The City of Seabrook is hereby divided into zoning districts which are described in this ordinance and which are shown on the Official Zoning Map. The zoning districts in the City of Seabrook shall be as follows:

The specific regulations for each of these districts are enumerated in this article.

(Ord. No. 2019-02, § 3, 2-5-2019; Ord. No. 2019-03, § 3, 2-5-2019)

3.02.01. Description: The R-LD low density single-family residential district is intended to provide a location for large tract residential development in keeping with the goals and objectives identified in parts 4.0 and 5.2 of the Comprehensive Master Plan 2030. Specifically, the district is intended to:

A.

Respond to the historical pattern of large lot residential development in certain sections of Seabrook.

B.

Provide an appropriate scale and serve as a spatial buffer for parcels of property abutting light industrial zoned land uses.

C.

Reflect and respond to the vehicular circulation system's carrying capacity.

3.02.02. Uses permitted by right and conditional uses: Please see the comprehensive land use regulation matrix, found in section 3.15, at the end of this article of the ordinance.

3.02.03. Density: One dwelling unit per lot.

3.02.04. Area regulations:

A.

Front yard: All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:

1.

The minimum depth of the front yard is 30 feet.

2.

When a lot has double frontage, the front yard requirement shall be provided on both streets.

B.

Rear yard: A lot with a primary building located on it shall have a rear yard of no less than 30 feet. Secondary buildings may be located in the rear yard, however, a secondary building cannot be located closer than 15 feet from any easement or property line.

C.

Side yard: All buildings shall have side yard setbacks of at least 15 feet. However, for buildings located on corner lots, there shall be a side yard setback from the intersecting street of no less than 20 feet.

D.

Lot size: Each dwelling associated shall have a minimum lot area of not less than 14,000 square feet.

E.

Lot width: Except in the case of those dwellings located on a cul-de-sac terminus, each lot shall have a minimum width of not less than 100 feet at the front building line. Every lot shall abut on a street for a distance of not less than 35 feet.

F.

Lot depth: Each lot must have a minimum depth of not less than 120 feet.

3.02.05. Height: No building may exceed 40 feet in height.

3.02.06. Accessory structures: Accessory structures shall not occupy a required front or corner side yard or project beyond the front building line of the principal structure on a site. Accessory structures shall be set back at least five feet from the interior side and rear property lines. A minimum distance of not less than five feet shall be maintained between the main structure and accessory buildings. Connecting breezeways shall not exceed eight feet in width at the eaves. Buildings shall be separated by an approved firestop in the roof and walls. The total floor area of accessory structures more than 30 inches in height shall not exceed 30 percent of the area of the required rear yard. No accessory structures or other obstructions including decks, pools, paving, landscaping structures or trees and fountains may be erected on utility easements.

3.02.07. Buffering and screening:

The developer of any single-family detached subdivision in this zone shall provide a screen fence or wall around the perimeter of the subdivision which shall be 100-percent impervious to sight and at least six feet in height. All sides of the wall or fence that are visible to the public shall be landscaped as specified in article 5.

Other properties containing uses by right in this zone are not required to provide buffering and screening when adjacent to other zones. With the exception of properties in the R-1 zone, all other zones shall provide the buffering and screening when abutting this zone.

Conditional uses in this zone may be required to provide buffering and screening to other properties in the R-LD zone and to properties in other zones as a condition of the use.

3.02.08 Outside storage.

A.

Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

1.

Debris. The scattered remains of something broken or destroyed.

2.

Front yard. An open space unoccupied by a principal structure on a lot facing a street, extending across the full width of the front of a lot between the side lot lines and in front of the front-most comers of the principal structure, and including any unenclosed portion of a front porch, carport, portico, or other unenclosed structure located beyond the front face of the principal structure.

3.

Outside storage. The outside placement of an item for a period of more than 72 hours during a 12-month period.

4.

Rear yard. An open space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line, and behind the back-most comers of the building line of the principal structure..

5.

Right-of-way. That area of land designated by a plat or other document for public use, access, and travel, including that area between the property line and the curb or street edge.

6.

Setback. The distance between a structure and a property line, natural feature, road right-of-way, or other improvements.

7.

Side yard. An open space unoccupied by a principal structure, situated between the building and the sideline of the lot, and extending through from the front yard to the rear line of the lot, including any unenclosed portion of a side porch, carport, portico, or other unenclosed structure located beyond the side of the principal structure. Any lot line not a rear line or a front line shall be deemed a sideline.

8.

Vacant lot. Any lot, parcel, or tract which contains no structures.

B.

Prohibited outside storage. It shall be unlawful for any person to maintain, conduct, allow or permit any prohibited outside storage on any property located in this zoning district.

It shall be unlawful for any person to maintain, conduct, allow or permit any outside storage on any portion of a vacant lot in this zoning district.

It shall be unlawful for any person for a period of more than 72 hours during a 12-month period to maintain, conduct, allow or permit any outside storage within the front yard of any property located in this zoning district of the following items:

1.

Debris, rubbish, or trash as defined herein or in Chapter 55 Nuisances and Miscellaneous Provisions, Article III Trash, Rubbish, Weeds and Wild Growth and Other Offensive Conditions of this code.

2.

New, used, or discarded building materials.

3.

Batteries, used oil, automobile parts, engine parts, or scrap metal.

4.

Any tire, whether new or used, without wheels or other inserts.

5.

Supplies, materials, or other items associated with a home occupation or an off-premises business.

6.

Equipment, tools, supplies, materials, or other items not typically associated with residential use or activity.

7.

Furniture, including, but not limited to, couches, chairs, shelves, tables, dressers, or other related items, which furniture is designed or intended by the manufacturer for indoor use and constructed of polished wood or wood veneer, cloth, or any other material not specifically designed or intended for outdoor use.

8.

Appliances not designed for outdoor use, including, but not limited to, refrigerators, freezers, ovens, ranges, dishwashers, clothes washing machines or dryers, or other household or similar appliances primarily designed or intended for indoor use.

9.

Building fixtures not designed for outdoor use, including, but not limited to, bathtubs, commodes, sinks, hot water heaters, or other building fixtures primarily designed or intended for indoor use.

10.

Chemicals (including pool or spa chemicals), bagged or boxed fertilizer, pre-emergent, or other organic or synthetic substances used for landscaping purposes, including, but not limited to, bagged or bulk mulching materials and bagged or bulk topsoil. Spa and pool equipment designed for outdoor use but not installed, including, but not limited to, hot tubs, jacuzzies, swimming pools, or other similar equipment primarily designed or intended for outdoor use.

11.

Play equipment including, but not limited to, play structures, trampolines, pools, swing sets, slides, see-saws, exercise equipment, and other recreational equipment that is intended by the manufacturer to remain in a stationary location, on any portion of a lot other than entirely within the side yard or rear yard of the lot; however, basketball goals may be located in the front yard if placed in such location and in such manner that play does not take place in a public street, alley, or other right-of-way.

Exception: Tree, porch, and yard swings are permissible to be located within the front yard.

12.

Barbeque grills or other similar outdoor cooking equipment on any portion of a lot other than entirely within the side yard or rear yard of the lot.

13.

Tools, mobile, and/or mechanical equipment.

14.

Lawn maintenance equipment on any portion of a lot other than entirely within the rear or side yard of the lot.

15.

Motor vehicle parts and/or accessories including, but not limited to, engines, transmissions, electrical parts, suspension parts, vehicle body parts, batteries, tires, wheels, hubcaps, and other motor vehicle parts.

16.

Firewood on any portion of the front or side yard setback that is not screened from public view.

17.

Trash cans or containers may not be stored in any portion of a lot other than entirely within the rear or side yard.

18.

Wet, broken, or leaking barrels, casks, or boxes or broken, empty or otherwise discarded pallets.

19.

Any other item or material which is not designed or manufactured for outside use or storage to include shopping carts.

20.

Any other item or material permitted within this ordinance that has become in disrepair.

C.

The following items are exempted from the outside storage prohibition:

1.

Building materials that:

a.

Are stored in a workmanlike manner as part of, and in conjunction with, an active building permit; and

b.

Are being used for construction, repair, renovation, or remodel of a structure or building and are not stored outside for more than two weeks after the conclusion of construction or issuance of a certificate of occupancy.

2.

In the case of furniture, that such furniture is designed and constructed for outside use, and further, that such furniture is in good condition and is not deteriorated.

3.

Solid waste, garbage, trash, brush, and bulky waste:

a.

Awaiting pickup by the city or other sanitation service.

b.

In a container or bag as approved by the city.

c.

Placed in an approved location no earlier than 24 hours preceding normal pickup and shall be retrieved no later than 24 hours after scheduled collection. At all times containers and bags shall be placed behind the front yard either in the side yard or rear yard of the property.

4.

Motor vehicles, watercraft, and trailers that are parked on an approved parking surface that have lawfully attached to it:

a.

An unexpired license plate, registration, or certificate of number (TX Number); and

b.

A valid motor vehicle inspection certificate; and

c.

Is not wrecked, dismantled, or partially dismantled, inoperable for more than 72 consecutive hours if the vehicle is located on public property; or 30 consecutive days if the vehicle is on private property.

5.

Holiday decorations installation to include Christmas lighting.

3.02.09. Animal control: No farm fowl or animals shall be kept within 100 feet of any property line; provided however, that small domestic animals for school projects may be kept on the premises within 100 feet of the property line if all terms and conditions of the school project exception as set out in the domestic animals ordinance are followed.

3.02.10. Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix.

3.02.11. Landscaping: Shall be in accordance with article 5 of this ordinance.

3.02.12. Reserved.

3.02.13. Supplementary regulations:

A.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

B.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers or travel trailers may be used for on-site dwelling purposes.

C.

Eaves shall be permitted to encroach no more than 18 inches upon any setback.

(Ord. No. 93-19, arts. 2, 4, 9-7-1993; Ord. No. 2024-05, § 2, 3-5-2024; Ord. No. 2024-06, § 2, 4-2-2024)

3.03.01. Description: This district is primarily intended for single-family detached residential dwellings and related religious, educational, and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment. Internal stability, attractiveness, order, efficiency, security, and the maintenance of property values are encouraged by the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of these various elements. The regulatory provisions of this district are aimed at achieving the specific goals and objectives identified in parts 4.0 and 5.2 of the Comprehensive Master Plan 2030.

3.03.02. Uses permitted by right and conditional uses: Please see the comprehensive land use regulation matrix at the end of this article of the ordinance.

3.03.03. Density: One dwelling unit per lot.

3.03.04. Area regulations:

A.

Front yard: All buildings shall be set back from the street right-of-way lines a minimum depth of 25 feet, except cul-de-sac bulbs may have a minimum front setback of 20 feet.

B.

Rear yard: A lot with a primary building located on it must have a rear yard of no less than 15 feet.

C.

Water-abutting yard:

1.

If there are two adjoining structures, the minimum waterfront setback shall be the greater of the average of the setbacks of the adjoining main structures within 100 feet of the proposed structure or the minimum water-abutting yard setback of 25 feet.

2.

If there is only one adjoining structure within 100 feet of the proposed structure, the minimum water-abutting yard setback shall be the greater of two-thirds of the adjoining property setback or 25 feet.

3.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum water-abutting yard setback requirement of 25 feet shall be met.

4.

Impervious fences are not permitted in any required waterfront setback.

D.

Side yard: A total of 15 feet for both sides and no less than five feet on any one side. Corner lots shall have a side setback of not less than ten feet on the corner.

E.

Side yards for older subdivisions: For lots platted prior to July 19, 1970 which are nonconforming as to lot size only, side yard setbacks shall a minimum of five feet.

F.

Lot size: For each single-family dwelling there shall be a lot area of not less than 7,500 square feet. Only one principal building shall be permitted on any lot.

G.

Lot width: Except in the case of those dwellings located on a cul-de-sac terminus, each lot shall have a minimum width of not less than 50 feet at the front building line. Every lot shall abut on a street for a distance of not less than 20 feet.

H.

Lot depth: Each lot must have a minimum depth of not less than 90 feet.

3.03.05. Height: No building or structure may exceed 40 feet in height.

3.03.06. Accessory structures: Accessory structures shall not occupy a required front or corner side yard or project beyond the front building line of the principal structure on the site. Accessory structures shall be set back at least five feet from interior side and rear property lines. A minimum distance of not less than five feet shall be maintained between the main structure and accessory buildings. Connecting breezeways shall not exceed eight feet in width at the eaves. Buildings shall be separated by an approved firestop in the roof and walls. The total ground floor area (or the area covered by any elevated floor area) of accessory structures more than 30 inches in height shall not exceed 45 percent of the floor area of the required rear yard. No accessory structures or other obstructions including decks, pools, paving, landscaping structures or trees and fountains may be erected on any utility easement.

3.03.07. Buffering and screening:

The developer of any single-family detached subdivision in this zone shall provide a screen fence or wall around the perimeter of the subdivision which shall be 100-percent impervious to sight and at least six feet in height, except that this fence or wall shall not be located in any waterfront setback. All sides of the wall or fence that are visible to the public shall be landscaped as specified in article 5.

Other properties containing uses by right in this zone are not required to provide buffering and screening when adjacent to other zones. With the exception of properties in the R-LD zone, all other zones shall provide the buffering and screening when abutting this zone.

Conditional uses in this zone may be required to provide buffering and screening to other properties in the R-1 zone and to properties in other zones as a condition of the use.

3.03.08 Outside storage.

A.

Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

1.

Debris. The scattered remains of something broken or destroyed.

2.

Front yard. An open space unoccupied by a principal structure on a lot facing a street, extending across the full width of the front of a lot between the side lot lines and in front of the front-most corners of the principal structure, and including any unenclosed portion of a front porch, carport, portico, or other unenclosed structure located beyond the front face of the principal structure.

3.

Outside storage. The outside placement of an item for a period of more than 72 hours during a 12-month period.

4.

Rear yard. An open space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line, and behind the back-most corners of the building line of the principal structure.

5.

Right-of-way. That area of land designated by a plat or other document for public use, access, and travel, including that area between the property line and the curb or street edge.

6.

Setback. The distance between a structure and a property line, natural feature, road right-of-way, or other improvements.

7.

Side yard. An open space unoccupied by a principal structure, situated between the building and the sideline of the lot, and extending through from the front yard to the rear line of the lot, including any unenclosed portion of a side porch, carport, portico, or other unenclosed structure located beyond the side of the principal structure. Any lot line not a rear line or a front line shall be deemed a sideline.

8.

Vacant lot. Any lot, parcel, or tract which contains no structures.

B.

Prohibited outside storage. It shall be unlawful for any person to maintain, conduct, allow or permit any prohibited outside storage on any property located in this zoning district.

It shall be unlawful for any person to maintain, conduct, allow or permit any outside storage on any portion of a vacant lot in this zoning district.

It shall be unlawful for any person for a period of more than 72 hours during a 12-month period to maintain, conduct, allow or permit any outside storage within the front yard of any property located in this zoning district of the following items:

1.

Debris, rubbish, or trash as defined herein or in Chapter 55 Nuisances and Miscellaneous Provisions, Article III Trash, Rubbish, Weeds and Wild Growth and Other Offensive Conditions of this code.

2.

New, used, or discarded building materials.

3.

Batteries, used oil, automobile parts, engine parts, or scrap metal.

4.

Any tire, whether new or used, without wheels or other inserts.

5.

Supplies, materials, or other items associated with a home occupation or an off-premises business.

6.

Equipment, tools, supplies, materials, or other items not typically associated with residential use or activity.

7.

Furniture, including, but not limited to, couches, chairs, shelves, tables, dressers, or other related items, which furniture is designed or intended by the manufacturer for indoor use and constructed of polished wood or wood veneer, cloth, or any other material not specifically designed or intended for outdoor use.

8.

Appliances not designed for outdoor use, including, but not limited to, refrigeration, freezers, ovens, ranges, dishwasher, clothes washing machines or dryer, or other household or similar appliances primarily designed or intended for indoor use.

9.

Building fixtures not designed for outdoor use, including, but not limited to, bathtubs, commodes, sinks, hot water beaten, or other building fixtures primarily designed or intended for indoor use.

10.

Chemicals (including pool or spa chemicals), bagged or boxed fertilizer, pre-emergent, or other organic or synthetic substances used for landscaping purposes, including, but not limited to, bagged or bulk mulching materials and bagged or bulk topsoil. Spa and pool equipment designed for outdoor use but not installed, including, but not limited to, hot tubs, jacuzzies, swimming pools, or other similar equipment primarily designed or intended for outdoor use.

