At times the city council will approve temporary changes and non-text changes, such as conditional use permits and planned unit developments to the comprehensive zoning ordinance. Although these changes amend the ordinance, the text of the amending ordinance is not ordinarily added to the Code. These changes will be listed in this appendix to enable the city to keep an accurate record of all such amendments.

(Ord. No. 94-01, § 1, 2-1-1994; Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 12.01. See editor's note to art. 7.

(1)

Limited construction on utility easements on NASA Parkway I: Construction on city utility easements adjacent to NASA Parkway I only may be permitted under the following limited circumstances:

a.

Hardship is demonstrated to the satisfaction of the director of public utilities and the building official;

b.

Construction on the easement does not adversely affect the city's ability to access the easement;

c.

Both the director of public utilities and the building official give written permission for the construction.

This provision shall end with the completion of the widening of that portion of NASA Parkway I within the city limits of Seabrook.

(Ord. No. 94-01, § 1, 2-1-1994; Ord. No. 2019-05, § 2, 2-5-2019)

Note— Former § 12.02. See editor's note to art. 7.

(1)

Ordinance No. 94-07 grants a conditional use permit to Charles Fimble to operate boat sales and service at 2700 NASA Road I. Failure to comply with the ordinances of the City of Seabrook shall result in the immediate termination of this permit. This permit shall not be transferred to any other person(s) or address.

(2)

Ordinance No. 2002-10 grants a conditional use permit to Hooters to operate a restaurant located at 1818 NASA Road 1 with late hours on-premises consumption of beer and wine in a C-2 zone. Failure to comply with the ordinances of the City of Seabrook shall result in the immediate termination of this permit. This permit shall not be transferred to any address.

(3)

By Ordinance No. 2002-12, Dolphin Street Inc. was granted a conditional use permit to operate a bar with late hours on-premises consumption of alcoholic beverages located at 1913 NASA Road 1, within zoning district C-2. Failure to comply with all ordinances of the City of Seabrook shall result in the immediate termination of this permit. This permit shall not be transferred to any other address. This permit expired as the business terminated operation for more than three months. A new conditional use permit is granted to operate at the same location as shown in subsection (8).

(4)

By Ordinance No. 2003-01, First Baptist Church was granted a conditional use permit to operate a church to be located at 1506 Bayport Boulevard, within Zoning District C-2. Failure to comply with all ordinances of the City of Seabrook shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(5)

By Ordinance No. 2003-03, J.A. Billipp Company was granted a conditional use permit to allow townhouses at the end of Lakewood Yacht Club Drive within zoning district MMU. Failure to comply with all ordinances of the City of Seabrook shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(6)

By Ordinance No. 2003-04, a conditional use permit to operate a restaurant with late hours on-premises consumption of alcoholic beverages was granted to 3329 NASA Road 1, within zoning district WAD with the condition that the restaurant not be allowed to play any music outside the building after 12:00 midnight. In addition, council reserves the right to order an audit at the city's expense not more often than annually to determine that the establishment meets the definition of a restaurant as contained in the city's zoning ordinance. Failure to comply with all ordinances of the city or with the additional condition(s) established shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(7)

By Ordinance No. 2003-13, a conditional use permit was granted to operate a bed and breakfast establishment located at 1010 Milby. One full-time employee may be employed to assist in the operation of the bed and breakfast facility as approved by majority vote of the city council on August 19, 2003. Failure to comply with all ordinances of the city and with the conditions of this permit shall result in immediate termination of this permit. This permit shall not be transferred to any other address.

(8)

By Ordinance No. 2003-19, a conditional use permit was granted to operate a bar with late hours on-premises consumption of alcoholic beverages located at 1913 NASA Parkway, within zoning district C-2. By Ordinance No. 2005-16, the original conditional use permit granted by Ordinance No. 2003-19, was expanded to allow for the construction of an outside deck at 1913 NASA Parkway for additional seating and entertainment and the playing of live music on Saturdays and Sundays form 12:00 noon until 5:00 p.m. and piped in or soft music by speakers from 12:00 noon until 10:00 p.m. seven days a week outside the confines of the building The expanded use is granted for a term of two years from the final approval date of this ordinance. At least 90 days before the expiration of this permit, the applicant or his or her successor, may make application with the community development department for an extension of this permit by completing a conditional use permit request. The request shall follow the procedures of conditional use permits outlined in the city Code. If the applicant or successor fails to apply for an extension of the permit, the expanded use shall expire automatically after two years from the final approval date of this ordinance which shall be at 11:59 p.m. on July 5, 2007, without any further action on the part of the city. Failure to comply with all ordinances of the city shall result in the immediate termination of this permit. This permit shall not be transferred to any other address. This conditional use permit replaces the permit previously granted to another business entitled Dolphin Street, Inc. at the same address as shown in section 13.03(3).

