Port Neches City Zoning Code

ARTICLE 126

4. - SCHEDULE OF DISTRICT REGULATIONS

Sec. 126.4.1. - R-SF Residential-Single-Family.

126.4.1.1. Purpose. The purpose of this zone is to provide single-family dwelling units and other uses which maintain the low-density residential nature of the district.

126.4.1.2. Permitted uses.

(a)

One single-family dwelling unit per lot. Only conventional building materials listed in the International Building Code will be used for structural and finish materials. Tin, cardboard, and plywood will not be used as exterior finish materials in any structure;

(b)

Accessory structures, permanent or otherwise, and uses including detached private garages not greater than one story and not greater than 1,600 square feet in floor area, carports, private workshops, greenhouses, home occupations and other structures that are customarily incidental to the principal structures. There is no limit on the number of accessory structures per lot;

(c)

Public parks, playgrounds, or ball fields, or other public recreation facilities owned and/or operated by the city or other public agency;

(d)

Private kennels;

(e)

Home occupations as allowed in section 126.5.3;

(f)

A private swimming pool is permitted only when a protective fence, minimum four feet in height, is provided around the yard, lot, or pool area. The pool shall be no closer than five feet from any property line, and approval from all utilities is required to insure overhead safety;

(g)

Other permitted uses as identified in the zoning district matrix.

126.4.1.3. Conditional uses (require permit).

(a)

Churches, hospitals, schools, and religious and philanthropic institutions provided, however, that such uses shall be located on sites of sufficient size to meet off-street parking requirements of this chapter and to provide setback from all property requirements of this article and to provide setback from all property lines a distance of at least one foot for each foot of building height or yard setback minimums as set out in this section, whichever is greater;

(b)

Real estate sales office in connection with a specific development, allowable only as a renewable conditional use for six months at a time for a maximum of two years;

(c)

Recreational facility (nonprofit) such as a community center, swimming pool, or tennis club;

(d)

Child care homes;

(e)

Private utility services, excluding sanitary landfills, incinerators, refuse and trash dumps;

(f)

Other uses permitted as a conditional use as identified in the zoning district matrix.

126.4.1.4. Area and dimensional regulations.

(a)

Height. No building or structure shall exceed two stories in height, except that accessory objects which are usually required to be placed above the roof level, do not consume more than one-third of the total roof area, and are not intended for human occupancy, may exceed this height;

(b)

Buildable area. The area in which development subject to this section may occur, and which is defined by the side and rear setback planes required by this section, together with the area defined by the front, side, and rear yard setbacks and the maximum height limit;

(c)

Building area. A minimum of 1,300 square feet of living area is required;

(d)

Front yard. The front yard shall not be less than 25 feet as measured from the front property line to the closest portion of the principal structure;

(e)

Side yard. Interior side yards (not adjacent to a street) shall not be less than five feet. An exterior side yard adjacent to a street (corner side yard) shall not be less than 15 feet wide;

(f)

Rear yard. The rear yard shall be not less than 25 feet for the main or primary building;

(g)

Lot area. All lots shall have a minimum of 5,500 square feet in area. (See section 102-5(3) of this Code);

(h)

Lot width. All lots shall have a minimum of 50 feet of width as measured at the front and rear building setback line, whichever is less. (See section 102-5(3) of this Code);

(i)

Lot depth. All lots shall have a minimum lot depth of 110 feet. (See section 102-5(3) of this Code);

(j)

Location of accessory buildings. Accessory buildings shall maintain a minimum five-foot side yard, and shall be located behind the main building but not less than five feet from the rear lot line;

(k)

Accessory building area. A minor building, not part of the principal structure, that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. Included in accessory building is a minor building that is incidental to, but located on the same lot or parcel as, the principal structure. A detached one-story garage with a maximum area of 1,600 square feet is exempt from inclusion within the maximum area of accessory buildings allowed on each single lot. All accessory buildings greater than one story in residential districts shall be placed only between the rear of the principal structure and the rear lot line. In no case shall accessory buildings be place in front of the principal structure. An accessory building cannot be occupied or used as living quarters.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.2. - R-T Residential-Townhouse.

126.4.2.1. Purpose. The purpose of this zone is to provide a mix of single-family and townhouse dwellings, to accommodate a maximum density of 15 dwelling units per gross acre, in order to create a more urban appearance, more housing choices and variety.

126.4.2.2. Permitted uses.

(a)

Single-family detached dwellings, one dwelling unit per lot. Only conventional building materials listed in the International Building Code will be used for structural and finish materials. Tin, cardboard, and plywood will not be used as exterior finish materials in any structure;

(b)

Attached townhouse single-family dwellings, one dwelling unit per lot, with a minimum of three and a maximum of eight attached or detached dwelling units under one roof;

(c)

Accessory structures, permanent or otherwise, and uses including detached private garages not greater than one story and not greater than 1,000 square feet in floor area, carports, private workshops, greenhouses, home occupations and other structures that are customarily incidental to the principal structures;

(d)

Public parks, playgrounds, or ball fields, or other public recreation facilities owned and/or operated by the city or other public agency;

(e)

Real estate sales office in connection with a specific development, allowable only as a renewable conditional use for six months at a time for a maximum of two years;

(f)

A private swimming pool is permitted only when a protective fence a minimum of four feet in height is provided around the yard, lot or pool area. The pool shall be no closer than five feet from any property line;

(g)

Home occupations as allowed in section 126.5.3;

(h)

Use as associated with Residential-Single-Family;

(i)

Other uses as identified in the zoning district matrix.

126.4.2.3. Conditional uses (require permit).

(a)

Child care homes, child care group homes, and day care centers;

(b)

(c)

Recreational facilities (nonprofit) such as community centers, swimming pools, or tennis clubs;

(d)

Golf courses and country clubs;

(e)

Cemeteries and mausoleums;

(f)

Nursing homes, assisted living facilities, and community homes;

(g)

Private utility services, excluding sanitary landfills, incinerators, refuse and trash dumps;

(h)

Other uses permitted as a conditional use as identified in the zoning district matrix.

126.4.2.4. Area and dimensional regulations. All single-family detached units shall comply with the area and dimensional regulations of the R-SF zone. (See section 102-5(3) of this Code.)

All townhouse single-family units shall comply with the area and dimensional regulations listed below:

(a)

(b)

Building area. A minimum of 1,300 square feet of living area is required;

(c)

Front yard. The front yard shall not be less than 20 feet, as measured from the front property line to the closest portion of the principal structure;

(d)

Side yard. Interior side yards (not adjacent to a street) shall not be less than zero feet. An exterior side yard adjacent to a street (corner side yard) shall not be less than 15 feet wide. A minimum five-foot side yard is required on end units not adjacent to a street;

(e)

Rear yard. The rear yard shall be not less than 15 feet for the main or primary building;

(f)

Lot area. All lots shall have a minimum of 3,000 square feet in area;

(g)

Lot width. All lots shall have a minimum of 30 feet of width as measured at the front and rear building setback line, whichever is less;

(h)

Lot depth. All lots shall have a minimum lot depth of 100 feet;

(i)

Lot coverage. No more than 60 percent of the lot area shall be covered by the combined area of the main buildings and accessory buildings;

(j)

Location of accessory buildings. Accessory buildings shall maintain a minimum five-foot side yard, and shall be located behind the principal structure but not less than five feet from the rear lot line. One-story accessory buildings for single-family detached units shall be placed on the side or between the rear of the principal structure and the rear lot line. Any accessory building greater in height than one story must be place between the rear of the principal structure and the rear lot line;

(k)

Accessory building area. The total interior square footage of all accessory structures shall not exceed 25 percent of the interior square footage of the principal structure on the lot. A private, detached one-story garage not exceeding 1,000 square feet in floor area is exempt from inclusion in the maximum accessory building area allowable.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.3. - R-Z Residential-Zero Lot Line (zero lot line concept single-family residential).

126.4.3.1. Purpose. The purpose of this zone is to provide an alternative building layout district for single-family detached dwellings to accommodate a maximum density of ten dwelling units per gross acre in order to create a more urban appearance.

126.4.3.2. Permitted uses.

(a)

(b)

Accessory structures, permanent or otherwise, and uses including detached private garages, carports, private workshop, greenhouses, home occupations, and other structures that are customarily incidental to the principal structures;

(c)

Public parks, playgrounds, or ball fields, or other public recreation facilities owned and/or operated by the city or other public agency;

(d)

Real estate sales office in connection with a specific development, allowable only as a renewable conditional use for six months at a time for a maximum of two years;

(e)

(f)

Home occupations as allowed in section 126.5.3;

(g)

Other permitted uses as identified in the zoning district matrix.