11.

Play equipment including, but not limited to, play structures, trampolines, pools, swing sets, slides, see-saws, exercise equipment, and other recreational equipment that is intended by the manufacturer to remain in a stationary location, on any portion of a lot other than entirely within the side yard or rear yard of the lot; however, basketball goals may be located in the front yard if placed in such location and in such manner that play does not take place in a public street, alley, or other right-of-way.

Exception: Tree, porch, and yard swings are permissible to be located within the front yard.

12.

Barbeque grills or other similar outdoor cooking equipment on any portion of a lot other than entirely within the side yard or rear yard of the lot.

13.

Tools, mobile, and/or mechanical equipment.

14.

Lawn maintenance equipment on any portion of a lot other than entirely within the rear or side yard of the lot.

15.

Motor vehicle parts and/or accessories including, but not limited to, engines, transmissions, electrical parts, suspension parts, vehicle body parts, batteries, tires, wheels, hubcaps, and other motor vehicle parts.

16.

Firewood on any portion of the front or side yard setback that is not screened from public view.

17.

Trash cans or containers may not be stored in any portion of a lot other than entirely within the rear or side yard.

18.

Wet, broken, or leaking barrels, casks, or boxes or broken, empty or otherwise discarded pallets.

19.

Any other item or material which is not designed or manufactured for outside use or storage to include shopping carts.

20.

Any other item or material permitted within this ordinance that has become in disrepair.

C.

The following items are exempted from the outside storage prohibition:

1.

Building materials that:

a.

Are stored in a workmanlike manner as part of, and in conjunction with, an active building permit; and

b.

Are being used for construction, repair, renovation, or remodel of a structure or building and are not stored outside for more than two weeks after the conclusion of construction or issuance of a certificate of occupancy.

2.

In the case of furniture, that such furniture is designed and constructed for outside use, and further, that such furniture is in good condition and is not deteriorated.

3.

Solid waste, garbage, trash, brush, and bulky waste:

a.

Awaiting pickup by the city or other sanitation service.

b.

In a container or bag as approved by the city.

c.

Placed in an approved location no earlier than 24 hours preceding normal pickup and shall be retrieved no later than 24 hours after scheduled collection. At all times containers and bags shall be placed behind the front yard either in the side yard or rear yard of the property.

4.

Motor vehicles, watercraft, and trailers that are parked on an approved parking surface that have lawfully attached to it:

a.

An unexpired license plate, registration, or certificate of number (TX Number); and

b.

A valid motor vehicle inspection certificate; and

c.

Is not wrecked, dismantled, or partially dismantled, inoperable for more than 72 consecutive hours if the vehicle is located on public property; or 30 consecutive days if the vehicle is on private property.

5.

Holiday decorations installation to include Christmas lighting.

3.03.09. Animal control: No farm fowl or animals shall be kept within 100 feet of any property line; provided however, that small domestic animals for school projects may be kept on the premises within 100 feet of the property line if all terms and conditions of the school project exception as set out in the domestic animals ordinance are followed.

3.03.10. Parking: Parking shall be in accordance with the article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix, found at the end of article 5.

3.03.11. Landscaping: Shall be in accordance with article 5 of this ordinance.

3.03.12. Reserved.

3.03.13. Supplementary regulations:

A.

Temporary structures for uses incidental to construction work on the premises which are removed from completion or abandonment of construction work are allowed upon permit from the building official.

B.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers or travel trailers may be used for on-site dwelling purposes.

C.

Eaves shall be permitted to encroach no more than 18 inches upon any setback.

(Ord. No. 93-19, arts. 2, 4, 9-7-1993; Ord. No. 2000-09, § 1, 8-15-2000; Ord. No. 2010-11, § 2, 6-15-2010; Ord. No. 2024-05, § 3, 3-5-2024; Ord. No. 2024-06, § 3, 4-2-2024)

3.04.01. Description: This district is primarily intended for detached single-family residential dwellings of a higher density than is permitted in R-1 and includes zero lot line. This zone also allows for related religious, educational and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment. Internal stability, attractiveness, order, efficiency, security and the maintenance of property values are encouraged by the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper function relationships of these various elements. The regulatory provisions of this district are aimed at achieving the specific goals and objectives identified in parts 4.0 and 5.2 of the Seabrook Comprehensive Plan 2025.

3.04.02. Uses and regulations:

A.

Single-family detached houses:

1.

Density: One dwelling unit per lot; no more than seven dwellings per acre.

2.

Front yard: All buildings shall be set back from the street right-of-way lines a minimum depth of 25 feet, except that lots platted at the same time may have staggered front setback lines, provided that the average of all front setbacks is no less than 25 feet, with no house having less than a 20-foot front setback. Staggered setbacks shall be determined at the time of final plat approval.

3.

Rear yard: Primary buildings shall be set back at least 15 feet from the rear property line.

4.

Waterfront yard:

a.

If there are two adjoining structures, the minimum waterfront setback shall be the greater of the average of the setbacks of the adjoining main structures within 100 feet of the proposed structure or the minimum water-abutting yard setback of 25 feet.

b.

If there is only one adjoining structure within 100 feet of the proposed structure, the minimum water-abutting yard setback shall be the greater of two-thirds of the adjoining property setback or 25 feet.

c.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum water-abutting yard setback requirement of 25 feet shall be met.

d.

Impervious fences are not permitted in any required waterfront setback.

5.

Side yard: All buildings shall have a total of 15 feet for both sides and no less than five feet on any one side. Corner lots shall have a side setback of not less than ten feet on the corner.

6

Lot size: Six thousand sq. ft.

7.

Lot width: Except in the case of those dwellings located on a cul-de-sac terminus, each lot shall have a minimum width of not less than 50 feet at the front building lines. Every lot shall abut on a street for a distance of not less than 20 feet.

8.

Lot depth: Each lot shall have a minimum depth of not less than 90 feet.

B.

Zero lot line houses:

1.

Density: No more than seven dwelling units per acre.

2.

Front yard: All buildings shall be set back from the street right-of-way lines a minimum depth of 25 feet. This setback may be commonly owned or commonly maintained, but must be open, unoccupied land as is required for any setback.

3.

Rear yard: Primary buildings must be set back at least 15 feet from the rear property line. This setback may be commonly owned and maintained, but must be open unoccupied land as is required for any setback.

4.

Waterfront yard:

a.

If there are two adjoining structures, the minimum waterfront setback shall be the greater of the average of the setbacks of the adjoining main structures within 100 feet of the proposed structure or the minimum water-abutting yard setback of 25 feet.

b.

If there is only one adjoining structure within 100 feet of the proposed structure, the minimum water-abutting yard setback shall be the greater of two-thirds of the adjoining property setback or 25 feet.

c.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum water-abutting yard setback requirement of 25 feet shall be met.

d.

Impervious fences are not permitted in any required waterfront setback.

5.

Side yard: Zero on one side and not less than ten feet on the opposite side. Any side yard abutting properties outside of the zero lot line development shall be at least ten feet. Any side yard abutting a street right-of-way shall be at least ten feet. Houses shall not be less than ten feet apart. This setback may be commonly owned and maintained, but must be open unoccupied land as is required for any setback.

6.

Lot size: 6,000 sq. ft. per dwelling unit of which 1,000 square feet may be commonly owned or commonly maintained. The common area may contain patios but shall not include streets, drives or parking areas.

7.

Lot width: Except in the case of those dwellings located on a cul-de-sac terminus, each lot shall have a minimum width of not less than 50 feet at the front building line. Every lot shall abut on a street for a distance of not less than 20 feet.

8.

Lot depth: No minimum required.

9.

Other restrictions:

a.

There shall be a minimum of five lots held under the same ownership at the time of final plat approval.

b.

The zero lot line shall not be a right-of-way line or a property line under different ownership at the time of final plat approval.

c.

The building wall at the zero side yard shall be constructed according to the fire protection requirements of the building code adopted by the City of Seabrook.

d.

The building walls and garden walls or fences shall be finished with decorative masonry or decorative masonry veneer.

e.

At the zero lot line, a wall shall be extended from the building wall to the rear lot line and shall be limited to eight feet in height above the finished floor line nearest grade level. Should the zero lot line home abut the waterfront, this wall shall not be permitted.

f.

Any garden wall crossing the side yard setback shall have a three-foot-wide gate. Such wall shall be no greater than eight feet in height, above the finished floor line nearest grade level.

g.

At the zero lot line side, no portion of the dwelling or architectural treatment shall encroach on the adjacent property.

h.

Roofs pitched toward the adjoining property on the zero lot line side shall be guttered and water shall not drain on adjacent property.

i.

A two-car or larger garage shall be required per each dwelling unit.

The following apply to all uses allowed in this zone.

3.04.03. Height: No building or structure may exceed 40 feet in height.

3.04.04. Accessory structures: Accessory structures shall not occupy a required front or corner side yard or project beyond the front building line of the principal structure on the site. Accessory structures shall be set back at least five feet from interior side and rear property lines. A minimum distance of not less than five feet shall be maintained between the main structure and accessory buildings. Connecting breezeways shall not exceed eight feet in width at the eaves. Buildings shall be separated by an approved firestop in the roof and walls. The total ground floor area (or the area covered by any elevated floor area) of accessory structures more than 30 inches in height shall not exceed 45 percent of the area of the required rear yard. No accessory structures or other obstructions including decks, pools, paving, landscaping structures or trees and fountains may be erected on any utility easement.

3.04.05. Buffering and screening:

Any property containing a use by right in this zoning district which adjoins or abuts any property classified in the R-LD or R-1 zoning district shall provide a front, side or rear setback as applicable that is at least as deep or wide as that required in such adjoining or abutting zoning districts.

Properties containing a use by right in the R-2 zone which are separated by a street from any R-LD or R-1 zone shall also meet these requirements.

Conditional uses in this zone may be required to provide additional buffering and screening to other properties within the R-2 zone or to properties in other zones as a condition of the use.

3.04.06 Outside storage.

A.

Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

1.

Debris. The scattered remains of something broken or destroyed.

2.

Front yard. An open space unoccupied by a principal structure on a lot facing a street, extending across the full width of the front of a lot between the side lot lines and in front of the front-most comers of the principal structure, and including any unenclosed portion of a front porch, carport, portico, or other unenclosed structure located beyond the front face of the principal structure.

3.

Outside storage. The outside placement of an item for a period of more than 72 hours during a 12-month period.

4.

Rear yard. An open space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line, and behind the back-most comers of the building line of the principal structure.

5.

Right-of-way. That area of land designated by a plat or other document for public use, access, and travel, including that area between the property line and the curb or street edge.

6.

Setback. The distance between a structure and a property line, natural feature, road right-of-way, or other improvements.

7.

Side yard. An open space unoccupied by a principal structure, situated between the building and the sideline of the lot, and extending through from the front yard to the rear line of the lot, including any unenclosed portion of a side porch, carport, portico, or other unenclosed structure located beyond the side of the principal structure. Any lot line not a rear line or a front line shall be deemed a sideline.

8.

Vacant lot. Any lot, parcel, or tract which contains no structures.

B.

Prohibited outside storage. It shall be unlawful for any person to maintain, conduct, allow or permit any prohibited outside storage on any property located in this zoning district.

It shall be unlawful for any person to maintain, conduct, allow or permit any outside storage on any portion of a vacant lot in this zoning district.

It shall be unlawful for any person for a period of more than 72 hours during a 12-month period to maintain, conduct, allow or permit any outside storage within the front yard of any property located in this zoning district of the following items:

1.

Debris, rubbish, or trash as defined herein or in Chapter 55 Nuisances and Miscellaneous Provisions, Article III Trash, Rubbish, Weeds and Wild Growth and Other Offensive Conditions of this code.

2.

New, used, or discarded building materials.

3.

Batteries, used oil, automobile parts, engine parts, or scrap metal.

4.

Any tire, whether new or used, without wheels or other inserts.

5.

Supplies, materials, or other items associated with a home occupation or an off-premises business.

6.

Equipment, tools, supplies, materials, or other items not typically associated with residential use or activity.

7.

Furniture, including, but not limited to, couches, chairs, shelves, tables, dressers, or other related items, which furniture is designed or intended by the manufacturer for indoor use and constructed of polished wood or wood veneer, cloth, or any other material not specifically designed or intended for outdoor use.

8.

Appliances not designed for outdoor use, including, but not limited to, refrigerators, freezers, ovens, ranges, dishwashers, clothes washing machines or dryers, or other household or similar appliances primarily designed or intended for indoor use.

9.

Building fixtures not designed for outdoor use, including, but not limited to, bathtubs, commodes, sinks, hot water heaters, or other building fixtures primarily designed or intended for indoor use.

10.

Chemicals (including pool or spa chemicals), bagged or boxed fertilizer, pre-emergent, or other organic or synthetic substances used for landscaping purposes, including, but not limited to, bagged or bulk mulching materials and bagged or bulk topsoil. Spa and pool equipment designed for outdoor use but not installed, including, but not limited to, hot tubs, jacuzzies, swimming pools, or other similar equipment primarily designed or intended for outdoor use.

11.

Play equipment including, but not limited to, play structures, trampolines, pools, swing sets, slides, see-saws, exercise equipment, and other recreational equipment that is intended by the manufacturer to remain in a stationary location, on any portion of a lot other than entirely within the side yard or rear yard of the lot; however, basketball goals may be located in the front yard if placed in such location and in such manner that play does not take place in a public street, alley, or other right-of-way.

Exception: Tree, porch, and yard swings are permissible to be located within the front yard.

12.

Barbecue grills or other similar outdoor cooking equipment on any portion of a lot other than entirely within the side yard or rear yard of the lot.

13.

Tools, mobile, and/or mechanical equipment.

14.

Lawn maintenance equipment on any portion of a lot other than entirely within the rear or side yard of the lot.

15.

Motor vehicle parts and/or accessories including, but not limited to, engines, transmissions, electrical parts, suspension parts, vehicle body parts, batteries, tires, wheels, hubcaps, and other motor vehicle parts.

16.

Firewood on any portion of the front or side yard setback that is not screened from public view.

17.

Trash cans or containers may not be stored in any portion of a lot other than entirely within the rear or side yard.

18.

Wet, broken, or leaking barrels, casks, or boxes or broken, empty or otherwise discarded pallets.

19.

Any other item or material which is not designed or manufactured for outside use or storage to include shopping carts.

20.

Any other item or material permitted within this ordinance that has become in disrepair.

C.

The following items are exempted from the outside storage prohibition:

1.

Building materials that:

a.

Are stored in a workmanlike manner as part of, and in conjunction with, an active building permit; and

b.

Are being used for construction, repair, renovation, or remodel of a structure or building and are not stored outside for more than two weeks after the conclusion of construction or issuance of a certificate of occupancy.

2.

In the case of furniture, that such furniture is designed and constructed for outside use, and further, that such furniture is in good condition and is not deteriorated.

3.

Solid waste, garbage, trash, brush, and bulky waste:

a.

Awaiting pickup by the city or other sanitation service.

b.

In a container or bag as approved by the city.

c.

Placed in an approved location no earlier than 24 hours preceding normal pickup and shall be retrieved no later than 24 hours after scheduled collection. At all times containers and bags shall be placed behind the front yard either in the side yard or rear yard of the property.

4.

Motor vehicles, watercraft, and trailers that are parked on an approved parking surface that have lawfully attached to it:

a.

An unexpired license plate, registration, or certificate of number {TX Number); and

b.

A valid motor vehicle inspection certificate; and

c.

Is not wrecked, dismantled, or partially dismantled, inoperable for more than 72 consecutive hours if the vehicle is located on public property; or 30 consecutive days if the vehicle is on private property.

5.

Holiday decorations installation to include Christmas lighting.

3.04.07. Animal control: No farm fowl or animals shall be kept within 100 feet of the property line; provided however, that small domestic animals for school projects may be kept on the premises within 100 feet of the property line, if all terms and conditions of the school project exception as set out in the domestic animals ordinance are followed.

3.04.08. Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix.

3.04.09. Landscaping: Shall be in accordance with article 5 of this ordinance.

3.04.10. Reserved.

3.04.11. Supplementary regulations:

A.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

B.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers or travel trailers may be used for on-site dwelling purposes.

C.

Eaves shall be permitted to encroach no more than 18 inches upon any setback.

