Rockport City Zoning Code
§ 118-24
Special conditions.
24.1
General.
The following sections describe special conditions under which certain uses are permitted in a zoning district when reference is made to one or more of said sections in the Ordinance. A building permit or certificate of occupancy shall not be issued for any permitted use with "Special Conditions" until all of the required conditions have been met.
24.2
Special Conditions By Use.
24.2.1
Adult Entertainment Uses.
The following special conditions and regulations shall apply for adult entertainment uses (see definitions in Article 3 of this ordinance) without regard to whether the adult entertainment use is a primary or accessory use.
1.
An adult entertainment use shall not be established or expanded within 1,500 feet of the district boundary line of any residential or PUD zoning district.
2.
An adult entertainment use shall not be established or expanded within 1,500 feet of any other adult entertainment use, bar, pool hall, liquor store or any other establishment which sells or serves alcoholic beverages.
3.
An adult entertainment use shall not be established or expanded within 1,500 feet of the property line of a church, school, or public park.
4.
Because adult entertainment uses generally have unusual nuisance characteristics which can be incompatible and injurious to other commercial or residential uses and which may significantly diminish or impair area property values and impede the normal and orderly development of surrounding areas, a Conditional Use Permit (CUP) shall be required when an adult entertainment use is pending (refer to Article 23 [section 118-23]). In making their decisions, both the Planning & Zoning Commission and the City Council shall determine the overall impact such developments will have on the community.
24.2.3
Accessory Building.
An accessory building may be erected as an integral part of the principal building or erected detached from the principal building. Accessory buildings shall only be erected on the same lot as the main structure and shall maintain a minimum open space of ten (10) feet between all other buildings. Separate utilities for accessory buildings shall be provided from those utility services serving the main structure (see Article 23, Sec. 23.2.17 [section 118-23, subsection 23.2.17]). Accessory buildings may be constructed to coincide with the construction of the main structure but in no case shall they be constructed without a main structure. Such accessory buildings shall conform to all yard, open space and off-street parking requirements addressed herein.
Pre-constructed buildings, portable structures, prefabricated buildings, and similar buildings, structures and containers shall not be used for accessory buildings unless approved by the State of Texas under the Industrialized Housing and Building Act. Structures built on site and available for all construction inspections are not included in this requirement. Shipping containers, as defined herein, shall only be used as accessory storage structures in B and I zones. No more than two shipping containers shall be permitted except by Special Permit. Containers shall not be stacked.
24.2.4
Private/Semi-Private Recreation Facilities.
Private/semi-private recreation facilities in residential districts shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquet ball, croquet, tennis courts and meeting or locker rooms. Private recreation facilities shall be no closer than twenty (20) feet of any street right-of-way or within ten (10) feet of any abutting property line. Activity areas shall have a screening fence from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public.
24.2.5
Reserved.
24.2.6
Reserved.
24.2.7
Refer to other City Codes and Ordinances which may relate to or affect a permitted use and any accessory use.
24.2.8
Refer to Code of Ordinances for oil/gas well drilling.
24.2.9
Refer to State Law regarding Cemetery and Cemetery Operations.
24.2.10
Regulation of Home Occupations.
24.2.10.1
The accessory use of a home occupation is allowed in all zoning districts, except I Districts, as regulated by this section. No person shall conduct a home occupation in a non-residential zoning district without first making application for and receiving approval by the Building Official for a Certificate of Occupancy (C of O) required by Article 27 of the Rockport Zoning Ordinance [section 118-27 of this Code]. Should a permitted home occupation cease, a new application and C of O shall be required for any new activity.
24.2.10.2
A home occupation or activity, or any occupant's actions in the residence or on the premises, shall:
24.2.10.2.1
Not have exterior or interior signage to advertise said occupation and there shall be no illumination or other devices of attraction. Home occupations in non-residential zoning districts may have signs as regulated by Chapter 6 Advertising, Rockport Code of Ordinances;
24.2.10.2.2
Not employ nor openly subcontract with any person other than the occupants of the residence;
24.2.10.2.3
Not conduct such occupation or activity where any routine outdoor activity related to the occupation or activity shall be visible from neighboring property.
