CHAPTER V ZONING DISTRICT REGULATIONS

As shown on the attached Official Zoning Map of the City of El Lago, which is incorporated herewith and made a part of this ordinance by reference, Zone A is hereby designated as a one-family district and each and every lot therein shall be used only as a residential lot for residential purposes. The term “residential purposes” as used herein shall be held and construed to exclude use for hospitals, duplex houses, apartment houses, hotels, tourist courts, garage apartments, roominghouses and all other kinds or types of housing accommodations other than a detached, single-family dwelling house and the appurtenances thereto as hereinafter permitted, and shall be held and construed to exclude business, commercial, trade or professional uses.

Only one residence house which shall be a detached single-family residence house, either of one-story, one-and-one-half story or two-story construction, shall be built or permitted on each lot not to exceed two (2) stories or thirty-five (35) feet in height and such house may have an attached or detached garage for not more than three (3) cars, as well as servant type quarters which may be occupied by an integral part of the family occupying the main residence on the building site or by servants employed on the premises.

(2A)

Any person desiring to cut any curb or otherwise construct any driveway for the purpose of ingress and egress to and from the property to be served shall make application for a permit to the building official. The application shall be in writing and shall be accompanied by a plat or map of the property upon which the driveway is to be located. If approved by the building official, the city secretary shall charge a minimum fee of forty dollars ($40.00) for the issuance of the permit. The fee shall cover the expenses of the issuance of the permit. No permit shall be issued to authorize the construction of a driveway or improved flat surface within the building setback lines described and contained in subsection (11) of this section unless the driveway extends from the curb (i) into the garage located on the property or, if there is no garage there located, to the back building line of the residence house on the property, or (ii) back to the curb if the curb cuts are separated by a distance of at least thirty-five (35) feet. In addition, a permit shall be issued to authorize said construction if a part of the permitted driveway or improved flat surface commences at the curb and extends to a garage, fence or into the back yard of the property to the back building line of the residence house on the property. Notwithstanding the provisions of this subsection, no permit shall be issued to authorize the construction of a driveway in excess of thirty-five (35) feet wide in front of the front building line of the residence house on the property, or which, when added to all other improved surfaces or structures (excepting sidewalks), takes up more than thirty-five (35) percent of the total area located between the curb and the building line of the residence house on the property to be served by the driveway. For a residence house located on a corner lot, this percentage of improved surface prohibition does not apply to a driveway sought to be permitted from the side street of the lot on which the residence house is located.

A rendering of “allowed” and “not allowed” examples of driveway construction is adopted as a part of this zoning ordinance section 5.04(2A) and shall be included in the ordinance at the conclusion of such subsection.

The exterior finish or construction of all single-family residence houses shall be at least fifty-one (51) percent brick, brick veneer, stone or other masonry construction, stucco, excluding concrete, plain monolithic concrete, concrete block or tile, siding or siding type material, or similar looking products, or as approved for use by a national model code published within the past three code years that applies to the construction, renovation, maintenance or other alteration of that residence house, and in computing such percentage, roof area shall be excluded, but attached garages, porches or other structures constituting part of the building proper shall be included.

In addition to the main single-family residence house, outbuildings for the use and enjoyment of the property may also be built on any lot used for single-family residence purposes, but not more than two (2) outbuildings in addition to a garage may be built or placed on any such lot, and no outbuilding of any type on any such lot shall be used for or occupied as living quarters, except by domestic servants engaged on the premises or an integral part of the family.