126.4.3.3 Conditional uses (required permit).

(a)

Child care homes, child care group homes, and day care centers;

(b)

(c)

Recreational facilities (nonprofit) such as community centers, swimming pools, or tennis clubs;

(d)

Golf courses and country clubs;

(e)

Cemeteries and mausoleums;

(f)

Nursing homes, assisted living facilities, and community homes;

(g)

Private utility services, excluding sanitary landfills, incinerators, refuse and trash dumps;

(h)

Uses associated with Residential-Single-Family;

(i)

Uses associated with Residential-Townhouse;

(j)

Other uses permitted as a conditional use as identified in the zoning district matrix.

126.4.3.4. Area and dimensional regulations.

(a)

(b)

Building area. A minimum of 1,300 square feet of living area is required;

(c)

Front yard. The front yard shall not be less than 25 feet, as measured from the front property line to the closest portion of the principal structure;

(d)

Side yard. Side yards shall be as follows: zero side yard with a solid wall without doors or windows with the wall located on an interior side lot line adjacent to a dwelling with a ten-foot maintenance access easement with the allowance of a three-foot maximum roof overhang. An interior side yard adjacent to an existing nonzero lot line shall be a minimum of ten feet. A side yard adjacent to a side street (corner side yard) shall not be less than 15 feet wide. These maintenance easements and all necessary structural restrictions shall be shown on the preliminary and final recorded plat;

(e)

Rear yard. The rear yard shall be a minimum depth of 25 feet for the main or primary building;

(f)

Lot area. All lots shall have a minimum of 5,500 square feet in area;

(g)

Lot width. All lots shall have a minimum of 50 feet of width as measured at the front and rear building setback line, whichever is less;

(h)

Lot depth. All lots shall have a minimum lot depth of 110 feet;

(i)

Lot coverage. No more than 50 percent of the lot area shall be covered by the combined area of the main buildings and accessory buildings;

(j)

Location of accessory buildings. Accessory buildings, permanent or otherwise, shall maintain a minimum five-foot side yard, and shall be located behind the main building but not less than five feet from the rear lot line;

(k)

Accessory building area. The total interior square footage of all accessory structures shall not exceed 30 percent of the interior square footage of the principal structure on the lot. A private, one-story, detached garage, no greater in floor area than 1,000 square feet is not included in the maximum allowable accessory building area.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.4. - R-D Residential-Duplex (two-family residential).

126.4.4.1. Purpose. The purpose of this zone is to provide a mix of detached single-family dwelling units and two-family dwelling units (duplex) and other uses which maintain the medium-density residential nature of the district.

126.4.4.2. Permitted uses.

(a)

One detached single-family dwelling unit per lot or one two-family dwelling unit per lot. Only conventional building materials listed in the International Building Code will be uses for structural and finish materials. Tin, cardboard, and plywood will not be used as exterior finish materials in any structure;

(b)

Accessory structures, permanent or otherwise, and uses including private garages, carports, private workshops, greenhouses, home occupations and other structures that are customarily incidental to the principal structures;

(c)

Public parks, playgrounds, or ball fields, or other public recreation facilities owned and/or operated by the city or other public agency;

(d)

Home occupations as allowed in section 126.5.3;

(e)

(f)

Uses associated with Residential-Single-Family;

(g)

Uses associated with Residential-Townhouse;

(h)

Uses associated with Residential-Zero Lot Line;

(i)

Other permitted uses as identified in the zoning district matrix.

126.4.4.3. Conditional uses (require permit).

(a)

Churches, hospitals, schools, and religious and philanthropic institutions provided, however that such uses shall be located on sites of sufficient size to meet off-street parking requirements of this chapter and to provide setback from all property requirements of this article and to provide setback from all property lines a distance of at least one foot for each foot of building height or yard setback minimums as set out in this section, whichever is greater;

(b)

Real estate sales office in connection with a specific development, allowable only as a renewable conditional uses for six months at a time for a maximum of two years;

(c)

Recreational facility (nonprofit) such as a community center, swimming pool, or tennis club;

(d)

Child care homes;

(e)

Private utility services, excluding sanitary landfills, incinerators, refuse, and trash;

(f)

Other uses permitted as a conditional use as identified in the zoning district matrix.

126.4.4.4. Area and dimensional regulations.

(a)

Height. No buildings or structure shall exceed two stories in height, except that accessory objects which are usually required to be placed above the roof level, do not consume more than one-third of the total roof area, and are not intended for human occupancy, may exceed this height;

(b)

Building area. A minimum of 1,300 square feet of living area is required for a single-family dwelling unit and not less than 1,800 square feet of living area for a two-family residence is required;

(c)

Front yard. The front yard shall not be less than 25 feet, as measured from the front property line to the nearest portion of the principal structure;

(d)

Side yard. Interior side yards (not adjacent to a street) shall not be less than five feet. An exterior side yard adjacent to a street (corner side yard) shall not be less than 15 feet wide;

(e)

Rear yard. The rear yard shall be not less than 25 feet for the main or primary building;

(f)

Lot area. All lots shall have a minimum of 4,400 square feet in area for each family unit. A two-family unit would require a minimum of 8,800 square feet in area per lot;

(g)

Lot width. All lots shall have a minimum of 40 feet of width per family unit for two-family units (being a minimum width of 80 feet) with a minimum of 50 feet of width for a single-family unit, as measured at the front and rear building setback line, whichever is less;

(h)

Lot depth. All lots shall have a minimum lot depth of 110 feet;

(i)

Lot coverage. No more than 50 percent of the lot area shall be covered by the combined area of the main buildings and accessory buildings;

(j)

Location of accessory buildings. Accessory buildings, permanent or otherwise, shall maintain a minimum five-foot side yard, and shall be located behind the principal building but not less than five feet from the rear lot line. One-story accessory buildings may be located on the side of the principal building but, in no case, in front of the principal building;

(k)

Accessory building area. The total interior square footage of all accessory structures shall not exceed 40 percent of the interior square footage of the principal structure on the lot. Detached private one-story garages with no more than 1,000 square feet in floor area (maximum of one per living unit) are exempt from inclusion in the maximum accessory building area allowable.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.5. - R-MF Residential-Multi-Family.

126.4.5.1. Purpose. The purpose of this zone is to accommodate multi-family dwelling units, to accommodate a maximum density of 18 dwelling units per gross acre.

126.4.5.2. Permitted uses.

(a)

Multi-family dwellings, townhouses, row houses, and other dwellings with a minimum of three and a maximum of 12 attached dwelling units under one roof;

(b)

Boarding houses and fraternity and sorority houses;

(c)

Day care centers and private schools;

(d)

Accessory structures and uses including garages, carports, private workshop, greenhouses, home occupations, as allowed in section 126.5.3, and other structures that are customarily incidental to the principal structures;

(e)

Home occupations as allowed in section 126.5.3;

(f)

Public parks, playgrounds, or ball fields, or other public recreation facilities owned and/or operated by the city or other public agency;

(g)

Offices and office buildings;

(h)

Private clubs and lodges or orders when not operated for private profit;

(i)

A private swimming pool is permitted only when a protective fence four feet in height is provided around the yard, lot, or pool area. The pool shall be no closer than ten feet from any property line and approval from all utilities is required to insure overhead safety;

(j)

Leasing or rental offices in connection with a specific development;

(k)

Real estate sales office in connection with a specific development, allowable only as a renewable conditional use for six months at a time for a maximum of three years. Use shall discontinue upon completion of the development or within three years from date of original permit, whichever is sooner;

(l)

Other permitted uses as identified in the zoning district matrix.

126.4.5.3. Conditional uses (require use permits).

(a)

Child care homes, child care group homes, child care institutions, and day care centers. Play areas shall be in accordance with state licensing requirements and enclosed with a solid wall or fence five feet in height. An on-site stacking lane for autos shall be provided at least 15 feet in width and a minimum length of 27 feet for each ten children of maximum enrollment;

(b)

Construction yard or building (temporary use). Such yard or building shall be removed upon the completion of construction or within three years from date of permit, whichever is sooner. All such areas will be enclosed by a fence six feet in height;

(c)

Club buildings. Private clubhouses and game rooms are also permitted when used as part of an apartment, condominium, or townhouse complex, provided such building(s) shall not be located within 100 feet of an R-SF, R-Z, or R-D zone;

(d)

(e)

Community buildings;

(f)

Cemeteries or mausoleums;

(g)

Halfway houses, assisted living facilities, community homes, group homes, hospices, and nursing homes;

(h)

Private utility services, excluding sanitary landfills, incinerators, refuse and trash dumps;

(i)

Other permitted uses as a conditional use as identified in the zoning district matrix.

