(a)

For the purposes of this chapter, the following words and terms as used herein are defined. Words used in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular; the word "building" includes the word "structure", the word "lot" includes the word "plot"; the word "shall" is mandatory and not discretionary.

(1)

Accessory means a subordinate use of a building customarily incident to and located on the lot supplied by the main use or building.

(2)

Accessory building means any structure other than the primary house or either the primary or secondary garage on a piece of property. Accessory buildings include storage sheds, utility buildings, pool houses, and decorative structures such as gazebos and green houses.

(3)

Building area means the maximum horizontal projected area of the building at or above grade or for more than one floor level, the total projected area of all floors, exclusive of the floor area of attached garages, basements, or attics not used for residence purposes, and open or screened porches, and terraces, steps, pools, walks, drives, and parking area.

(4)

Carport or porte-cochere means a structure with a roof attached to the primary house or the primary garage and with at least two open sides used for parking motorized vehicles on the premises where such structure is located. Motorized vehicles, include, but are not limited to, automobiles, boats, jet skis, tractors, and recreational vehicles.

(5)

Corner lot means a lot situated at the junction of two or more streets.

(6)

Customary home occupations means an occupation, not involving the conduct of a business, customarily carried on in a single-family dwelling as an incidental but not the principal use thereof by a member of the occupant's family residing on the premises, without the help of any assistant or employee, without structural alterations in the building or any of its rooms, without the installation of any machinery or equipment other than that customary to normal household operations, without the use of any signs, display or advertisements of the occupation or the telephone number of the same, the person conducting the same, or of the occupant, and which occupation does not cause the generation of any traffic in the street nor involve the storage or display of any merchandise or commodity, and which occupation does not include: beauty schools, parlors or shops, doctor's or dentist offices for the treatment of patients, barbershops, carpenters shops, electrician's shops, shoe shops, plumbers shops, radio shops, tinner's shops, auto repairing, auto painting, boat repairing, furniture repairing, sign painting or real estate offices, but not limited to, those so enumerated, and which occupations are not detrimental or injurious to adjoining property, and which occupation does not involve the conduct of a school, the exceptions being in district "G" and with home-schooling, and which occupation does not include the keeping, stabling, pasturing, boarding or caring for the horses, cattle, dogs, cats, fowl or other animals of persons other than the occupants of the main building.

(7)

Depth of lot means the mean horizontal distance between the front and rear lot lines.

(8)

District means a portion of the City of Shoreacres for which the regulations governing the area, type, construction, height, or use of the buildings and land are uniform.

(9)

Driveway means a way or place in private ownership and used for vehicular travel by the owner and those having access or implied permission from the owner but not by other persons.

(10)

Expansion joint means a space between sections of a driveway constructed for the purpose of allowing for expansion to prevent the bucking and cracking of the driveway.

(11)

Easement means a reserved area for placement of water, sewer, gas, and other utility lines.

(12)

Family means any number of individuals related by blood, adoption, or marriage, together with their domestic servants and not more than two lodgers, all living together as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, club fraternity, sorority, motel, apartment, duplex, or hotel.

(13)

Front structure line means the forward most point at which the structure meets a line across the width of the lot parallel to the front lot line.

(14)

Front yard means the front portion of each lot or lots from the front building line to the front line of the lot or lots.

(15)

Garage means a fully enclosed structure, with doors, that can be used to shelter motorized vehicles, including, but not limited to, automobiles, boat trailers, jet skis, tractors, and recreational vehicles.

(16)

Height means the vertical distance from the minimum base flood elevation allowed for construction to the highest point of any structure including chimneys, tanks, water towers, radio towers, ornamental cupolas, domes or spires and parapet walls.

(17)

Lot means land occupied or intended to be occupied by a building and its accessory buildings, including such open spaces as are required under this chapter and having its principal frontage upon a public street or officially approved place.

(18)

Lot line means the lines bounding a lot as defined herein.

(19)

Masonry means exterior surfaces of the outside walls of a structure which is constructed of brick veneer, solid brick, hollow tile, stone, concrete, marble, glass or a combination of any of these materials.

(20)

Motor vehicle means a self-propelled vehicle designed for use on a highway, a trailer or semi trailer designed for use with a self-propelled vehicle, or a vehicle propelled by electric power from overhead wires and not operated on rails.

(21)

Nonconforming use means a building or premises occupied by a use that does not conform to the regulations of the district in which it is situated.

(22)

Open space means any unoccupied space on the lot that is open and unobstructed to the sky and occupied by no building whatsoever.

(23)

Rear structure line means the rear most point at which the structure meets a line across the width of the lot parallel to the back lot line.

(24)

Rear yard means the rear portion of each lot between the main building and the rear lot line.

(25)

Shipping container/storage container means a portable compartment for the repeated carriage of cargo in bulk or package form that has the following characteristics:

(a)

Of a permanent character and accordingly strong enough for repeated use;

(b)

Specially designed to facilitate the carriage of goods by one or more modes of transport without intermediate reloading;

(c)

Fitted with devices permitting its ready handling particularly its transfer from one mode of transport to another;

(d)

So designed as to be easy to fill and empty, and any enclosure, device, box, container, or anything similar in nature or use to the above.

The term shipping or storage container includes all types involved in the maritime, railroad, and trucking industries including but not limited to flat racks, ventilated, half-height, tank, reefers, open-top, canvas top, high cube bulk, and similar named containers. The term applies to new, used, certified, documented, licensed, repaired or surplus containers constructed of any material. If a container ever met the above definition, it is still considered a shipping container or storage. Once a container - always a container.

(26)

Side yard means an open, unoccupied space on the same lot with a building extending between the building and the side line of the lot and extending through from the street or from the front yard or to the rear line of the lot. Any lot line not a rear lot line or a front line shall be deemed a side line.