No building, fence, wall or other structure shall be placed or built on any lot nearer to the front lot line or nearer to the side street line than the building setback line as herein provided except (a) a picket fence as defined herein located on the side setback of a corner lot, or (b) a security fence as defined herein located on the side setback of a corner lot or located on a lot exceeding one-half (1/2) acre in total size. If the front wall of a single-family residence on a lot is set back behind the front building setback line on each lot, the fences on such lots, shall not be extended, placed or built past the front wall of such residence on the side of the residence to which the fence is adjacent. No fence shall exceed six (6) feet eight (8) inches in height except the columns of a security fence, which may be a maximum of eight (8) feet in height. Fences facing streets shall be erected so that the finish side of the fence faces the street. No fence or similar structure erected shall contain any substance such as broken glass, barbed wire, spikes, nails, or similar materials designed to inflict pain or injure any person or animal. Fences carrying electrical current shall not be allowed. No radio or television aerial wires or antenna shall be maintained on any portion of any lot of the front wall of the main residence on said lot.

No structure of any type (fences and garden walls excepted) shall be placed or built on any lot nearer than five (5) feet to any interior side lot line, except that detached garages may be located within three (3) feet of any inside lot line if situated at the rear of the main residence building. The term “detached garage” shall mean a separate building having no common wall with the main residence building. No detached garage dwelling shall be placed or built on any lot nearer than five (5) feet to any lot line.

Lots or fractions of lots may be combined in the manner herein below stated so as to create a single building site. The whole area resulting from any such combination shall be treated as a single lot, as if originally platted as such on said map or plat of the addition in which the house is built, and in such case the said lot lines between the lots or fractions of lots combined shall not be deemed to be side lot lines for building setback purposes; such combinations being permissible only as follows:

Any whole lot may be combined with any number of adjoining or contiguous whole lots.

Any whole lot or building site created by a combination of whole lots as above permitted, may be combined with a fraction of either or both of the lots adjoining the same.

The right to erect or place a single-family residential dwelling upon a building site consisting of less than an entire lot as shown upon the subdivision plat shall be limited to those instances in which the tract constituting such buildings site (consisting of either a part of a single lot as shown on said subdivision plat or portions of two (2) adjacent lots as shown on said plat) has a frontage width at the minimum building setback line of at least seventy (70) feet and a square footage area of at least seven thousand (7,000) square feet.

No structure of a temporary character, trailer, trailer house, mobile home, manufactured home, basement, tent, shed, barn or garage shall be used on any lot at any time as a residence or living quarters for more than seventy-two (72) hours consecutively, but servants engaged on the premises may occupy servant quarters built upon or onto any garage or other outbuilding. All detached garages and outbuildings built on any lot used for single-family residence purposes must be situated behind or to the rear of the main residence building on said lot, and every detached garage and outbuilding built on any such lot (except greenhouses) must correspond in exterior architectural design and style with the main residence building on said lot.

All houses, buildings and other structures on lots in this zone must be kept and maintained in good repair, must function as originally intended and must be painted when necessary to preserve the attractiveness thereof.

Any temporary building or structure moved onto a lot incident to construction shall be promptly removed upon completion of the construction work. No building material of any kind or character shall be placed or stored on any lot until the owner is ready to commence improvements and then such material shall be placed within the property lines of the lot or building site upon which the improvements are to be erected, and shall not be placed on the street or between the pavement and the property line. No stumps, trees, underbrush or any refuse of any kind or scrap material from improvements being erected on any lot or building site shall be placed on any streets or easements or any other lots or building sites. All such material, if not disposed of immediately, shall be immediately removed from the property and disposed of upon completion of said improvements.

No buildings shall be located nearer to the front lot line or nearer to the side street than the building setback lines shown and established on the recorded plat of the subdivision in which the lot or tract is located. In any event, no residence shall be located on any residential building lot nearer than twenty-five (25) feet to the front line nor nearer than ten (10) feet to any side street line nor nearer than ten (10) feet for a single-story building or twenty (20) feet for a two-story building from rear lot lines, nor nearer than five (5) feet from any side line.

The use of easements for installation and maintenance of utility and drainage facilities are hereby expressly permitted.

The raising or keeping of hogs, horses, poultry, fowl, or other livestock within this district is strictly prohibited.