126.4.5.4. Area and dimensional regulations.

(a)

(b)

Front yard. The front yard shall be a minimum of 25 feet, as measured from the front property line to the closest portion of the principal structure;

(c)

Side yard. Interior side yards for residential uses (not adjacent to a street) shall not be less than five feet. An exterior side yard adjacent to a street (corner side yard) shall not be less than 15 feet wide. No side yard for allowable nonresidential uses shall be less than 15 feet;

(d)

Rear yard. The rear yard shall be not less than 25 feet for the main or primary building;

(e)

Lot area. All lots shall have a minimum of 5,500 square feet;

(f)

Lot width. All lots shall have a minimum of 50 feet of width, as measured at the front and rear building setback line, whichever is less;

(g)

Lot depth. All lots shall have a minimum lot depth of 110 feet;

(h)

Lot coverage. No more than 40 percent of the lot area shall be covered by the combined area of the main buildings and accessory buildings, except as a part of a conditional use;

(i)

(j)

Accessory building area. The total interior square footage of all accessory structures shall not exceed 20 percent of the interior square footage of the principal structure on the lot;

(k)

Parking. See section 126.5.5 for parking requirements.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.6. - R-MHS Residential-Mobile Home Subdivisions.

126.4.6.1. Purpose. The purpose of this zone is to accommodate detached single-family manufactured and mobile home subdivision developments together with such public and semipublic buildings and facilities and accessory structures or uses as may be necessary and are compatible to maintain and protect a low-density residential character.

126.4.6.2 Permitted uses.

(a)

Mobile homes, as provided in subsection 126.4.6.4 under "development requirements";

(b)

Manufactured homes, HUD (as defined in the federal Department of Housing and Urban Development code) and as provided in subsection 126.4.6.4;

(c)

Modular homes;

(d)

Accessory uses of buildings customarily incidental to a residential area including storage buildings, and carports;

(e)

Public parks, playgrounds, or ball fields, or other public recreation facilities owned and/or operated by the city or other public agency;

(f)

Home occupations as allowed in section 126.5.3;

(g)

(h)

(i)

Other permitted uses as identified in the zoning district matrix.

126.4.6.3. Conditional uses (require permits).

(a)

Child care homes and day care centers;

(b)

Cemeteries or mausoleums;

(c)

(d)

Community buildings;

(e)

Golf courses and country clubs;

(f)

Private kennels;

(g)

Private utility services, excluding sanitary landfills, incinerators, refuse and trash dumps;

(h)

Other permitted uses as a conditional use as identified in the zoning district matrix.

126.4.6.4. Development requirements. Mobile and manufactured homes used as dwellings shall comply with the following standards:

(a)

Maximum number of mobile or manufactured homes permitted per lot: one;

(b)

Minimum square footage of the mobile or manufactured home: 500 square feet and not less than ten feet in width;

(c)

The wheels and tongue of the mobile or manufactured home shall be removed prior to the tie-down process;

(d)

Mobile or manufactured home undercarriages shall be skirted within 30 days of placement upon the lot. The skirt or apron shall be continually and properly maintained between the bottom of the unit and the ground;

(e)

Utility connections, foundation specifications, tie-down specifications, and all other installation requirements shall be done at time of placement in accordance with the Texas Department of Labor and Standards' Texas Mobile Home Tie-Down Standards;

(f)

All mobile and manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401, et seq.

All other buildings shall comply with the standards required in the most restrictive zone which allows the nonmobile or nonmanufactured home use.

126.4.6.5. Area and dimensional regulations.

(a)

Height. Modular or manufactured homes and accessory buildings shall not exceed one story in height. No other buildings or structures shall exceed three stories in height, except that accessory objects which are usually required to be placed above the roof level, do not consume more than one-third of the total roof area, and are not intended for human occupancy, may exceed this height;

(b)

Minimum area. The minimum area for a mobile home subdivision shall be ten acres;

(c)

Front yard. The front yard shall be a minimum of 15 feet, as measured from the front property line to the closest portion of any structure (including mobile home and manufactured homes);

(d)

(e)

Rear yard. The rear yard shall be a minimum depth of 20 feet for the main or primary building;

(f)

Lot area. All lots shall have a minimum of 5,000 square feet;

(g)

Lot width. All lots shall have a minimum of 50 feet of width, as measured at the front and rear building setback line, whichever is less;

(h)

Lot depth. All lots shall have a minimum lot depth of 100 feet;

(i)

Lot coverage. No more than 40 percent of the lot area shall be covered by the combined area of the main buildings and accessory buildings, except by special permit;

(j)

Location of accessory buildings. Accessory buildings, permanent or otherwise, shall maintain a minimum five-foot side yard, and shall be located along the side or behind the front of the principal building but not less than five feet from the rear lot line;

(k)

Accessory building area. The total interior square footage of all accessory structures shall not exceed 20 percent of the interior square footage of the principal structure on the lot.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.7. - R-MHP Residential-Mobile Home Park.

126.4.7.1. Purpose. The intent of this zone is to provide for park development which accommodates manufactured and mobile home units and accessory structures or uses as may be necessary and are compatible with residential development.

126.4.7.2. Permitted uses.

(a)

Mobile homes as provided in subsection 126.4.7.4 under "development requirements," below;

(b)

Manufactured homes, HUD (as defined in the federal Department of Housing and Urban Development code) and as provided in section 126.4.6.4;

(c)

Accessory uses of buildings customarily incidental to a residential area including storage buildings, and carports;

(d)

Administrative and management offices for mobile home parks;

(e)

Storage buildings related to principal structure or business-related. (This does not include dry boat storage sheds or workshops.);

(f)

Laundry facilities;

(g)

Club or game rooms, recreational facilities and uses intended for the sole use of the residents of the development and their guests but shall not be located within 100 feet of an R-SF, R-Z, or R-D zone;

(h)

Other permitted uses as identified in the zoning district matrix.

126.4.7.3. Conditional uses (require permits).

(a)

Child care homes and day care centers;

(b)

Private utility services, excluding sanitary landfills, incinerators, refuse and trash dumps;

(c)

(d)

Recreational vehicle park, lodging facilities or campgrounds;

(e)

Other permitted uses as a conditional use as identified in the zoning district matrix.

126.4.7.4. Development requirements. Mobile and manufactured homes used as dwellings shall comply with the following standards:

(a)

Minimum square footage of the mobile or manufactured home: 500 square feet and not less than ten feet in width;

(b)

The wheels and tongue of the mobile or manufactured home shall be removed prior to the tie-down process;

(c)

(d)

All mobile and manufactured homes shall be constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401, et seq.

126.4.7.5. Area and dimensional regulations.

(a)

(b)

Minimum park area. Each mobile home park development shall be a minimum of five acres in size and a maximum of ten acres in size;

(c)

Maximum park density. The maximum allowable density per mobile home park is 12 units per gross acre;

(d)

Public street setback. A minimum 35 feet must be maintained as a building setback within the mobile home park along all public streets;

(e)

Minimum distance between units. Minimum horizontal distance between all mobile home/recreational vehicles shall be:

Side to side—20 feet;

End to end—20 feet;

Side to end—20 feet.

(f)

Lot area. All lots shall have a minimum of 3,600 square feet;

(g)

Location of accessory buildings. Accessory buildings, permanent or otherwise, shall maintain a minimum five-foot side yard, and shall be located on the side or behind the front of the principal building but not less than five feet from the rear lot line;

(h)

Accessory building area. The total interior square footage of all accessory structures shall not exceed ten percent of the interior square footage of the principal structure on the lot.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.8. - B-L Business-Light.

126.4.8.1. Purpose. The Business-Light district is intended to permit a limited mixture of certain residential and retail commercial activities. This district establishes and preserves areas for those commercial facilities which are essentially useful in close proximity to residential areas, while minimizing the undesirable impact of such commercial uses on the neighborhoods which they service.