(Ord. No. 93-19, arts. 2, 4, 9-7-1993; Ord. No. 2000-09, § 2, 8-15-2000; Ord. No. 2024-05, § 4, 3-5-2024; Ord. No. 2024-06, § 4, 4-2-2024)

3.05.01. Description: This district is primarily intended for multifamily dwellings consisting of duplexes, townhouses, row houses, apartments, and other similar medium density designs, along with related religious, educational, and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. The purpose of the medium density residential district is to provide for a higher density residential district with a more diverse mixture of residential and associated land uses. In order to accommodate higher densities, a greater use of open space and recreational areas should be incorporated into developments in this district. Projects in this district are primarily intended for location along or near arterial streets to accommodate the higher traffic generation of uses in the district. These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment. Internal stability, attractiveness, order, efficiency, security, and the maintenance of property values are encouraged by the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of these various elements. The regulatory provisions of this district are aimed at achieving the specific goals and objectives identified in parts 4.0 and 5.2 of Comprehensive Master Plan 2030.

3.05.02. Uses and regulations:

A.

[Uses permitted by right:] All uses permitted by right in the R-2 zone shall be permitted in this zone. These uses shall follow all regulations listed in the R-2 zone.

B.

Duplexes:

1.

Density: Two dwelling units per lot which must be attached.

2.

Front yard: All buildings shall be set back from the street right-of-way lines a minimum depth of 20 feet.

3.

Rear yard: Primary buildings must be set back at least 15 feet from the rear property line.

4.

Water-abutting yard:

a.

If there are two adjoining structures, the minimum waterfront setback shall be the greater of the average of the setbacks of the adjoining main structures within 100 feet of the proposed structure or the minimum water-abutting yard setback of 25 feet.

b.

If there is only one adjoining structure within 100 feet of the proposed structure, the minimum water-abutting yard setback shall be the greater of two-thirds of the adjoining property setback or 25 feet.

c.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum water-abutting yard setback requirement of 25 feet shall be met.

d.

Impervious fences are not permitted in any required waterfront setback.

5.

Side yard: All buildings shall have side yard setbacks of not less than five feet on each side. Side setbacks from street right-of-ways or from single-family detached lots shall be not less than ten feet.

6.

Lot size: 8,000 sq. ft. of which at least 4,000 sq. ft. must consist of compensating open space.

7.

Lot width: Except in the case of those dwellings located on a cul-de-sac terminus, each lot shall have a minimum width of not less than 70 feet at the front building line. Every lot shall abut on a street for a distance of not less than 20 feet.

8.

Lot depth: Each lot shall have a minimum depth of not less than 90 feet.

C.

Townhouses:

1.

Density: One dwelling unit per lot.

2.

Front yard: All buildings must be set back from the street right-of-way lines a minimum depth of 20 feet.

3.

Rear yard: Primary buildings must be set back at least 15 feet from the rear property line.

4.

Water-abutting yard:

a.

If there are two adjoining structures, the minimum waterfront setback shall be the greater of the average of the setbacks of the adjoining main structures within 100 feet of the proposed structure or the minimum water-abutting yard setback of 25 feet.

b.

If there is only one adjoining structure within 100 feet of the proposed structure, the minimum water-abutting yard setback shall be the greater of two-thirds of the adjoining property setback or 25 feet.

c.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum water-abutting yard setback requirement of 25 feet shall be met.

d.

Impervious fences are not permitted in any required waterfront setback.

5.

Side yard: Not less than ten feet between blocks of attached units, street rights-of-way or any property outside the townhouse development.

6.

Lot size: 3,000 sq. feet. Project area shall be not less than 12,000 sq. ft.

7.

Building area: Not more than 60 percent of total site area shall be covered by building mass.

8.

Lot width: Not less than 30 feet.

9.

Lot depth: Not less than 100 feet.

D.

[Apartments, condominiums and other uses by right:] Apartments, condominiums and other uses by right listed in the comprehensive land use matrix, which are not included in the R-2 zone:

1.

Density: No more than 20 units per acre.

2.

Front yard: Not less than 25 feet from street right-of-way.

3.

Rear yard: Primary buildings shall be set back at least 20 feet from the rear property line.

4.

Water-abutting yard:

a.

If there are two adjoining structures, the minimum waterfront setback shall be the greater of the average of the setbacks of the adjoining main structures within 100 feet of the proposed structure or the minimum water-abutting yard setback of 25 feet.

b.

If there is only one adjoining structure within 100 feet of the proposed structure, the minimum water-abutting yard setback shall be the greater of two-thirds of the adjoining property setback or 25 feet.

c.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum water-abutting yard setback requirement of 25 feet shall be met.

d.

Impervious fences are not permitted in any required waterfront setback.

5.

Side yard: Not less than 20 feet between main buildings on the same parcel of land. Not less than 20 feet from any street right-of-way. Not less than 20 feet from any property outside the development.

6.

Lot size: One thousand 600 sq. ft. per dwelling unit; included in the above there shall be a minimum of 600 sq. ft. of compensating open space per dwelling unit. Total project area shall be not less than 12,000 sq. ft.

7.

Building area: Not more than 50 percent of total site area shall be covered by building mass.

8.

Lot width: Not less than 80 feet at the front building line. The parcel shall abut on a street for a distance of not less than 35 feet.

9.

Lot depth: Not less than 125 feet.

The following regulations apply to townhouses, apartments, condominiums and other uses by right not permitted in an R-2 zone.

3.05.03. Height: No building or structure shall exceed 40 feet in height.

3.05.04. Accessory structures: Accessory structures shall not occupy a required front or corner side yard or project beyond the front building line of the principal structure on a site. Accessory structures shall be set back at least five feet from interior side and rear property lines. A minimum distance of not less than ten feet shall be maintained between the main structure and accessory structures for townhouses and apartments/condominiums. The total floor area of accessory structures more than 30 inches in height shall not exceed 40 percent of the area of the required rear yard. No accessory structures or other obstructions including decks, pools, paving, landscaping structure or trees and fountains may be erected on any easement.

3.05.05. Buffering and screening:

Any duplex, townhouse or apartment/condominium property or nonresidential use by right developed in this zoning district which adjoins or abuts any property classified in the R-LD, R-1, R-2, OS or MH zone shall provide the following:

1.

A front, side or rear setback as applicable that is as deep or wide as the minimum setback requirement in such adjoining or abutting zoning districts, or 30 feet, whichever is greater. Parking, loading and storage are prohibited in these setbacks. Such properties which are separated by a street from any R-LD, R-1, R-2, OS or MH zone shall also meet these requirements; and

2.

A screen fence or wall along the common property line which shall be 100-percent impervious to sight and at least six feet in height. If this fence is visible to the public it shall be landscaped as specified in article 5. Fencing is not required for properties which are separated by a street from any R-LD, R-1 or R-2 zone.

Conditional uses in this zone may be required to provide additional buffering and screening to other properties within the R-3 zone or to properties in other zones as a condition of the use.

3.05.06 Outside storage.

A.

Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

1.

Debris. The scattered remains of something broken or destroyed.

2.

Front yard. An open space unoccupied by a principal structure on a lot facing a street, extending across the full width of the front of a lot between the side lot lines and in front of the front-most corners of the principal structure, and including any unenclosed portion of a front porch, carport, portico, or other unenclosed structure located beyond the front face of the principal structure.

3.

Outside storage. The outside placement of an item for a period of more than 72 hours during a 12-month period.

4.

Rear yard. An open space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line, and behind the back-most comers of the building line of the principal structure.

5.

Right-of-way. That area of land designated by a plat or other document for public use, access, and travel, including that area between the property line and the curb or street edge.

6.

Setback. The distance between a structure and a property line, natural feature, road right-of-way, or other improvements.

7.

Side yard. An open space unoccupied by a principal structure, situated between the building and the sideline of the lot, and extending through from the front yard to the rear line of the lot, including any unenclosed portion of a side porch, carport, portico, or other unenclosed structure located beyond the side of the principal structure. Any lot line not a rear line or a front line shall be deemed a sideline.

8.

Vacant lot. Any lot, parcel, or tract which contains no structures.

B.

Prohibited outside storage. It shall be unlawful for any person to maintain, conduct, allow or permit any prohibited outside storage on any property located in this zoning district.

It shall be unlawful for any person to maintain, conduct, allow or permit any outside storage on any portion of a vacant lot in this zoning district.

It shall be unlawful for any person for a period of more than 72 hours during a 12-month period to maintain, conduct, allow or permit any outside storage within the front yard of any property located in this zoning district of the following items:

1.

Debris, rubbish, or trash as defined herein or in Chapter 55 Nuisances and Miscellaneous Provisions, Article Ill Trash, Rubbish, Weeds and Wild Growth and Other Offensive Conditions of this code.

2.

New, used, or discarded building materials.

3.

Batteries, used oil, automobile parts, engine parts, or scrap metal.

4.

Any tire, whether new or used, without wheels or other inserts.

5.

Supplies, materials, or other items associated with a home occupation or an off-premises business.

6.

Equipment, tools, supplies, materials, or other items not typically associated with residential use or activity.

7.

Furniture, including, but not limited to, couches, chairs, shelves, tables, dressers, or other related items, which furniture is designed or intended by the manufacturer for indoor use and constructed of polished wood or wood veneer, cloth, or any other material not specifically designed or intended for outdoor use.

8.

Appliances not designed for outdoor use, including, but not limited to, refrigerators, freezers, ovens, ranges, dishwashers, clothes washing machines or dryers, or other household or similar appliances primarily designed or intended for indoor use.

9.

Building fixtures not designed for outdoor use, including, but not limited to, bathtubs, commodes, sinks, hot water heaters, or other building futures primarily designed or intended for indoor use.

10.

Chemicals (including pool or spa chemicals), bagged or boxed fertilizer, pre-emergent, or other organic or synthetic substances used for landscaping purposes, including, but not limited to, bagged or bulk mulching materials and bagged or bulk topsoil. Spa and pool equipment designed for outdoor use but not installed, including, but not limited to, hot tubs, jacuzzies, swimming pools, or other similar equipment primarily designed or intended for outdoor use.

11.

Play equipment including, but not limited to, play structures, trampolines, pools, swing sets, slides, see-saws, exercise equipment, and other recreational equipment that is intended by the manufacturer to remain in a stationary location, on any portion of a lot other than entirely within the side yard or rear yard of the lot; however, basketball goals may be located in the front yard if placed in such location and in such manner that play does not take place in a public street, alley, or other right-of-way.

Exception: Tree, porch, and yard swings are permissible to be located within the front yard.

12.

Barbeque grills or other similar outdoor cooking equipment on any portion of a lot other than entirely within the side yard or rear yard of the lot.

13.

Tools, mobile, and/or mechanical equipment.

14.

Lawn maintenance equipment on any portion of a lot other than entirely within the rear or side yard of the lot.

15.

Motor vehicle parts and/or accessories including, but not limited to, engines, transmissions, electrical parts, suspension parts, vehicle body parts, batteries, tires, wheels, hubcaps, and other motor vehicle parts.

16.

Firewood on any portion of the front or side yard setback that is not screened from public view.

17.

Trash cans or containers may not be stored in any portion of a lot other than entirely within the rear or side yard.

18.

Wet, broken, or leaking barrels, casks, or boxes or broken, empty or otherwise discarded pallets.

19.

Any other item or material which is not designed or manufactured for outside use or storage to include shopping carts.

20.

Any other item or material permitted within this ordinance that has become in disrepair.

C.

The following items are exempted from the outside storage prohibition:

1.

Building materials that:

a.

Are stored in a workmanlike manner as part of, and in conjunction with, an active building permit; and

b.

Are being used for construction, repair, renovation, or remodel of a structure or building and are not stored outside for more than two weeks after the conclusion of construction or issuance of a certificate of occupancy.

2.

In the case of furniture, that such furniture is designed and constructed for outside use, and further, that such furniture is in good condition and is not deteriorated.

3.

Solid waste, garbage, trash, brush, and bulky waste:

a.

Awaiting pickup by the city or other sanitation service.

b.

In a container or bag as approved by the city.

c.

Placed in an approved location no earlier than 24 hours preceding normal pickup and shall be retrieved no later than 24 hours after scheduled collection. At all times containers and bags shall be placed behind the front yard either in the side yard or rear yard of the property.

4.

Motor vehicles, watercraft, and trailers that are parked on an approved parking surface that have lawfully attached to it:

a.

An unexpired license plate, registration, or certificate of number (TX Number); and

b.

A valid motor vehicle inspection certificate; and

c.

Is not wrecked, dismantled, or partially dismantled, inoperable for more than 72 consecutive hours if the vehicle is located on public property; or 30 consecutive days if the vehicle is on private property.

5.

Holiday decorations installation to include Christmas lighting.

3.05.07. Animal control: No farm fowl or animals shall be kept within 100 feet of the property line; provided, however, that small domestic animals for school projects may be kept on the premises within 100 feet of the property line, if all terms and conditions of the school project exception as set out in the domestic animals ordinance are followed.

3.05.08. Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix.

3.05.09. Landscaping: Shall be in accordance with landscaping requirements in article 5 of this ordinance.

3.05.10. Reserved.

3.05.11. Supplementary regulations:

A.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

B.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers or travel trailers, may be used for on-site dwelling purposes.

C.

Eaves shall be permitted to encroach no more than 18 inches upon any setback.

(Ord. No. 93-19, arts. 2, 4, 9-7-1993; Ord. No. 2024-05, § 5, 3-5-2024; Ord. No. 2024-06, § 5, 4-2-2024)

3.06.01. Description: The C-1 light commercial district is designed to facilitate centers which accommodate trade and personal services meeting the basic needs of families residing in areas adjacent to such centers. Requirements for sunlight, natural air circulation, open space, and off-street parking are more restrictive in the C-1 district because the retail trade and services located within it are intended to become an integral part of the neighborhood and must operate in harmony with other residential, educational, religious and recreational land use activities. Uses allowed in the district are intended to produce a relatively low traffic volume and are not intended to create any noise, lighting, glare, or odors abnormal to a residential environment. No outside storage or display of goods or materials is allowed.

3.06.02. Uses permitted by right and conditional uses: Please see the comprehensive land use regulation matrix at the end of this article of the ordinance.

3.06.03. Density: One primary building per lot.

3.06.04. Area regulations:

A.

Front yard: All buildings shall be set back from the street right-of-way lines a minimum depth of 30 feet along designated arterial streets, and at least 25 feet along designated collector and local streets.

B.

Rear yard: A lot with a primary building located on it shall have a rear yard of not less than ten feet.

C.

Water-abutting yard:

1.

If there are two adjoining structures, the minimum waterfront setback shall be the greater of the average of the setbacks of the adjoining main structures within 100 feet of the proposed structure or the minimum water-abutting yard setback of 25 feet.

2.

If there is only one adjoining structure within 100 feet of the proposed structure, the minimum water-abutting yard setback shall be the greater of two-thirds of the adjoining property setback or 25 feet.

3.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum water-abutting yard setback requirement of 25 feet shall be met.

4.

Impervious fences are not permitted in any required waterfront setback.

D.

Side yard: All buildings shall have side yard setbacks of not less than ten feet. However, for buildings located on corner lots, there shall be a side yard setback from the street of not less than 15 feet.

E.

Lot size: Every site shall require a minimum of 10,000 square feet in area.

F.

Lot width: Each lot shall have a minimum width of not less than 80 feet at the front building line.

G.

Lot depth: Each lot shall have a minimum depth of not less than 125 feet.

3.06.05. Height: No building or structure may exceed 40 feet in height. The height limitations specified in this subsection do not apply to church steeples, spires, belfries, cupolas, or other normal appurtenances usually required to be placed above the roof level and not intended for human occupancy.

3.06.06. Accessory structures: Accessory structures shall not occupy a required front or corner side yard, or project beyond the front building line of the principal structure on a site. Accessory structures shall be set back at least five feet from interior side and rear property lines. A minimum distance of not less than ten feet shall be maintained between the main structure and accessory buildings. The minimum distance between two main buildings on the same parcel shall be 20 feet. The total floor area of accessory structures more than 30 inches in height shall not exceed 40 percent of the area of the required rear yard. No accessory structures or other obstructions including decks, pools, paving, landscaping structures, or trees and fountains, may be erected on any easement.

3.06.07. Buffering and screening: Buffer yards shall be of such nature and density so as to screen activities, structures and uses on the property from view from the normal level of a first story window on an abutting lot and shall further provide a year-round effective visual screen. Buffer yards are measured from the property line towards the building line and are divided in two parts: (1) a landscaping or free space buffer beginning at the property line and; (2) a secondary buffer that may be used for driveways and loading, provided that parking shall not be permitted in any portion of the minimum required buffer yard. Any property containing a use in this zoning district which adjoins or abuts any property classified in the R-LD, R-1, or R-2 zones shall provide the following, except as provided herein:

A.