§ 5.04(B) PUD - Planned Unit Development District.

No water well, septic system or cesspool shall be permitted.

(15)

All reserves and recreational areas heretofore designated in recorded plats shall hereafter be used for recreational purposes.

(16)

No sign of any kind shall be displayed to the public view except one (1) sign of not more than five (5) square feet, advertising the property for sale or rent, or signs used by builders to advertise the property during the construction and sales period, none of which signs shall exceed more than five (5) square feet and not more than one (1) sign may be displayed on any one lot at a given time.

(17)

No towed vehicles, including trailers, mobile homes, boat trailers, boats, boat rigging or carts, and large motor driven vehicles including motor homes, recreational vehicles or campers shall be parked, stored or left standing in streets, driveways, or on lawns unless the vehicle is parked on a constructed driveway or improved surface behind the building setback line or if on a corner lot, the side setback line. In the event that a structure is constructed deeper into a particular lot than any building setback line, no such vehicle shall be parked, stored or left standing outside of the actual front line (or in the case of a corner lot, the side construction line) of the structure on the particular lot. Additionally, vehicles may be parked, stored or left standing in any location on the constructed driveway of a residence for a period of time not to exceed seventy-two (72) hours in any given week if the vehicle is in use or is undergoing general maintenance activities. No vehicle(s) as described in this subsection may be parked, stored, or left standing on any portion of a property used for residential purposes if said vehicle or any combined measurement of said vehicles are greater than thirty (30) feet in length, are wider than ten (10) feet in width or are higher than ten (10) feet in height. The measurement of a motor vehicle shall be from front to rear bumper; the measurement of a trailer or boat shall be from the trailer tongue or bow to the stem or rear of the trailer. The measurements shall be made from that portion of the said vehicle that extends the furthermost. The height measurement will be from, the ground up to the highest fixed portion of the said vehicle. Removable structures such as air conditioners, boat towers and antennas temporarily mounted on said vehicles shall not be included in the height measurement. All combined measurements will consist of like measurements (i.e., length + length, width + width or height + height).

(18)

No individual shall perform repair or maintenance work on a vehicle located at a residence unless the vehicle registration for that vehicle indicates that the vehicle is owned by a person residing at the residence.

(19)

All undeveloped lots, that is, lots without any structures, permanent or temporary, must be kept and maintained to preserve the attractiveness thereof, as well as for the health, safety and welfare of the community.

(Ordinance 220, sec. 2, adopted 7/6/87; Ordinance 185B, sec. 1, adopted 2/1/93; Ordinance 185E adopted 11/7/94; Ordinance 351, sec. 2, adopted 4/10/06; Ordinance 381, secs. 2, 3, adopted 2/3/10; Ordinance 383, sec. 2, adopted 4/21/10; Ordinance 441, secs. 5, 6, adopted 7/18/16; Ordinance 476, sec. 1, adopted 4/21/21)

§ 5.04(A) Zone E-Residential Reserve.

Zone E is designated a residential reserve district. The designation shall apply to those properties in the city which, because of their shape, configuration, size and location are not suitable to be a part of the city’s residential commercial and business or other districts.

No building or structure of any kind shall be permitted within the boundaries of a residential reserve with the exception that if the residential reserve adjoins a tract of land on which is located a single family residence, the city council, by the affirmative vote of four (4) council members, may grant a special use permit for the construction of an outbuilding for the use and enjoyment of the residential property to which the residential reserve is joined. The special use permit shall specify all requirements for the construction and maintenance of the outbuilding and the provisions of subsections (4), (5), (6), (8), (9), (10), (11), (12), (13), (14), (16), (17), and (18) of section 5.04 of this zoning ordinance shall apply to the outbuilding and to the residential reserve to the extent that they are not in conflict with a provision of the special use permit.

