The director of administration [city manager] or a designee shall be responsible for establishing such procedures, forms, schedules, and any other administrative activities and materials necessary to implement the provisions of this ordinance, and to keep and maintain records of all zoning actions.

2.02.01. Primary responsibility for enforcement: The code enforcement officer shall be the designated authority charged with the administration and enforcement of this ordinance. The code enforcement officer may also serve as the staff advisor to the city council, planning and zoning commission, board of adjustment, city staff, and citizens relating to the administration, interpretation, implementation, and enforcement of the provisions of this ordinance.

2.02.02. Duties: The code enforcement officer shall have the following duties:

A.

The code enforcement officer shall have the power to make inspections of buildings and premises to carry out the duties prescribed herein.

B.

The code enforcement officer shall examine all building permit applications and shall certify that the proposed construction, moving, alteration, or use complies with the provisions of this ordinance.

C.

The code enforcement officer shall certify all certificates of occupancy prior to their issuance.

D.

The code enforcement officer shall investigate alleged violations of this ordinance, and shall conduct a visual inspection of all uses within the city. If a violation or suspected violation is found, enforcement efforts shall be undertaken by the code enforcement officer.

E.

The code enforcement officer shall perform such other duties as assigned by the director of administration [city manager] relating to the administration, interpretation, implementation, and enforcement of the provisions of this ordinance.

State Law reference— General duties, V.T.C.A., Occupations Code § 1952.101.

2.03.01. When required: A certificate of occupancy shall be required for any of the following:

A.

Occupancy and use of a building hereafter erected or structurally altered;

B.

Change in use of an existing building to a use of a different classification;

C.

Occupancy and use of vacant land, except agricultural use not involving animals;

D.

Change in the use of land to a use of a different classification; and

E.

Any major or significant modification, alteration, or change in a nonconforming use.

2.03.02. Occupancy without certificate prohibited: No such use, or change of use, shall take place until a certificate of occupancy, approved by the code enforcement officer, has been issued.

2.03.03. Procedure for new or altered buildings: Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued within ten days after a written request for the same has been made to the code enforcement officer or his or her agent, and only after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this ordinance.

2.03.04. Procedure for vacant land use or a change in building use: Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use to a conforming use, as herein provided, shall be submitted to the code enforcement officer for review on forms available in the code enforcement officer's office. If the proposed use is in conformity with the provisions of this ordinance and has been approved by the code enforcement officer, the certificate of occupancy shall be issued within ten days after the application for the same has been made.

2.03.05. Contents of certificate of occupancy: Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of Seabrook's codes and ordinances. A record of all certificates of occupancy shall be kept on file in the office of the code enforcement officer or his or her designee and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected.

2.03.06. Temporary certificate: Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the code enforcement officer for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this ordinance.

The comprehensive zoning ordinance has been written to include a list of permitted uses within the city. Uses not listed in the comprehensive land use regulation matrix are not permitted anywhere within the City of Seabrook. Any applicant wishing to add a use shall follow the proper zoning change procedures listed elsewhere in this chapter under "new and unlisted uses," including the passage of an amending ordinance after proper notification to the public and two readings of the amending ordinance.

From time to time, amendments may be made to the comprehensive zoning ordinance to specifically preclude a use from being added as a "new and unlisted use." This may be done when establishment of the use may pose a threat to health, safety and welfare of the community and/or the establishment of that use may be in direct violation of other city ordinances such as the noise ordinance. The addition of a specifically prohibited use may also be included in this section to clarify to the public that such a use was considered and rejected by the community. A listing of specifically prohibited uses will inform potential applicants that the absence of such uses in the matrix was not due to oversight on the part of the planning and zoning commission or the city council.

Uses specifically prohibited within the city limits and which shall not be added according to the procedures listed in section 2.07, "New and unlisted land uses," are as follows:

1.

Rail tracks, lines, spurs, yards, storage and marshaling areas and all other associated rail uses are prohibited within all zoning districts in the City of Seabrook.