(9)

By Ordinance No. 2004-13, a conditional use permit is hereby granted to allow 34 townhouses in a MMU (marine oriented mixed use) district located on a 4.274 acre tract of land located south of Red Bluff Road and the Harris County right-of-way, north and west of Shady Lake Subdivision and east of Taylor Lake. The metes and bounds description for this property is shown on Attachment A which is made a part of this ordinance. Such conditional use permit shall be in conformance with all city ordinances, including the comprehensive zoning ordinance and subdivision ordinance. Such conditional use permit shall also be in conformance with the site plan submitted by the applicant as shown on Attachment B which is made a part of this ordinance. Such conditional use permit shall be conditioned upon the establishment of and maintenance of landscaping in the form of shrubs to be not less than six feet in height of a type and density approved by the city director of community development or designee to provide a visual barrier between this property and the adjoining R-1 zoning district. Failure to comply with all ordinances of the city or with the special landscaping requirement listed in this paragraph shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(10)

By Ordinance No. 2005-13, Seabrook United Methodist Church was granted a conditional use permit to operate a church to be located at 3300 Lakeside Drive within zoning district R-1: Single-family, detached residential. Failure to comply with all ordinances of the City of Seabrook shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(11)

By Ordinance No. 2005-31, a conditional use permit to operate a restaurant with late hours on-premises consumption of alcoholic beverages was granted for 1918 NASA Parkway, within Zoning District C-2 with the condition that the restaurant not be allowed to play any music outside the building after 12:00 midnight. Such Conditional use Permit shall also be in conformance with the site plan submitted by the applicant and made a part of Ordinance No. 2005-31. Failure to comply with all ordinances of the City of Seabrook or with the condition(s) established shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(12)

By Ordinance No. 2006-17, a conditional use permit was granted for the phased construction of two condominium towers containing a maximum of 210 condominium units (105 units per tower) to be located north of Clear Creek, east of Clear Lake, west of SH-146, south of Cut Off Bayou within Zoning District MMU provided that there is construction of an additional bridge adjacent to the existing bridge to provide an additional access point. Such conditional use permit shall be in conformance with the site plan submitted by the applicant and made a part of Ordinance No. 2006-17 specifically conditioned upon applicant receiving approval pursuant to the subdivision ordinance, section 62-42, waiving the requirement for one ingress and egress point for each (75) residential units, which will be requested by developer at the platting stage; applicant receiving approval pursuant to the subdivision ordinance, section 62-43, waiving a curb and gutter drainage system, which will be requested by developer at the platting stage; and compliance, as agreed to by applicant, with Ordinance No. 2006-11 "Standards for High Rise Development" as approved by city council. Failure to comply with all other ordinances of the City of Seabrook, including a proper site plan, shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(13)

By Ordinance No. 2006-18, a conditional use permit was granted to allow seven townhouses on a 3.9461 acre tract of land out of Reserve "A" of Wildwood Plaza which is located south of Lakeside Landing; north of NASA Parkway; west of Mud Bayou, and east of Lakeside Drive within Zoning District MMU. Failure to comply with all ordinances of the City of Seabrook shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(14)

By Ordinance No. 2006-23, a conditional use permit was granted to allow (99) condominiums on a 2.8914 tract of land out of the Seabrook Land Company, Reservation K, Ritson Morris Abstract No. 52, in Seabrook. This property is located north of Waterfront Drive, south of Todville Road, east of SH-146 and west of Galveston Bay. Such conditional use permit is conditioned upon applicant's performance of its representations included in the subject ordinance, including construction as depicted in attachment A to Ord. No. 2006-23; reconstruction of the viewing platform on 10th Street overlooking Galveston Bay, known as McHale Park at a location acceptable to the city, (as offered and agreed by applicant) prior to final platting; providing evidence of ownership of the subject tract and obtaining all necessary approvals from state and federal agencies, (including by way of illustration but not limitation, the GLO, Environmental Protection Agency) and shall be in conformance with all city ordinances, including the comprehensive zoning ordinance and subdivision ordinance. Failure to comply with all ordinances of the city shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(15)