A planned unit development (PUD) promotes the development of a tract of land in a unified manner and may allow for deviation from the development standards in this Appendix A and in such other ordinances as may exist. Variations to the established criteria for lot widths, lot depths, building lines, and location of open space may be considered for approval and recommendation as part of a PUD when the following requirements are met:

All single-family residential lots shall front on a public street right-of-way, unless otherwise agreed upon by the commission and the council.

Provision shall be made for adequate separation between the fronts of buildings.

Lot widths and depths shall be adequate for residential construction in accordance with established building codes.

Building lines shall be established to provide adequate off-street parking for each residential unit.

Provision shall be made for compensating open space with the PUD.

Justification shall be made for the design of the subdivision.

§ 5.05 Zone B-Commercial And Business District.

A finding shall be made that there is no negative impact on health, safety, or welfare in the area.

(Ordinance 489 adopted 9/7/2022)

Zone B is designated as a commercial and business district and may be used for such purposes in accordance with this section of the ordinance. Zone B is comprised of subzones (B-1), (B-2), (B-3) and (B-4) and each subzone is subject to its own special zoning requirements, if any, as herein set out: As to Zone B, in its entirety, the following shall be applicable:

No building or land in this zone shall be used and no building shall thereafter be erected, moved or altered except for one or more of the following uses, provided that such use shall not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisances:

Apartment houses or other multiunit dwellings, and, in Zone B-4 and by permit only, manufactured homes.

Hotels and motels.

Churches.

Office and professional buildings.

Clinics and sanitariums except a criminal or mental institution.

Veterinary hospitals and clinics where practice is limited to small household pets such as dogs or cats. All animals are to be retained within the structure. No outside animal pens, runs, kennels or holding areas shall be allowed.

Nursing and convalescent homes.

Retail food stores including bakeries, grocery stores, meat markets and frozen food lockers.

Banks and savings and loan companies.

(j)

Restaurants, including those serving alcoholic beverages as permitted by state law.

(k)

Dancing or music academies or schools.

(l)

Florist shops or greenhouses.

(m)

Personal service establishments such as barbershops, beauty parlors, dry cleaning and tailor shops, operated as wholly contained closed circuit dry cleaning establishments, dressmakers, shoe repair, small appliance repair, bicycle repair, or similar businesses.

(n)

Retail stores and other business supplying everyday shopping needs of the immediate neighborhood. These are subject to the following conditions:

That it be wholly within an enclosed building;

That yards not be used for display, sale or storage of merchandise or for the storage of vehicles, equipment, containers or waste material; and

That all merchandise be first hand and be sold at retail on the premises.

That wares may be displayed on the sidewalk in front of their location and/or in their parking lot limited to hours of normal operation, not before 8:00 a.m. or after 9:00 p.m. and any such display is limited to fifty (50) percent of the store front, not to extend beyond ten (10) feet out from the front of the building.

(o)

Boat and accessory sales and marine works.

(p)

Pharmacies, opticians and similar health operations.

(q)

Craftsmen shops such as plumbing, cabinetmaking and electricians. All storage or work shall be conducted within an enclosed building.

(r)

Automobile parts and accessories; wholesale or retail stores.

(s)

Appliance retail sales and service.

(t)

Mixed residential. This use is permitted provided all the standards of section 5.06 are met with regard to setbacks, landscaping, parking, and intensity of use. Such uses are intended to provide greater vitality to business areas along the waterfront by introducing residential uses.

The following uses are specifically prohibited:

Bars or similar establishments except as permitted by state law.

Any establishment which allows nude or partially nude dancers, models or employees, except as permitted by chapter 8, article V, of this Code.

Light or heavy manufacturing plants or shops.

Warehouses.

Automobile dealerships (both wholesale and retail).

General automobile repair shops, except minor mechanical repairs by existing establishments, providing these activities do not include the outside storage of motor vehicles under repair, the storage or dismantling of old or wrecked motor vehicles.

Automobile services stations excepting those in existence prior to this amendment.

Pawnshops.