2.

Shipping/storage containers whether used for outside storage, as an inhabited structure or for any other purpose.

3.

Exception: Shipping/storage containers may be permitted exclusively for conversion into above-ground or below-ground swimming pools or spas, provided they comply with all applicable construction codes as prescribed by Division 9 (Swimming Pools), safety regulations, and permitting requirements. Use of containers under this exception shall not include any form of habitation or storage unrelated to the swimming pool or spa function. All such uses shall be reviewed and approved by the city's building official prior to installation or construction. All required permits shall be obtained prior to commencing any work.

(Ord. No. 98-15, § 1, 8-18-1998; Ord. No. 2001-19, § 3, 11-20-2001; Ord. No. 2025-09, § 2, 10-21-2025)

2.04.01. Purpose of amendments: The purpose of an amendment procedure is to provide for changes in the text of the zoning ordinance (text amendment) and to change the boundaries of zoning districts (rezoning) shown on the official zoning map. Since these regulations represent the city's effort to provide for the orderly development of the community, no change shall be made in these regulations except:

A.

To correct an error in the regulations or map;

B.

To recognize changed or changing conditions or circumstances in a particular locality or area; or

C.

To recognize a change in public plans or policies that affects the property.

2.04.02. Applicant qualifications: Any person, or corporation, or an authorized agent thereof, having a proprietary interest in any property, may initiate proceedings to allow the consideration of a change in the zoning classification of such property or to the regulations pertaining to said property. Such applications shall be submitted to the planning and zoning commission for its recommendation and report prior to submittal to the city council for consideration. In the event that ownership stated on the application and that shown on city records are different, the applicant shall submit proof of ownership or legal standing to submit the application. Along with such application, the property owner shall grant written permission to the city to enter the property for the purpose of posting notice signs or for any other purpose as may be necessary to process such application. The planning and zoning commission or city council may, on its own motion, initiate proceedings to consider a change to the zoning on any property or to the regulations pertaining to property, when it finds that the public interest would be served by consideration of such a request.

2.04.03. Application form: Each application for a text amendment or rezoning shall be made in writing on a form provided by the Seabrook director of administration and shall be filed with the director of administration. Each application shall be accompanied by payment of the appropriate fee. An application for a rezoning shall also include plans and drawings in a form acceptable to the director of administration and containing sufficient information necessary to determine the impact on properties affected by the rezoning request.

2.04.04. Separate or joint meeting options: The city council may exercise discretion in holding either a joint public hearing session with the planning and zoning commission, or separate meetings by each respective group. In either case, the procedures outlined in the remainder of this article shall be followed. All such meetings shall be separate unless called for a joint meeting on the recommendation of the city manager, approved in writing by the mayor (or in the absence of the mayor, the mayor pro tem).

2.04.05. Public hearing, planning and zoning commission: Upon receipt of a complete application for rezoning or text change, the director of administration shall set a date for public hearing before the planning and zoning commission. The planning and zoning commission shall make a preliminary report and hold public hearing thereon before submitting its final report. Written notice of public hearings before the planning and zoning commission on proposed changes in permitted uses or classification of property shall be sent to owners of real property lying within 200 feet, (and the city will endeavor to provide notice to owners of real property lying within 500 feet of the property on which the change in permitted use or classification is proposed, such notice to be given before the 15th day of the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the most recently approved Harris County Appraisal District tax rolls made available to the city. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making renditions which are included on the last approved city tax roll, notice to such owners shall be given by publication in the manner provided in subsection 2.04.07 of this section.

2.04.06. Planning and zoning commission report: After public hearing, the planning and zoning commission shall submit a final report to the city council with a recommendation that the application be approved, approved with amendments and conditions, tabled or denied.

