasium, but it could also be a theater or a lunch room).

2.

Unlisted and functionally similar uses. A proposed use that is not listed in Table 15-400.A, Uses, shall be required to meet the parking standards of the use category or functionally similar use it is determined to be most similar to, pursuant to subsection 5-1700(G), Unlisted and functionally similar uses.

(k)

Required parking spaces for disabled persons. The number of parking spaces that are designed and designated for disabled persons shall comply with the requirements of the Texas Accessibility Standards.

(l)

Stacking spaces. Uses with drive-through facilities shall provide vehicle stacking spaces as set out in this section and in Table 11-800.C, Required Stacking Spaces:

1.

Size of stacking space: Eight (8) feet by eighteen (18) feet (exclusive of access drives and parking aisles).

2.

Stacking spaces include the spaces at menu boards, service windows, and Automated Teller Machines (ATMs).

3.

Other uses. Uses other than those listed in Table 11-800.C that propose drive-through facilities shall provide a number of stacking spaces as approved by the city engineer, based on either:

a.

Functional comparability to a use that is listed in the table; or

b.

A study of comparable uses in the community or surrounding region that demonstrates that the proposed number of stacking spaces is adequate to prevent circulation conflicts on the parcel proposed for development and the abutting streets.

(m)

Uses that involve fleets or vehicle inventory. Uses that involve fleets of vehicles (e.g., home repair services) and uses that involve vehicle inventories (e.g., passenger vehicle sales or rental) shall provide parking for the fleet or inventory. Such parking shall not count toward the off-street parking requirements of this section.

(n)

Special parking studies. Some of the uses that are listed in Table 11-800.B have nonlinear or widely varying parking demand characteristics. Accordingly, Table 11-800.B indicates that the parking requirements for such uses are established by a "special study," which shall be conducted according to the standards of this subsection.

1.

Requirements. The special study shall provide:

a.

A peak parking analysis of at least five (5) functionally comparable uses.

b.

Documentation regarding the comparability of the referenced uses, including: name, function, location, floor area, parking availability, access to transportation network (including vehicular, bicycle, pedestrian and transit), use restrictions, and other factors that could affect the parking demand.

2.

Conduct of study. The special study shall be conducted by a professional engineer or transportation planner with experience in parking analysis and planning.

a.

The city may retain a qualified parking specialist, at the applicant's expense, to prepare the special study and provide recommendations to the city; or

b.

The city may rely on the applicant's selected parking specialist to conduct the study, with review provided by city technical staff and/or consultant.

3.

Parking determination and appeals. If the planning commission, in consultation with the city engineer, does not accept the off-street parking supply for the use, or mix of uses, as recommended by the special study, then the off-street parking supply shall conform to the standard requirement of this section. The applicant may appeal the decision to city council.

4.

Future parking reserve. As a condition of approval of a special study, the planning commission may require a reserved open area on the site for additional parking if:

a.

There is a demonstrably high probability the use could change, resulting in a higher demand for parking; or

b.

The case involves a phased development with the potential for a change in the nature or mix of uses in later phases, resulting in a higher demand for parking; or

c.

The variability in the special study justifies the reservation of additional land to mitigate a material risk that the use may be insufficiently parked.

Areas that are reserved or land-banked shall be of appropriate location and dimension to provide for the additional parking by connection to existing parking areas. Once the project is occupied and well established, if there is a surplus of parking, the applicant may request approval for additional development capacity and parking using the reserved area.

5.

The potential parking credits and reductions set out in subsections (l), Credits for on-street and public parking, and (m), Reduction of parking requirements by provision of bicycle amenities, below, are not available to uses that base their parking on a special study unless the study methodology specifically addresses these credits and reductions and determines that they are appropriate.

(o)

Credit for on-street and public parking. In the Urban (U) district, on-street parking and parking in public lots and/or garages may be credited to particular uses in accordance with the formula:

Parking Credit = 0.8 × (A × P), where:

"A" is equal to the area of the applicant's parcel divided by the area within six hundred (600) feet of the boundaries of the parcel proposed for development that are within the same zoning district in which the parcel is located; and

"P" is equal to the total number of unrestricted parking spaces on streets and in public parking lots and/or garages that are located within six hundred (600) feet of the boundaries of the parcel proposed for development that are within the same zoning district in which the parcel is located.

The values for "A" and "P" shall be documented by the applicant.