A side or rear setback as applicable that is as deep or wide as the minimum setback requirement in such adjoining or abutting zoning districts, or 50 feet, whichever is greater. The first 20 feet of the rear buffer yard (the portion of the yard beginning at the rear property line) shall be reserved for landscaping only. Existing tree cover shall be maintained in accordance with section 30-26 et seq. "Tree Protection and Preservation" of the City Code of Ordinances. Other landscaping and supplemental plantings to create an adequate buffer may be added in accordance with the city's ordinances. The remaining buffer yard may be used for driveways and loading. However, parking shall not be not permitted in any portion of the minimum required buffer yard.

B.

A masonry wall along the common property line which shall be 100 percent impervious to sight and at least eight feet in height. The wall shall consist of masonry/brick pilasters in order to provide an adequate buffer from the particular use. The required wall materials are to provide for ease of maintenance and longevity of the required buffer screen. All sides of the wall that are visible to the public shall be appropriately landscaped. Bare unfinished wall surfaces are specifically prohibited. A masonry wall(s) is not required for properties which are separated by a street from any of the above zones.

C.

A minimum setback of 20 feet from public streets and adjoining residential property shall be required for all surface parking lots.

D.

Rooftop or ground level mechanical equipment shall be totally screened from view by using either parapet walls at the same height of the mechanical units for rooftop mounts or by providing screening for ground mounted units.

E.

All exterior dumpster/garbage/waste containers or storage containers and dumpsters shall be placed no more than 15 feet from the primary building and shall be fully screened so that they are not visible from off the property. Each trash enclosure shall be constructed of masonry walls with a steel gate painted to be compatible with the color of the masonry walls and building it is to serve.

F.

C-1 zoned properties made adjacent to property rezoned to R-LD, R-1, or R-2 after January 1, 2011, shall not be required to conform to the requirements of section 3.06.07.

3.06.08. Outside storage and display:

A.

Outside display of merchandise is permitted except in any of the required parking areas or other restricted areas. No display shall be erected in a manner that obstructs the safe flow of pedestrian or vehicular traffic.

B.

Plants and flowers may be displayed at all times. All other merchandise may be displayed during business hours only.

C.

Temporary permits for outside display in parking areas or other private areas may be issued to a business by the building official. These temporary permits may be for a period of no more than 72 consecutive business hours and shall not be issued to any business more frequently than every 90 days.

D.

Outside storage shall be permitted only when incidental to the commercial use located on the same premises and provided that:

1.

The storage area may not extend beyond the front line of the building.

2.

The storage area may not be located in any of the required parking areas.

3.

The storage area shall be behind a screen fence which shall be 100-percent impervious to sight and a minimum of six feet in height.

4.

Items shall not protrude above the height of the enclosed fence, walls or buildings.

E.

No trailer or semitrailer may be used for the storage of retail or wholesale merchandise on any property in this district for a period exceeding 72 hours. Furthermore, no trailer, semitrailer or shipping container may be used for the display, vending or retailing of any merchandise at any time.

3.06.09. Animal control: No farm fowl or animals shall be kept on the premises.

3.06.10. Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix.

3.06.11. Landscaping: Shall be in accordance with article 5 of this ordinance.

3.06.12. External architectural finishes: On any new or rebuilt structure located on a tract or lot abutting a street, road or highway, or abutting the waterways of Clear Creek or Clear Lake or Galveston Bay or Taylor Lake or any slough or body of water subject to the ebb and flow of tidal water from any one or more of those navigable waterways, the entire width and length and 66 percent (from grade or slab skyward) of the facade of the structure facing or visible from the street, road, highway or navigable waterway shall be constructed of one or more of the following materials:

A.

Architectural brick.

B.

Architectural block such as broken face or fluted or other decoratively patterned face block.

C.

Precast or cast-in-place concrete.

D.

Glass.

E.

Architectural metals such as aluminum and steel window frames, mullions, muntins, column covers and spandrels.

F.

Plaster and/or surface bonding cements and/or cementious field applied and/or premanufactured surfaces of like materials.

G.

Wood.

The following materials are deemed unacceptable unless concealed by permitted materials used as veneers: Metal or plastic surfaced curtain walls, whether loadbearing or not loadbearing.

3.06.13. Supplemental regulations:

A.

Lighting: Any light used for security or to illuminate the parking area shall be so arranged as to reflect away from any adjacent residential uses.

B.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

C.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers or travel trailers may be used for on-site dwelling purposes.

D.

Eaves shall be permitted to encroach no more than 18 inches upon any setback.

(Ord. No. 93-19, arts. 2, 4, 9-7-1993; Ord. No. 98-13, § 1, 8-4-1998; Ord. No. 2007-01, § 1, 3-20-2007; Ord. No. 2009-19, § 2, 10-6-2009; Ord. No. 2011-08, § 2, 4-5-2011; Ord. No. 2024-06, § 6, 4-2-2024)

3.07.01. Description: The C-2 medium commercial district is designed to facilitate centers which accommodate trade and personal services. These businesses are free (beyond their property lines) of pollution caused by noise, offensive odors, and the emission of airborne particles. Heavy arterial street traffic is characteristic of the district. The regulatory provisions of this district are aimed at achieving the specific goals and objectives identified in Comprehensive Master Plan 2030.

3.07.02. Uses permitted by right and conditional uses: Please see the comprehensive land use regulation matrix at the end of this article of the ordinance.

3.07.03. Density: One primary building per lot.

3.07.04. Area regulations:

A.

Front yard: All buildings shall be set back from the street right-of-way lines a minimum depth of 30 feet along designated arterial streets, and at least 25 feet along designated collector and local streets.

B.

Rear yard: A lot with a primary building located on it shall have a rear yard of not less than ten feet.

C.

Water-abutting yard:

1.

If there are two adjoining structures, the minimum waterfront setback shall be the greater of the average of the setbacks of the adjoining main structures within 100 feet of the proposed structure or the minimum water-abutting yard setback of 25 feet.

2.

If there is only one adjoining structure within 100 feet of the proposed structure, the minimum water-abutting yard setback shall be the greater of two-thirds of the adjoining property setback or 25 feet.

3.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum water-abutting yard setback requirement of 25 feet shall be met.

4.

Impervious fences are not permitted in any required waterfront setback.

D.

Side yard: All buildings shall have side yard setbacks of not less than ten feet. However, for buildings located on corner lots, there shall be a side yard setback from the street of not less than 15 feet.

E.

Lot size: A minimum site of 10,000 square feet in area shall be required.

F.

Lot width: Each lot shall have a minimum width of not less than 80 feet at the front building line.

G.

Lot depth: Each lot shall have a minimum depth of not less than 125 feet.

3.07.05. Height: No building or structure may have a finished floor whose elevation exceeds 74 feet 11 inches elevation above finished grade. Structures exceeding 40 feet in height shall require a conditional use permit and shall be set back from properties zoned R-1 and R-2 a distance equal to the height of the structure. This setback shall not apply to church steeples, spires, belfries, cupolas, or other normal appurtenances usually required to be placed above the roof level and not intended for human occupancy.

3.07.06. Accessory structures: Accessory structures shall not occupy a required front or corner side yard, or project beyond the front building line of the principal structure on a site. Accessory structures shall be set back at least five feet from interior side and rear property lines. A minimum distance of not less than ten feet shall be maintained between the main structure and accessory buildings. The minimum distance between two main buildings on the same parcel shall be 20 feet. The total floor area of accessory structures more than 30 inches in height shall not exceed 40 percent of the area of the required rear yard. No accessory structures or other obstructions, including decks, pools, paving, landscaping structures, or trees and fountains, may be erected on any easement.

3.07.07. Buffering and screening: Buffer yards shall be of such nature and density so as to screen activities, structures and uses on the property from view from the normal level of a first story window on an abutting lot and shall further provide a year-round effective visual screen. Buffer yards are measured from the property line towards the building line and are divided in two parts: (1) a landscaping or free space buffer beginning at the property line and; (2) a secondary buffer that may be used for driveways and loading, provided that parking shall not be permitted in any portion of the minimum required buffer yard. Any property containing a use in this zoning district which adjoins or abuts any property classified in the R-LD, R-1, or R-2 zones shall provide the following, except as provided herein:

A.

A side or rear setback as applicable that is as deep or wide as the minimum setback requirement in such adjoining or abutting zoning districts, or 50 feet, whichever is greater. The first 20 feet of the rear buffer yard (the portion of the yard beginning at the rear property line) shall be reserved for landscaping only. Existing tree cover shall be maintained in accordance with section 30-26 et seq. "Tree Protection and Preservation" of the City Code of Ordinances. Other landscaping and supplemental plantings to create an adequate buffer may be added in accordance with the city's ordinances. The remaining buffer yard may be used for driveways and loading. However, parking shall not be not permitted in any portion of the minimum required buffer yard.

B.

A masonry wall along the common property line which shall be 100 percent impervious to sight and at least eight feet in height. The wall shall consist of masonry/brick pilasters in order to provide an adequate buffer from the particular use. The required wall materials are to provide for ease of maintenance and longevity of the required buffer screen. All sides of the wall that are visible to the public shall be appropriately landscaped. Bare unfinished wall surfaces are specifically prohibited. A masonry wall(s) is not required for properties which are separated by a street from any of the above zones.

C.

Service and repair of autos and other vehicles shall not be located within 100 feet of any R-LD, R-1, or R-2 zone.

D.

A minimum setback of 20 feet from public streets and adjoining residential property shall be required for all surface parking lots.

E.

Rooftop or ground level mechanical equipment shall be totally screened from view by using either parapet walls at the same height of the mechanical units for rooftop mounts or by providing screening for ground mounted units.

F.

All exterior dumpster/garbage/waste containers or storage containers and dumpsters shall be placed no more than 15 feet from the primary building and shall be fully screened so that they are not visible from off the property. Each trash enclosure shall be constructed of masonry walls with a steel gate painted to be compatible with the color of the masonry walls and building it is to serve.

G.

C-2 zoned properties made adjacent to property rezoned to R-LD, R-1, or R-2 after January 1, 2011, shall not be required to conform to the requirements of section 3.07.07.

3.07.08. Outside storage and display:

A.

Outside display of merchandise is permitted except in any of the required parking areas or other restricted areas. No display shall be erected in a manner that obstructs the safe flow of pedestrian or vehicular traffic.

B.

Plants/flowers and boats for sale or rent may be displayed at all times. All other merchandise may be displayed during business hours only.

C.

Temporary permits for outside display in parking areas or other private areas may be issued to a business by the building official. These temporary permits may be for a period of no more than 72 consecutive business hours and shall not be issued to any business more frequently than every 90 days.

D.

Outside storage shall be permitted only when incidental to the commercial use located on the same premises and provided that:

1.

The storage area may not extend beyond the front line of the building.

2.

The storage area may not be located in any of the required parking areas.

3.

All merchandise and equipment shall be stored behind a screen fence which shall be 100-percent impervious to sight and a minimum of six feet in height. Boats and plants only are excluded from this requirement.

4.

Stored items shall not protrude above the height of the enclosed fence, walls or buildings. Boats and plants only are excluded from this requirement.

E.

No trailer or semitrailer may be used for the storage of retail or wholesale merchandise on any property in this district for a period exceeding 72 hours. Furthermore, no trailer, semitrailer or shipping container may be used for the display, vending or retailing of any merchandise at any time.

3.07.09. Animal control: No farm fowl or animals shall be kept on the premises.

3.07.10. Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix.

3.07.11. Landscaping: Shall be in accordance with article 5 of this ordinance.

3.07.12. External architectural finishes: On any new or rebuilt structure located on a tract or lot abutting a street, road or highway, or abutting the waterways of Clear Creek or Clear Lake or Galveston Bay or Taylor Lake or any slough or body of water subject to the ebb and flow of tidal water from any one or more of those navigable waterways, the entire width and length and 66 percent (from grade or slab skyward) of the facade of the structure facing or visible from the street, road, highway or navigable waterway shall be constructed of one or more of the following materials:

A.

Architectural brick.

B.

Architectural block such as broken face or fluted or other decoratively patterned face block.

C.

Precast or cast-in-place concrete.

D.

Glass.

E.

Architectural metals such as aluminum and steel window frames, mullions, muntins, column covers and spandrels.

F.

Plaster and/or surface bonding cements and/or cementious field applied and/or premanufactured surfaces of like materials.

G.

Wood.

The following materials are deemed unacceptable unless concealed by permitted materials used as veneers: Metal or plastic surfaced curtain walls, whether loadbearing or not loadbearing.

3.07.13. Supplementary regulations:

A.

Lighting: Any light used for security or to illuminate the parking area shall be so arranged as to reflect away from any adjacent residential uses.

B.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

C.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers, or travel trailers may be used for on-site dwelling purposes.

D.

Eaves shall be permitted to encroach no more than 18 inches upon any setback.

(Ord. No. 93-19, arts. 2, 4, 9-7-1993; Ord. No. 98-13, § 2, 8-4-1998; Ord. No. 2007-01, § 1, 3-20-2007; Ord. No. 2008-03, § 2, 3-4-2008; Ord. No. 2009-19, § 3, 10-6-2009; Ord. No. 2011-08, § 3, 4-5-2011; Ord. No. 2024-06, § 7, 4-2-2024)

3.08.01. Description: The C-3 heavy commercial district is designed to allow a wide variety of land uses to coexist while providing for a proper integration of transportation systems and essential support services. This district is primarily aimed at accommodating the very heavy traffic associated with S.H. 146. The regulatory provisions of this district are aimed at achieving the specific goals and objectives identified in Comprehensive Master Plan 2030.

3.08.02. Uses permitted by right and conditional uses: Please see the comprehensive land use regulation matrix at the end of this article of the ordinance.

3.08.03. Density: One primary building per lot.

3.08.04. Area regulations:

A.

Front yard: All buildings shall be set back from the street right-of-way lines a minimum depth of 30 feet along designated arterial streets, and at least 25 feet along designated collector and local streets.

B.

Rear yard: A lot with a primary building located on it shall have a rear yard of not less than ten feet.

C.

Water-abutting yard: All structures shall be set back from any water-abutting yard a distance of not less than 25 feet.

1.

If there are two adjoining structures, the minimum waterfront setback shall be the greater of the average of the setbacks of the adjoining main structures within 100 feet of the proposed structure of the minimum water-abutting yard setback of 25 feet.

2.

If there is only one adjoining structure within 100 feet of the proposed structure, the minimum water-abutting yard setback shall be the greater of two-thirds of the adjoining property setback or 25 feet.

3.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum water-abutting yard setback requirement of 25 feet shall be met.

4.

Impervious fences are not permitted in any required waterfront setback.

D.

Side yard: All buildings shall have side yard setbacks of not less than ten feet. However, for buildings located on corner lots, there shall be a side yard setback from the street of not less than 15 feet.

E.

Lot size: A minimum site of 10,000 square feet in area shall be required.

F.

Lot width: Each lot shall have a minimum width of not less than 80 feet at the front building line.

G.

Lot depth: Each lot shall have a minimum depth of not less than 125 feet.

3.08.05. Height: No building or structure may exceed 50 feet in height. The height limitations specified in this subsection do not apply to church steeples, spires, belfries, cupolas, or other normal appurtenances usually required to be placed above the roof level and not intended for human occupancy.

3.08.06. Accessory structures: Accessory structures shall not occupy a required front or corner side yard, or project beyond the front building line of the principal structure on a site. Accessory structures shall be set back at least five feet from interior side and rear property lines. A minimum distance of not less than ten feet shall be maintained between the main structure and accessory buildings. The minimum distance between two main buildings on the same parcel shall be 20 feet. The total floor area of accessory structures more than 30 inches in height shall not exceed 40 percent of the area of the required rear yard. No accessory structures or other obstructions, including decks, pools, paving, landscaping structures, or trees and fountains, may be erected on any easement.

3.08.07. Buffering and screening: Buffer yards shall be of such nature and density so as to screen activities, structures and uses on the property from view from the normal level of a first story window on an abutting lot and shall further provide a year-round effective visual screen. Buffer yards are measured from the property line towards the building line and are divided in two parts: (1) a landscaping or free space buffer beginning at the property line and; (2) a secondary buffer that may be used for driveways and loading, provided that parking shall not be permitted in any portion of the minimum required buffer yard. Any property containing a use in this zoning district which adjoins or abuts any property classified in the R-LD, R-1, or R-2 zones shall provide the following, except as provided herein:

A.