2.04.07 Public hearing, city council: After receipt of the final report from the planning and zoning commission, a public hearing shall be held by the city council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication one time in a paper of general circulation in the city, stating the time and place of such hearing. Such notice shall be published before the 15th day before the hearing but not more than 30 days before the hearing. The city shall endeavor to provide notice of such hearing to owners of real property lying within 500 feet of the property on which the change in permitted use or classification is proposed, such notice to be given before the 15th day of the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the most recently approved Harris County Appraisal District tax rolls made available to the city. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making renditions which are included on the last approved city tax roll, notice to such owners by publication in the manner provided in subsection 2.04.07 of this section. The city council shall not take action until it has received the final report from the planning and zoning commission.

2.04.08. Withdrawal of application: Prior to the issuance of the notice of a public hearing before the planning and zoning commission and city council, the applicant may, by written notice to the director of administration, withdraw the application or request rescheduling of the public hearing to a later regular meeting date. Once public notice is given, the applicant may withdraw the application or request for rescheduling only with the approval of the city council. The city council may reject a request to withdraw an application or request to reschedule and conduct the public hearing as stated in the notification and take action as appropriate within the context of the public notice provided.

2.04.09. Protests: In the event a protest to an application is timely filed with the city secretary, at least two full working days before the matter is scheduled for consideration, duly signed and acknowledged, by the owners of either:

A.

Twenty percent or more of the area of the lots or land covered by the proposed change; or

B.

By 20 percent or more of the area of the lots or land listed on the municipal tax rolls of the city immediately adjoining the area covered by the proposed change and extending 200 feet from such area within the city limits of Seabrook;

such application shall not become effective except by affirmative vote of three-fourths of the city council. In computing the percentage of land area to be considered, the area of streets and alleys shall be included. It is recommended, to facilitate review that the protest document identify the subject of the protest and contain the following information for each person signing the protest: 1) printed name of the signer; 2) printed address or legal description of the property owned by the individual singer; 3) signature of the property owner; and 4) date of signing. In addition, the person(s) circulating the protest document are requested to sign a printed or typed statement on each page of the protest document stating that as the circulator of the document, he or she has personally circulated the protest document and has witnessed the protestors signing the document. All protest documents should be completed in black or blue ink or typeface and all items (except signatures) must be legible. All protests are to be delivered by certified or overnight mail to the city secretary or delivered personally to the city secretary or designee during regular office hours. If delivered personally to the city secretary or designee, the document(s) will be date and time stamped and a copy will be returned to the person making the submission.

2.04.10. Approval and execution of changes: Approval of any application by the city council shall constitute instruction to the city staff to prepare the appropriate ordinance for final formal passage at a subsequent time. If finally approved by the required number of votes of the city council, the ordinance shall be executed by the mayor.

2.04.11. Expiration of an application: Any pending application shall automatically expire if no action of any kind has been taken on it by the city council for a period of one year. If no ordinance granting a zoning change in accordance with this article has been adopted within six months of the date on which the city council voted approval of an application, such application shall be automatically placed on the city council agenda for further consideration.

(Ord. No. 98-20, §§ 2, 4, 11-3-1998; Ord. No. 2007-12, § 2, 7-17-2007; Ord. No. 2009-06, § 2, 4-21-2009)

2.05.01. Official zoning map established: The boundaries of the zoning districts established within the City of Seabrook shall be drawn on an official zoning map, adopted as part of this ordinance, and incorporated as a part of this ordinance by this reference thereto.

2.05.02. Location of the official zoning map: One original of the official zoning map shall be filed in the office of the city secretary and labeled as the official zoning map of the City of Seabrook, Texas. This copy shall be the official zoning map and shall bear the signature of the mayor and attestation of the city secretary. This copy shall not be changed in any manner except by ordinance. In case of any questions regarding boundary interpretation or land use classification, this copy, together with any amending ordinances, shall be controlling.

2.05.03. Director of administration [city manager] to retain copy: An additional copy of the original zoning district map shall be placed in the office of the director of administration [city manager]. Said copy shall be used for reference and shall be maintained up to date by posting thereon all subsequent amendments. Reproductions of the official zoning map may be made for informational purposes.