By Ordinance No. 2008-14, a conditional use permit was granted to allow for the construction of a hotel whose finished floor elevation does not exceed 74 feet 11 inches in a C-2 (medium commercial) district located on a 4.7 acre tract of land located at the northwest corner of NASA Parkway and Repsdorph Road. Failure to comply with all ordinances of the City of Seabrook, the submitted site plan or conditions imposed by the city council shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(16)

By Ordinance No. 2010-02, a conditional use permit was granted to allow the operation of an open-air market on three acres of land, more or less, out of Tracts 1, 2 and 3, Abstract, 52, Ritson Morris Survey which is located at 1325 Meyer Road within the OS Zoning District. Such conditional use permit is further conditioned upon the applicant's performance as referenced in section I of this ordinance and shall also be in conformance with the site plan submitted by the applicant as shown on Attachment A which is made a part of this ordinance. Failure to comply with all ordinances of the City of Seabrook shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(17)

By Ordinance No. 2010-12, a conditional use permit was granted to allow the operation of a communications tower on Tract 1G of the Repsdorph Partition, Abstract, 52, Ritson Morris Survey which is located in the 1900 block of Repsdorph Road within a C-3 zoning district. Such conditional use permit is further conditioned upon the applicant's performance of its representation(s) as referenced in section 1 of this ordinance; and shall be in conformance with the site plan submitted by the applicant as shown on Attachment A which is made a part of this ordinance. The communications tower shall also conform fully to the provisions of section 4.25, "Communications tower and antennae," and, in particular, property setback and equipment screening requirements together with the related regulations requiring all freestanding towers to be "stealth" or "concealed antennae" types. Failure to comply with all ordinances of the City of Seabrook shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(18)

By Ordinance No. 2010-18, a conditional use permit was granted to allow the operation of a contractor without outside storage at 1105 Moskowitz which is located in a C-2 zoning district. Such conditional use permit is further conditioned upon the applicant's performance of its representation(s) as referenced in section 1. Failure to comply with all ordinances of the City of Seabrook shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(19)

By Ordinance No. 2011-09, a conditional use permit was granted to allow the operation of a Motorcycle Sales and Service Shop at 910 Bayport Boulevard which is located in a C-2 zoning district in accordance with strict compliance of the following conditions: (1) Applicant's development shall conform to the final site plan submitted to City Council as shown on Attachment A, subject to compliance with all governmental regulations, specifically including any TxDot regulatory restrictions; (2) Applicant shall comply with the final landscaping plan submitted to City Council, by installation and maintenance of landscaping, as shown in Attachment B, including the delineation of the property with large gauge nautical rope to address regulation of vehicular ingress/egress and traffic circulation; (3) Applicant shall establish a separate room within the building structure for use of dynamometer testing, (and similar equipment uses that create excessive noise), if such equipment is to be used on site, to minimize noise and to insure full compliance with the noise requirements as contained in the City Code of Ordinances, a current copy of which is attached hereto; (4) Applicant shall perform no State inspections of motor vehicles/motorcycles; (5) all dumpsters/outside waste containers, specifically including fluid collection containers shall be fenced and screened from public view; and (6) all vehicle/motorcycle testing shall be conducted on State Highway 146 to address traffic circulation concern. Failure to comply with all ordinances of the City of Seabrook, specifically including this Ordinance, shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(20)

By Ordinance No. 2011-11, a conditional use permit was granted to allow the operation of a Bar at 1717 Second Street which is located in a C-2 zoning district in accordance with strict compliance of the following condition: (1) All live music on the premises will be performed indoors unless a special event permit shall have been duly considered and approved by the City Council. Failure to comply with all ordinances of the City of Seabrook, specifically including this Ordinance, shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(21)

By Ordinance No. 2016-02, a conditional use permit was granted to allow the construction and operation of a Hotel without a full service restaurant on the Property at 3000 NASA Parkway which is located in a C-2 zoning district. Failure to comply with any conditions imposed and all ordinances of the City of Seabrook shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(22)

By Ordinance No. 2016-06, a conditional use permit was granted to allow the construction and operation of a Hotel without a full service restaurant at 2710 NASA Parkway which is located in a C-2 zoning district. Failure to comply with any conditions imposed and all ordinances of the City of Seabrook shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(23)