A side or rear setback as applicable that is as deep or wide as the minimum setback requirement in such adjoining or abutting zoning districts, or 50 feet, whichever is greater. The first 20 feet of the rear buffer yard (the portion of the yard beginning at the rear property line) shall be reserved for landscaping only. Existing tree cover shall be maintained in accordance with section 30-26 et seq. "Tree Protection and Preservation" of the City Code of Ordinances. Other landscaping and supplemental plantings to create an adequate buffer may be added in accordance with the city's ordinances. The remaining buffer yard may be used for driveways and loading. However, parking shall not be not permitted in any portion of the minimum required buffer yard.

B.

A masonry wall along the common property line which shall be 100 percent impervious to sight and at least eight feet in height. The wall shall consist of masonry/brick pilasters in order to provide an adequate buffer from the particular use. The required wall materials are to provide for ease of maintenance and longevity of the required buffer screen. All sides of the wall that are visible to the public shall be appropriately landscaped. Bare unfinished wall surfaces are specifically prohibited. A masonry wall(s) is not required for properties which are separated by a street from any of the above zones.

C.

Service and repair of autos and other vehicles shall not be located within 100 feet of any R-LD, R-1, or R-2 zone.

D.

A minimum setback of 20 feet from public streets and adjoining residential property shall be required for all surface parking lots.

E.

Rooftop or ground level mechanical equipment shall be totally screened from view by using either parapet walls at the same height of the mechanical units for rooftop mounts or by providing screening for ground mounted units.

F.

All exterior dumpster/garbage/waste containers or storage containers and dumpsters shall be placed no more than 15 feet from the primary building and shall be fully screened so that they are not visible from off the property. Each trash enclosure shall be constructed of masonry walls with a steel gate painted to be compatible with the color of the masonry walls and building it is to serve.

G.

C-3 zoned properties made adjacent to property rezoned to R-LD, R-1, or R-2 after January 1, 2011, shall not be required to conform to the requirements of section 3.08.07.

3.08.08. Outside storage and display:

A.

Outside display of merchandise is permitted except in any of the required parking areas or other restricted areas. No display shall be erected in a manner that obstructs the safe flow of pedestrian or vehicular traffic.

B.

Plants/flowers, boats, autos and other vehicles for sale or rent may be displayed at all times. All other merchandise may be displayed during business hours only.

C.

Temporary permits for outside display in parking areas or other private areas may be issued to a business by the building official. These temporary permits may be for a period of no more than 72 consecutive business hours and shall not be issued to any business more frequently than every 90 days.

D.

Outside storage shall be permitted only when incidental to the commercial use located on the same premises and provided that:

1.

The storage area may not extend beyond the front line of the building, unless granted by conditional use permit.

2.

The storage area may not be located in any of the required parking areas.

3.

All merchandise and equipment shall be stored behind a screen fence which shall be 80-percent impervious to sight and a minimum of eight feet in height. Boats, autos and other vehicles and plants are excluded from this requirement.

4.

Items shall not protrude above the height of the enclosed fence, walls or buildings. Boats, autos and other vehicles and plants are excluded from this requirement.

E.

No trailer or semitrailer may be used for the storage of retail or wholesale merchandise on any property in this district for a period exceeding 72 hours. Furthermore, no trailer, semitrailer or shipping container may be used for the display, vending or retailing of any merchandise at any time.

3.08.09. Animal control: No farm fowl or animals shall be kept on the premises.

3.08.10. Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix.

3.08.11. Landscaping: Shall be in accordance with article 5 of this ordinance.

3.08.12. External architectural finishes: On any new or rebuilt structure located on a tract or lot abutting a street, road or highway, or abutting the waterways of Clear Creek or Clear Lake or Galveston Bay or Taylor Lake or any slough or body of water subject to the ebb and flow of tidal water from any one or more of those navigable waterways, the entire width and length and 66 percent (from grade or slab skyward) of the facade of the structure facing or visible from the street, road, highway or navigable waterway shall be constructed of one or more of the following materials:

A.

Architectural brick.

B.

Architectural block such as broken face or fluted or other finish requirements as [or other decoratively patterned face block].

C.

Precast or cast-in-place concrete.

D.

Glass.

E.

Architectural metals such as aluminum and steel window frames, mullions, muntins, column covers and spandrels.

F.

Plaster and/or surface bonding cements and/or cementious field applied and/or premanufactured surfaces of like materials.

G.

Wood.

The following materials are deemed unacceptable unless concealed by permitted materials used as veneers: Metal or plastic surfaced curtain walls, whether loadbearing or not loadbearing.

3.08.13. Supplementary regulations:

A.

Lighting: Any light used for security or to illuminate the parking area shall be so arranged as to reflect away from any adjacent residential uses.

B.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

C.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers or travel trailers may be used for on-site dwelling purposes.

D.

Eaves shall be permitted to encroach no more than 18 inches upon any setback.

(Ord. No. 93-19, arts. 2, 4, 9-7-1993; Ord. No. 98-13, § 3, 8-4-1998; Ord. No. 2007-01, § 1, 3-20-2007; Ord. No. 2009-19, § 4, 10-6-2009; Ord. No. 2011-08, § 4, 4-5-2011; Ord. No. 2024-06, § 8, 4-2-2024)

3.09.01. Description: The SH 146 South commercial district (146-S) is intended to be the southern gateway into the city. The district elements should preserve Seabrook's unique sense of place for community gatherings and events, while providing local entertainment options for the community. This district, due to changes within the flood regulations, will be made up of elevated structures, creating a unique appearance throughout the district.

3.09.02. Uses: Uses permitted by right and by conditional use shall be governed by section 3.15, "Comprehensive land use regulation matrix" 146-S district.

3.09.03. Area regulations:

A.

Front yard: All buildings shall be set back from the street right-of-way lines a minimum depth of 30 feet.

B.

Rear yard: A lot with a primary building located on it shall have a rear yard of not less than ten feet.

C.

Side yard: All buildings shall have side yard setbacks of not less than ten feet. However, for buildings located on corner lots, there shall be a side yard setback from the street of not less than 15 feet.

D.

Lot size: A minimum site of 6,250 square feet in area shall be required.

E.

Lot width: Each lot shall have a minimum width of not less than 50 feet at the front building line.

F.

Lot depth: Each lot shall have a minimum depth of not less than 125 feet.

3.09.04. Building height: No building or structure shall have a finished floor whose elevation exceeds 74 feet 11 inches above base flood elevation. Structures exceeding 50 feet in height above base flood elevation shall require a conditional use permit. This elevation limitation shall not include church steeples, spires, belfries, cupolas, or other normal appurtenances placed above the roof level and not intended for human occupancy, as approved by the building official.

3.09.05. Outside storage: Outside storage shall be screened from view from all public streets with the use of screening walls, landscaping, or berms.

3.09.06. Sidewalks: The pedestrian paving will be constructed either within appropriate public street rights-of-way and/or within the landscape setbacks. All walks must be constructed in a consistent workmanlike manner.

A.

Minimum construction requires sidewalks to be four inches thick with #3 reinforcement at 18 inches on center both ways. Public sidewalks located within the city or county right-of-way shall be a minimum of five feet wide. No cold joints are permitted. Complete pours between expansion joints are required. Drill dowels into existing concrete curbs and driveways and use expansion joints with slip dowels at connections of existing and new concrete. Dowels are to be stubbed out where sidewalk is to be continued in the future.

B.

Sidewalk elevations shall match with the existing manhole and valve box elevations. If adjustments of the height are required, owner shall notify the Seabrook Public Works Department at least 24 hours prior to sidewalk construction. If adjustments must be made, the owner-builder/site developer will be responsible for such adjustments. Handicap ramps are required at every street and other locations required by Americans with Disabilities Act of 1990 (ADA) as amended.

3.09.07. Accessory structures: Accessory structures shall not occupy a required front or corner side yard, or project beyond the front building line of the principal structure on a site. Accessory structures shall be set back at least ten feet from interior side and rear property lines. A minimum distance of not less than ten feet shall be maintained between the main structure and accessory buildings. The minimum distance between two main buildings on the same parcel shall be 20 feet. The total floor area of accessory structures more than 30 inches in height shall not exceed 40 percent of the area of any required yard. No accessory structures or other obstructions, including decks, pools, paving, landscaping structures, or trees and fountains, may be erected on any easement.

3.09.08. Buffering and screening:

A.

Rooftop or ground level mechanical equipment shall be totally screened from view by using either parapet walls at the same height of the mechanical units for rooftop mounts or by providing screening for ground mounted units.

B.

Exterior dumpster/garbage/waste containers shall be placed a minimum of ten feet from any side or rear property line. Containers shall not project beyond the front building line of the principal structure. Containers shall be fully screened so not to be visible from off the property. Each trash container enclosure shall be constructed of impervious materials with a gate.

C.

Loading docks are prohibited between the street right-of-way and any building facade fronting a street right-of-way. Loading docks shall be situated toward the rear of structures. Loading docks may not be used for any type of long-term storage. Any vehicle, trailer or material left standing in a loading dock for more than a 24-hour period shall be deemed a violation of this ordinance.

3.09.09. Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix.

3.09.10. Signage: Signage shall be in accordance with article 6 of this ordinance.

3.09.11. Landscaping: Landscaping shall be in accordance with article 7 of this ordinance.

3.09.12. Supplementary regulations:

A.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers, or travel trailers may be used for on-site dwelling purposes.

B.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

C.

Utilities, including, but not limited to, electrical lines, gas lines, telephone lines, and cable television lines, shall be installed underground unless otherwise approved by city council.

D.

No trailer or semitrailer may be used for the storage of retail or wholesale merchandise on any property in this district for a period exceeding 72 hours.

E.

No trailer, motor vehicle, semitrailer or shipping container may be used for the display, vending or retailing of any merchandise at any time.

F.

Outside display of merchandise is permitted except in any of the required parking areas or other restricted areas. No display shall be erected in a manner that obstructs the safe flow of pedestrian or vehicular traffic.

(Ord. No. 2019-02, § 2, 2-5-2019; Ord. No. 2019-21, § 2, 11-19-2019; Ord. No. 2024-06, § 9, 4-2-2024)

Editor's note— Ord. No. 2019-02, § 2, adopted Feb. 5, 2019, repealed § 3.09 in its entirety and enacted new provisions to read as herein set out. Former § 3.09 pertained to the C-S Commercial special district and derived from Ord. No. 93-19, arts. 1, 2, 4, adopted Sept. 7, 1993; Ord. No. 98-13, § 4, adopted Aug. 4, 1998; Ord. No. 2007-01, § 1, adopted March 20, 2007; Ord. No. 2009-19, § 5, adopted Oct. 6, 2009; and Ord. No. 2011-08, § 5, adopted April 5, 2011.

3.10.01.Description: This district is specifically designed to accommodate a select group of commercial and recreational land use activities associated with waterfront areas. The primary land use orientation of the district is retail-commercial establishments with a waterfront marine-coastal theme. In accordance with Comprehensive Master Plan 2030, the district aims at preserving Seabrook's small town character, its waterfront, and to create a "unique" place. The land uses within this district are also intended to meet a portion of the community's tourism and recreational demand. The incorporation of piers, boardwalks, outdoor patios, and outdoor cafes into site development of properties located in this district is encouraged.

3.10.02. Uses permitted by right and conditional uses: Please see the comprehensive land use regulation matrix at the end of this article of the ordinance.

3.10.03. Density: Not applicable.

3.10.04. Area regulations:

A.

Front yard: All buildings not greater than 40 feet in height shall be set back from the street right-of-way lines a minimum depth of 20 feet. Buildings taller than 40 feet shall have additional setback requirements listed in article 4, "Special Use Regulations."

B.

Rear yard: None for buildings not greater than 40 feet in height. Buildings taller than 40 feet shall have additional setback requirements listed in article 4, "Special Use Regulations."

C.

Water-abutting yard:

1.

If there are two adjoining structures, the minimum waterfront setback shall be the greater of the average of the setbacks of the adjoining main structures within 100 feet of the proposed structure or the minimum water-abutting yard setback of 25 feet.

2.

If there is only one adjoining structure, within 100 feet of the proposed structure, the minimum waterfront setback shall be the greater of two-thirds of the adjoining property or 25 feet.

3.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum waterfront setback requirement of 25 feet shall be met.

4.

Impervious fences are not permitted in any required waterfront setback.

5.

Buildings greater than 40 feet in height shall adhere to the setback requirements listed in article 4, "Special Use Regulations" or the waterfront setbacks listed above, whichever is more stringent.

D.

Side yard: All buildings shall have side yard setbacks of not less than ten feet on each side. Buildings taller than 40 feet shall have additional setback requirements listed in article 4, "Special Use Regulations."

E.

Lot size: Development consistent with the regulations associated with this section of the ordinance shall require a minimum site of 6,000 square feet in area.

F.

Lot width: Each lot shall have a minimum width of not less than 50 feet at the front building line.

G.

Lot depth: Each lot shall have a minimum depth of not less than 100 feet.

3.10.05. Height: There is no height limit, however, any building over 40 feet in height shall abide by the special conditions listed in article 4, "Special Use Regulations."

3.10.06. Accessory structures: Accessory structures shall not occupy a required front or corner side yard or project beyond the front building line of the principal structure on a site. Accessory structures shall be set back at least five feet from interior side and rear property lines. A minimum distance of not less than ten feet shall be maintained between the main structure and accessory buildings. The minimum distance of two main buildings on the same parcel shall be 20 feet. No accessory structure or other obstructions including decks, pools, paving, landscaping structures or trees and fountains may be erected on any utility easement. Accessory buildings over 40 feet in height shall adhere to restrictions listed in article 4, "Special Use Regulations."

3.10.07. Buffering and screening: Buffer yards shall be of such nature and density so as to screen activities, structures and uses on the property from view from the normal level of a first story window on an abutting lot and shall further provide a year-round effective visual screen. Buffer yards are measured from the property line towards the building line and are divided in two parts: (1) a landscaping or free space buffer beginning at the property line and; (2) a secondary buffer that may be used for driveways and loading, provided that parking shall not be permitted in any portion of the minimum required buffer yard. Any property containing a use in this zoning district which adjoins or abuts any property classified in the R-LD, R-1, or R-2 zones shall provide the following, except as provided herein:

A.

A side or rear setback as applicable that is as deep or wide as the minimum setback requirement in such adjoining or abutting zoning districts, or 50 feet, whichever is greater. The first 20 feet of the rear buffer yard (the portion of the yard beginning at the rear property line) shall be reserved for landscaping only. Existing tree cover shall be maintained in accordance with section 30-26 et seq. "Tree Protection and Preservation" of the City Code of Ordinances. Other landscaping and supplemental plantings to create an adequate buffer may be added in accordance with the city's ordinances. The remaining buffer yard may be used for driveways and loading. However, parking shall not be not permitted in any portion of the minimum required buffer yard.

B.

A masonry wall along the common property line which shall be 100 percent impervious to sight and at least eight feet in height. The wall shall consist of masonry/brick pilasters in order to provide an adequate buffer from the particular use. The required wall materials are to provide for ease of maintenance and longevity of the required buffer screen. All sides of the wall that are visible to the public shall be appropriately landscaped. Bare unfinished wall surfaces are specifically prohibited. A masonry wall(s) is not required for properties which are separated by a street from any of the above zones.

C.

A minimum setback of 20 feet from public streets and adjoining residential property shall be required for all surface parking lots.

D.

Rooftop or ground level mechanical equipment shall be totally screened from view by using either parapet walls at the same height of the mechanical units for rooftop mounts or by providing screening for ground mounted units.

E.

All exterior dumpster/garbage/waste containers or storage containers and dumpsters shall be placed no more than 15 feet from the primary building and shall be fully screened so that they are not visible from off the property. Each trash enclosure shall be constructed of masonry walls with a steel gate painted to be compatible with the color of the masonry walls and building it is to serve.

F.

WAD zoned properties made adjacent to property rezoned to R-LD, R-1, or R-2 after January 1, 2011, shall not be required to conform to the requirements of section 3.10.07.

3.10.08. Outside storage and display:

A.

Outside display of merchandise is permitted except in any of the required parking areas or other restricted areas. No display shall be erected in a manner that obstructs the safe flow of pedestrian or vehicular traffic.

B.

Plants/flowers and boats for sale or rent may be displayed at all times. All other merchandise may be displayed during business hours only.

C.