2.06.01. Primary interpretation—Code enforcement officer: The code enforcement officer shall be the individual primarily responsible for the interpretation of the text of this ordinance and the official zoning map. If the code enforcement officer determines that the meaning of a word or a provision is unclear, or that the application of same to a particular circumstance is uncertain, then the code enforcement officer shall provide a written statement of interpretation, specifying the reasons supporting the interpretation. Unless the interpretation is revised by the director of administration [city manager] or by the city attorney, or modified by amendment to this ordinance by the city council, the interpretation of the code enforcement officer shall be presumed to be correct.

2.06.02. Ultimate interpretations—Board of adjustment: An interpretation by the code enforcement officer may be appealed to the board of adjustment in accordance with the provision set forth in article 12 of this ordinance. The code enforcement officer may request an interpretive ruling from the board of adjustment by placing the request on the appropriate agenda of the board.

2.06.03. Official zoning map interpretation: The zoning district boundary lines shown on the zoning district map usually follow streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

A.

Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerline.

B.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C.

Boundaries indicated as approximately following city limits shall be construed as following city limits.

D.

Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

E.

Boundaries indicated as following lake shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicted as approximately following the centerline of all bodies of water shall be construed to follow such centerline and, in the event of change in the centerline, shall be construed to move with such centerline.

F.

Boundaries indicated as parallel to or extensions of features indicated in subsections A through E above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

G.

Whenever any street, alley, or other public way is vacated by official action of the city council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

H.

The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless as a condition of zoning approval it is stated that the zoning classification shall not apply to the street.

I.

Permanent zoning changes made after the date of passage of this ordinance shall be indicated in approximate locations on the official zoning map. Individuals seeking exact legal descriptions shall be referred to the adopting ordinance amendment for each particular permanent zoning change.

2.07.01. Procedure to facilitate land use classification: It is recognized that new types of land use will develop and that forms of land use not presently anticipated may seek to locate in the City of Seabrook. New or unlisted forms of land use shall not include those land uses that can reasonably be interpreted as being similar to permitted or conditional uses already listed in the district regulations for the district in which the new use is to be located, or in the comprehensive land use regulation matrix found in article 3 of this ordinance. In order to provide for such changes and contingencies where new or unlisted land uses are not specified as a permitted use or a conditional use in any zoning district, a determination as to the appropriate classification of any new or unlisted form of land use shall be made in accordance with the terms of this section of the ordinance.

2.07.02. Classification rulings—Planning and zoning commission: The director of administration [city manager] shall refer questions concerning any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, anticipated employment, transportation system requirements, the general requirements for public utilities such as water and sanitary sewer, and other information deemed necessary to assist the planning and zoning commission in its deliberations.

2.07.03. Planning and zoning commission to make determination: The planning and zoning commission shall hold a public hearing for the purpose of considering the nature and characteristics of the proposed use and its compatibility with the uses permitted in the various districts, and shall determine the zoning district or districts within which such use is most similar and should be permitted.

2.07.04. Incorporation of rulings into the zoning text: Written records of the rulings of the planning and zoning commission pertaining to land use classification shall be maintained by the director of administration [city manager]. The director of administration [city manager] shall regularly update the provisions of the zoning ordinance text by incorporating said rulings into the written text.

2.08.01. Fee schedule: Fees for zoning actions shall be assessed in accordance with a schedule established by the city council and made available to the public by the director of administration [city manager].

2.08.02. Waiver of fees: The city council, upon a vote of the majority of the members present, may waive the fee for a zoning action. Fees may be waived only in the case of extreme hardship on the applicant or in cases where a submission of a zoning action is requested by the planning and zoning commission or board of adjustment.

2.08.03. Attributable fees: All fees attributable to non-staff consultants such as a city attorney, city engineer, contract inspector, and other similar contract personnel shall be payable by the applicant. Failure to pay such fees shall suspend or nullify approval of an application until such fees are paid in full.