(p)

Reduction of parking requirements by provision of bicycle amenities. The planning commission may authorize up to a five (5) percent reduction in the number of required off-street parking spaces, in addition to other potential parking reductions and credits provided under this section, for development that provides amenities for bicyclists on the subject property or incentives for bicycle use that are in addition to the required provision of dedicated bicycle parking spaces. Examples of accommodations that would qualify for the credit include:

1.

Enclosed bicycle lockers; or

2.

Employee shower facilities, lockers and dressing areas.

(q)

Shared parking for mixed-use developments. The planning commission may grant reductions in the total number of required parking spaces for mixed-use developments in the Commercial (C) and Urban (U) districts, as provided in this subsection, as this tends to decrease impervious surfaces and enhance the efficiency of land use by capitalizing on the synergy between varied uses in close proximity that have different peak parking demand periods.

1.

Shared parking table. Shared parking allows a reduction in the total number of required parking spaces when a parcel is occupied by two (2) or more uses that typically do not experience peak parking demands at the same time. When any land or building is used for two (2) or more use types that are listed below, the minimum total number of required parking spaces may be determined by the following procedure:

a.

Multiply the minimum required parking for each individual use type by the appropriate percentage listed in Table 11-800.D, Shared Parking Table, for each of the designated time periods. Do not include parking spaces that are reserved for use by specified individuals (e.g., "Reserved for Dr. Smith") or classes of individuals (e.g., "residents only"). Round up all fractions to the nearest whole number.

b.

Calculate a sum for all uses for each of the five (5) time periods (columns). The minimum parking requirement is the highest of these sums, plus the reserved spaces, if any, that were not included in the multiplication in the first step.

c.

The maximum reduction pursuant to Table 11-800.D shall be twenty-five (25) percent.

d.

If an applicant proposes to reduce required parking through the provisions of subsections (l), Credits for on-street and public parking, and/or (m), Reduction of parking requirements by provision of bicycle amenities, above, these reductions must be applied to one use within the proposed mixed-use development prior to calculating the shared parking reduction.

2.

Special shared parking study. As an alternative to the Shared Parking Table methodology, above, an applicant may propose a special study to document the parking required for mixed uses. This shall involve review of the peak parking demand periods for the proposed uses during a 24-hour weekday and each weekend day, and shall result in a proposed number of parking spaces to accommodate the combined peak hour parking demand. The study shall be conducted as provided in subsection (n)2., above. The study shall provide data on:

a.

The sensitivity of the proposed uses to change. For example, a center with no restaurant could have significant changes in parking if a restaurant was added.

b.

Similar mixes of uses in other areas of the community or surrounding region.

c.

Degree of variability of parking for individual uses (average, range and standard deviation).

3.

Design of shared parking. Where shared parking is implemented:

a.

A pedestrian circulation system shall be provided that connects uses and parking areas, making it easy and convenient to move between uses.

b.

All shared parking shall be located within one hundred fifty (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.

(r)

Shared parking among sites under different ownership. Adjoining developments with separate property ownership may propose shared parking arrangements in accordance with the purposes and procedure of subsection (m), above, with the following conditions:

1.

Table 11-800.D shall be used to calculate the reduction in required parking to be achieved through a shared parking arrangement.

2.

A plan for interconnected parking areas shall be provided.

3.

Easements shall be recorded that provide for, at a minimum:

a.

Cross-access among the parking areas and connections to permit parking by the different uses anywhere in the connected properties;

b.

A pedestrian circulation system that connects uses and parking areas, making it easy and convenient to move between uses;

c.

Allocation of maintenance responsibilities.

(s)

Bicycle parking. Bicycle parking shall be required for all parcels proposed for non-residential and/or multiple-family residential development that will have off-street parking with twenty (20) or more vehicular parking spaces.

1.

Bicycle parking shall be provided in the following amounts:

a.

Surface parking areas. One bicycle parking space per ten (10) required vehicle parking spaces.

b.

Parking structures. One bicycle parking space per twenty (20) required vehicle parking spaces.

c.

No more than thirty (30) bicycle parking spaces shall be required on any parcel proposed for development to which this subsection applies.

d.

If the number of required vehicular parking spaces is reduced through the shared parking provisions of subsection (n), above, then the number of bicycle spaces provided shall be based on the number of such spaces required after application of subsection (n). However, if the number of vehicular parking spaces is reduced by application of subsections (l), Credits for on-street and public parking, and/or (m), Reduction of parking requirements by provision of bicycle amenities, above, then the number of bicycle spaces shall be based on the number of vehicular parking spaces that were required before application of subsections (l) and/or (m).