126.4.8.2. Permitted uses.

(a)

Automobile parking lots;

(b)

Dancing or music academies;

(c)

Personal fitness facilities;

(d)

Filling or service stations (including food stores) occupying no more than 3,000 square feet of floor space. Provided that the activities permitted do not include major automobile repairs, the storage or dismantling of old or wrecked motor vehicles, the sale of used parts, or the sale of new or used motor vehicles (including recreational vehicles);

(e)

Specialty shops (antiques, art objects and supplies, bakeries with retail sales only, books, cameras and photo supplies, candy, florists, gift, greeting cards, framing, coins, stationary, tobacco, and pharmacies);

(f)

Personal service shops (barber shops, beauty parlors, photographic or artist studios, messenger/delivery services, photocopy facilities, dry cleaning and laundry drop off/pick up facilities, dressmaking, tailoring, shoe repair, household appliance repair, bicycle repair, interior decorating, watch and jewelry repair, art gallery, museum, photography, dance, music or fine art);

(g)

Churches, day care centers, child care group homes, community homes, group homes, and hospices;

(h)

Veterinary clinics of up to 3,000 square feet floor space excluding overnight boarding of animals;

(i)

Public buildings, utilities, fire stations, government offices and public libraries;

(j)

Any other neighborhood office, retail, service, or commercial use occupying no more than 3,000 square feet of floor space supplying the everyday shopping needs of an immediate neighborhood subject to the following conditions, except bars, liquor stores, and adult businesses:

That the use be conducted wholly within an enclosed building.

That required yards not be used for display, sale, or storage of vehicles, equipment, containers, or waste materials.

(k)

Accessory buildings and uses customarily incidental to any of the uses listed in this section, provided that such use is no objectionable because of odor, excessive light, smoke, dust, noise, vibration, or similar nuisance;

(l)

Uses associated with Residential-Single-Family;

(m)

Uses associated with Residential-Townhouse;

(n)

Uses associated with Residential-Zero Lot Line;

(o)

Uses associated with Residential-Duplex;

(p)

Other permitted uses as identified in the zoning district matrix.

126.4.8.3. Conditional uses (require permits).

(a)

Office and retail uses that are over 3,000 square feet, but less than 10,000 square feet;

(b)

Public kennels;

(c)

Child care institutions, nursing homes, and halfway houses;

(d)

Private water wells, storage, or pumping facilities;

(e)

Other permitted uses as a conditional use as identified in the zoning district matrix.

126.4.8.4. Area and dimensional regulations.

(a)

Height. No buildings or structure shall exceed three stories in height, except that accessory objects which are usually required to be placed above the roof level, do not consume more than one-third of the total roof area, and are not intended for human occupancy, may exceed this height;

(b)

Front yard. All front yards within 100 feet of any R zone shall be a minimum of 25 feet. For distances greater than 100 feet from any R zone, no front yard is required;

(c)

Side yard. An exterior side yard adjacent to a side street (corner side yard) shall not be less than 15 feet wide. If adjacent to an R zone, a minimum ten-foot side yard is required with a minimum six-foot-high solid wood fence located at the property line. Otherwise, no side yard is required. No storage or similar use shall be allowed within side yards;

(d)

Rear yard. The rear yard shall be a minimum of 25 feet for the main or primary building where the property abuts an area zoned R-SF, R-T, R-Z, R-MF, R-MHS, and R-MHP. The rear yard shall be a minimum of 15 feet for the main or primary building when the property abuts an area zoned B-C or B-M;

(e)

Lot area. All lots shall have a minimum of 5,500 square feet;

(f)

Lot width. All lots shall have a minimum of 50 feet of width, as measured at the front and rear building setback line, whichever is less;

(g)

Lot depth. All lots shall have a minimum lot depth of 110 feet;

(h)

Building area. The minimum building area is 1,000 square feet;

(i)

Hard-surfaced pavement. All driveways and parking areas must be asphalt or concrete, or concrete pavers on approved subsurface materials and design;

(j)

Parking. See section 126.5.5 for parking requirements.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.9. - B-M Business-Medium.

126.4.9.1. Purpose. The purpose of this zone is to allow those commercial uses that serve the general community on a day-to-day basis.

126.4.9.2. Permitted uses.

(a)

All retail sales of goods and services conducted entirely within a building as well as the incidental display of merchandise wholly under a permanent part of a main building, such as a marquee;

(b)

Theaters, movie theaters, bowling alleys and skating rinks; pool tables allowed as an accessory and secondary use to such permitted uses;

(c)

Public buildings, utilities, fire stations, government offices and public libraries;

(d)

Offices;

(e)

Public kennels and veterinary clinics or animal hospitals, provided that no such building, kennel, or exercise runway shall be closer than 100 feet to any B-L or R zone;

(f)

Cafes, restaurants, cafeterias, and drive through eating establishments;

(g)

Clubs and lodges;

(h)

Child care institutions, day care centers, nursing homes, and halfway houses;

(i)

Dairy products processing and sales;

(j)

Service establishments, including filling or service stations;

(k)

Ambulance service with or without outdoor storage of ambulances;

(l)

Spas, health studios or fitness centers, without outdoor activities;

(m)

Motels and hotels;

(n)

Upholstering and similar furniture repair shops (not manufacturing);

(o)

Wholesale establishments and warehousing;

(p)

Radio and television stations or studios;

(q)

Carpentry, painting, plumbing shops;

(r)

Building material companies, including storage yards associated with the business;

(s)

Bakeries, meat markets, candy, and similar manufacturing sales;

(t)

New and used autos and trailer display sales, repair garages, tire and seat cover and auto upholstery shops, and carwashes;

(u)

Accessory buildings and uses customarily incident to any of the uses listed in this section, provided that such use is not objectionable because of odor, smoke, dust, noise, excessive vibration, or similar nuisance;

(v)

Uses associated with Business-Light;

(w)

Uses associated with Residential-Single-Family;

(x)

Uses associated with Residential-Townhouse;

(y)

Uses associated with Residential-Zero Lot Line;

(z)

Uses associated with Residential-Duplex;

(aa)

Other permitted uses as identified in the zoning district matrix.

126.4.9.3. Conditional uses (require permits).

(a)

Shopping malls and all other commercial, office, retail and service uses requiring over 50,000 square feet of floor area;

(b)

Bars and liquor stores, provided, that:

No such businesses shall be located within 300 feet of along the property lines of the street fronts and from front door to front door, and in a direct line across intersections on which is located a religious and/or educational institution, a public park or recreation facility;

No such business shall operate between the hours of 2:00 a.m. and 9:00 a.m.;

(c)

Amusement parks;

(d)

Hospitals;

(e)

Colleges and universities;

(f)

Motor vehicle body shops, parts manufacturing, repair and maintenance facilities, provided that:

All body and fender repairing must be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress;

No spray painting may be done except in a completely enclosed spray booth especially designed for that purpose;

All other auto repairing, etc., must be conducted within a building enclosed on at least three sides.

(g)

Welding shops, and tinsmith shops;

(h)

Brewpub, microbrewery, microdistillery, or winery;

(i)

Other uses permitted as a conditional use as identified in the zoning district matrix.

126.4.9.4. Area and dimensional regulations.

(a)

(b)

Front yard. All front yards within 100 feet of any R zone shall be a minimum of 25 feet. For distances greater than 100 feet from any R zone, no front yard is required;

(c)

(d)

Rear yard. The rear yard shall be a minimum of 25 feet for the main or primary building where the property abuts an area zoned R-SF, R-T, R-Z, R-MF, R-MHS and R-MHP. The rear yard shall be a minimum of 15 feet for the main or primary building where the property abuts an area zoned B-C or B-M;

(e)

Lot area. All lots shall have a minimum of 5,500 square feet;

(f)

Lot width. All lots shall have a minimum of 50 feet of width, as measured at the front and rear building setback line, whichever is less;

(g)

Lot depth. All lots shall have a minimum lot depth of 110 feet;

(h)

Building area. The minimum building area is 1,000 square feet;

(i)

Hard-surfaced pavement. All driveways and parking areas must be asphalt or concrete, or concrete pavers on approved subsurface materials and design;

(j)

Parking. See section 126.5.5 for parking requirements.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.10. - Business-Downtown.

126.4.10.1. Purpose. The purpose of this zone is to allow primarily office and commercial uses in downtown Port Neches where the majority of parking is provided on-street.