Car wash businesses.

(j)

Establishments such as massage parlors, photographic or artists’ studios involving nude or nearly nude models, except as permitted by chapter 8, article V, of this Code.

(k)

Dry cleaning establishments where on-premises cleaning takes place that are not operated as wholly contained closed circuit dry cleaning facilities.

(l)

Tattoo parlors.

The city council by an affirmative vote of four (4) council members may grant a special use permit for the following types of businesses:

Theaters.

Bookstores.

Antique shops.

Art galleries.

Bowling alleys, skating rinks, billiard parlors, arcades or gaming establishments, tarot card readers, palm readers, psychic readers, and similar establishments.

Automotive specialty repair shop. A requirement prohibiting overnight parking of vehicles outside from 8:00 p.m. to 6:00 a.m. or the close of business, whichever is sooner, be included in the granting of a special use permit.

Retail stores for the sale of pre-owned or used clothing and/or pre-owned or used jewelry.

Rental businesses.

Smoke shops.

In granting a special use permit, the council will consider the public welfare, protection of property and property values and prevention of objectionable influences in the community. The council shall impose special conditions and safeguards including a specific period of time for the permit. The special use permit shall be granted only after the potential proprietor has made application to the city council at a public hearing. The proprietor shall present his business objectives and specific plans for operation at this public hearing.

Following application by a property owner and a public hearing thereon, the city council may, be affirmative vote of four (4) council members, grant a special use permit to allow single-family dwellings on tracts 2D-1 and 2D-2 in the Ritson-Morris Survey Abstract No. 52 of Harris County, Texas. In granting a special use permit, the council will consider the public health, safety and welfare and the protection of property and property values in the community. The council shall impose specific conditions and safeguards in such permits.

There shall be provided for all mixed residential structures no less than the number of parking spaces noted herein per rental unit or individually owned unit.

Motels and hotels	1.0 space per unit (without a restaurant)
Motels and hotels	1.0 space per unit (with restaurant)
(Parking for mixed use projects shall meet the minimum requirements for motels and hotels as described above, in addition to the minimum parking requirements for a restaurant.)
One bedroom	2.0 spaces per unit
Two or more bedrooms	2.5 spaces per unit

A space as used herein, shall not be less than nine (9) feet by twenty (20) feet of parking area and shall be exclusive of drives and approaches. Manager’s quarters or offices shall be counted as one (1) rental unit. For all other commercial or business buildings, off-the-street parking facilities shall be no less than one (1) space for each one hundred (100) square feet of building area. Square foot of building area shall mean and include the total square footage of the building, including a total of the square footage of the first and all additional levels.

The surface area of off-the-street parking as required herein, shall be covered as follows: Either a four-inch compacted shell base with a 1 1/2-inch bituminous concrete topping, or a four-inch concrete topping on a two-inch sand base shall be used. Where necessary, culverts, curbs and sidewalks shall be installed when necessary with approval of the city building official.

The exterior finish or construction of all buildings shall be of brick, brick veneer, stone, stone veneer, glass or other similar looking products or as approved for use by a national model code published within the past three code years that applies to the construction, renovation, maintenance or other alteration of the building, or as specifically provided in the special regulations for subzones.

No septic tanks or individual disposal plants may be erected in this zone, and no individual water wells may be erected or placed on any portion of this zone.

All lighting, including any permitted illuminated signs or light on any parking lot or driveway shall be arranged and designed so that there will be no annoying glare directed or reflected toward residence buildings or residence districts.

Wherever land proposed on a development plan for multiple-family or commercial use is contiguous to property or abuts property which is developed, zoned or designated for any type of residential use, no portion of a principal structure shall be located closer than forty (40) feet to such contiguous property.

§ 5.06 Special regulations for Zones B-1, B-2, B-3, and B-4.

No building or structure in this zone shall exceed two (2) stories or thirty-five (35) feet in height.

