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Rockport City Zoning Code

§ 118-20

District area, yard and height regulations.

20.1 
Minimum Lot Areas and Widths.
The purpose of regulating lot areas and lot sizes is to control the density of population and to achieve the degree of openness and livability desired for the community and, at the same time, permit reasonable and economic use of property.
20.1.1 
No lot, parcel, premises or tract of land shall be created and no building permit shall be issued for any request that does not meet the appropriate minimum lot area and width regulations, or exceptions thereof, as set forth in [section 118-20] Table 20 - Area and Height Regulations. Submerged land shall not be included when meeting these requirements.
20.1.2 
Nonconforming lots or acreage of record are addressed in Article 25 of this document.
20.1.3 
Lot area per dwelling unit requirements shall not apply to dormitories, retirement homes, nursing homes or similar facilities where no cooking facilities are provided in individual rooms or apartments.
20.1.4 
Existing buildings or portions of buildings that are in violation of lot area requirements may be remodeled or repaired, but may not be enlarged.
20.1.5 
One-family detached dwellings built in B Districts must comply with minimum lot standards and densities of the R-2 District.
20.1.6 
Two-family detached dwellings built in B Districts must comply with minimum lot standards and densities of the R-3 District.
20.2 
Yard Area and Setback Requirements.
Yard regulations are for the purpose of providing open spaces around buildings for light and air, for safety from fire and to provide a degree of order in the location of buildings in various districts. Minimum yard regulations established by this section are set forth in [section 118-20] Table 20 - Area and Height Regulations.
20.2.1a 
Waterfront building lines.
Channelized lots in all R-Districts where such are contiguous to or extend into developed or existing bays or waterways shall provide a minimum set-back of twelve (12) feet from the water side of the bulkhead. If no bulkhead, then a minimum set-back of 20 feet from the water's edge measured at mean high tide. Setbacks from other property lines shall govern as provided for within this article. For purposes described herein, channelized lots shall be defined as bulkhead property touching or contiguous to a body of water, either man-made or natural.
20.2.1b 
For subdivisions platted and recorded prior to annexation by the City of Rockport, platted building lines addressing yard areas and building setback requirements shall control. If the plat contains no building lines, deed restrictions in effect at the time of annexation, shall control. If none of the above exists, the zoning restrictions of this article shall control.
20.2.2 
In the R-2B district, each lot shall contain a private yard of not less than five hundred (500) square feet. Parking areas shall not be included in the computation of the required private yard area. A private yard may contain a patio cover or a roof which does not protrude beyond the required building setback lines.
20.2.3 
In the R-2B district there shall be no minimum side yard on one side and not less than ten (10) feet on the opposite side. A side yard adjacent to a side street shall not be less than fifteen (15) feet from the property line.
20.2.4 
In the R-2B district, garages or carports having direct access to a rear alley or common driveway shall be set back from the rear lot line not less than ten (10) feet. In no case shall the dwelling or townhouse be set closer than ten (10) feet to any rear lot line.
20.2.5 
In the R-2B district, the following provisions shall apply:
a) 
A perpetual five (5) foot maintenance easement shall be provided on the lot adjacent to the zero lot line property line which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property.
b) 
The wall of the dwelling located on the lot line or within five feet (5') of the lot line shall have no windows, doors, air conditioning units, or any other type of openings or projections. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twelve inches (12") but such roof shall be so constructed, by design or other means, that water runoff from the dwelling placed on the lot line is limited to the easement area as provided in Item a) above.
20.2.6 
In the R-7 district there shall be a front yard of at least twenty (20) feet if the property is used for other than residential.
20.2.7 
On corner lots in the R Districts there shall be a side yard along the side street of such lot of fifteen (15) feet, except that on separate lots less than seventy-five (75) feet in width, only twenty percent (20%) of the width of the lot need be provided for such side yard.
20.2.8 
Where a lot in a B or I District abuts an R District, the yard requirements for that R District shall be provided for the abutting lot in the B or I District, but shall not be less than ten (10) feet.
20.2.9 
Reserved.
20.2.10 
Reserved.
20.2.11 
Required front yards shall be used only for landscaping, walkways, light standards, mailboxes and driveways necessary for access to the parking area. Refer to Article 22.2 [section 118-22, subsection 22.2] for fence regulations. Refer to Rockport Sign Ordinance for placement of signs.
20.2.12 
When building lines have been established by a recorded plat the platted building lines shall govern for front, rear and side yards. Building lines, platted or non-platted, shall be in accordance with regulations as established herein. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension, except that if the lot is square, i.e., has dimensions where the shorter side is at least 90% or more of the longer side, then the front yard may face either street. Lots with double frontage (through lots) must have the required front yard on both streets. This requirement, however, shall not apply to existing lots of record.
20.2.13 
When fifty percent (50%) or more of the lots on the same side of a street within the same block are improved with buildings that have observed a lesser depth of front yard than specified in [section 118-20] Table 20, then no portion of a new building shall project beyond a straight line drawn between the point closest to the street line of the building upon either side of the proposed building. If there is a building upon only one side, then the front yard may be the same as the front yard of such building. In either case such building shall observe a setback of no less than ten (10) feet (20 feet for garage). Required parking shall not encroach on right-of-way.
20.2.14 
Except as may be permitted in Article 22, Section 22.1.6 [section 118-22, subsection 22.1.6] a minimum open space of ten (10) feet shall be established between all unattached buildings in all zoning districts.
20.3 
Height Regulations.
The purpose of height regulations is to control the height of structures, to provide for air and light in and around buildings, and to provide for fire protection. Maximum height regulations established by this section are set forth in [section 118-20] Table 20 - Area and Height Regulations.
20.3.1 
These height regulations shall not apply to belfries, chimneys, church spires, conveyors, cooling towers, elevator bulkheads, fire towers, storage towers, flag poles, monuments, ornamental towers or spires, cranes or construction equipment, smoke stacks, stage towers and scenery lofts, tanks, water towers, ham radio and television antennas, microwave relay towers, radio and television transmission towers, electric or telephone poles.
The above unrestricted heights may be subject to height limitations and permits required by the Federal Aviation Administration and Federal Communications Commission.
20.3.2 
For all R-Districts, a seven and one-half (7.5) foot minimum interior side yard shall be required for both main and detached accessory buildings/structures with three (3) or more stories.
20.3.3 
Reserved.
20.3.4 
Structures combining both commercial uses and dwelling units when located in B Districts shall observe the height limit of that district.
Table 20
(Refer to Exceptions enumerated in Article 20 [section 118-20])
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* Note: 1 - If Single-Family Dwelling; 2 - If Single/Multi-Family Dwelling; 3 - Refer to sections 20.2.7 & 20.3.2 for exceptions; 4 - None if Hotel/Motel; 5 - None if office; 6 - Refer to section 20.2.6 for exception.
SETBACKS
The following illustrations are examples of the minimum setback requirements for residential construction as required by the city's Zoning Ordinance, Article 20 [section 118-20]. Plats of record, prior to enactment of the Zoning Ordinance or prior to annexation that show greater or lesser setbacks shall govern.
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Unattached accessory use buildings must have a minimum 5' rear and side yard setback. Setbacks for outside corner lots shall be 15', as shown above. Exception: lots less than 75' in width, only 20% of the width of the lot need be provided for each side yard.
THIS ILLUSTRATION IS INTENDED AS A GUIDE ONLY. CHECK WITH THE BUILDING DEPARTMENT FOR YOUR SPECIFIC REQUIREMENTS, i.e., KEY ALLEGRO, HARBOR OAKS, ETC.
(Ordinance 1027, art. 20, 4-9-96)