126.4.10.2. Permitted uses.

(a)

All retail sales of goods and services conducted entirely within a building as well as the incidental display of merchandise wholly under a permanent part of a main building, such as a marquee;

(b)

Theaters, movie theaters, bowling alleys and skating rinks;

(c)

Public buildings, utilities, fire stations, government offices and public libraries;

(d)

Offices;

(e)

Veterinary clinics or animal hospitals with no outside kennels;

(f)

Cafes, restaurants, cafeterias;

(g)

Clubs and lodges;

(h)

Child care and day nursery;

(i)

Dairy sales;

(j)

Service establishments;

(k)

Ambulance service without outdoor storage of ambulances;

(l)

Spas, health club or fitness centers, without outdoor activities;

(m)

Motels and hotels;

(n)

Upholstering and similar furniture repair shops (not manufacturing);

(o)

Radio and television stations or studios;

(p)

Bakeries, meat markets, candy and similar retail sales;

(q)

Loft apartments located other than on the first floor;

(r)

(s)

Uses associated with Business-Medium;

(t)

Uses associated with Business-Light;

(u)

Uses associated with Residential-Single-Family;

(v)

Uses associated with Residential-Townhouse;

(w)

Uses associated with Residential-Zero Lot Line;

(x)

Uses associated with Residential-Duplex;

(y)

Other permitted uses as identified in the zoning district matrix.

126.4.10.3. Conditional uses (require permits).

(a)

Shopping malls and all other commercial, office, retail and service uses requiring over 50,000 square feet of floor area;

(b)

Amusement parks;

(c)

Hospitals;

(d)

Nursing homes;

(e)

Colleges and universities;

(f)

Loft Apartments on the first floor.

(g)

Brewpub, microbrewery, microdistillery, or winery;

(h)

Other uses permitted as a conditional use as identified in the zoning district matrix.

126.4.10.4. Area and dimensional regulations.

(a)

Height. No building or structure shall exceed three stories in height, except that accessory objects which are usually required to be placed above the roof level, do not consume more than one-third of the total roof area, and are not intended for human occupancy, may exceed this height;

(b)

Front yard. No front yard is required;

(c)

Side yard. If adjacent to an R zone, a minimum of a five-foot wide yard is required with a minimum six foot high solid wood fence in compliance with section 126.5.1., located at the property line. Otherwise no side yard is required. No storage or similar use shall be allowed within side yards;

(d)

Rear yard. No rear yard is required for the main or primary building, provided, however, that off-street loading requirements provided in section 126.5.5.8. shall be met. If the rear yard is adjacent to an R zone or abuts an alley adjacent to an R zone a fence in compliance with section 126.5.1. shall be provided at the property line;

(e)

Lot area. All lots shall have a minimum of 2,500 square feet;

(f)

Lot width. The minimum lot width is the current platted lot width or 25 feet, whichever is less, as measured at the front and rear building setback line;

(g)

Lot depth. The minimum lot depth is the current platted lot depth or 100 feet, whichever is less;

(h)

Building area. The minimum building area is 1,000 square feet;

(i)

Hard-surfaced pavement. All driveways and parking areas must be asphalt or concrete, or concrete pavers on approved subsurface materials and design;

(j)

Parking. No additional off-street parking shall be required for any retail or commercial use located on a street that provides on-street parking. See section 126.5.5 for parking requirements for uses or property not meeting this requirement.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.11. - I-L Industrial-Light.

126.4.11.1. Purpose. The purpose of the I-L district is to accommodate a wide variety of light manufacturing, processing, storage, packaging, compounding wholesaling, and distribution operations. Such uses shall be constructed and operated in accordance with the performance standards found elsewhere in this chapter.

126.4.11.2. Permitted uses.

(a)

Wholesale and distribution facilities, provided that no retail sales shall be permitted;

(b)

Vocational schools;

(c)

Manufacturing, compounding, assembling or treatment of articles from previously prepared materials except those listed as conditional uses below, and provided that no toxic, flammable, explosive or otherwise hazardous substance may be used or stored in any quantity that would be reportable to, or necessitate a permit from, the U.S. Environmental Protection Agency or the state;

(d)

Motor vehicle wrecking, storage or junk yard;

(e)

Bottling works, except alcoholic beverages;

(f)

Blacksmith shop, welding shop, or machine shop;

(g)

Brick, tile or concrete manufacture;

(h)

Electrical substations;

(i)

Wharves, docks or piers;

(j)

Steel fabrication plants;

(k)

Asphalt batching operations;

(l)

Private water treatment plants;

(m)

Travel trailer, manufactured home or camper manufacture;

(n)

Furniture manufacture: metal, wood, and plastic;

(o)

Textile and textile products manufacture;

(p)

Food products processing or manufacture;

(q)

Plastic products manufacture, not including manufacture of elastic plastics;

(r)

Towers and antennas;

(s)

Uses associated with Business-Medium;

(t)

Uses associated with Business-Light;

(u)

Uses associated with Residential-Single-Family;

(v)

Uses associated with Residential-Townhouses;

(w)

Uses associated with Residential-Zero Lot Line;

(x)

Uses associated with Residential-Duplex;

(y)

Public buildings, utilities, fire stations, government offices and public libraries;

(z)

Other permitted uses as identified in the zoning district matrix.

126.4.11.3. Conditional uses (require permits).

(a)

Correctional or detention facilities;

(b)

Airports, heliports;

(c)

Private utility facilities;

(d)

Other uses permitted as a conditional use as identified in the zoning district matrix.

126.4.11.4. Area and dimensional regulations.

(a)

Minimum lot size and setbacks. None, except that wherever an I-L zoning district abuts a residential or business zoning district, a setback of 30 feet shall be provided between any structure or use of the property zoned I-L and the nearest residential or business zoned property line and a eight-foot-high opaque fence shall be constructed along the full length of said property line;

(b)

Height requirements. Maximum height of any building or structure shall be three stories.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.12. - I-H Industrial-Heavy.

126.4.12.1. Purpose. The purpose of the I-H zone is to accommodate all types of manufacturing, processing, storage, packaging, compounding, wholesaling, and distribution operations. Such uses shall be constructed and operated in accordance with the performance standards found elsewhere in this chapter. The regulations of this zone are intended to provide operational standards and standards of intensity of use compatible with residential districts that may be in close proximity. Before a building permit can be issued in this district, a site plan must be presented to the building official, who, in turn, will present the site plan to the city council. The building permit will be issued after the passage of a written resolution by the city council. After the permit has been issued by the city council, the construction must adhere to the site plan as approved. However, minor deviations will be permitted, for example, reducing or increasing the size of pipe, enlarging or reducing the size of pumps, etc.

126.4.12.2. Permitted uses.

(a)

All uses listed as permitted in the I-L Industrial-Light zone;

(b)

Manufacturing, compounding, assembling or treatment of articles other than those listed as conditional uses below;

(c)

Concrete or cement products manufacturing, batching plants, and processing of stone;

(d)

Gravel, sand, or dirt stockpiling, pits, processing or distribution. Before a dirt pit will be permitted, it must comply with chapter 46, article II of this Code, regulating such excavations;

(e)

Manufacturing of lime, gypsum, or glue;

(f)

Uses associated with Industrial-Light;

(g)

Uses associated with Business-Medium;

(h)

Uses associated with Business-Light;

(i)

Uses associated with Residential-Single-Family;

(j)

Uses associated with Residential-Townhouses;

(k)

Uses associated with Residential-Zero Lot Line;

(l)

Uses associated with Residential-Duplex;

(m)

Public buildings, utilities, fire stations, government offices and public libraries;

(n)

Other permitted uses as identified in the zoning district matrix.

126.4.12.3. Conditional uses (require permits).

(a)

Manufacturing, use or storage of any toxic, flammable, explosive or otherwise hazardous substance in any quantity that would be reportable to, or necessitate a permit from, the U.S. Environmental Protection Agency or the state;

(b)

Sanitary landfills;

(c)

Slaughter of animals;

(d)

Stockyard or animal feeding pens;

(e)

Cannery, curing of raw hides;

(f)

Wool pulling or scouring;

(g)

Adult businesses;

(h)

Other uses permitted as a conditional use and identified in the zoning district matrix.

126.4.12.4. Area and dimensional regulations.

(a)

Front yard. There shall be a minimum front yard depth of not less than 15 feet for all buildings;

(b)

Side yard. No side yard shall be required for stores or commercial buildings on inside (interior) lots; however, a commercial building located on a corner lot shall maintain a side yard adjacent to a side street (corner side yard) of at least five feet;

(c)

Rear yard. No rear yard shall be required for stores or commercial buildings;

(d)

Intensity of use. No specific lot area shall be required for stores or commercial buildings;

(e)

Lot width. The minimum average width of the lot shall be 50 feet, as measured at the front building setback line;

(f)

Lot depth. The minimum average depth of the lot shall be 110 feet;

(g)

Building area. The minimum building area is 1,000 square feet;

(h)

Hard-surfaced pavement. All driveways and parking areas must be asphalt or concrete, or concrete pavers on approved subsurface materials and design;

(i)

Parking. See section 126.5.5 for parking requirements;

(j)

Buffer zones. When property is being considered in an Industrial-Heavy (I-H) district, a buffer zone will be required of not less than 400 feet from the nearest residential district line to the nearest industrial unit plot plan line. Before any new industrial unit is built, the industry shall submit to the building official a field survey showing the location of the industrial unit, its plot plan, and a survey showing the nearest residential district plan.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.13. - PUD Planned Unit Development Overlay district.

