This ordinance [Article 16.6] amends the comprehensive zoning ordinance of the City of Nassau Bay, Texas, by requiring approval of a site plan prior to commencement of any construction, remodeling, expansion or demolition, and requiring architectural review and approval in all marine zones. Construction according to the water uses permitted therein must meet the standards contained in the City of Nassau Bay Building Code.

(Ord. No. 94-435, 9-12-94)

All new construction, subsequent construction, remodeling with exterior exposure, expansion and demolition of structures in the marine zones must be reviewed and approved by the planning commission prior to commencement of any building or construction on-site activity. This approval can be secured in a planning commission public hearing, or if council has exercised its final review power as thereafter reserved, in a regular city council meeting. All submittals to the planning commission should be in eight (8) copies. Hearing requests and all submittals must be made two (2) weeks prior to hearings. The procedures are set forth as follows:

(1)

Preliminary sketches. The builder/developer or his designee shall review the Nassau Bay ordinances and then prepare an easily readable sketch of the undeveloped marine area showing significant existing physical features, including channels, sandbars, vegetation, etc. Another preliminary sketch shall depict site size (area), structure size (square footage), structure height (feet), setbacks, relation of proposed structure to the abutting land area, and preliminary utility layout.

For the site plan review, the building/developer or his designee shall submit documentation indicating approval of the proposed construction from other appropriate government agencies including the general land office and Corps of Engineers, who have jurisdiction over construction in marine zones.

(2)

Preliminary plans. These plans are to include, but are not limited to, the following: This submittal shall incorporate the interaction generated in Step One and present a refinement of the surface (plot plan) and utility service and include exterior design elevations, materials, and colors. The builder/developer shall submit a rendering of exterior building or structure appearance as a supplement to this submittal. These plans shall be presented in the format typically produced by a registered, professional architect. Steps One and Two may be combined in one presentation.

(3)

Final submittals. The final submittal shall consist of a site plan as described in the site plan checklist, which is included in Ordinance No. 86-343 as "Exhibit A" and incorporated herein by reference. Processing time by the planning commission may be slightly longer than in Step One and Step Two and may include referral to a qualified outside consultant. Steps One, Two and Three may be combined in one presentation. All components of building design must adhere to the City of Nassau Bay Building Code.

The planning commission's approval of preliminary plans shall not constitute the Nassau Bay Building Inspector's acceptance of the final construction drawings or approval to begin construction. The final construction plans, including site plan, floor plans, utility plans, elevations, sign plans, and exterior materials shall be submitted to and approved by the Nassau Bay Building Inspector prior to any construction. Approval of segments of the plans is only an intermediate step in the planning commission's approval process, and planning commission's approval of final plans will be contingent upon compliance with the approved Nassau Bay site plan review.

The building inspector shall ensure that all agreements leading to final approvals by the planning commission and city council on items in this ordinance are incorporated prior to issuance of a building permit.

(4)

Requirements for Nassau Bay marine site plan and site review:

(a)

Introduction. These requirements are intended to help land developers in planning their marine projects. The requirements will provide direction to the builder/developer by defining certain items and areas which are common to the project as a whole and items over which the City of Nassau Bay will exert strict control.

(b)

Site plan review. All marine development in Nassau Bay will be subject to a site plan review and approval as a precondition for new marine construction, subsequent construction, exterior remodeling, expansion, and demolition of structures in the marine zones.

1.

The objectives of a marine site plan review are:

a.

The health, safety and general welfare of the community.

b.

Satisfaction of Nassau Bay's zoning ordinance's, purposes and standards.

c.

Protection and preservation of natural features and adjacent properties.

d.

Siting of structures for a good overall design.

e.

Efficient, functional development.

f.

Adherence to architectural guidelines.

2.

Site plan [contents]. A site plan is a development plan, drawn to scale, showing uses and structures proposed for a water area as required by the regulations involved, including such details as the following:

a.

The existing and proposed conditions of the water area and major features, both natural and man-made;

b.

The location of all existing and proposed structures, lot lines, utility services, signs, lighting, architecture, choice of building material and colors; and

c.

Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the planning commission.

3.

Site plan review procedure. The planning commission will review all marine development plans within the City of Nassau Bay in a public hearing and make a recommendation to the city council for approval or disapproval. The city council shall retain final approval power as is required in zoning decisions by statute and by the city zoning ordinance. Such final approval shall be presumed granted by council unless said site plan review is scheduled on council's agenda for the meeting next following the planning commission meeting wherein said commission approval was recommended.

(Ord. No. 94-435, 9-12-94)