(A)

Front, side and rear yard fences, walls, etc.

(1)

Any fence, wall, or other structure higher than thirty inches (30") above walk grade and located within any front yard setback is hereby declared to be an obstruction; except that a fence, wall, or other structure higher than 30" may be erected within any front yard setback provided that it is not higher than six (6) feet in height as measured from walk grade, does not obstruct the right-of-way, and that the portion located above 30" has a 2 open : 1 obstructed ratio that can be seen through.

(2)

On any lot on which a side or rear yard is required by this Chapter, no wall or fence shall be erected that exceeds seven (7) feet above grade. The facing and backing of solid or hollow masonry walls shall have the grouting "finished" in accordance with good construction practice. Surface improvements such as the application of stucco, surewall, or paint, etc. shall appear on both sides and top of the masonry wall.

(B)

Drilling prohibited within 1,000 feet of structure. It shall be unlawful for any person, corporation or other legal entity to conduct any type of drilling operations within the City for the exploration and/or recovery of oil or gas or other minerals within one thousand (1,000) feet of any type or kind of building or structure that is at any time habitated or used by people.

(C)

Recreational Vehicles/Mobile Equipment:

(1)

Recreational Vehicles—Definitions:

(a)

Motor Homes. A qualifying vehicle is a self-propelled completely self-contained vehicle which contains some or all of the conveniences of a home including cooking, sleeping, and/or permanent sanitary facilities, and in which the driver's seat is accessible in a walking position from the living quarters, and designed for temporary recreation, camping, or travel use.

(b)

Travel Trailers, Camping Trailers, and Fifth Wheel Trailers. Vehicles designed as living quarters for temporary recreation, camping, or travel use, which do not have their own motor power, but are designed to be drawn by another vehicle.

(c)

Truck Camper. Any unit primarily designed as temporary living quarters for recreation, camping, or travel use, which is capable of being occupied and designed to be temporarily attached to the bed or frame of a truck.

(d)

Mobile or Manufactured Home. A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code, and so designed and constructed as to permit its transport on wheels, temporarily or permanently attached to its own chassis, from the place of its manufacture to the location of which it is intended to be occupied, connected to utilities, for year-round occupancy, as a permanent dwelling unit. A mobile or manufactured home shall not be considered a recreational vehicle.

(2)

Regulations for Recreational Vehicles within the City of South Padre Island, Texas.

(a)

Recreational Vehicles are prohibited from being used as rental properties or as permanent living quarters.

(b)

Recreational Vehicles, whether occupied or unoccupied, shall not be parked for more than ten (10) hours or overnight along any street right-of-way.

(c)

Recreational Vehicles, shall not be parked on any unimproved lot or upon any improved lot where the permanent residence is unoccupied. Recreational vehicles shall not be parked on any city right-of-way or in any front or side setback. The only exception to this provision shall be after a major storm or other similar community-wide event in which a homeowner is using the recreational vehicle as temporary housing (upwards of 120 days—with a one-time 60-day permit extension available) while awaiting the completion of repairs to the residential property damaged in the event. As soon as electricity becomes available, the recreational vehicle shall be connected with the electricity of the residential property and not to generators.

(d)

Recreational Vehicles, shall be kept in good repair and in working condition, with a current license plate.

(e)

The storage and parking of recreational vehicles upon non-commercial property is permitted, provided all of the following conditions are met:

1.

The subject property shall be improved residential property with a permanent dwelling unit, not an unimproved, vacant property.

2.

The stored or parked Recreational Vehicle shall not, at any time, be used as living quarters upon the subject property.

3.

The storage and parking of recreational vehicles upon non-commercial property shall be limited to those owned by the occupant of the permanent dwelling.

4.

Recreational Vehicles shall not be stored where such parking or storing constitutes a vehicular traffic hazard or a threat to public health or safety.

5.

The stored Recreational Vehicle shall be maintained with monthly cleanup of weeds, tall grass, trash.

6.

The Recreational Vehicle shall not be stored or parked within the front yard and sideyard setbacks.

7.

Overnight parking of a recreational vehicle, belonging to the resident of the permanent dwelling unit, upon the driveway of the permanent dwelling unit, in preparation for a trip or the return from a trip, for a period not to exceed three (3) days, shall not be considered "storage," and shall be permitted.

(f)

Commercial storage facilities for Recreational Vehicles shall:

1.

Be surfaced with a permanent, all-weather surfacing.

2.

Be maintained with a monthly cleanup of weeds, tall grass and trash.

3.

Be enclosed with a minimum of seven (7) feet tall solid wood fence or masonry wall.

4.

The overnight parking of a recreational vehicle upon private property and within the designated off-street parking area of a hotel or motel, by a guest of that hotel or motel, for the duration of the guest's stay, shall not be considered "storage," and shall be permitted, provided that the recreational vehicle is simply parked, and is not occupied, or otherwise used for residential purposes.