2.

Design standards for bicycle parking.

a.

Areas devoted to bicycle parking shall be hard surfaced.

b.

Bicycle racks shall be provided, and must be securely anchored.

c.

Bicycle racks are not required for bicycle parking associated with multi-family residential uses. Required bicycle parking for such uses may be provided in garages, storage rooms and other resident-accessible, well-lit and secure areas.

3.

Location of bicycle parking.

a.

Short-term bicycle parking (for visitors and customers versus longer-term parking for residents and employees) shall be located within fifty (50) feet of the principal building entrance, at the same grade as the sidewalk or accessible route.

b.

If authorized by the planning commission, upon favorable recommendation of the city engineer, some or all of the required bicycle parking may be located within a public right-of-way, provided that pedestrian, wheelchair and bicycle circulation paths are not obstructed.

4.

Shared bicycle parking. The planning commission may allow the required bicycle parking for a development to be consolidated with the bicycle parking of an adjacent development if the parking location is within one hundred fifty (150) feet of the principal building entrance of the development that would benefit from the off-site bicycle parking. Such shared provision of required bicycle parking shall be evidenced by a written agreement executed by both property owners.

5.

Adjustments. The planning commission may reduce the number of required bicycle spaces, potentially to zero, if the applicant demonstrates that:

a.

The use is not likely to generate significant bicycle traffic; or

b.

It is physically impractical to provide bicycle parking at the subject location.

(t)

Loading spaces. Loading spaces shall be provided as required by this section:

1.

Number required in C district. One loading space shall be required for the first fifty thousand (50,000) to one hundred thousand (100,000) square feet of floor area for commercial uses in the C district that have at least fifty thousand (50,000) square feet of floor area. Then, one space shall be required for each additional two hundred thousand (200,000) square feet of commercial floor area.

a.

Loading space dimensions. Each required loading space shall have minimum dimensions of at least fourteen (14) feet by seventy (70) feet, with at least seventeen (17) feet of vertical clearance.

2.

On-street loading in U district. On-street, over-the-curb loading is permitted in the U district between the hours of 7:00 a.m. and 10:00 p.m.

(u)

Use of parking and loading areas. Required off-street parking spaces shall be available for operable passenger automobiles (and bicycles, as applicable) of the residents, customers, patrons and employees of the use to which they relate. The following activities are prohibited on portions of development sites devoted to required off-street parking:

1.

Merchandise display and sales. The display, sale and/or storage of merchandise (or of vehicles for sale) is prohibited in any portion of a required off-street parking area, except as may be authorized elsewhere in this ordinance or the City Code (e.g., temporary outdoor sales).

2.

Storage.

a.

Storing materials, boats, campers, recreational vehicles or inoperable vehicles, or parking trucks or trailers, is prohibited in parking areas, unless:

(1)

The outdoor storage use is permitted in the applicable zoning district and approved for the subject property;

(2)

The areas that are set aside for such parking are not counted towards the parking requirements for the use; and

(3)

The areas that are set aside for such parking comply with the requirements for outdoor storage (e.g., buffering or screening of outdoor storage areas).

b.

The long-term storage of trailers in loading spaces is prohibited. Such spaces shall be available for routine use by delivery vehicles.

c.

Trash enclosures, dumpsters and transformers shall not be located in parking areas.

3.

Vehicle work. No work on vehicles, of any kind or nature (e.g., mechanical repair, cleaning, etc.), is permitted within off-street parking areas.

4.

Blocking access.

a.

Blocking loading spaces or parking spaces is prohibited.

b.

Loading spaces or parking spaces shall not be designed or located in a manner that blocks access to other loading spaces, parking spaces, driving aisles, fire lanes, ingress or egress points, or building entrances.

c.

Parking, loading and access areas shall be kept free of permanent or moveable structures, of any type (e.g., trash receptacles or compactors), which block access.

d.

Parking within a driveway approach or across public sidewalks is prohibited.

(Ord. No. 94-435, 9-12-94; Ord. No. 2000-516, 5-8-2000; Ord. No. 2000-528, § 1, 12-11-2000; Ord. No. O2013-712, Exh. B, 8-12-13)

Editor's note— See the editor's note following § 11-400.