24.2.10.2.4
Not conduct any retail sales from the premises in conjunction with such home occupation. Orders previously made by telecommunications or as a sales party may be filled on the premises;
24.2.10.2.5
Not have exterior storage of material, equipment and/or supplies used in conjunction with such occupation or activity;
24.2.10.2.6
Not permit excessive noise, vibration, smoke, dust, odor or heat outside the confines of the property lines.
24.2.10.2.7
Not require any specific additional on-site parking which would be in excess of that which is required for the residence (see Article 21 for parking requirements);
24.2.10.2.8
Not generate any increase traffic flow in greater volumes than normally associated with a residential neighborhood; or
24.2.10.2.9
Not allow the following specific activities: mechanic (auto, boat or small engine repair), machinist, manufacturing operations, welding shops, physical or medical treatment of persons or animals, contractor's shops or yards (electrical, plumbing and HVAC shops), and personal service operations (beauty shops, barber shops).
24.2.10.3
Should the Building Official find that an occupant is in violation of this section notice shall be given to the occupant stating the violation. The occupant shall immediately come into compliance with the home occupation requirements as outlined above or cease and desist the occupation activity within 10 days that notice is given.
24.2.10.4
Should an occupation or activity pre-existing within a newly annexed territory not comply with the provision of this section, then such occupation or activity shall be deemed as non-conforming and shall therefore be regulated pursuant to Article 25 [section 118-25] of this document.
24.2.10.5
It shall be unlawful for a person to have or allow a home occupation in a non-residential district to be in violation of 24.2.10 of this article [section].
24.2.11
Regulation of Industrialized Housing.
Single-family or duplex industrialized housing must have all local permits and licenses that are applicable to other single-family or duplex dwellings. Industrialized housing and buildings must meet or exceed the requirements of Chapter 1202. "Industrialized Housing and Buildings" of the Texas Occupations Code. In addition, single-family or duplex industrialized housing is considered real property and must:
24.2.11.1
Have a value equal to or greater than the median taxable value for each single-family or duplex dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;
24.2.11.2
Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family or duplex dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;
24.2.11.3
Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family or duplex dwellings; and
24.2.11.4
Be securely fixed to a permanent foundation.
24.2.11.5
For the purpose of subsection 24.2.11.1., "value" means the taxable value of the industrialized housing and the lot after installation of the housing,
24.2.11.6
Except as provided by subsection 24.2.11.1., a municipality may not adopt a regulation that is more restrictive for industrialized housing than that required for a new single-family or duplex dwelling constructed on-site.
24.2.11.7
This section does not limit the authority of a municipality to adopt regulations to protect historic properties or historic districts nor does it affect deed restrictions.
24.2.12
Communication/Cell Towers. Communication/Cell Towers, by CUP. In addition to CUP requirements, the following conditions shall apply to a Communication/Cell Tower and may be in addition to any other conditions as may be applicable:
24.2.12.1
Tower shall not exceed 150 feet in height measured at ground level. Antennas placed on buildings or other independent support structure shall not exceed this height requirement;
24.2.12.2
Tower shall not have guy-wires for bracing. Preferable tower shall be of the monopole type or three legged truss frame type;
24.2.12.3
Tower may be incorporated/camouflaged into other structures (i.e.: water towers, buildings, etc.) as approved;
24.2.12.4
Roof mounted antenna structure shall be built of non-combustible material;
24.2.12.5
Accessory building for tower shall be built of non-combustible material;
24.2.12.6
Tower site shall be fenced and landscaped as required;
24.2.12.7
Tower shall not be illuminated except as required by the Federal Aviation Administration (FAA) or other applicable federal or state agency; or
24.2.12.8
Tower shall not be allowed within the following locations:
(a)
Eastward of Church Street from Third Street northward to Texas Business Highway 35.
(b)
Within 1,000 feet of the waters of Aransas Bay or Little Bay;
(c)
Within 500 feet from any school, public park and areas of organized outdoor activities for children; or
(d)
Within 200 feet from the nearest residential (single, duplex or multi-family) zoning district boundary as defined by the city's Zoning Ordinance.
24.2.12.9
The prohibitions in this section shall not apply to towers used exclusively by governmental entities.
24.2.12.10
In the event the use of any Wireless Communication system, which would include any antenna support structure, has been discontinued for a period of one hundred eighty (180) consecutive days, the antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Building Official who shall have the right to request documentation and/or affidavits from the antenna support structure owner/operator of the antenna support structure shall remove the antenna support structure within ninety (90) days of receipt of notice from the Building Official notifying the owner/operator of such abandonment. If such antenna support structure is not removed within said ninety days, the Building Official may cause such antenna support structure to be removed at the owner's expense. If there are two or more users of an antenna support structure, this provision shall not become effective until all users cease using the antenna support structure.