By Ordinance No. 2017-46, a conditional use permit was granted to allow the operation of a bar at 5735 Bayport Boulevard which is located in a C-2 zoning district in accordance with strict compliance of the following condition: (1) All live music on the premises will be performed indoors unless a special event permit shall have been duly considered and approved by the city council. Failure to comply with all ordinances of the City of Seabrook, specifically including this ordinance, shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(24)

By Ordinance No. 2018-28, a conditional use permit was granted to allow the operation for Boat Sales at 2000 Larrabee Street which is located in a C-2 zoning district. This permit shall not be transferred to any other address.

(25)

By Ordinance No. 2019-01, a conditional use permit was granted to Greg Votaw, doing business as "Atonement Tattoo," to allow the operation of a tattoo parlor at 2622 NASA Road One, Suite H which is located in a C-2 zoning district. Such conditional use permit is conditioned that applicant's hours of operation shall not be earlier than 11:00 a.m. and no later than 10:00 p.m.; such use and operation shall be in accordance with the representations of applicant's CUP application, attached hereto and incorporated by reference and the agreed restrictions. Failure to comply with all provisions of the Seabrook Code, this ordinance, and state laws, rules and regulations pertaining to the operation and use made the basis of this CUP shall result in the immediate termination of this permit. This permit shall not be transferred to any other address.

(26)

By Ordinance No. 2020-09, a conditional use permit was granted to allow the operation of a "Bar" at 2900 E. NASA Parkway, Suite 250 which is located in a C-2 zoning district. This permit shall not be transferred to any other address.

(27)

By Ordinance No. 2020-08, a conditional use permit was granted to allow the operation of an "Open Air Market" at 902 Hardesty Avenue which is located in an OS zoning district. This permit shall not be transferred to any other address.

(28)

By Ordinance No. 2022-10, a conditional use permit is granted to allow the operation of a "Axe Throwing Venue" at 1002 N. Meyer Avenue, Suite A., which is located in the (OS) Old Seabrook Zoning District, such use strictly conditioned upon: At least one employee of the axe throwing venue, must be certified as a seller/server by the Texas Alcoholic Beverage Commission (TABC), and shall be present during all hours of operation. This permit shall not be transferred to any other address.

(29)

By Ordinance No. 2023-14, a conditional use permit was granted to allow the operation of an "Open Air Market" at 1409 Main Street which is located in an OS zoning district. This permit shall not be transferred to any other address.

(Ord. No. 94-07, § 1, 4-5-1994; Ord. No. 2002-11, § 2, 6-4-2002; Ord. No. 2002-12, § 2, 7-16-2002; Ord. No. 2003-03, § 3, 4-8-2003; Ord. No. 2003-04, § 3, 4-8-2003; Ord. No. 2003-01, § 3, 2-18-2003; Ord. No. 2003-13, § 3, 10-7-2003; Ord. No. 2003-19, § 3, 12-30-2003; Ord. No. 2004-13, § 2, 10-5-2004; Ord. No. 2005-15, § 3, 7-5-2005; Ord. No. 2005-16, § 3, 7-5-2005; Ord. No. 2005-31, § 3, 12-6-2005; Ord. No. 2006-23, § 3, 11-21-2006; Ord. No. 2008-14, § 3, 8-12-2008; Ord. No. 2010-02, § 3, 4-6-2010; Ord. No. 2010-12, § 3, 6-15-2010; Ord. No. 2010-18, § 3, 9-7-2010; Ord. No. 2011-09, § 3, 7-19-2011; Ord. No. 2011-11, § 3, 9-6-2011; Ord. No. 2016-02, § 3, 2-2-2016; Ord. No. 2016-06, § 3, 3-15-2016; Ord. No. 2017-46, § 3, 12-5-2017; Ord. No. 2018-28, § 3, 11-6-2018; Ord. No. 2019-01, § 3, 2-5-2019; Ord. No. 2019-05, § 2, 2-5-2019; Ord. No. 2020-08, § 3, 3-3-2020; Ord. No. 2020-09, § 3, 3-3-2020; Ord. No. 2021-09, § 3, 5-4-2021; Ord. No. 2022-10, § 3, 6-7-2022; Ord. No. 2023-14, § 3, 7-18-2023)

Note— Former § 12.03. See editor's note to art. 7.