(27)

Single-family dwelling means a detached building having accommodations for and occupied by only one family.

(28)

Story means that portion of a building included between the surface of any floor or foundation slab and the surface of the floor next above it or if there is no floor above, then the space between such floor and the ceiling next above it.

(29)

Street means a public thoroughfare.

(30)

Structural alterations means any alteration of stressed members of a building and including movement or structural alteration of door and window openings and substantial changes of exterior appearance.

(31)

Temporary building means a building or premises occupied for a specific temporary purpose.

(32)

Width of side yard means the mean horizontal distance between a side wall of a building and the side line of the lot.

(Ord. No. 2002-16, § 2, 6-24-2002; Ord. No. 2002-17, § 1, 7-24-2002; Ord. No. 2008-09, 5-26-2008; Ord. No. 2009-50, 9-14-2009)

Cross reference— Definitions generally, § 1-2.

(1)

The city council may, from time to time, amend, supplement or change, by ordinance, the boundaries of the districts or the regulations herein established.

(2)

Before taking action on any proposed amendment, supplement, or changes, the city council shall submit the same to the zoning commission for its recommendation and report.

(3)

A public hearing shall be held by the city council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication one time in the official newspaper of the city or a newspaper of general circulation in the city and, in addition, the city council shall mail written notices of such hearing to the person or owner petitioning for such amendment, supplement, or change, if any, and all owners of property affected lying within 300 feet of any point of any lot or portion thereof which would be affected by such proposed amendment, supplement, or change. Such owners and persons shall be determined according to the last approved city tax roll, if any, and if there be no such tax roll such owners and persons shall be determined according to the last approved La Porte Independent School District tax roll. The publication herein referred to and the mailing of notices shall be done and made at least ten days prior to the date set for the hearing (according to the Local Government Code.)

(4)

Unless such proposed amendment, supplement, or change has been approved by the zoning commission, or if a protest against such proposed amendment, supplement, or change has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more either of the area of the lots included in such proposed change or those immediately adjacent or within 300 feet therefrom, such amendment shall become effective except upon two-thirds vote of the city council.

(Ord. No. 2002-16, § 18, 6-24-2002)

All territory annexed to the City of Shoreacres, Texas, hereafter shall be classified as an "A" district for single-family dwellings until permanently zoned by the governing body of the City of Shoreacres. The zoning commission shall, as soon as practical, after annexation of any territory to the City of Shoreacres, institute proceedings on its own motion to give the newly annexed territory a permanent zoning classification and the procedure to be followed shall be the same as provided by law for adoption of original zoning regulation.

(Ord. No. 2002-16, § 10, 6-24-2002)

(1)

Any use of property existing at the time of the passage of Ordinance No. 21, on March 30, 1955, that does not conform to the regulations prescribed in the preceding sections of this chapter shall be deemed a nonconforming use.

(2)

The lawful use of land existing at the time of the passage of said Ordinance No. 21, although such does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this section.

(3)

A building occupied by a nonconforming use destroyed by fire, the elements, or any other occurrence may not be reconstructed or rebuilt except to conform with the provisions of this section.

(4)

The lawful use of any building at the time of the passage of said Ordinance No. 21 may be continued, although such does not conform to the provisions hereof and such use may be extended throughout the building, provided no structural alterations, except those required by law or by ordinance, are made therein.

(5)

Nothing in this section shall be construed to prevent routine maintenance, repair and upkeep of existing buildings, structures, and improvements in the City of Shoreacres.

(Ord. No. 2002-16, § 11, 6-24-2002)

Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of this section and which entire building shall be complete within one year from the date of the passage of this section. Nothing herein contained shall require any change of plan, construction or designated use of a building for which a building permit had been heretofore issued and which entire building shall be completed within 12 months from the date of the passage of this section. If any amendment to this chapter is hereafter adopted changing the boundaries of districts, the provisions of this section with regard to buildings, or premises existing, or buildings under construction, or building permits issued at the time of the passage of this section, shall apply to buildings or premises existing, or buildings under construction, or building permits issued in the area affected by such amendment at the time of the passage of such amendment.

(Ord. No. 2002-16, § 12, 6-24-2002)

(a)

It is not the intent of this chapter to interfere with or annul any easement, contract or covenant between parties provided that:

(1)

Wherever the regulations of this chapter require an equal or greater width or size of yard or other open spaces or require an equal or lower height of building or an equal or less number of stories, or require an equal or greater percentage of the lot to be left unoccupied, or impose other equal or higher standards than are required in any other easement, contract, or covenant, the provisions of this chapter shall govern.

(2)

Wherever the provisions of any other easements, contract or covenant requires a greater width of yard or other open spaces, or requires a lower height of building or a less number of stories or requires a greater percentage of lot to be left unoccupied or imposes other higher standards than are required by this chapter, the provisions of such easement, contract or covenant shall govern.

(b)

Nothing contained in this section shall have the effect of making lawful any use now prohibited by law.

(Ord. No. 2002-16, § 20, 6-24-2002)

Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall build or alter any buildings in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be subject to a fine of not more then $200.00 and each day such violations shall be permitted to continue shall constitute a separate offense. The owner or owners of any building or premises or any part thereof, where anything in violation of this chapter shall be placed or shall exist, any architect, builder, contractor, agent, person, or corporation, employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof shall be fined, as provided above, provided, however, that any vendor or mortgagee who forecloses or otherwise regains possession of such property upon which anything in violation of this chapter has been placed or exists, during such period of time as such vendor or mortgagee has been out of possession, shall have ten days from the date that he regains possession of such property in which to remove the violation, after which time he shall be deemed guilty of a separate offense and upon conviction shall be fined as provided above.

(Ord. No. 2002-16, § 17, 6-24-2002)