Except for R-1, R-2, and R-3, the following improvement and building standards shall apply to all new construction, unless the specific district(s) to which they are to apply are identified below:

(a)

Lighting regulations. All outside lights shall be directed or hooded so that their rays are directed toward the ground and away from adjacent residential property. No outside light shall be directed nearer to a side or rear property line than the height of the light.

(b)

Sidewalk regulations. The property owners shall construct and maintain concrete sidewalks in accordance with the City of Nassau Bay specifications to provide the occupants with convenient access to the parking areas and adjacent streets and along abutting streets.

(c)

Utility easement regulations. If any structure is not adjacent to the utility easements serving the structure, such structure shall not be used unless and until the owner of the lot dedicates an irrevocable adequate utility easement running with the land across any area existing between such serving utility easement and the structure. All utility easements must be at least fifteen (15) feet wide, unless they adjoin and abut upon a dedicated street, in which event, the minimum width shall be seven and one-half (7½) feet on each side of the paved portion of such street. The owner shall install, maintain and pay for all public utilities on the owner's property which shall be placed and kept underground outside of buildings. In the undeveloped property within the R-1, R-2 and RM-1 districts, all utilities shall be placed and kept underground outside of buildings at the developer's expense as a requirement for issuance of building permits and approval of plat plans.

(d)

Partition and exterior wall regulations. The partition wall or walls of each attached one-family residence shall be nonbearing and shall have a fire resistance rating of at least two (2) hours. An exterior front or rear wall may be constructed of combustible material, permissible in single-family residences, provided that the end walls extend beyond such front or rear wall a minimum of twenty-four (24) inches in all places.

(e)

Interior street regulations. The term "interior street" shall apply to all streets, public and private, within an attached one-family residence building site. Interior streets shall have a minimum right-of-way width in accordance with city ordinance number 24-137 [Appendix B of this Code] and shall be developed with a minimum width thirty-six-foot concrete paved section, all in accordance with the City of Nassau Bay standards, and at the owner's expense. Interior streets paved in accordance with the City of Nassau Bay's specifications, and not a part of the parking area, shall be provided, at the owner's expense, for access to all attached one-family residence for fire and police protection, and for garbage pickup. Each row of attached one-family residences shall abut on an existing public street of the City of Nassau Bay, or upon an interior street, but in addition to abutting on such streets, it may also be additionally served by a concrete public alley without curbs, not less than thirty-six (36) feet in width, adequately drained with catch basins and storm sewers in the center, all constructed at the developer's cost, in accordance with the City of Nassau Bay, Texas, specifications, which alley shall form no part of the parking spaces required by this ordinance.

(f)

Curb and gutter, street paving, and fire hydrant regulations. Before becoming entitled to a building permit for the erection of any building in any of the said districts, the lot owner, at owner's expense, shall cause a fire hydrant to be installed within three hundred (300) feet of the furthermost extremity of the proposed building, if none exist within that distance; and, at the owner's expense, shall provide concrete curbs and gutters, all in accordance with the specifications of the City of Nassau Bay, Texas, on the abutting streets where they do not exist, and shall provide concrete paving for such curbs and gutters to the existing pavement on such abutting public streets, or the center thereof, if closer, in accordance with the specifications of the City of Nassau Bay for concrete paving.

(g)

Storage area regulations. There shall be at least one storage area of at least forty (40) feet in ground area upon each attached one-family residence lot, which, except when completely enclosed and contained within the attached one-family residence proper, or garage, shall be enclosed by a screening wall.

(h)

Platting regulations. The owners of each attached one-family residence building site shall prepare and submit to the planning commission of the City of Nassau Bay for approval a plat of the proposed attached one-family residence subdivision, setting forth all the matters required to be set forth in the platting of a subdivision by Article 974a of Vernon's Civil Statutes of the State of Texas, as amended, the dedications and acknowledgments required by that act, and shall also show on such plat the dimensions and all of the matters required for attached one-family residences by this ordinance and their dimensions, including, without limitation thereby, the location of all screening walls, streets, alleys, yards, lots, storage area, courtyard, parking area, living area, interior street, easement, setback lines, utility lines, fireplug, area for common use, and other matters required or permitted by ordinance. Such owners shall endorse on such plat a dedication and conveyance of all interior streets shown on such plat to the City of Nassau Bay, Texas, and of all other areas not shown on such plat as individual lots, to all of the individual lots, and their owners then, and hereafter, in equal undivided interests, as appurtenances running with the land. If the plat conforms to all the requirements of said Article 974a and of this ordinance, it shall be approved by said planning commission; otherwise, it shall be disapproved and no building permit or certificate of occupancy permit shall be issued for any structure on such site.

