Uses not listed in the chapter are not permitted anywhere in the City of Shoreacres. Any applicant wishing to add a use shall follow the proper zoning change procedures listed elsewhere in this chapter under "New and unlisted uses", including the passage of an amending ordinance after proper notification to the public.

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

(1)

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

(Ord. No. 2002-17, § 3, 7-24-2002)

On every lot, the main building shall be erected to face the street on which is located the shortest lot lines, and no such main building shall be constructed to face the side street along the long side of the lot.

(Ord. No. 2002-16, § 7, 6-24-2002)

(1)

No lot in any district shall have less than 60 feet minimum frontage for a single-family dwelling.

(2)

No lot area shall be so reduced or diminished smaller than shown on the zoning map, unless otherwise provided by law, or by issuance of a variance granted by the board of adjustments commission, or as provided for in subsection (4).

(3)

It shall be unlawful to reduce or diminish the area of a lot or plat of which a plot plan has been filed or has been used as the basis of a permit, unless a revised plot plan showing the proposed changes in conditions shall have been filed and approved, provided that this shall not apply when the lot is reduced by reason of an approved public improvement.

(4)

Territory which has not been subdivided as of the date of this amended section shall, when subdivided, have not less than 100 feet minimum frontage per lot and have area not less than 12,000 square feet per lot.

(5)

Five feet along one or more sides of each lot shall be reserved for an easement for water, sewer, gas, and other utility lines. Any fencing or other obstruction shall be opened or removed by the property owners to permit access.

(Ord. No. 2002-16, § 8, 6-24-2002)

(1)

In districts A, B, B-1, C, and E there shall be a front yard having a depth of not less than 30 feet from the property line to the front of the building on each lot outside of or in front of which no structures whatsoever will be permitted except sidewalks, driveway, and steps.

(2)

Any wall, hedge, shrubbery, etc., higher than a base line extending from a point two and one-half feet above walk grade at the depth of the front yard required is hereby declared to be an obstruction to view, except single trees, having single trunks.

(3)

In any district where a building is erected or structurally altered for dwelling purposes, there shall be two side yards, one on each side of the main building, having a combined width of not less than 20 percent of the lot. There shall be a combined clearance of not less than 15 feet from the side lot lines and in no case less than five feet from either side lot line or rear lot line, provided, further, that there shall not be less than 15 feet from the nearest building on either side.

(4)

On corner lots, the side yard regulation shall be the same as for interior lots except in the case of side street or reverse frontage (where the corner lot faces an intersecting street), in which case there shall also be a side yard on the street equal to the front yard on the lots in the rear of such corner lot. No accessory building on such corner lot shall project beyond the front yard line of the lots in the rear thereof. This regulation shall not be interpreted as to reduce the buildable width of a corner lot facing an intersecting street, and of record at the time of the passing of Ordinance No. 2002-16 to less than 28 feet, nor to prohibit the erection of an accessory building where the regulation cannot reasonably be complied with.

(Ord. No. 2002-16, § 9, 6-24-2002)

(a)

No fence shall be erected on a public right-of-way, public park, or beyond any lot line.

(b)

Fences abutting on a street right-of-way, public park, or public waterway shall be constructed so that all supporting members, including posts and horizontal runners, shall not face the street. This provision shall apply to fences erected on any lot line including front, side and back.

(c)

Hurricane, chain link, and other similar wire-type fencing are prohibited within the front portion of a lot.

(d)

Fences in the front portion of a lot shall be no more than 25 percent opaque.

(e)

In this section:

(1)

Front portion means the area of a lot extending to the front line from the line between each side lot line front limit, including the sides.

(2)

Front limit means the point along a side lot line that intersects the front structure line. When there are structures on both sides of a side lot line the front structure line nearest the front line of the lot establishes the front limit. In no case shall the front limit be closer to the front lot line than the front building line.

(f)

This section does not apply to institutional security fences, fences owned by any governmental entity or fences specifically required or allowed by this Code.