Temporary permits for outside display in parking areas or other private areas may be issued to a business by the building official. These temporary permits may be for a period of no more than 72 consecutive business hours and shall not be issued to any business more frequently than every 90 days.

D.

Outside storage shall be permitted only when incidental to the use located on the same premises and provided that:

1.

The storage area may not extend beyond the front line of the building, unless granted by conditional use permit.

2.

The storage area may not be located in any of the required parking areas.

3.

All merchandise and equipment shall be stored behind a screen fence which shall be 100-percent impervious to sight and a minimum of six feet in height. Plants/flowers and boats only are excluded from this requirement.

4.

Items shall not protrude above the height of the enclosed fence, walls or buildings. Plants/flowers and boats only are excluded from this requirement.

E.

No trailer or semitrailer may be used for the storage of retail or wholesale merchandise on any property in this district for a period exceeding 72 hours. Furthermore, no trailer, semitrailer or shipping container may be used for the display, vending or retailing of any merchandise at any time.

3.10.09. Animal control: No farm fowl or animals shall be kept on the premises.

3.10.10. Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix.

3.10.11. Landscaping: Shall be in accordance with article 5.

3.10.12. External architectural finishes: On any new or rebuilt structure located on a tract or lot abutting a street, road or highway, or abutting the waterways of Clear Creek or Clear Lake or Galveston Bay or Taylor Lake or any slough or body of water subject to the ebb and flow of tidal water from any one or more of those navigable waterways, the entire width and length and 66 percent (from grade or slab skyward) of the facade of the structure facing or visible from the street, road, highway or navigable waterway shall be constructed of one or more of the following materials:

A.

Architectural brick.

B.

Architectural block such as broken face or fluted or other finish requirements as [or other decoratively patterned face block].

C.

Precast or cast-in-place concrete.

D.

Glass.

E.

Architectural metals such as aluminum and steel window frames, mullions, muntins, column covers and spandrels.

F.

Plaster and/or surface bonding cements and/or cementious field applied and/or premanufactured surfaces of like materials.

G.

Wood.

The following materials are deemed unacceptable unless concealed by permitted materials used as veneers: Metal or plastic surfaced curtain walls, whether loadbearing or not loadbearing.

3.10.13. Supplementary regulations:

A.

Lighting: Any light used for security or to illuminate the parking area shall be so arranged as to reflect away from any adjacent residential uses.

B.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

C.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers or travel trailers may be used for on-site dwelling purposes.

D.

Eaves shall be permitted to encroach no more than 18 inches upon any setback.

(Ord. No. 93-19, arts. 2, 4, 9-7-1993; Ord. No. 98-13, § 5, 8-4-1998; Ord. No. 2007-01, § 1, 3-20-2007; Ord. No. 2009-19, § 6, 10-6-2009; Ord. No. 2011-08, § 6, 4-5-2011; Ord. No. 2024-06, § 10, 4-2-2024)

3.11.01. Description: The MMU marine oriented mixed use district is primarily aimed at accommodating the establishment of waterfront and over-water activities, primarily marinas, shipyards and their associated commercial activities. The land uses within this district are also intended to meet a portion of the community's tourism and recreation demand. The incorporation of piers, boardwalks, outdoor patios and outdoor cafes into site development of properties located in this district are encouraged.

3.11.02. Uses permitted by right and conditional uses:

A.

Townhouses permitted by conditional use:

1.

Density: One dwelling unit per lot.

2.

Front yard: All buildings must be set back from the street right-of-way lines a minimum depth of 20 feet.

3.

Rear yard: Primary buildings must be set back at least 15 feet from the rear property line.

4.

Water-abutting yard:

a.

If there are two adjoining structures, the minimum waterfront setback shall be the greater of the adjoining main structures within 100 feet of the proposed structure or the minimum water-abutting yard setback of 25 feet.

b.

If there is only one adjoining structure within 100 feet of the proposed structure, the minimum water-abutting yard setback shall be the greater of two-thirds of the adjoining property setback or 25 feet.

c.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum water-abutting yard setback requirement of 25 feet shall be met.

d.

Impervious fences are not permitted in any required waterfront setbacks.

5.

Side yard: Not less than ten feet between blocks of attached units, street rights-of-way or any property outside the townhouse development.

6.

Lot size: 3,000 square feet above mean high tide. Project area shall not be less than 12,000 square feet.

7.

Building area: Not more than 60 percent of total site area shall be covered by building mass.

8.

Height: No building or structure shall exceed 40 feet in height.

B.

Other uses: All other listed uses (by right and conditional uses) allowed in this zone per section 3.15, "Comprehensive Land Use Regulation Matrix," at the end of this article of the ordinance.

1.

Density: Not applicable.

2.

Front yard: All buildings shall be set back from the street right-of-way lines a minimum depth of 20 feet.

3.

Rear yard: None.

4.

Water-abutting yard: None.

5.

Side yard: All buildings shall have side yard setbacks of not less than ten feet from each side.

6.

Lot size: Development consistent with the regulations associated with this section of the ordinance shall require a minimum site area of 6,000 square feet in area.

7.

Lot width: Each lot shall have a minimum width of not less than 50 feet at the front building line.

8.

Lot depth: Each lot shall have a minimum depth of not less than 100 feet.

9.

Height: There is no other height limit.

The following regulations apply to townhouses and all other uses by right or conditional uses allowed in this zone.

3.11.03. Accessory structures: Accessory structures shall not occupy a required front or corner side yard or project beyond the front building line of the principal structure on a site. Accessory structures shall be set back at least five feet from interior side and rear property lines. A minimum distance of not less than ten feet shall be maintained between the main structure and accessory buildings. The minimum distance of two main buildings on the same parcel shall be 20 feet. No accessory structure or other obstructions including decks, pools, paving, landscaping structures or trees and fountains may be erected on any utility easement. Accessory buildings over 40 feet in height shall adhere to restrictions listed in article 4, "Special Use Regulations."

3.11.04. Buffering and screening: Buffer yards shall be of such nature and density so as to screen activities, structures and uses on the property from view from the normal level of a first story window on an abutting lot and shall further provide a year-round effective visual screen. Buffer yards are measured from the property line towards the building line and are divided in two parts: (1) a landscaping or free space buffer beginning at the property line and; (2) a secondary buffer that may be used for driveways and loading, provided that parking shall not be permitted in any portion of the minimum required buffer yard. Any property containing a use in this zoning district which adjoins or abuts any property classified in the R-LD, R-1, or R-2 zones shall provide the following, except as provided herein:

A.

A side or rear setback as applicable that is as deep or wide as the minimum setback requirement in such adjoining or abutting zoning districts, or 25 feet, whichever is greater. The first 20 feet of the rear buffer yard (the portion of the yard beginning at the rear property line) shall be reserved for landscaping only. Existing tree cover shall be maintained in accordance with section 30-26 et seq. "Tree Protection and Preservation" of the City Code of Ordinances. Other landscaping and supplemental plantings to create an adequate buffer may be added in accordance with the city's ordinances. The remaining buffer yard may be used for driveways and loading. However, parking shall not be not permitted in any portion of the minimum required buffer yard.

B.

A masonry wall along the common property line which shall be 100 percent impervious to sight and at least eight feet in height. The wall shall consist of masonry/brick pilasters in order to provide an adequate buffer from the particular use. The required wall materials are to provide for ease of maintenance and longevity of the required buffer screen. All sides of the wall that are visible to the public shall be appropriately landscaped. Bare unfinished wall surfaces are specifically prohibited. A masonry wall(s) is not required for properties which are separated by a street from any of the above zones.

C.

A minimum setback of 20 feet from public streets and adjoining residential property shall be required for all surface parking lots.

D.

Rooftop or ground level mechanical equipment shall be totally screened from view by using either parapet walls at the same height of the mechanical units for rooftop mounts or by providing screening for ground mounted units.

E.

All exterior dumpster/garbage/waste containers or storage containers and dumpsters shall be placed no more than 15 feet from the primary building and shall be fully screened so that they are not visible from off the property. Each trash enclosure shall be constructed of masonry walls with a steel gate painted to be compatible with the color of the masonry walls and building it is to serve.

F.

MMU zoned properties made adjacent to property rezoned to R-LD, R-1, or R-2 after January 1, 2011, shall not be required to conform to the requirements of section 3.11.04.

3.11.05. Outside storage and display:

A.

Outside display of merchandise is permitted except in any of the required parking areas or other restricted areas. No display shall be erected in a manner that obstructs the safe flow of pedestrian or vehicular traffic.

B.

Plants/flowers and boats for sale or rent may be displayed at all times. All other merchandise may be displayed during business hours only.

C.

Temporary permits for outside display in parking areas or other private areas may be issued to a business by the building official. These temporary permits may be for a period of no more than 72 consecutive business hours and shall not be issued to any business more frequently than every 90 days.

D.

Outside storage shall be permitted only when incidental to the use located on the same premises and provided that:

1.

The storage area may not extend beyond the front line of the building, unless granted by conditional use permit.

2.

The storage area may not be located in any of the required parking areas.

3.

All merchandise and equipment shall be stored behind a screen fence which shall be 100 percent impervious to sight and a minimum of six feet in height. Plants/flowers and boats only are excluded from this requirement.

4.

Items shall not protrude above the height of the enclosed fence, walls or buildings. Plants/flowers and boats only are excluded from this requirement.

E.

No trailer or semitrailer may be used for the storage of retail or wholesale merchandise on any property in this district for a period exceeding 72 hours. Furthermore, no trailer, semitrailer or shipping container may be used for the display, vending or retailing of any merchandise at any time.

3.11.06. Animal control: No farm fowl or animals shall be kept on the premises.

3.11.07. Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix.

3.11.08. Landscaping: Shall be in accordance with article 5.

3.11.09. Reserved.

3.11.10. Supplementary regulations:

A.

Lighting: Any light used for security or to illuminate the parking area shall be so arranged as to reflect away from any adjacent residential uses.

B.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

C.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers or travel trailers, may be used for on-site dwelling purposes.

D.

Eaves shall be permitted to encroach no more than 18 inches upon any setback.

3.11.11. Reserved.

3.11.12. External architectural finishes: On any new or rebuilt structure located on a tract or lot abutting a street, road or highway, or abutting the waterways of Clear Creek or Clear Lake or Galveston Bay or Taylor Lake or any slough or body of water subject to the ebb and flow of tidal water from any one or more of those navigable waterways, the entire width and length and 66 percent (from grade or slab skyward) of the facade of the structure facing or visible from the street, road, highway or navigable waterway shall be constructed of one or more of the following materials:

A.

Architectural brick.

B.

Architectural block such as broken face or fluted or other decoratively patterned face block.

C.

Precast or cast-in-place concrete.

D.

Glass.

E.

Architectural metals such as aluminum and steel window frames, mullions, muntins, column covers and spandrels.

F.

Plaster and/or surface bonding cements and/or cementious field applied and/or premanufactured surfaces of like materials.

G.

Wood.

The following materials are deemed unacceptable unless concealed by permitted materials used as veneers: Metal or plastic surfaced curtain walls, whether loadbearing or not loadbearing.

(Ord. No. 93-19, arts. 2, 4, 9-7-1993; Ord. No. 94-18, § 1, 7-5-1994; Ord. No. 96-21, § 1, 12-3-1996; Ord. No. 98-13, § 6, 8-4-1998; Ord. No. 2001-20, § 2, 9-18-2001; Ord. No. 2007-01, § 1, 3-20-2007; Ord. No. 2009-19, § 7, 10-6-2009; Ord. No. 2011-08, § 7, 4-5-2011; Ord. No. 2024-06, § 11, 4-2-2024)

3.12.01. Description: This district is specifically designed to accommodate a select group of land use activities associated with that area in the community known as "Old Seabrook." In accordance with Comprehensive Master Plan 2030, the district is designed to enhance the special characteristics of Seabrook, the small town character, its waterfront, and to create a "unique" place. The land uses within this district are also intended to meet a portion of the community's tourism demand.

3.12.02. Uses permitted by right and conditional uses:

A.

Townhouses permitted by conditional use:

1.

Density:One dwelling unit per lot.

2.

Front yard setback: All buildings must be set back from the street right-of-way lines a minimum depth of 20 feet.

3.

Rear yard setback: Primary buildings must be set back at least 15 feet from the rear property line.

4.

Water-abutting yard setback:

a.

If there are two adjoining structures, the minimum waterfront yard setback shall be the greater of the adjoining main structures within 100 feet of the proposed structure or the minimum water-abutting yard setback of 25 feet.

b.

If there is only one adjoining structure within 100 feet of the proposed structure, the minimum water-abutting yard setback shall be the greater of two-thirds of the adjoining property yard setback or 25 feet.

c.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum water-abutting yard setback requirement of 25 feet shall be met.

d.

Impervious fences are not permitted in any required waterfront setbacks.

5.

Side yard setback: Not less than ten feet between blocks of attached units, street rights-of-way or any property outside the townhouse development.

6.

Lot size: Three thousand square feet above mean high tide. Project area shall not be less than 12,000 square feet.

7.

Building area: Not more than 60 percent of total site area shall be covered by building mass.

8.

Height: No building or structure shall exceed 40 feet in height.

B.

Other uses. All other listed uses (by right and conditional uses) allowed in this zone per section 3.15, "Comprehensive land use regulation matrix". Mixed use projects shall be allowed. All building, fire, electrical, and other health and safety codes pertaining to commercial development and as stipulated by Seabrook codes and ordinances shall be met.

1.

Density: Two primary buildings per lot; but not to exceed two dwelling units per lot.

2.

Area regulations:

A.

Front yard: All buildings must be set back from the street right-of-way lines a minimum depth of 20 feet.

B.

Rear yard: A lot with a primary building located on it shall have a rear yard of not less than ten feet.

C.

Water-abutting yard: All structures shall be set back from any water-abutting yard a distance of not less than 25 feet.

1.

If there are two adjoining structures, the minimum waterfront setback shall be the greater of the average of the setbacks of the adjoining main structures within 100 feet of the proposed structure or the minimum water-abutting yard setback of 25 feet.

2.

If there is only one adjoining structure within 100 feet of the proposed structure, the minimum water-abutting yard setback shall be the greater of two-thirds of the adjoining property setback or 25 feet.

3.

If there are no adjoining structures within 100 feet of the proposed structure, the minimum water-abutting yard setback requirement of 25 feet shall be met.

4.

Impervious fences are not permitted in any required waterfront setback.

D.

Side: Not less than five feet on each side.

E.

Lot size: A minimum site of 6,000 feet shall be required.

F.

Lot width: Each lot shall have a minimum width of not less than 50 feet at the front building line.

G.

Lot depth: Each lot shall have a minimum depth of not less than 100 feet.

H.

Height: No building or structure may exceed 40 feet in height. The height limitations specified in this subsection do not apply to church steeples, spires, belfries, cupolas or other normal appurtenances usually required to be placed above the roof level and not intended for human occupancy.

3.12.03. The following regulations apply to townhouses and to all other uses by right and conditional uses allowed in this zoning district.

A.

Accessory structures: Accessory structures shall not occupy a required front or corner side yard or project beyond the front building line of the principal structure on a site. Accessory structures shall be set back at least five feet from interior side and rear property lines. A minimum distance of not less than five feet shall be maintained between the main structure and accessory buildings. Connecting breezeways shall not exceed eight feet in width from finish wall to finish wall. Buildings shall be separated by an approved firestop in the roof and walls. No accessory structures or other obstructions including decks, pools, paving, landscaping structures or trees and fountains may be erected on any utility easement.

B.

Buffering and screening: Any property classified in this zoning district which adjoins or abuts any property classified in the R-LD, R-1 or R-2 zoning district shall provide a front, side or rear setback as applicable that is at least as deep or wide as that required in such adjoining or abutting districts. Properties in the OS zone which are separated by a street from any R-LD, R-1 or R-2 zone shall also meet these requirements.

C.

Outside storage.

1.

Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

a.

Debris. The scattered remains of something broken or destroyed.

b.

Front yard. An open space unoccupied by a principal structure on a lot facing a street, extending across the full width of the front of a lot between the side lot lines and in front of the front-most corners of the principal structure, and including any unenclosed portion of a front porch, carport, portico, or other unenclosed structure located beyond the front face of the principal structure.

c.

Outside storage. The outside placement of an item for a period of more than 72 hours during a 12-month period.

d.

Rear yard. An open space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line, and behind the back-most corners of the building line of the principal structure.

e.

Right-of-way. That area of land designated by a plat or other document for public use, access, and travel, including that area between the property line and the curb or street edge.

f.