24.2.13
Regulation of Manufactured Housing Parks.
1.
General Provisions.
The following general provisions are required for the development or the expansion of Manufactured Housing Parks.
2.
Mobile Homes, as defined, are prohibited within Manufactured Housing Parks inside the city limits of the City of Rockport unless such mobile home existed prior to annexation. Replacement of an existing mobile home shall be with a HUD-Code Manufactured Home. Replacement of an existing HUD-Code Manufactured Home shall be with a HUD-Code Manufactured Home of equal size, but not less than 320 square feet, or larger, and be a newer model.*
* NOTE: Newer model is defined as a manufactured home with a manufactured date being not more than ten (10) years prior to the calendar year it is to be placed on the property. |
3.
Upon application, the installation of a Manufactured Home Park shall be permitted as determined appropriate by the City through a conditional-use permit (CUP), including a Planned Unit Development (PUD) that may contain a Manufactured Home Park. An application to install a HUD-Code Manufactured Home for use and occupancy as a residential dwelling is deemed approved and granted unless the City denies the application in writing within forty-five (45) days from receipt of the application setting forth the reason. An application for installation of a HUD-Code Manufactured Home in a Manufactured Home Park may only be made after a CUP has been granted for the Park.
4.
This section shall not affect the applicability of any deed restriction that is otherwise valid.
5.
Specific Provisions. In addition to CUP approval, land used as a Manufactured Home Park shall be developed according to the following criteria.
6.
The above-described park may include Manufactured Homes. Other uses, in addition to the uses described herein, shall be conditioned or amended, as the case may be, by Special Permit.
7.
The manufactured housing park area shall consist of at least four (4) acres in size. The number and location of external access drives shall be approved by the Zoning Administrator and the Director of Public Works.
8.
Scaled plans and specifications showing details of the proposed park layout shall be submitted and reviewed by city staff prior to any zoning approval and/or building permit activity. Future additions to the park shall be processed in the same manner as an original proposal.
9.
There shall be no minimum lot/space area except that each Manufactured Housing unit shall be located on each space so that there is at least twenty (20) feet unobstructed clearance between units, side-to-side and end-to-end and ten (10) feet unobstructed clearance between units and adjacent permanent structures or lots. No unit shall be closer than ten (10) feet from any internal road and no closer than twenty (20) feet from any external access road.
10.
Manufactured Housing located in the park shall be connected to city water and wastewater systems if available.
11.
Interior access drives shall be maintained with a hard surface, with approved drainage and be of sufficient width in each area to conform with the type of unit to be assigned to the area, as determined by the Zoning Administrator. Parking on interior access drives shall be permitted only if sufficient clearance exists for one (1) car passage in addition to parking.
12.
The park shall conform to all other City of Rockport regulations and codes. All manufactured housing units unoccupied during hurricane season (June 1 to November 30) must be tied down (see Building Code). Lot spaces shall be labeled with numbers to augment identification by 911 operations. Fire hydrants shall be required as specified by the City Manager or his/her designee and shall be included in the park layout plans submitted for approval.
13.
Outside lighting shall be in accordance with the city's Light Nuisance Ordinance.
14.
Storage, collection and disposal of refuse shall be so conducted as to create no health hazard, rodent harborage, insect breeding areas, accident or fire hazard or air pollution. Pets shall be leashed (Animal Control Ordinance).
15.
The property owner/operator shall at all times operate the park in compliance with this ordinance and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean, sanitary and orderly condition at all times.
16.
There shall be at least one (1) recreation area which shall be accessible from all spaces. The site or sites of such recreation area or areas shall total not less than eight percent (8%) of the gross site area of the park.
17.
The park shall be screened from a public place or public right-of-way and adjacent occupied property by a solid screening fence in accordance with subsection 22.2 of this ordinance. Planted vegetation may be allowed as an alternate screening device by the Tree and Landscape Regulations in Chapter 106, Rockport Code of Ordinances.
24.2.14
Regulation of Recreational Vehicle (RV) Parks.
1.
General Provisions.
The following general provisions are required for the development or the expansion of Recreational Vehicle Parks.