(g)

Overnight visitor parking of a Recreational Vehicle on private property may be permitted under the following circumstances:

1.

The Recreational Vehicle must be parked upon an improved residential property. The recreational vehicle must not be parked in the city right-of-way.

2.

The occupant of the permanent dwelling unit upon the property must be in residence at the time of the visit.

3.

The visit shall be limited to a maximum duration of not more than seven (7) consecutive days.

4.

The total number of visits to any individual property shall not exceed a maximum of six (6) visits per calendar year.

5.

A permit authorizing the visit has been issued by the City of South Padre Island. The permit application shall be filed by the occupant of the permanent dwelling unit, and shall contain the specific duration of the stay and a copy of the vehicle registration reflecting the ownership of the subject Recreational Vehicle. The issued permit shall be placed in a window of the visiting Recreational Vehicle such that it is visible at all times from the adjacent street.

(3)

Mobile Equipment—Definition:

(a)

Livestock trailers, tractor trailers, dump trucks, trucks licensed for over one (1) ton, which are used for commercial or industrial purposes, and such other vehicles not defined as recreational vehicles.

(4)

Regulations for Mobile Equipment within the City of South Padre Island.

(a)

No one may reside in, or occupy overnight, any Mobile Equipment.

(b)

No Mobile Equipment may be parked along any street right-of-way or front yard setback for more than ten (10) consecutive hours, or overnight.

(5)

Commercial sales activities shall be prohibited from Recreational Vehicles and/or Mobile Equipment.

(D)

Temporary Structures. Notwithstanding the requirements of the City Code of Ordinances which regulates structures and their use on a year-round basis, the City Manager, or designee, may grant permits for temporary structures to be located in any zoning district except as outlined in paragraphs 2 and 3 below. To qualify for a permit, the proposed temporary structure must comply with the following requirements:

(1)

Temporary structure permits may be issued to the owner or tenant of the permanent business structure located upon the same property where the temporary structure is proposed. No permits will be issued to second parties who will operate a business activity from the temporary structure independent of that conducted in the permanent structure.

(2)

Temporary structures are prohibited within one-hundred and fifty (150) feet of Padre Boulevard unless they are directly associated with operations of the onsite permanent business and a temporary structure permit has been obtained by the property owner or lessee. No more than three (3) temporary structure permits may be issued within a calendar year. Each permit shall be valid for not more than four (4) days. Temporary structure permits will not be issued consecutively.

(3)

Commercial sales activities excluding food and beverage of any kind are not allowed in temporary structures regardless of their location. The activity must be directly related to the business and sales location or applicable 501c organization function, and an extension of the primary business or recreational.

(4)

Temporary structures shall not be deemed to include motorized vehicles such as, automobiles, trucks, buses, or recreational vehicles.

(5)

Depending upon the nature of the business to be conducted from the temporary structure, all other relevant City codes and ordinances shall be met; i.e., the Zoning Ordinance, the Sign Ordinance, Health Codes.

(6)

Generally, all unattended temporary structures shall be secured against high wind and intrusion. However, because the community can be subject to high winds and severe weather on a random basis, the City reserves the right to suspend all temporary structure permits at any time, and require the immediate removal of all such temporary structures.

(7)

The permit application materials for a temporary structure shall include:

(a)

A statement of the proposed use of the temporary structure.

(b)

A statement of the time period during which the temporary structure will be located upon the site. (Maximum of thirty (30) days in a calendar year, starting January 1—December 31.)

(c)

The name, address, telephone number, fax number (if applicable), and driver's license number or employer identification number of the applicant.

(d)

A site plan reflecting the location of the proposed temporary structure upon the property, its distance from the permanent structure, the areas of ingress and egress from the permanent structure, the gross square footage of the permanent structure, location of any vehicle access points to the property, and the location and number of any parking spaces upon the property.

(e)

Payment of a One Hundred Dollar ($100.00) application fee.

(8)

Temporary structures shall not block or otherwise obstruct a fire exit or other form of safety ingress/egress.

(9)

City Exemption: Notwithstanding the requirements of this City Code of Ordinances relating to open display and the use of temporary structures, the City of South Padre Island shall be exempt from all provisions herein, and may request the use of: 1) private property with express authorization from private property owner; and authorize the use of: 2) public property and 3) the public right-of-way for the purposes of outdoor display and temporary structures for the purpose of publicly sponsored events, as well as recognized events sponsored by other agencies authorized by the City.

(10)

Outside Storage - For All districts - Except for the provisions regarding recreational vehicles, the outside storage of all materials, equipment, or all other property is prohibited in all zoning districts unless the materials, equipment, or other property is in a container, storage unit, or garage.

(Ord. No. 24-05, 10-2-2024)