(i)

Drainage regulations. Before becoming entitled to a certificate of occupancy, an adequate drainage system shall be provided by the property owner to drain each property into the city's storm sewer system, in accordance with plans and specifications approved by the building official. The finished floor elevation of all buildings shall be at least twenty-one and one half (21½) inches above the highest gutter elevation on streets adjacent to and abutting upon each lot.

(j)

Landscaping and planting. Any portions of lots not required for buildings, entrances, sidewalks, or parking areas shall be landscaped and planted, and so maintained by the owners.

(k)

Water and sewer regulations. Adequately sized circulating looped water lines approved by the building official shall be installed and connected with the city lines, at owner's expense for domestic use and fire protection. Adequately sized sanitary sewer lines approved by the building official to dispose of sanitary wastes shall also be installed and connected with the city's sanitary sewer system, at the owner's expense.

(l)

Trash disposal regulations. Except for Dempster Dumpster-type containers which may be located outside the main building, trash disposal and storage shall be entirely within the main buildings and if there is an incinerator, it shall be located inside the main buildings and be built in accordance with the City of Nassau Bay's building code and approved by the city fire marshal.

(m)

Fire regulations. All of the districts except residential structures and their accessory buildings in R-1, R-2, RM-1, and RM-2 residential districts covered hereby shall be, and the same hereby constitute, together with all improvements therein, the fire district of the City of Nassau Bay, Texas.

(n)

Motel and hotel regulations. No building used as a motel or a hotel shall contain less than two hundred fifty (250) square feet of floor area in each living unit. For motels and hotels, that lot shall contain not less than two hundred fifty (250) square feet of open space for each living unit. Each motel or hotel or suite of rooms shall have at least one complete bathroom.

(Ord. No. 91-398, §§ 1, 2, 5-13-91; Ord. No. O2013-712, Exh. B, 8-12-13)

Editor's note— See the editor's note following § 11-400.

Area regulations for accessory buildings and structures in residential and multi-family districts:

Front yard. Attached accessory buildings shall have a front yard not less than the main building. Detached accessory buildings shall be located to the rear or to the side of the main building and in no case shall any part of such building be located within the required front yard.

Side yard. There shall be a side yard for any detached accessory building of not less than three (3) feet from any side lot line when such detached accessory building is located in the rear of the lot (the rear of a line erected connecting the midpoints on the two (2) opposite side lot lines of any lot, tract or plat). When a detached accessory building is located in front of the line connecting two (2) midpoints of the opposite side lines as herein described, such accessory building shall observe the same side yard as specified for the main building.

Garage access. An attached or detached garage shall have a front yard not less than that required for the main building and in no case shall a garage door be located nearer than twenty (20) feet to the street on which it faces.

Rear yard. There shall be a rear yard for accessory buildings not less than three (3) feet from any lot line, alley line or easement line, except that if no alley exists the rear yard shall not be less than eight (8) feet as measured from the rear lot line. Where apartments are permitted, the main building and all accessory buildings shall not cover more than fifty (50) per cent of the rear of the lot (that portion of the lot lying to the rear of a line erected joining at the midpoint of one side lot line with the midpoint of the opposite side lot line).

Air conditioning or similar accessory equipment. Air conditioning compressors, cooling towers, pool pumps, pool filters, pool heaters, whole-house generators and similar accessory equipment located in residential districts are subject to all front, side or rear yard requirements specified for accessory buildings. When such accessory structures are located in the side yard of that portion of a lot herein designated as the rear of the lot, the minimum side yard clearance shall be three (3) feet. When such accessory structures are located forward of the line dividing the rear of the lot from the front of the lot, the accessory structures are subject to the same side yard requirements as for the main structures, except air conditioner compressors which may be no closer than three (3) feet to the side lot line.

Accessory equipment (including, but not limited to air conditioner compressors, cooling towers, pool pumps, pool filters, whole-house generators), which are elevated above ground level and their associated support structure (attached or non-attached), must also be no closer than three (3) feet to the side lot line to assure ground-level accessibility and safety and minimize aerial intrusion. Accessory equipment shall not be enclosed (reference article IV). In addition, the area below the elevated equipment cannot be enclosed or used for storage. Accessory equipment may be screened (no solid walls). Screening of accessory equipment should be consistent manufacturer's air flow recommendations.