2.
Upon application, the installation of a Recreational Vehicle Park shall be permitted as determined appropriate by the City through a conditional-use permit (CUP), including a Planned Unit Development (PUD) that may contain a Recreational Vehicle Park.
3.
This section shall not affect the applicability of any deed restriction that is otherwise valid.
4.
Specific Provisions. In addition to CUP approval, land used as a Recreational Vehicle Park shall be developed according to the following criteria.
5.
The above-described park may include RV’s/Travel Trailers and Campgrounds or any combination thereof. Other uses, in addition to the uses described herein, shall be conditioned or amended, as the case may be, by Special Permit.
6.
Parks containing a combination of RV’s/Travel Trailers and Campgrounds must designate separate areas for each classification. No mixture of RV’s/Travel Trailers, campgrounds, or other approved uses is permitted in any designated area (Density control).
7.
Slips/spaces shall be labeled and maintained with numbers to augment identification by emergency service operations. Identification numbering shall be a minimum of three (3) inches tall, in a contrasting color with the background with a reflective finish, placed in a way to be plainly seen from the access road and protected from vehicular damage.
8.
To assist response by emergency services, the park shall provide a map of the park with each slip/space clearly labeled with its number. The map shall be provided to the Public Safety Communications Department and the park shall provide the Department with an updated map in a timely manner whenever changes are made. The map shall be in black and white and in whatever size necessary to render a legible image but in no case shall be smaller than 8-1/2 inches by 11 inches. The lower right corner shall include a title block noting the name of the park, the park’s address, a contact phone number, and the revision date. The upper left corner shall include a compass.
9.
The park area shall consist of at least four (4) acres in size. The number and location of external access drives shall be approved by the Zoning Administrator and the Director of Public Works.
10.
Scaled plans and specifications showing details of the proposed park layout shall be submitted and reviewed by city staff prior to any zoning approval and/or building permit activity. Future additions to the park shall be processed in the same manner as an original proposal.
11.
There shall be no minimum lot/space area except that each RV unit shall be located on each space so that there is at least twenty (20) feet unobstructed clearance between units, side-to-side and end-to-end and ten (10) feet unobstructed clearance between units and adjacent permanent structures or lots. No unit shall be closer than ten (10) feet from any internal road and no closer than twenty (20) feet from any external access road.
12.
RV’s/Travel Trailers located in the park shall be connected to city water and wastewater systems if available, or permitted water well and an approved on-site wastewater system if city services are not available.
13.
Interior access drives shall be maintained with a hard surface, with approved drainage and be of sufficient width in each area to conform with the type of unit to be assigned to the area, as determined by the Zoning Administrator. Parking on interior access drives shall be permitted only if sufficient clearance exists for one (1) car passage in addition to parking.
14.
A service building to provide necessary sanitation and laundry facilities shall be provided. Such building(s) shall be conveniently located and shall provide fixtures as required by the Plumbing Code.
15.
The park shall conform to all other City of Rockport regulations and codes. Fire hydrants shall be required as specified by the City Manager or his/her designee and shall be included in the park layout plans submitted for approval.
16.
Outside lighting shall be in accordance with the city’s Light Nuisance Ordinance.
17.
Storage, collection and disposal of refuse shall be so conducted as to create no health hazard, rodent harborage, insect breeding areas, accident or fire hazard or air pollution. Pets shall be leashed (Animal Control Ordinance).
18.
The property owner/operator shall at all times operate the park in compliance with this ordinance and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean, sanitary and orderly condition at all times.
19.
There shall be at least one (1) recreation area which shall be accessible from all spaces. The site or sites of such recreation area or areas shall total not less than eight percent (8%) of the gross site area of the park.
20.
The park shall be screened from a public place or public right-of-way and adjacent occupied property by a solid screening fence in accordance with subsection 22.2 of this ordinance. Planted vegetation may be allowed as an alternate screening device by the Tree and Landscape Regulations in Chapter 106, Rockport Code of Ordinances.
21.
All RV/travel trailers must be currently registered and ready for highway use; and
a.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
b.
All recreational vehicles shall be capable of evacuation under its own power or if dependent on external power, the vehicle proposed for external power shall be in running condition.
(Ordinance 1027, art. 24, 4-9-96; Ordinance 1716, 5-22-18; Ordinance 1876, 6-14-22)