Setback. The distance between a structure and a property line, natural feature, road right-of-way, or other improvements.

g.

Side yard. An open space unoccupied by a principal structure, situated between the building and the sideline of the lot, and extending through from the front yard to the rear line of the lot, including any unenclosed portion of a side porch, carport, portico, or other unenclosed structure located beyond the side of the principal structure. Any lot line not a rear line or a front line shall be deemed a sideline.

h.

Vacant lot. Any lot, parcel, or tract which contains no structures.

2.

Prohibited outside storage. It shall be unlawful for any person to maintain, conduct, allow or permit any prohibited outside storage on any property located in this zoning district.

It shall be unlawful for any person to maintain, conduct, allow or permit any outside storage on any portion of a vacant lot in this zoning district.

It shall be unlawful for any person for a period of more than 72 hours during a 12-month period to maintain, conduct, allow or permit any outside storage within the front yard of any property located in this zoning district of the following items:

a.

Debris, rubbish, or trash as defined herein or in Chapter 55 Nuisances and Miscellaneous Provisions, Article III Trash, Rubbish, Weeds and Wild Growth and Other Offensive Conditions of this code.

b.

New, used, or discarded building materials.

c.

Batteries, used oil, automobile parts, engine parts, or scrap metal.

d.

Any tire, whether new or used, without wheels or other inserts.

e.

Supplies, materials, or other items associated with a home occupation or an off-premises business.

f.

Equipment, tools, supplies, materials, or other items not typically associated with residential use or activity.

g.

Furniture, including, but not limited to, couches, chairs, shelves, tables, dressers, or other related items, which furniture is designed or intended by the manufacturer for indoor use and constructed of polished wood or wood veneer, cloth, or any other material not specifically designed or intended for outdoor use.

h.

Appliances not designed for outdoor use, including, but not limited to, refrigerators, freezers, ovens, ranges, dishwashers, clothes washing machines or dryers, or other household or similar appliances primarily designed or intended for indoor use.

i.

Building fixtures not designed for outdoor use, including, but not limited to, bathtubs, commodes, sinks, hot water heaters, or other building fixtures primarily designed or intended for indoor use.

j.

Chemicals (including pool or spa chemicals), bagged or boxed fertilizer, pre-emergent, or other organic or synthetic substances used for landscaping purposes, including, but not limited to, bagged or bulk mulching materials and bagged or bulk topsoil. Spa and pool equipment designed for outdoor use but not installed, including, but not limited to, hot tubs, jacuzzies, swimming pools, or other similar equipment primarily designed or intended for outdoor use.

k.

Play equipment including, but not limited to, play structures, trampolines, pools, swing sets, slides, see-saws, exercise equipment, and other recreational equipment that is intended by the manufacturer to remain in a stationary location, on any portion of a lot other than entirely within the side yard or rear yard of the lot; however, basketball goals may be located in the front yard if placed in such location and in such manner that play does not take place in a public street, alley, or other right-of-way.

Exception: Tree, porch, and yard swings are permissible to be located within the front yard.

l.

Barbeque grills or other similar outdoor cooking equipment on any portion of a lot other than entirely within the side yard or rear yard of the lot.

m.

Tools, mobile, and/or mechanical equipment.

n.

Lawn maintenance equipment on any portion of a lot other than entirely within the rear or side yard of the lot.

o.

Motor vehicle parts and/or accessories including, but not limited to, engines, transmissions, electrical parts, suspension parts, vehicle body parts, batteries, tires, wheels, hubcaps, and other motor vehicle parts.

p.

Firewood on any portion of the front or side yard setback that is not screened from public view.

q.

Trash cans or containers may not be stored in any portion of a lot other than entirely within the rear or side yard.

r.

Wet, broken, or leaking barrels, casks, or boxes or broken, empty or otherwise discarded pallets.

s.

Any other item or material which is not designed or manufactured for outside use or storage to include shopping carts.

t.

Any other item or material permitted within this ordinance that has become in disrepair.

3.

The following items are exempted from the outside storage prohibition:

a.

Building materials that:

(A)

Are stored in a workmanlike manner as part of, and in conjunction with, an active building permit; and

(B)

Are being used for construction, repair, renovation, or remodel of a structure or building and are not stored outside for more than two weeks after the conclusion of construction or issuance of a certificate of occupancy.

b.

In the case of furniture, that such furniture is designed and constructed for outside use, and further, that such furniture is in good condition and is not deteriorated.

c.

Solid waste, garbage, trash, brush, and bulky waste:

(A)

Awaiting pickup by the city or other sanitation service.

(B)

In a container or bag as approved by the city.

(C)

Placed in an approved location no earlier than 24 hours preceding normal pickup and shall be retrieved no later than 24 hours after scheduled collection. At all times containers and bags shall be placed behind the front yard either in the side yard or rear yard of the property.

d.

Motor vehicles, watercraft, and trailers that are parked on an approved parking surface that have lawfully attached to it:

(A)

An unexpired license plate, registration, or certificate of number (TX Number); and

(B)

A valid motor vehicle inspection certificate; and

(C)

Is not wrecked, dismantled, or partially dismantled, inoperable for more than 72 consecutive hours if the vehicle is located on public property; or 30 consecutive days if the vehicle is on private property.

e.

Holiday decorations installation to include Christmas lighting.

D.

Animal control: No farm fowl or farm animals shall be kept on the premises.

E.

Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix. In addition, properties in the Old Seabrook district shall be given the following parking credits when applicable.

1.

For all existing buildings, either commercial or to be converted to commercial use:

a.

Less than one 1,500 sq. ft.; parking may be reduced 20 percent.

b.

Less than 2,000 sq. ft.; parking may be reduced ten percent.

c.

Two thousand or more square feet; parking may not be reduced.

2.

In no case shall there be fewer than two parking spaces provided.

3.

For each additional tenant in any building which is 2,000 square feet or greater, add one additional space to the requirements listed above.

4.

All buildings constructed or expanded after passage of this ordinance must meet parking requirements as stipulated in article 5.

5.

Medical facilities with or without beds shall not be eligible for the above credits, but shall maintain parking in accordance with article 5.

6.

Commercial vehicles of business shall be parked at other than mandatory parking spaces during business hours.

7.

All fractional parking space calculations shall be counted as a full space.

8.

Special exception to parking density, off-street parking and design and standards as listed in article 5 may be permitted on appeal to the board of adjustment without consideration to hardship.

F.

Landscaping: Shall be in accordance with article 5 of this ordinance.

G.

Reserved.

H.

Supplementary regulations:

1.

Lighting: Any light used for security or to illuminate the parking area shall be so arranged as to reflect away from any adjacent residential uses.

2.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

3.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers or travel trailers, may be used for on-site dwelling purposes.

4.

Eaves shall be permitted to encroach no more than 18 inches upon any setback.

(Ord. No. 93-19, arts. 2, 4, 5, 9-7-1993; Ord. No. 2004-15, § 2, 10-5-2004; Ord. No. 2006-16, § 2, 10-17-2006; Ord. No. 2009-19, § 8, 10-6-2009; Ord. No. 2019-12, § 2, 4-16-2019; Ord. No. 2024-05, § 6, 3-5-2024; Ord. No. 2024-06, § 12, 4-2-2024)

3.13.01. Description: The MH mobile home district is intended to serve as a residential zone that will meet the needs of persons living in mobile homes and manufactured housing. The primary use of land in the MH district is for mobile homes used as single-family dwellings, and other related religious, educational, and recreational facilities normally required for the provision of a balanced and attractive neighborhood. A maximum density of eight mobile home pads per acre is permitted. The MH district is intended to be separated and protected from the encroachment of land use activities that are incompatible with residential development. The regulatory provisions of this district are aimed at achieving the specific goals and objectives identified in parts 4.0 and 5.2 of the Comprehensive Master Plan 2030.

3.13.02. Uses permitted by right and conditional uses: Please see the comprehensive land use regulation matrix at the end of this article of the ordinance.

A.

Mobile homes-manufactured housing—Location: All mobile homes and manufactured housing shall be located in approved mobile home parks.

B.

Mobile home parks—Location: All approved mobile home parks shall be located in an MH mobile home—Manufactured housing district.

C.

Evidence of approval: Evidence of mobile home park approval shall consist of the display of the conditional use permit issued by the planning and zoning commission.

D.

Mandatory site plan review: Individuals requesting an amendment to the zoning map to achieve MH district status shall comply with the site plan review process as described in article 2 of this ordinance. The review process is mandatory.

E.

Operational permit required: It shall be unlawful for any person to establish or operate a mobile home park within the limits of the City of Seabrook unless that person possesses a valid operational permit issued by the director of administration [city manager]. The director of administration [city manager] shall be prohibited from issuing an operational permit unless the applicant provides evidence of compliance with this ordinance. An approved conditional use permit signed by the chairperson of the planning and zoning commission shall constitute such evidence.

3.13.03. Density: One mobile home per pad or one manufactured home per lot. No more than eight mobile homes are permitted per acre of land.

3.13.04. Area regulations:

A.

Front yard: All buildings shall be set back from the street right-of-way lines a minimum depth of 15 feet.

B.

Rear yard: A lot with a primary building located on it must have a rear yard of no less than ten feet.

C.

Side yard: Fifteen feet between primary structures. Corner lots shall have a side setback of not less than ten feet on the corner.

D.

Minimum lot size: For each single-family dwelling located on a pad, there shall be a lot area of not less than 4,000 square feet. For each single-family dwelling located on a lot of record, there shall be a lot area of not less than 7,500 square feet. Only one principal building shall be permitted on any lot.

E.

Lot width: Except in the case of those dwellings located on a cul-de-sac terminus, each pad shall have a minimum width of not less than 40 feet at the front building line. Except in the case of those dwellings located on a cul-de-sac terminus, each lot of record shall have a minimum width of not less than 50 feet at the front building line. Every lot shall abut on a street for a distance of not less than 20 feet.

F.

Lot depth: Each lot must have a minimum depth of not less than 100 feet.

3.13.05. Height regulations: No building or structure may exceed 40 feet in height.

3.13.06. Accessory structures: Accessory structures shall not occupy a required front or corner side yard or project beyond the front building line of the principal structure on a site. Accessory structures shall be set back at least five feet from interior side and rear property lines. A minimum distance of not less than five feet shall be maintained between the main structure and accessory buildings. Connecting breezeways shall not exceed eight feet in width at the eaves. Buildings shall be separated by an approved firestop in the roof and walls. The total floor area of accessory structures more than 30 inches in height shall not exceed 30 percent of the area of the required rear yard. No accessory structures or other obstructions including decks, pools, paving, landscaping structures or trees and fountains may be erected on any utility easement.

3.13.07. Buffering and screening: The developer of any single-family detached subdivision or mobile or manufactured home subdivision in this zone shall provide a screen fence or wall around the perimeter of the subdivision which shall be 100-percent impervious to sight and at least six feet in height, except that this fence or wall shall not be located in any waterfront setback. All sides of the wall or fence that are visible to the public shall be landscaped as specified in article 5. Conditional uses in this zone may be required to provide buffering and screening to other properties in the MH zone and to properties in other zones as a condition of the use.

3.13.08. Outside storage and display: All storage shall be inside an approved accessory structure or behind an approved screening or skirting device.

3.13.09. Animal control: No farm fowl or animals shall be kept within 100 feet of the property line; provided, however, that small domestic animals for school projects may be kept on the premises within 100 feet of the property line, if all terms and conditions of the school project exception as set out in the domestic animals ordinance are followed.

3.13.10. Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix.

3.13.11. Landscaping: Shall be in accordance with article 5 of this ordinance.

3.13.12. Foundations and anchoring: All structures and dwellings located in this district shall be on foundations or otherwise anchored to the site in accordance with specifications provided by the code enforcement officer.

3.13.13. Supplementary regulations:

A.

All mobile homes shall be skirted/screened from base of the unit to grade with a material approved by the building department.

B.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

C.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers or travel trailers may be used for on-site dwelling purposes.

D.

Eaves shall be permitted to encroach no more than 18 inches upon any setback.

(Ord. No. 93-19, art. 2, 9-7-1993; Ord. No. 2024-06, § 13, 4-2-2024)

3.14.01. Description: This district is intended to serve the needs of fabrication, assembling, warehousing and wholesaling businesses. Because of its proximity to residential environs, the land use activities and related operational characteristics of the district are regulated to a greater extent and rigid performance standards must be followed. The district is designed to accommodate land use activities that will meet the community goals and policies enumerated in Comprehensive Master Plan 2030.

3.14.02. Uses permitted by right and conditional uses: Please see the comprehensive land use regulation matrix at the end of this article of the ordinance.

A.

Inorganic and/or organic compounds prohibited: The manufacture, processing, distilling, refining, or storage of inorganic and/or organic compounds related to the chemical industry at the manufacturing location or site (this includes petrochemical and petroleum-based products, specialty chemicals, agricultural products, and pulp and paper products) other than those customarily found in normal day-to-day uses and applications (i.e., gasoline service station) is prohibited.

B.

Performance standards: All performance standards contained in article 8 of this ordinance shall be met.

C.

Plan review required: Individuals wishing to use a site in the LI district shall comply with the site plan review process as described in article 4 of this ordinance. The review process is mandatory.

D.

Sports and recreational arenas permitted by conditional use: Sports and recreational arenas, previously added by Ordinance No. 95-18 to the category of conditional uses permitted in a LI light industrial zoning district, are hereby defined as the following kinds of events:

1.

Festivals, celebrations, carnivals, fairs, or similar events that resemble celebrations as elaborate as a typical Texas County Fair with carnival or animal rides, musical presentations or festivals, booths for beer, refreshments, food, arts and crafts, with or without cookoffs, or as simple as a school or church spaghetti dinner. The event in question may be limited to the latter definition or may be such a defined event, supplemented by any of the events or activities itemized and permitted hereafter in this subparagraph D.

1A.

The use of a tract at 5707 Bayport Blvd., owned by the Cameron Foundation and leased to the Seabrook Association for the conduct and promotion of outdoor entertainment events and collateral booths and activities, including but not limited to, the annual Seabrook Music Festival with its booths, bands, food, refreshments, beer, crafts, and cookoffs is certainly included and is permitted without the necessity to reapply annually for a conditional use permit, so long as the celebration conducted does not violate the definitional limits of the kinds of events permitted herein, and so long as the promoters of the event comply with the following conditions:

(a)

Construction of the stage or open air areas that are usable for entertainment with amplified sound speakers shall be directed away from any adjoining residential areas.

(b)

Adequate law enforcement presence as required by the chief of police of Seabrook shall be provided at the cost of the promoter of the event.

(c)

As a condition precedent to the approval of the Seabrook Celebration for a self-renewable (annually) conditional use permit, for the Cameron Foundation or its lessee, the permittee shall provide an adequate water detention system or fire pond system in order to continuously have available adequate water for firefighting purposes, unless the fire marshal deems (in writing) the firefighting capabilities of the area to be adequate. Any owner of property where the activity permitted is to be perpetual shall not be required to reapply annually. Unless a perpetual conditional use permit is granted, such as the one granted to Tim and Debbie Dittman in Ordinance No. 95-34, or as granted herein to the Cameron Foundation and its lessee, the owners of the property [and/or] the promoters of any such event shall notify the City of Seabrook, in writing, of the location and duration of any such event if they expect to enjoy the suspension of animal regulations contained hereinafter.

2.

Cookoffs of all kinds, including, but not limited to, chili, gumbo or barbecue cookoffs.

3.

Horse shows (amateur and professional).

4.

Rodeos.

5.

Simulated haunted house entertainment.

6.

Hay rides.

7.

Any legitimate sporting events (amateur and professional).

8.

Wild west shows.

9.

Weddings.

10.

Performing arts of all kinds, including, but not limited to, dance, music, theater, storytelling, readings, as well as theatrical events based on a theme, time or period.

11.

Craft shows.

12.

Trade shows.

13.

Any activity that could validly and legally and would typically be conducted at a Texas County Fair, outdoor musical performance or music festival art fair. If special licensing is required for any activity at the event, that licensing shall be a pre-condition of any right to use.

14.

Only for the duration of a permitted event and only in the area designated as a "sports and recreational arena," any general regulation and/or prohibition of animals contained in this ordinance shall be temporarily suspended, and the presence of caged, restrained, leashed or bridled animals for exhibition or entertainment purposes shall be authorized during the event on the event grounds.

3.14.03. Density: One primary building per lot.

3.14.04. Area regulations:

A.

Front yard: All buildings shall be set back from the street right-of-way lines a minimum depth of 35 feet.