126.4.13.1. Purpose. The Planned Unit Development ("PUD") Overlay district is intended to provide for a greater flexibility and discretion in the more integrated development of residential, commercial, industrial, and institutional uses, and combinations of such uses. The "PUD" district is intended to provide for a more unified plan for land parcels and more effective mitigation of potentially adverse impacts than is possible under conventional district regulations. Use of the "PUD" district is also to encourage conservation of open space. This would provide for the efficient development of large tracts for multiple uses. The PUD overlay district also replaces the prior designated special districts.

126.4.13.2. General regulations.

(a)

Area requirements. Each PUD district shall be a minimum of at least five acres in size;

(b)

Compatibility. No PUD shall be approved by the city council until it has been determined that the planned use is compatible with the area that it will affect.

126.4.13.3. Procedures.

(a)

A concept plan may be submitted to the building official for purpose of general review and discussion prior to submitting the development site plan. The concept plan shall, at a minimum, contain the following information:

Description of the general land configuration;

Proposed densities and lot sizes;

Proposed amenities;

Proposed area design regulations.

(b)

Prior to consideration of any planned unit development, an application must be filed with the building official accompanied by a development plan.

(c)

A development plan shall, at a minimum, include the following information:

The description of the site and adjacent property, all land use and zoning of the abutting sites and all public and private right of ways and easements;

The location and type of all existing and planned structures on the site;

Height, in stories, of all structures;

Proposed minimum area regulations including setbacks, lot sizes, depth, side yards, square footage of residential structures;

The location of all on-site and proposed facilities for liquid and solid waste disposal;

The location of all off-street parking and loading facilities and location of lighting for the same;

The location and detail of all walls, fences, screening and landscaping including existing and proposed tree lines;

The location of all streams, ponds, drainage ditches, steep slopes, boundaries of floodway and floodplains and other supporting facilities that have been provided;

The location of all dumpsters;

10.

The location of all fire hydrants;

11.

The location of all streets, private roads, alleys, and sidewalks, including proposed surface materials;

12.

The location of underground utility lines, including water, sewer, electric power, telephone, gas and cable television;

13.

The location of all signs.

(d)

A development schedule indicating the approximate date of when construction begins and the rate of anticipated development to completion will accompany the application;

(e)

The procedure for hearing a request for a zoning change to PUD Overlay district shall be the same as for a requested change in any other district;

(f)

Any revision to a development plan, between the public hearing before the planning and zoning commission and the public hearing before the city council, shall necessitate the development plan being referred back to the planning and zoning commission for review and evaluation unless the revision is a minor change in accordance with the list in subsection (g);

(g)

Minor changes may be authorized by the building official when such minor changes will not cause any of the following circumstances to occur:

A change in the character of the development;

An increase in the ratio of the gross floor areas in structures to the area of any lot;

An increase in the intensity of use;

A reduction in the originally approved separations between buildings;

Any adverse changes in traffic circulation, safety, drainage and utilities;

Any adverse changes in such external effects on adjacent property as noise, heat, light, dare, vibration, height or proximity;

A reduction in the originally approved setbacks from property lines;

An increase in ground coverage by structures;

A reduction in the ratio of off-street parking and loading space;

10.

A change in the subject, size, lighting, or orientation of originally approved signs.

(h)

Any change deemed not to be a minor change, as indicated above, shall be processed as a new application in accordance with the provision of this section;

(i)

Provision for public, private and common open space shall be evaluated with regard to density, site coverage and physical characteristics. This shall be required in the development plan;

(j)

A development plan shall expire five years from the date of final city council approval unless any part of the planned development has already obtained a certificate of occupancy for the use of the property as described in the plan;

(k)

Planned unit development zoning shall be revoked if:

Approval of the development was obtained by fraud or deception; or

If one or more of the conditions set by the council has not been met or has been violated.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.14. - HP Historic Preservation Overlay district.

126.4.14.1. Policy. The old downtown historic area, along with other areas, has been a significant part of the development of the city. The city council realizes the importance of preserving theses historical areas as well as other historical places in the city. The city council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation and use of historic places and areas are a public necessity.

126.4.14.2. Purpose. The purpose of this section is to promote the public health, safety and general welfare, and:

(a)

To protect, enhance and perpetuate places and areas which represent distinctive and important elements of the city's historical, cultural, archeological, political and architectural history;

(b)

To promote tourism and strengthen the economy of the city;

(c)

To foster civic pride and promote the enjoyment and use of historic resources by the city's residents;

(d)

To preserve and enhance the beauty of historic areas; and to provide for new development in historic districts that is consistent with the existing historic structures.

126.4.14.3. Initiation of review. After determining that there is considerable interest among its membership or citizenry in designating a place or area as a historic district, the city council shall vote on whether or not to initiate a review to consider establishment of a historic overlay district. During this review period, which shall not last longer than 60 days, no building permit shall be issued for proposed work to the exterior of the affected property(ies) nor shall the affected property(ies) be demolished or removed. The city council shall provide notice of and conduct public hearings as provided in this chapter to consider the historical overlay district designation.

126.4.14.4. Criteria for establishment of districts. The city council may consult with experts in deciding whether to establish a historic overlay district. In making such a decision, the city council shall consider if the place or area has one or more of the following characteristics:

(a)

Recognition as a Recorded Texas Historic Landmark, a National Historic Landmark, or entry on the National Register of Historic Places;

(b)

Location as the site of a significant historic event;

(c)

Identification with a person or persons who significantly contributed to the culture and development of the city, state or country;

(d)

Embodiment of elements of architectural design, detail, materials, or craftsmanship that represent a significant architectural innovation;

(e)

Exemplification of the cultural, economic, social, or historical heritage of the city, state, or country;

(f)

Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

(g)

Embodiment of distinguishing characteristics of an architectural type of specimen;

(h)

Identification as the work of an architect or master builder whose individual work has influenced the development of the city;

(i)

Relationship to other historic places or areas;

(j)

Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; or

(k)

Value as an aspect of community sentiment or public pride.

126.4.14.5. Establishment of districts. After notice and public hearing as required by law, the city council may establish a historic overlay district to preserve places and areas of historical, architectural, archeological, or cultural importance or value. These places and areas will be designated by "HP" on the official zoning map. At the time of establishing a specific historic district, the city council may impose additional regulations upon the district to preserve its historic value and fulfill any other purposes of the district.

An overlay district is "overlaid" upon other districts, and the land so encumbered may be used in a manner permitted in the underlying district only if such use is also permitted in the applicable overlay district. For any property in an overlay district, then, the regulations of both the overlay district and the underlying zoning district apply. In the case of conflict between the regulations of the underlying and overlay district, the most restrictive regulations take precedence.

126.4.14.6. Certificate of appropriateness. The building official shall issue no building permit for proposed work to the exterior of a structure in a historic overlay district or for new construction in a historic overlay district unless the planning and zoning commission has issued a certificate of appropriateness to the property owner.

When applying for such a permit, the applicant shall forward three copies of all detailed plans, elevations, perspectives, specifications and other documents pertaining to the work, to the building official, who shall forward one copy to the planning and zoning commission within five days of receipt thereof.

Upon review of the application, the planning and zoning commission shall determine, based on guidelines set by the city council, whether the proposed work is of a nature which will adversely affect any historical, architectural, archaeological, or cultural feature of the historic structure, and whether such work is appropriate and consistent with the spirit and intent of this section and the ordinance establishing the historic overlay district. The planning and zoning commission shall deny or approve a certificate of appropriateness and forward such action to the building official within 30 days of receiving the application. The building official shall immediately notify the applicant of the planning and zoning commission's action. Upon request of the property owner, the city council may elect to entertain an appeal of the decision. In such case, upon appropriate notice being given and a public hearing being held, the city council may elect to uphold the denial of a certificate of appropriateness or overturn it.