(Ord. No. 84-10, § 1, 6-4-1984; Ord. No. 2003-05A, § 1, 2-10-2003; Ord. No. 2009-51, 9-14-2009)

No fences shall be erected on vacant lots.

(Ord. No. 84-10, § 2, 6-4-1984; Ord. No. 2003-05A, § 2, 2-10-2003; Ord. No. 2009-51, 9-14-2009)

No fence in zoning districts A, B, B-1, C, or E shall be more than eight feet in height, except a wooden fence which may have up to a six-inch rot board along the bottom. Fences shall be constructed only of wood, masonry wrought iron, chain link, steel, brick, concrete, vinyl, PVC or combination thereof, unless otherwise approved by the board of adjustments.

(Ord. No. 84-10, § 3, 6-4-1984; Ord. No. 2003-05A, § 3, 2-10-2003; Ord. No. 2009-51, 9-14-2009)

(a)

Except as provided herein, it shall be unlawful for any person owning or controlling any property in the city to construct, maintain, or permit to remain on such property any fence charged with electricity, or to cause any fence to become charged with a current of electricity, to connect any such fence with a source of electricity or to permit any fence under the control of such person to be connected with a source of electricity.

(b)

The use of electric fences shall be allowed on the premises of any single-family dwelling only for the purpose of erecting an enclosure to restrain the movement of dogs. All electric fence equipment so utilized shall be a UL-approved product and installed and maintained in accordance with the manufacturer's instructions. The owner and/or controller of the premises shall be responsible for:

(1)

Obtaining a building permit prior to installation of the electric fence;

(2)

Installing and maintaining signage that identifies the fence as an "electric fence";

(3)

Installing and maintaining the electrified elements of the fence so as to be protected from accidental contact by any person on property abutting the premises where such fence is installed; and

(4)

Scheduling a city inspection to confirm the product is tested/approved and installed in accordance with manufacturer's instructions.

(c)

In any prosecution under this section, testimony that any fence was under the control of the defendant or situated on his premises and that any person received an electric shock by coming in contact with such fence, shall be prima facie evidence that such defendant caused such fence to be charged with a current of electricity and caused and permitted such fence to be connected with a source of electricity.

(Ord. No. 2009-51, 9-14-2009)

Should any existing fence be damaged as must as 50 percent of nonconforming linear footage or 50 percent of the total linear footage and need replacing, it shall be replaced in accordance with this division and shall require a new building permit.

(Ord. No. 84-10, § 5, 6-4-1984; Ord. No. 2003-05A, § 4, 2-10-2003; Ord. No. 2009-51, 9-14-2009)

(a)

No barbed-wire fencing shall be used within the city except on government owned property or when required by law. Barbed-wire fencing may only be used atop a chain link fence not less than six feet in height. The barbed wire fencing may not extend more than one foot above the chain link fence.

(b)

Walls, fences, or similar structures shall not contain any substances such as broken glass, spikes, nails, or similar materials designed to inflict pain or injury to any person or animal.

(Ord. No. 81-25, §§ 1—3, 12-14-1981; Ord. No. 2003-05A, § 5, 2-10-2003; Ord. No. 2009-51, 9-14-2009)

The construction of a fence requires the issuance of a permit approved by the building official of the city.

(Ord. No. 2003-05A, § 6, 2-10-2003)

This section pertains only to zoning district E, also known as Bayou Oaks. All lots abutting West Country Club Drive south of Shoreacres Blvd. shall have a six-foot-high privacy fence constructed of either cedar or brick or a combination of both, which shall border West Country Club Drive. All other fencing in the district shall not be higher than six feet and shall be cedar, masonry, wrought iron, or any combination. Fences abutting water shall be made of wrought iron, with pickets no closer than three inches. Any hedges shall not be higher than six feet.

(Ord. No. 2003-05A, § 7, 2-10-2003)

This section pertains only to zoning district B-1, also known as Bayou Forest. No hedge or fence shall be higher than six feet.