(Ordinance 350, secs. 3, 4, adopted 3/20/06; Ordinance 381, sec. 4, adopted 2/3/10; Ordinance 441, secs. 7—9, adopted 7/18/16; Ordinance 476, sec. 2, adopted 4/21/21)

The following additional regulations are imposed upon the subzone B-1, which are in addition to the overall regulations placed upon the zone designated as Zone B:

No building in this subzone shall be constructed closer to Lakeshore Drive or Bayou View Drive than thirty-five (35) feet of the property lines of said streets or thirty-five (35) feet from Farm to Market Road 528 (NASA Road One) property line, so that all buildings shall be set back from the property lines of Lakeshore Drive or Bayou View Drive or FM 528 (NASA Road One), a distance of not less than thirty-five (35) feet.

Prior to the construction of any improvements upon this subzone, a solid masonry wall six (6) feet in height shall be constructed and maintained along the line dividing this subzone from Zone A, extending from Lakeshores Drive to Bayou View Drive and from Bayou View Drive to the Eastern Boundary of the City of El Lago along the line separating the subzone [from] Zone A.

The following additional regulations are imposed upon subzone B-3 which are in addition to the overall regulations placed upon the zone designated as Zone B:

No building in this subzone shall be constructed closer than thirty-five (35) feet from the property line of Farm to Market Road 528 (NASA Road One) so that all buildings shall be set back from the property line of Farm to Market Road 528 (NASA Road One) a distance of not less than thirty-five (35) feet.

The exterior finish or construction of buildings may be of wood materials such as wooden siding, which is manufactured and processed for exterior use.

As to wooden siding, the following requirements shall apply to the individual section, unit or piece of siding and to its installation on an exterior wall:

There shall be no holes, loose knots, or splits.

All requirements of the International Building Code shall be met and there shall be no manufacturing, processing or installation defects which can be detected by the unaided eye from a distance of twenty-five (25) feet or more in any direction from the point of installation.

All siding shall conform to the requirements of the International Building Code; however, in no case shall the thickness be less than seven-sixteenths of an inch.

All exterior wood shall be coated to protect the materials from deterioration.

All wood materials used on external finishes must be fire treated.

Asphalt shingles may be used and the following requirements shall apply to the individual shingles and to their installation on an exterior finish: Shingles shall be installed according to practices specified in the International Building Code. Such installation shall not result in any misalignment or construction damage which can be detected by the unaided eye at a distance of twenty-five (25) feet or more from the exterior upon which shingles are installed.

The following additional regulation is imposed upon subzone B-4 which is in addition to the overall regulations placed upon the zone designated as Zone B: No building in this subzone shall be constructed closer than twenty (20) feet from the property line of Farm to Market Road 528 (NASA Road One) or Kirby Road so that all buildings shall be set back from the property line of FM 528 (NASA Road One) or Kirby Road a distance of not less than twenty (20) feet.

The following additional regulations are imposed on subzones B-3 and B-4 in addition to the overall regulations placed upon the zone designated as Zone B and in place of any contrary regulations contained in this zoning ordinance as applicable to said subzones:

Mixed Use Standards

Performance criteria.

All mixed residential structures shall meet the following performance criteria for the overall intensity of use. The criteria are the maximum permitted intensities of use and vary by the height range of the building(s), as shown below in Table 1, Multifamily, Commercial & Mixed Use Performance Standards.

Table 1 Multifamily, Commercial & Mixed Use Performance Standards
Maximum Gross Density	Minimum Landscaped Surface	Maximum Building Coverage	Maximum Height	Type of Parking (Maximum Structure Type)
40	30%	60%	50	At grade
40	33%	57%	100'	2-story structure
40	36%	54%	150'	2-story structure
40	40%	50%	200'	3-story structure
40	45%	45%	250'	3-story structure

[Minimum required setbacks.]