126.4.14.7. Demolition or removal. If the building official receives an application for demolition or removal of any structure in a historic overlay district, the planning and zoning commission shall hold a hearing within 30 days after the application is filed. The planning and zoning commission shall hear all interested parties. The planning and zoning commission shall consider the state of repair of the structure, the reasonableness of the cost of restoration or repair, taking into account the purpose of preserving the historic structure, the character of the historic area, and all other factors that it finds appropriate. Based on these factors, the planning and zoning commission may determine that, in the interest of preserving historical value, the structure should not be demolished, and in that event, the application shall be denied. Upon request of the property owner, the city council may elect to entertain an appeal of the decision. In such case, upon appropriate notice being given and a public hearing being held, the city council may elect to uphold the application denial or overturn it.

126.4.14.8. Penalties. It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze, or maintain any structure in a historic overlay district in violation of the provisions of this section. In addition to other remedies, the city may institute any appropriate action or proceedings to prevent such unlawful action.

Any person who violates any provision of this section shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted, and each offense shall be punishable by a fine in accordance with the provisions of section 126.6.7.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.15. - WF Water Front Overlay district.

126.4.15.1. Policy. The city council recognizes the long-term impact of riverfront frontage, and utilization thereof, to the viability and diversification of the development of the city. The city council has followed one of the highest recommended priorities of the "Community Development Strategy for Port Neches" to maximize the intermixing relationship of riverfront water activities and improved quality of life for the citizens and visitors of the city and to improve and enhance the utilization of the waterfront for economic development purposes. As a first step to realization of this goal, city council, under the guidance of a council-appointed steering committee, promoted a public outreach process to prepare a master plan and develop implementation strategies. Consequently, city council has adopted the riverfront master plan and implementation strategies as recommended by the steering committee and hereby finds and declares as a matter of public policy that the mixed use development, enhancement, and use of the city riverfront is a public necessity.

126.4.15.2. Purpose. The purpose of this section is to promote the public health, safety and general welfare, and:

(a)

To protect, enhance and perpetuate places and areas which represent distinctive and important elements of the city's level of quality of life and encourage improvement of the existing level;

(b)

To promote tourism and strengthen the economy of the city;

(c)

To foster civic pride and promote the enjoyment and use of recreational and physical fitness resources by the city's residents and visitors;

(d)

To preserve, enhance and protect the transitional uses adjacent to the area determined to be the limit of the Water Front Overlay district, especially the concerns of traffic, visual buffering, and on-street parking and to provide for new development within the Water Front Overlay district that both achieves the goals for the district and minimizes the impact to the surrounding area.

126.4.15.3. Initiation of review. After determining that there is considerable interest among its membership or citizenry in designating a place or area as a Water Front Overlay district, the city council shall vote on whether or not to initiate a review to consider establishment of a Water Front Overlay district. During this review period, which shall not last longer than 60 days, no building permit shall be issued for proposed work to the exterior of the affected property(ies) nor shall the affected property(ies) be demolished or removed. The city council shall provide notice of and conduct public hearings as provided in this chapter to consider the Water Front Overlay district designation.

126.4.15.4. Establishment of districts. After notice and public hearing as required by law, the city council may establish a Water Front Overlay district to preserve places and areas of recreational, historical, or cultural importance or value. These places and areas will be designated by "WF" on the official zoning map. At the time of establishing a specific Water Front Overlay district, the city council may impose additional regulations upon the district to preserve its value and benefit and fulfill any other purposes of the district.

126.4.15.5. Certificate of appropriateness. The building official shall issue no building permit for proposed work to the exterior of a structure in a Water Front Overlay district or for new construction in a Water Front Overlay district, with the exception that all public facilities, or additions thereto, are exempt from this requirement, unless the planning and zoning commission has issued a certificate of appropriateness to the property owner.

When applying for such a permit, the applicant shall forward two copies of all detailed plans, elevations, perspectives, specifications and other documents pertaining to the work, to the building official, who shall forward one copy to the planning and zoning commission within five days of receipt thereof.

Upon review of the application, the planning and zoning commission shall determine, based on guidelines set by the city council, whether the proposed work is of a nature which will adversely affect any recreational, or cultural feature of the area, and whether such work is appropriate and consistent with the spirit and intent of this section, the officially adopted riverfront plan, and the ordinance establishing the Water Front Overlay district. The planning and zoning commission shall deny or approve a certificate of appropriateness and forward such action to the building official within 30 days of receiving the application. The building official shall immediately notify the applicant of the planning and zoning commission's action. Upon request of the property owner, the city council may elect to entertain an appeal of the decision. In such case, upon appropriate notice being given and a public hearing being held, the city council may elect to uphold the denial of a certificate of appropriateness or overturn it.

126.4.15.6. Area and dimensional regulations. In addition to requirements that the planning zoning commission and the city council may adopt for this district, minimum standards shall be required as follows:

(a)

Front yard. There shall be a minimum depth front yard of not less than 15 feet for all buildings;

(b)

Side yard. No side yard shall be required for stores or commercial buildings on inside (interior) lots; however, a commercial building located on a side street shall maintain a side yard adjacent to a side street (corner side yard) of at least five feet;

(c)

Rear yard. No rear yard shall be required for stores or commercial buildings;

(d)

Intensity of use. No specific lot area shall be required for stores or commercial buildings;

(e)

Lot width. The minimum average width of the lot shall be 50 feet, as measured at the front building or rear setback line, whichever is less;

(f)

Lot depth. The minimum average depth of the lot shall be 110 feet;

(g)

Building area. The minimum building area is 1,000 square feet;

(h)

Hard-surfaced pavement. All driveways and parking areas must be asphalt or concrete, or concrete pavers, or a board walk, on approved subsurface materials and design;

(i)

Buffer. All portions of the Water Front Overlay district shall maintain a minimum of a 25-foot-wide landscape buffer when adjacent to any residential district. A minimum eight-foot-high solid fence shall be constructed on the Water Front Overlay district side of the buffer and the buffer planted with trees and shrubs to provide a visual barrier;

(j)

Parking. See section 126.5.5 for parking requirements.

126.4.15.7. Demolition or removal. If the building official receives an application for demolition or removal of any nonpublic structure in a Water Front Overlay district, the planning and zoning commission shall hold a hearing within 30 days after the application is filed. The planning and zoning commission shall hear all interested parties. The planning and zoning commission shall consider the state of repair of the structure, the reasonableness of the cost of restoration or repair, taking into account the purpose of preserving the structure, the character of the area, and all other factors that it finds appropriate. Based on these factors, the planning and zoning commission may determine that, in the interest of preserving value, the structure should not be demolished, and in that event, the application shall be denied. Upon request of the property owner, the city council may elect to entertain an appeal of the decision. In such case, upon appropriate notice being given and a public hearing being held, the city council may elect to uphold the application denial or overturn it.

126.4.15.8. Penalties. It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze, or maintain any nonpublic structure in a Water Front Overlay district in violation of the provisions of this section. In addition to other remedies, the city may institute any appropriate action or proceedings to prevent such unlawful action. Any person who violates any provision of this section shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted, and each offense shall be punishable by a fine in accordance with the provisions of subsection 126.6.7.1.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.4.16. - BC Business Corridor Overlay district.

126.4.16.1. Policy. The city council recognizes the long-term impact of commercial/retail development along certain established commercial roadway corridors and the lack of a cohesive, planned pedestrian-oriented environment in those areas, the efficient utilization thereof, and to the viability and diversification of the commercial/retail development of the city. The city council has recognized the potential positive impact for a higher-quality redevelopment of certain commercial/retail areas within the city that would provide for maximizing the potential to enhance the pedestrian shopping experience and improve the quality of life for the citizens and visitors of the city and to improve and enhance the utilization of the commercial/retail areas for economic development purposes. As a first step to realization of this goal, city council declares as a matter of public policy that the enhanced pedestrian use of commercial/retail development within certain commercial/retail roadway corridors and the visual aesthetic improvement of gateway entrances into the city is a public necessity.

126.4.16.2. Purpose. The purpose of this section is to promote the public health, safety and general welfare, and:

(a)

To protect, enhance and perpetuate places and areas which represent distinctive and important elements of the city's level of quality of life and encourage improvement of the existing level;

(b)

To promote tourism and strengthen the economy of the city;

(c)

To foster civic pride and promote the enjoyment and use of recreational and physical fitness resources by the city's residents and visitors;

(d)

To preserve, enhance and protect the transitional uses adjacent to the area determined to be the limit of the Business Corridor Overlay district, especially the concerns of traffic, visual buffering, and on-street parking and to provide for redevelopment within the Business Corridor Overlay district that both achieves the goals for the district and minimizes the impact to the surrounding nonbusiness area.

