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Rockport City Zoning Code

§ 118-22

Accessory use regulations.

22.1 
Accessory Use and Building Regulated.
It is the purpose of this section to permit certain necessary accessory or incidental uses along with the primary use of a building or premises, thus permitting the full enjoyment of such primary use, but at the same time preventing such incidental uses from becoming objectionable where they would be a detriment to the neighborhood or area. Accessory uses may be used for, but are not limited to:
22.1.1 
In R-1, R-2, R-2M, and R-2B Districts:
1. 
Private garages, servants/guest quarters. Servants and guest quarters shall not be for rent; shall not exceed 50% of the main residence in size; and shall not exceed one (1) unit per residential lot (see 24.2.3 in Article 24 for additional restrictions).
2. 
Swimming pools, hot tubs, spas, tennis courts, permanent barbecue grills, ornamental gates and structures, storage/utility sheds, wells/well houses, gazebos, patios, etc. (refer to definition of accessory building in Article 3).
3. 
Shipping containers (see Article 24).
4. 
Vegetable and flower gardens, non-commercial greenhouses.
5. 
Private recreation facilities (See Article 24).
6. 
Fences (See Section 22.2 of this article).
7. 
Home Occupations (see Article 24).
Building permits and certificates of occupancy may be required as prescribed herein or in the Building Code.
22.1.2 
In R-3, R-4, and R-5 Districts:
1. 
Any use as listed above in 22.1.1
2. 
Designated area for garbage and trash containers.
22.1.3 
In R-6 and R-7 Districts:
1. 
Any use as listed above in 22.1.2
2. 
Subordinate uses for hotels, motels, and bed and breakfast establishments. Such facilities shall include, but not be limited to, retail shops, restaurants, clubs and lounges, and shall be wholly or partially within the primary structure and not built or used as a detached structure or facility.
3. 
Piers, boat docks and related marine facilities may be detached from the main structure and are to be used only by the occupants and their guests.
22.1.4 
In B-1, B-2, I-1 and I-2 Districts:
1. 
Any use as listed in 22.1.3, except that 1) child care centers and nurseries shall not be located in an I district, and 2) shipping containers as addressed in Section 24.2.3 [section 118-24, subsection 24.2.3].
2. 
Accessory use, which is deemed subordinate to the main use.
3. 
Multiple structures or usages in conjunction with shopping centers.
22.1.5 
Temporary buildings, industrialized buildings or portable buildings used for construction offices are permitted in any district as accessory buildings only during the course of construction.
22.1.6 
1. 
Any accessory building or structure (except concrete flatwork or wooden decking) shall have a minimum five (5) foot rear and side yard setback from property lines and shall not be built over an easement. Front yard and side street yard setbacks must be observed. A minimum open space of ten (10) feet shall be established between all unattached buildings.
2. 
An accessory building or structure exempt from permit requirement under either Chapter 1 of the International Residential Code or Chapter 1 of the International Building Code is exempt from both rear and side yard setbacks and the 10 foot minimum separation between buildings. However, such accessory buildings or structures are not exempt from front yard and side street yard setbacks. The 10 foot minimum separation between buildings in front and side street yards shall be observed.
3. 
No accessory building or structure may be built on or over a recorded easement.
4. 
An accessory building may be erected as an integral part of the principal building or erected detached from the principal building. Should the accessory building be connected therewith by a breezeway or similar structure to the principal building, this shall not lessen the 10 foot separation requirement unless:
*
The accessory building is attached to and made structurally a part of the principal building, and
*
The accessory building shares a common wall with the principal building, and
*
The accessory building complies with this ordinance and the building code applicable for such structures.
22.1.7 
Reserved.
22.1.8 
In all R-districts, such usages as yard sales, garage sales, lemonade stands and neighborhood car washes are permitted not more than three (3) times per year per location.
22.1.9 
Reserved.
22.2 
Fence Regulations.
The purpose of these regulations is to permit the use of fences upon real property subject to the following:
Fences shall consist of material and design that is common to the built environment for fences and shall be limited to chain link, wire mesh, wood, masonry, stone, manufactured composite materials designed for exterior fencing, metal or combinations of same. Some industry trade names may include Manufactured Vinyl Fencing, Cable Rail Fencing, Trex, Timbertech, Evergrain or equal.
ii 
No fence shall consist of material and design that is uncommon to the built environment for fences including stacked fire wood, hay bales, scrap material, glass containers, cans, barricade material, tape, metal panels and any kind of sheathing material.
iii 
Solid fences shall only be constructed of wood lumber (not wood/plastic composite or wood structural panel as defined by the building code), stone or masonry or combinations of same.
iv 
Maintenance of all fences shall be the responsibility of the respective property owner and/or occupant.
22.2.1 
When annexed rural or farm land exists, barbed wire fences may be permitted.
22.2.2 
Except, as otherwise allowed in this subsection, fences in R-1 through R-7 districts shall not exceed six (6) feet in height. Fences adjacent to city parks or public space shall not exceed eight (8) feet in height. Fences on a property adjacent to business or industrial districts shall not exceed the maximums allowed for the adjacent district, whichever is higher. For the purpose in this subsection, when a street right-of-way divides two districts, it is considered to be a separation between the districts, and a property on one side of the street is not considered adjacent to the district on the other.
22.2.3 
Except, as otherwise allowed in this subsection, fences in B districts shall not exceed eight (8) feet in height. Fences on a property adjacent to industrial districts shall not exceed the maximum allowed for the adjacent district, whichever is higher. For the purpose in this subsection, when a street right-of-way divides two districts, it is considered to be a separation between the districts, and a property on one side of the street is not considered adjacent to the district on the other.
22.2.4 
Fences in I districts shall not exceed ten (10) feet in height. For the purpose in this subsection, when a street right-of-way divides two districts, it is considered to be a separation between the districts, and a property on one side of the street is not considered adjacent to the district on the other.
22.2.5 
The zoning administrator may approve special enhancements (arches) to gates or other openings within a fence.
22.2.6 
Easements may be fenced as long as access is provided either through gates or removable fence sections. Replacement, removal or maintenance of fencing is the responsibility of the property owner.
22.2.7 
Fence heights are measured by the following methods:
1. 
Fences erected on the ground are to be measured from the top of grade or average ground level to the top of fence.
2. 
Fences erected on raised footings (curbing) are to be measured from the top of footing, if footings are no higher than six (6) inches above grade, to top of fence.
3. 
Fences erected on bulkheads, retaining walls, decks, porches, patios or other such raised surfaces, are to be measured from the top of such surface to the top of fence.
4. 
For architectural purposes, posts, pillars or supporting columns for fences may be extended above the fence level an additional twelve (12) inches above the fence.
5. 
Wood board fences constructed with a six (6) inch kick-board along the bottom will be allowed to extend the fence height to six (6) feet - six (6) inches.
22.2.8 
On any corner lot on which a front or side yard is required, no fence, wall, structure or vegetation used as a fence shall be permitted or maintained higher than three (3) feet above the level of the center of the roadway within a vision triangle formed by a straight line from the points of the two intersecting right-of-way lines twenty (20) feet back from their common intersection. Chain link fence are allowed within this triangle sight area. This restriction shall not apply to permanent structures authorized by other sections of this ordinance, the building code or by other local, state or federal laws. (Refer to Chapter 106, Rockport Code of Ordinances for landscaping within the vision triangle.)
22.3 
Buffering and Screening Regulations.
Buffering and screening requirements shall be in accordance with the City of Rockport Tree & Landscape Regulations.
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(Ordinance 1027, art. 22, 4-9-96; Ordinance 1571, § 1, 5-22-12)