An elevated building structure (e.g., porch) to provide access to elevated accessory structures (including, but not limited to air conditioner compressors, cooling towers, pool pumps, pool filters, whole-house generators) from the first livable-floor level is subject to the setback requirements for a building.

Accessory uses in PO-1. Uses such as newsstands, drugstores and cafeterias which are permitted in the PO-1 district as accessory uses to primary office use shall be contained within the office building structure and no exterior advertising sign (unless flush with the building) or outside merchandise display shall be permitted.

(Ord. No. O2013-712, Exh. B, 8-12-13; Ord. No. O2017-767, § 1, 3-19-18)

Editor's note— See the editor's note following § 11-400.

Location of dwellings and buildings. Only one main building for one-family or multiple-family use with permitted accessory buildings may be located upon a lot or unplatted tract unless such structures are located on an officially approved site plan. Each dwelling shall face or front upon a public street, or approved place, other than an alley, which means of access shall have a minimum width of thirty-six (36) feet. Where a lot is used for retail, commercial or industrial purposes, or a combination of same, more than one main building may be located upon the lot, but only when such buildings conform to all the open space, parking and density requirements applicable to the use and districts in which they are located. Whenever two (2) or more main buildings, or portions thereof, are desired to be placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the planning commission so as to comply with the normal requirements for platting. No parking area, loading area, or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use.

Temporary construction buildings. Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a permit issued by the building official and subject to periodic renewal for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the owner's expense.

(Ord. No. O2013-712, Exh. B, 8-12-13)

Editor's note— See the editor's note following § 11-400.

(a)

Temporary storage containers are defined as transportable box-like containers intended for the purpose of storing household goods and other personal property to be filled, refilled, or emptied while located outdoors on a residential property for a limited period of time.

(b)

No temporary storage container shall be placed on or at a property without obtaining a permit. The property owner or property manager, in case of rental units, shall obtain a permit from the city building department. To obtain a permit, the property owner or property manager shall complete an application form provided by the city building official.

(1)

Applications shall include, but not be limited to the following:

a.

The names and phone numbers of the owner or manager of the property on which the temporary storage container is to be placed; and

b.

The name, address, and telephone number of the individual or company that owns the temporary storage container; and

c.

A plot plan showing the proposed location of the temporary storage container on the site in relation to the street, driveway, and primary structure; and

d.

Any other information that the building official may require.

(2)

In the case of a tenant or property owner using the same container to move between properties in the city, only one permit is required. A plot plan for both locations must be submitted.

(c)

Duration. Temporary storage containers may be placed on a property for a period not to exceed fourteen (14) calendar days. At the end of the fourteen-day period, an extension of seven (7) days maybe granted for good cause by the building official. In no case shall a temporary storage container remain on a property more than twenty-eight (28) days in a calendar year.

(d)

Size. A temporary storage container shall be no greater than one thousand two hundred (1,200) cubic feet in size.

(e)

Number of units. Only one permit for a temporary storage container shall be issued for a dwelling at any one time.

(f)

Location. Placement of the temporary storage container shall meet the following provisions:

(1)

The unit shall be placed in the driveway or on an approved paved parking area on the property.

(2)

The unit shall not be placed on any public right-of-way.

(3)

In a multi-family complex, the unit shall be placed as close to the dwelling unit as possible.

(4)

At the discretion of the building official, the unit may be placed in an alternate location.

(g)

Signs. The only signage allowed on a temporary storage container is the name, address, and telephone number of the owner of the container.

(h)

Storage of hazardous material within the temporary storage container is prohibited.

(i)

During a recognized emergency, the mayor may order all temporary storage container permits revoked and the temporary storage containers to be removed from the city.

Penalty. Penalty for violation of this ordinance shall be in accordance with section 5-300, Appendix A, Zoning, of the Code of Ordinances.

(Ord. No. 2007-630, 8-13-07; Ord. No. O2013-712, Exh. B, 8-12-13)

Editor's note— See the editor's note following § 11-400.

No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract or building lot has been created by compliance with of the following conditions.

The lot or tract is part of a plat of record, properly approved by the planning commission and filed in the plat records of Harris County.

The site plot or tract is all or part of a site plan officially approved by the city council in a community unit development after recommendation by the planning commission, which site plan provides all utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for platting including the designation of building areas and such easements, alleys and streets that have been properly dedicated and the necessary public improvements provided.

(Ord. No. O2013-712, Exh. B, 8-12-13)

Editor's note— See the editor's note following § 11-400.