126.4.16.3. Initiation of review. After determining that there is considerable interest among its membership or citizenry in designating a place or area as a Business Corridor Overlay district, the city council shall vote on whether or not to initiate a review to consider establishment of a Business Corridor Overlay district. During this review period, which shall not last longer than 60 days, no building permit shall be issued for proposed work to the exterior of the affected property(ies) nor shall the affected property(ies) be demolished or removed. The city council shall provide notice of and conduct public hearings as provided in this chapter to consider the Business Corridor Overlay district designation.

126.4.16.4. Establishment of districts. After notice and public hearing as required by law, the city council may establish a Business Corridor Overlay district to preserve current portions of the Business Corridor Overlay district that may already comply or substantially comply with regulations for redevelopment within the Business Corridor Overlay district and to provide regulations for redevelopment that would support the goals of the district. These places and areas will be designated by "BC" on the official zoning map. At the time of establishing a specific Business Corridor Overlay district, the city council may impose additional regulations upon the district to preserve its value and benefit and fulfill any other purposes of the district.

126.4.16.5. Certificate of appropriateness. The building official shall issue no building permit for proposed work to the exterior of a structure in a Business Corridor Overlay district or for new construction in a Business Corridor Overlay district, with the exception that all public facilities or additions thereto, are exempt from this requirement, unless the planning and zoning commission has issued a certificate of appropriateness to the property owner.

Upon review of the application, the planning and zoning commission shall determine, based on guidelines set by the city council, whether the proposed work is of a nature which will adversely affect any recreational or cultural feature of the area, and whether such work is appropriate and consistent with the spirit and intent of this section and the ordinance establishing the Business Corridor Overlay district. The planning and zoning commission shall deny or approve a certificate of appropriateness and forward such action to the building official within 30 days of receiving the application. The building official shall immediately notify the applicant of the planning and zoning commission's action. Upon request of the property owner, the city council may elect to entertain an appeal of the decision. In such case, upon appropriate notice being given and a public hearing being held, the city council may elect to uphold the denial of a certificate of appropriateness or overturn it.

126.4.16.6. Area and dimensional regulations. In addition to requirements that the planning zoning commission and the city council may adopt for this district, minimum standards shall be required as follows:

(a)

Front yard. There shall be a front yard having a depth of not less than 25 feet that shall not contain any buildings or parking areas (See graphic "C"), with the following exceptions:

If the site is adjacent to a major street and all uses are nonsingle-family residential within the site, there shall be a must-build-to line established 15 feet from the street right-of-way (front property) line with the additional mandatory provisions (See graphic "D"):

Any private street or private driveway crossing the building line is substantially perpendicular to the adjacent major street and the building line;

The area within the building line is not used for parking, driveways, or any other auto-related uses such as access to a drive-through window;

A clearly-defined pedestrian walkway that is separate from any private street or private driveway is established across the building line perpendicular to the sidewalk providing a connection from a public sidewalk along the major street to an entrance to a building on the project;

Provision is made for a sidewalk that is at least five feet wide to be constructed by the owner/developer within the right-of-way of the major street;

The height of any building within 15 feet behind the building line (for a total of 30 feet from the front property line) is restricted to not more than four stories;

Existing trees that are within 25 feet of the property line adjacent to the major street are protected unless said species is deemed objectionable by the building official;

The building line conforms to the visibility triangle required by this chapter (See graphic "D");

For any property used for Residential-Single-Family, Residential-Townhouse, Residential-Zero Lot Line, and Residential-Duplex purposes, the maximum height of any fence, wall, earthen berm, or combination thereof within the building line is 36 inches in height measured from mean grade;

For Residential-Single-Family, Residential-Townhouse, Residential-Zero Lot Line, and Residential-Duplex uses at the ground level, any fence, wall, berm, or combination thereof within the building line that is more than 36 inches high but less than eight feet high, measured from a mean grade is at least two feet from the property line adjacent to the major street and the space created thereby is used and maintained for landscape plantings; and

If the site is adjacent to a major street and all uses are Residential-Single-Family, Residential-Townhouse, Residential-Zero Lot Line, and Residential-Duplex within the site, a building line requirement of five feet (within the must-build-to-line of 15 feet) is authorized if an applicant submits a development plan that demonstrates compliance with each of the following (See graphic "E"):

The development incorporates a five-foot area within the building line that the owner/developer will improve with a sidewalk or landscaping if the sidewalk is provided in the right-of-way;

All off-street parking is provided to the rear or side of any improvements on the property;

If any driveway is provided from a major street to the side of any improvements on the property, the driveway shall meet one of the following standards:

(1)

Not more than one two-way driveway with two bays of parking comprising a maximum of 62 feet of width is placed to the side of any improvements, provided that the combination of parking and driveway does not exceed one-third of the total frontage of the nonsingle-family residential use;

(2)

Not more than one two-way driveway of not more than 24 feet in width is provided from the major street to the parking at the rear of the improvements; or

(3)

Not more than two one-way drives of a maximum of 15 feet each in width is provided from the major street to parking at the rear of the improvements.

If the property owner/developer proposes to locate the sidewalk within the building line, the owner/developer presents evidence that the building official has determined such provision is unnecessary or unsafe, the owner/developer must install and maintain landscaping in a ten-foot-wide strip within the right-of-way adjacent to the property;

The improvement that will be located along the reduce building line contains at least 90 percent of the gross floor area of all improvements on the site;

Existing trees that are within 25 feet of the property line adjacent to the major street are protected unless said species is deemed objectionable by the building official.

If the site is adjacent to a major street and all uses are Residential-Single-Family, Residential-Townhouse, Residential-Zero Lot Line, and Residential-Duplex within the site, a building line requirement of zero feet (within the must-build-to line of 15 feet) is authorized if a property owner/developer submits a development plan that demonstrates compliance with each of the following standards (See graphic "F"):

The development site plan provides for a first-floor arcade or colonnade at least six feet wide along the full face of the nonsingle-family residential uses parallel to the major street;

All off-street parking is to the rear or side of any improvements on the property.

If any driveway is provided from a major street to the side of any improvements on the property, the driveway shall meet one of the following standards:

(1)

(2)

Not more than one two-way driveway of not more than 24 feet in width is provided from the major street to the parking at the rear of the improvements; or

(3)

Not more than two one-way drives of a maximum of 15 feet each in width is provided from the major street to parking at the rear of the improvements.

The improvement that will be located along the reduce building line contains at least 90 percent of the gross floor area of all improvements on the site;

Existing trees that are within 25 feet of the property line adjacent to the major street are protected unless said species is deemed objectionable by the building official.

(b)

Side yard. No side yard shall be required for stores or commercial buildings on inside (interior) lots; however, a commercial building located on a side street shall maintain a side yard (corner side yard) adjacent to a side street of at least five feet;

(c)

Rear yard. No rear yard shall be required for stores or commercial buildings;

(d)

Intensity of use. No specific lot area shall be required for stores or commercial buildings;

(e)

Lot width. The minimum average width of the lot shall be 100 feet, as measured at the front building setback line;

(f)

Lot depth. The minimum average depth of the lot shall be 100 feet;

(g)

Building area. The minimum building area is 1,000 square feet;

(h)

Hard-surfaced pavement. All driveways and parking areas must be asphalt or concrete, or concrete pavers on approved subsurface materials and design;

(i)

Buffer. All portions of the Business Corridor Overlay district shall maintain a minimum of a 15-foot-wide landscape buffer when adjacent to any residential district. A minimum eight-foot-high solid fence shall be constructed on the Business Corridor Overlay district side of the buffer and the buffer planted with trees and shrubs to provide a visual barrier;

(j)

Parking. See section 126.5.5 for parking requirements. On-street parallel parking is encouraged.

126.4.16.7. Additions or relocation. Structures and uses in existence located within a proposed Business Corridor Overlay district at the time of passage of an ordinance establishing the Business Corridor Overlay district that are not in compliance with regulations and/or uses within the Business Corridor Overlay district, will be deemed nonconforming structures and/or uses. No additions to the structure(s) that increase the floor area, enclosed or unenclosed, increase or change in height, or change in use, or relocation of a structure in continued noncompliance, will be allowed.

126.4.16.8. Penalties. It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze, or maintain any nonpublic structure in a Business Corridor Overlay district in violation of the provisions of this section. In addition to other remedies, the city may institute any appropriate action or proceedings to prevent such unlawful action. Any person who violates any provision of this section shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted, and each offense shall be punishable by a fine in accordance with the provisions of section 126.6.7.