All fences and walls may be of cedar, masonry, wrought iron or any combination thereof. All solid fence, walls, or hedge must stop at 16-foot utility easement line nearest the house on all lots in Block A and Block B (except lots, 1, 4 and 5 of Block B and Block C). Any fence that continues across the utility easement to the back of the lot or waters edge must be wrought iron, with pickets no closer than three inches. Any rear fence that encloses the back yard past

the 16-foot utility easement line nearest the house must also be wrought iron. Block D fences may be the same materials described above and may be solid or wrought iron to the back of the lot.

(Ord. No. 2003-05A, § 8, 2-10-2003)

This section pertains only to zoning district D. The Houston Yacht Club shall be required to build a fence no less than eight feet high along the northern and western boundaries of district D. If the Houston Yacht Club decides to use district F, they shall construct a fence no less than eight feet high along the northern and western boundaries of district F. The Houston Yacht Club may then remove the fence along the western boundaries of district D.

(Ord. No. 2003-05A, § 9, 2-10-2003)

Violation of this ordinance shall be punishable as a misdemeanor by a fine not less than $25.00 or no more than $200.00, with each day of offense constituting a separate offense.

(Ord. No. 2003-05A, § 10, 2-10-2003)

No signs shall be permitted except the following:

(1)

Temporary signs.

a.

Only one, unilluminated "For Sale", "For Rent" or "For Lease" sign advertising the property on which the sign is erected. No such sign shall exceed six square feet in area, nor be placed within 20 feet of the edge of the finished street, or within ten feet of the adjoining property line, nor extend more than five feet above the general ground level.

b.

Only one unilluminated combination building contractors, architects, and subcontractors signs may be maintained on the building site during construction only. No such sign or combination of signs shall exceed 16 square feet in area, nor be placed within 20 feet of the edge of the finished street or within ten [feet] of the adjoining property line, nor extend more than five feet above the general ground level.

c.

Garage sale signs may be posted the day of a garage sale but must be removed within 24 hours after the garage sale.

(2)

Permanent non-personal signs. The board of adjustment may at its discretion upon written application, after due notice and hearing to all property owners within 300 feet, when reasonably necessary and compliance with the following requirements is shown, grant written permission to maintain permanent signs under the following conditions:

a.

Outdoor sign. Only one sign having a total area of no more than nine square feet may be erected on any one lot, unless the lot is located at a corner, in which event no more than two signs, each of no more than nine square feet, may be erected. No more than one sign may face any one street. The sign must be in good taste, be of subdued design and color, not interfere with traffic visibility and not constitute a traffic hazard. The owner must agree in writing to maintain the sign(s), in good condition.

b.

Window display. Only one window display or sign having a total area of no more than two square feet is permitted in a building, and this sign or window display must be in good taste and of subdued design and color.

(3)

Personal signs.

a.

Outdoor sign. Only one sign having a total area of not more than six square feet may be erected on any one lot. The sign must be in good taste, be of subdued design and color, not interfere with traffic visibility, and not constitute a traffic hazard. Signs shall not include the name or logo of any business and must be placed within five feet of the front building line of the house. No such sign shall be placed within 20 feet of the edge of the finished street or within ten feet of the adjoining property line nor extend more than five feet above the general ground level.

b.

Window display. Only one window display or sign having a total area of no more than two square feet is permitted on the side of a house facing the street, and in the case of a house on a corner lot, two signs each having a total area of no more than two square feet is permitted on each side of the house facing a street. The sign must be in good taste and be subdued design and color.

(4)

Houston Yacht Club directional signs. The two Houston Yacht Club directional signs in existence as of March 1, 2002—one at the corner of Shoreacres Boulevard and Sunrise and one at the corner of Sunrise and Baywood—may remain at the discretion of the City of Shoreacres.

(5)

Nothing in this section shall be construed to apply to traffic or governmental signs.

(Ord. No. 73, § 13, 3-28-1966; Ord. No. 2002-16, § 13, 6-24-2002)