B.

Rear yard: A lot with a primary building located on it must have a rear yard of no less than 35 feet.

C.

Side yard: All buildings shall have side yard setbacks of not less than 25 feet.

D.

Lot size: Each lot area shall be not less than 12,000 square feet. Only one principal building shall be permitted on any lot.

E.

Lot width: Each lot shall have a minimum width of not less than 100 feet at the front building line. Every lot shall abut on a street for a distance of not less than 35 feet.

F.

Lot depth: Each lot must have a minimum depth of not less than 120 feet.

G.

Lot coverage: Primary and secondary buildings in combination shall not cover more than 50 percent of the lot area.

3.14.05. Height: No building or structure may exceed 80 feet in height. The height limitations specified in this subsection do not apply to church steeples, spires, belfries, cupolas, or other normal appurtenances usually required to be placed above the roof level and not intended for human occupancy.

3.14.06. Accessory structures: Accessory structures shall not occupy a required front or corner side yard or project beyond the front building line of the principal structure on a site. Accessory structures shall be set back at least five feet from interior side and rear property lines. The minimum distance between a main building on a parcel and an accessory building shall be ten feet. The minimum distance of two main buildings on the same parcel shall be 20 feet. (Accessory structures shall be set back in accordance with the terms of this section of the ordinance.) No accessory structure or other obstructions including decks, pools, paving, landscaping structures or trees and fountains may be erected on any utility easement.

3.14.07. Buffering and screening: Buffer yards shall be of such nature and density so as to screen activities, structures and uses on the property from view from the normal level of a first story window on an abutting lot and shall further provide a year-round effective visual screen. Buffer yards are measured from the property line towards the building line and are divided in two parts: (1) a landscaping or free space buffer beginning at the property line and; (2) a secondary buffer that may be used for driveways and loading, provided that parking shall not be permitted in any portion of the minimum required buffer yard. Any property containing a use in this zoning district which adjoins or abuts any property classified in any other zone shall provide the following:

A.

A side or rear setback as applicable that is as deep or wide as the minimum setback requirement in such adjoining or abutting zoning districts, or 100 feet, whichever is greater. The first 20 feet of the rear buffer yard (the portion of the yard beginning at the rear property line) shall be reserved for landscaping only. Existing tree cover shall be maintained in accordance with section 30-211 et seq. "Tree Protection and Preservation" of the City Code of Ordinances. Other landscaping and supplemental plantings to create an adequate buffer may be added in accordance with the city's ordinances. The remaining buffer yard may be used for driveways and loading. However, parking shall not be permitted in any portion of the minimum required buffer yard.

B.

A six-foot berm with landscaping and a masonry wall along the common property line which shall be 100 percent impervious to sight and at least eight feet in height. The wall shall consist of masonry/brick pilasters in order to provide an adequate buffer from the particular use. The required wall materials are to provide for ease of maintenance and longevity of the required buffer screen. All sides of the wall that are visible to the public shall be appropriately landscaped. Bare unfinished wall surfaces are specifically prohibited. A masonry wall(s) is not required for properties which are separated by a street from any of the above zones.

C.

Service and repair of autos and other vehicles shall not be located within 100 feet of any R-LD, R-1, R-2, R-3, or OS zone.

D.

A minimum setback of 20 feet from public streets and adjoining residential property shall be required for all surface parking lots.

E.

Rooftop or ground level mechanical equipment shall be totally screened from view by using either parapet walls at the same height of the mechanical units for rooftop mounts or by providing screening for ground mounted units.

F.

All exterior dumpster/garbage/waste containers or storage containers and dumpsters shall be placed no more than 15 feet from the primary building and shall be screened so that they are not visible from off the property. Each trash enclosure shall be constructed of masonry walls with a steel gate painted to be compatible with the color of the masonry walls and building it is to serve.

3.14.08. Outside storage and display:

A.

Outside display of merchandise is permitted except in any of the required parking areas or other restricted areas. No display shall be erected in a manner that obstructs the safe flow of pedestrian or vehicular traffic.

B.

Plants/flowers, boats, autos and other vehicles for sale or rent may be displayed at all times. All other merchandise may be displayed during business hours only.

C.

Temporary permits for outside display in parking areas or other private areas may be issued to a business by the building official. These temporary permits may be for a period of no more than 72 consecutive business hours and shall not be issued to any business more frequently than every 90 days.

D.

Outside storage shall be permitted only when incidental to the commercial use located on the same premises and provided that:

1.

The storage area may not extend beyond the front line of the building, unless granted by conditional use permit.

2.

The storage area may not be located in any of the required parking areas.

3.

All merchandise and equipment shall be stored behind a screen fence which shall be 80-percent impervious to sight and a minimum of eight feet in height. Boats, autos and other vehicles and plants are excluded from this requirement.

4.

Items shall not protrude above the height of the enclosed fence, walls or buildings. Boats, autos and other vehicles and plants only are excluded from this requirement.

3.14.09. Animal control: Farm fowl or farm animals may be kept in an LI zone, unless those farm fowl or farm animals present a health or safety hazard to the people of Seabrook, Texas, or unless the presence of the farm fowl or farm animal constitutes a nuisance due to filth, smell, noise or aggressive behavior of the fowl or animal.

3.14.10. Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix, found at the end of article 5.

3.14.11. Landscaping: Shall be in accordance with article 5 of this ordinance.

3.14.12. External architectural finishes: On any new or rebuilt structure located on a tract or lot abutting a street, road or highway, or abutting the waterways of Clear Creek or Clear Lake or Galveston Bay or Taylor Lake or any slough or body of water subject to the ebb and flow of tidal water from any one or more of those navigable waterways, the entire width and length and 66 percent (from grade or slab skyward) of the facade of the structure facing or visible from the street, road, highway or navigable waterway shall be constructed of one or more of the following materials:

A.

Architectural brick.

B.

Architectural block such as broken face or fluted or other decoratively patterned face block.

C.

Precast or cast-in-place concrete.

D.

Glass.

E.

Architectural metals such as aluminum and steel window frames, mullions, muntins, column covers and spandrels.

F.

Plaster and/or surface bonding cements and/or cementious field applied and/or premanufactured surfaces of like materials.

G.

Wood.

The following materials are deemed unacceptable unless concealed by permitted materials used as veneers: Metal or plastic surfaced curtain walls, whether loadbearing or not loadbearing.

3.14.13. Exterior materials: The exterior walls of all structures, other than accessory structures, shall consist of no less than 40-percent masonry or decorative concrete.

3.14.14. Supplementary regulations:

A.

Use of Red Bluff Road and Todville Road Prohibited: The regular use of Red Bluff Road and/or Todville Road for industrially related traffic shall be prohibited. Site design for land uses permitted within the LI zoning district shall incorporate provisions for avoiding the use of Red Bluff Road and Todville Road for site-related traffic.

B.

Lighting: Any light used for security or to illuminate the parking area shall be so arranged as to reflect away from any adjacent residential uses.

C.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

D.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers or travel trailers, may be used for on-site dwelling purposes.

E.

Eaves shall be permitted to encroach no more than 18 inches upon any setback.

(Ord. No. 93-19, arts. 2, 4, 9-7-1993; Ord. No. 95-18, art. 1, 10-17-1995; Ord. No. 96-20, § 1, 12-3-1996; Ord. No. 96-25, § 1, 3-18-1997; Ord. No. 97-02, § 1, 4-15-1997; Ord. No. 97-06, § I, 4-15-1997; Ord. No. 98-13, § 7, 8-4-1998; Ord. No. 2007-01, § 1, 3-20-2007; Ord. No. 2010-30, § 2, 12-7-2010; Ord. No. 2024-06, § 14, 4-2-2024)

TABLE 3-A

Uses Permitted by Right and Conditional Uses¹

X = Use by right.       C = Conditional use permit required.       PUD = Planned unit development.       * = Active sales office required.

¹  A property is prohibited from having an accessory use/structure without the presence of a principal use/structure.

²  Please reference Seabrook Code of Ordinances, Appendix A, Comprehensive Zoning, Section 4.15. The Point Overlay District Regulations, 4.15.04. Uses.

³  Please reference Seabrook Code of Ordinances, Appendix A, Comprehensive Zoning, Section 4.16. Seabrook Town Center Overlay District Regulations, 4.16.04. Uses.

(Ord. No. 94-02, § 2, 2-1-1994; Ord. No. 94-03, § 2, 2-1-1994; Ord. No. 94-26, § 1, 9-20-1994; Ord. No. 94-44, § 1, 1-17-1995; Ord. No. 95-18, art. 1, 10-17-1995; Ord. No. 97-18, § 1, 11-4-1997; Ord. No. 98-25, § 1, 11-3-1998; Ord. No. 98-27, § 1, 11-3-1998; Ord. No. 2001-20, § 3, 9-18-2001; Ord. No. 2001-16, § 2, 7-3-2001; Ord. No. 2003-06, § 2, 7-1-2003; Ord. No. 2005-17, § 2, 8-2-2005; Ord. No. 2006-16, § 3, 10-17-2006; Ord. No. 2007-11, § 4, 7-17-2007; Ord. No. 2008-14, § 2, 11-4-2008; Ord. No. 2009-14, 7-21-2009; Ord. No. 2009-17, 8-18-2009; Ord. No. 2010-03, § 2(att. A), 4-6-2010; Ord. No. 2011-14, § 2(Exh. A), 10-4-2011; Ord. No. 2012-01, § 2(Att. A), 1-17-2012; Ord. No. 2012-04, § 2(Att. A), 2-21-2012; Ord. No. 2012-14, § 2(Att. A), 9-4-2012; Ord. No. 2012-15, § 2(Att. A), 9-4-2012; Ord. No. 2012-23, § 2, 1-8-2013; Ord. No. 2014-19, § 2(Exh. A), 9-2-2014; Ord. No. 2015-04, § 2(Exh. A), 3-17-2015; Ord. No. 2016-16, § 3(Att. B), 7-5-2016; Ord. No. 2018-29, § 2, 11-6-2018; Ord. No. 2019-02, § 4(Exh. B), 2-5-2019; Ord. No. 2019-03, § 4(Exh. B), 2-5-2019; Ord. No. 2019-20, § 2(Att. A), 11-19-2019; Ord. No. 2020-02, § 2(Att. A), 1-21-2020; Ord. No. 2021-06, § 2(Exh. A), 4-6-2021; Ord. No. 2021-07, § 2(Exh. A), 4-6-2021; Ord. No. 2022-01, § 3, 1-4-2022; Ord. No. 2022-07A, § 2, 4-5-2022; Ord. No. 2023-07, § 2, 4-18-2023; Ord. No. 2023-16, § 3, 8-15-2023; Ord. No. 2024-29, § 3, 12-3-2024; Ord. No. 2024-30, § 3, 12-3-2024; Ord. No. 2024-32, § 3, 12-3-2024)

3.16.01. Description: The SH 146 Main commercial district (146-M) is intended to promote an attractive mix of retail, commercial services, and restaurants. The district elements shall exhibit an overall desirable sustainable appearance with enduring quality.

3.16.02. Uses: Uses permitted by right and by conditional use shall be governed by section 3.17, "Comprehensive land use regulation matrix" 146-M district.

3.16.03. Area regulations:

A.

Front yard: All buildings shall be set back from the street right-of-way lines a minimum depth of 30 feet.

B.

Rear yard: A lot with a primary building located on it shall have a rear yard of not less than ten feet.

C.

Side yard: All buildings shall have side yard setbacks of not less than ten feet. However, for buildings located on corner lots, there shall be a side yard setback from the street of not less than 15 feet.

D.

Lot size: A minimum site of 20,000 square feet in area shall be required.

E.

Lot width: Each lot shall have a minimum width of not less than 80 feet at the front building line.

F.

Lot depth: Each lot shall have a minimum depth of not less than 125 feet.

3.16.04. Building height: No building or structure shall have a finished floor whose elevation exceeds 74 feet 11 inches above base flood elevation. Structures exceeding 50 feet in height above base flood elevation shall require a conditional use permit. This elevation limitation shall not include church steeples, spires, belfries, cupolas, or other normal appurtenances placed above the roof level and not intended for human occupancy, as approved by the building official.

3.16.05. Outside storage: Outside storage shall be screened from view from all public streets with the use of screening walls, landscaping, or berms.

3.16.06. Sidewalks: The pedestrian paving will be constructed either within appropriate public street rights-of-way and/or within the landscape setbacks. All walks must be constructed in a consistent workmanlike manner.

A.

Minimum construction requires sidewalks to be four inches thick with #3 reinforcement at 18 inches on center both ways. Public sidewalks located within the city or county right-of-way shall be a minimum of five feet wide. No cold joints are permitted. Complete pours between expansion joints are required. Drill dowels into existing concrete curbs and driveways and use expansion joints with slip dowels at connections of existing and new concrete. Dowels are to be stubbed out where sidewalk is to be continued in the future.

B.

Sidewalk elevations shall match with the existing manhole and valve box elevations. If adjustments of the height are required, owner shall notify the Seabrook Public Works Department at least 24 hours prior to sidewalk construction. If adjustments must be made, the owner-builder/site developer will be responsible for such adjustments. Handicap ramps are required at every street and other locations required by Americans with Disabilities Act of 1990 (ADA) as amended.

3.16.07. Accessory structures: Accessory structures shall not occupy a required front or corner side yard, or project beyond the front building line of the principal structure on a site. Accessory structures shall be set back at least ten feet from interior side and rear property lines. A minimum distance of not less than ten feet shall be maintained between the main structure and accessory buildings. The minimum distance between two main buildings on the same parcel shall be 20 feet. The total floor area of accessory structures more than 30 inches in height shall not exceed 40 percent of the area of any required yard. No accessory structures or other obstructions may be erected on any easement.

3.16.08. Buffering and screening:

A.

Rooftop or ground level mechanical equipment shall be totally screened from view by using either parapet walls at the same height of the mechanical units for rooftop mounts or by providing screening for ground mounted units.

B.

Exterior dumpster/garbage/waste containers shall be placed a minimum of ten feet from any side or rear property line. Containers shall not project beyond the front building line of the principal structure. Containers shall be fully screened so not to be visible from off the property. Each trash container enclosure shall be constructed of impervious materials with a gate.

C.

Loading docks are prohibited between the street right-of-way and any building facade fronting a street right-of-way. Loading docks shall be situated toward the rear of structures. Loading docks may not be used for any type of long-term storage. Any vehicle, trailer or material left standing in a loading dock for more than a 24-hour period shall be deemed a violation of this ordinance.

D.

Any property containing a use in this zoning district which adjoins or abuts any property classified in the R-LD, R-1, or R-2 zones shall be required to provide a minimum landscaped buffer yard of 50 feet from the adjoining/abutting property line. The landscape buffer shall contain the following standards; pervious landscaped area, no drives or parking, no commercial or retail use, irrigated and maintained by the owner thereof in good order, appropriately trimmed and clear of trash/ debris. Architecturally finished masonry wall with a minimum height of eight feet shall be provided along the common property line. Trees no shorter than eight feet tall and in a quantity of no less than one tree per 40 feet of boundary wall shall be planted, maintained, and replaced as required.

3.16.09. Parking: Parking shall be in accordance with article 5 of this ordinance. Please see the comprehensive off-street parking regulation matrix.

3.16.10. Signage: Signage shall be in accordance with article 6 of this ordinance.

3.16.11. Landscaping: Landscaping shall be in accordance with article 7 of this ordinance.

3.16.12. Supplementary regulations:

A.

No temporary structures, including tents, lean-tos, recreational vehicles, construction trailers, or travel trailers may be used for on-site dwelling purposes.

B.

Temporary structures for uses incidental to construction work on the premises which are removed upon completion or abandonment of construction work are allowed upon permit from the building official.

C.

Utilities, including, but not limited to, electrical lines, gas lines, telephone lines, and cable television lines, shall be installed underground unless otherwise approved by city council.

D.

No trailer or semitrailer may be used for the storage of retail or wholesale merchandise on any property in this district for a period exceeding 72 hours.

E.

No trailer, motor vehicle, semitrailer or shipping container may be used for the display, vending or retailing of any merchandise at any time.

F.

Outside display of merchandise is permitted except in any of the required parking areas or other restricted areas. No display shall be erected in a manner that obstructs the safe flow of pedestrian or vehicular traffic.

(Ord. No. 2019-03, § 2, 2-5-2019; Ord. No. 2019-22, § 2, 11-19-2019; Ord. No. 2024-06, § 16, 4-2-2024)