As displayed in Table 2, Setbacks, the minimum required setbacks are designed to ensure that the waterfront is developed as a community asset that increases the value of the business areas. They ensure that units can have views of the water from the waterfront and sides without blocking the views of an adjoining similar structure. Note that the side yard dimensions vary with the height of the building.

Table 2 Setbacks
Yard	Height Range	Minimum Required
Waterfront	Not applicable	40 feet
Street (parallel to water)	Not applicable	35 feet
Side Yard	50'	20 feet
	100'	25 feet
	150'	30 feet
	200'	36 feet
	250'	42 feet
Street yard (perpendicular to water)	50'	0 feet
	100'	10 feet
	150'	15 feet
	200'	20 feet
	250'	30 feet

Minimum residential unit size.

No residential unit shall be less than nine hundred (900) square feet in floor area. Hotel or motel units shall have a minimum of five hundred (500) square feet and in a mixed use building shall be considered as a dwelling unit for the purpose of calculating the intensity of use.

Shading.

For buildings over fifty (50) feet in height, the applicant shall provide shading drawings for October 21st and February 20th, which shall indicate the shadow cast by all buildings forty (40) feet and greater in height at 9:00 a.m., 10:00 a.m., 11:00 a.m., 12:00 p.m., 1:00 p.m., 2:00 p.m., and 3:00 p.m. The planning and zoning commission shall review the drawings and may require setbacks greater than those required for a side yard against a residential use where it is deemed the shading will detrimentally reduce the light and air of the adjoining residential unit(s) after reviewing the length of time the use is shaded and the layout of house and property.

Landscaping.

Table 1, Multifamily, Commercial and Mixed Use Performance Standards, indicates the minimum landscaped surface area of the site. The landscaping standards are summarized in Table 3, Landscape Requirements. A maximum of no more than fifty (50) percent of the required minimum landscaped surface area may be in used for walks and paved areas, including recreational areas like pools and pool decks or patios for outdoor dining. Driveways may cross the landscaped surface area, subject to the fifty (50) percent maximum requirement. All dimensions shall be proportionally calculated to determine the total plant unit requirements.

Screening.

The requirements for screening are as follows:

Parking lots and drives.

Landscaping shall be provided for parking and vehicular use areas adjacent to public street rights-of-way. Nondeciduous or evergreen shrubs shall be planted in a double row with triangular spacing along seventy (70) percent of all parking and vehicular use areas that are parallel or roughly adjacent to public street rights-of-way.

ii.

Trash enclosures.

Areas used to hold refuse containers must be completely screened from public view with a solid masonry fence at least as tall as the container and in no case less than six (6) feet in height. This provision applies to all refuse containers, including those used for the collection and storage of recyclable materials.

iii.

Mounted equipment.

Exterior ground-mounted or building-mounted equipment to serve a building, including mechanical equipment, utility meter banks, and heating or cooling equipment, must be completely screened from public view with landscaping or with an architectural treatment compatible with the building materials and colors. Building mounted equipment shall be painted to match the building color on which it is attached.

iv.

Rooftop equipment.

All rooftop equipment must be completely screened from public view with a structural treatment that is compatible with the building architecture. The methods of screening rooftop equipment include the use of parapet walls and the encasement of partition screens.

Outdoor storage.

All materials and equipment which is stored outside of a fully enclosed building must be completely screened from public view.

Table 3 Landscape Requirements
Area	Plant Units	Area	Reference
Pervious areas	1.0	5,000 square feet	5.06e
Walkways	1.0	100 linear feet of walkway	5.06e
Paved areas	0.5	5,000 square feet	5.06e
Street rights-of-way	2.0	100 linear feet	5.06e
Waterfront (10' pedestrian area)	6.0	acre	5.06g
Waterfront (less than 10' pedestrian area)	1.0	6,000 square feet	5.06g

Plant units.

Listed in Table 3, Plant Unit Options, is the plant units that are permitted for landscaping along the waterfront areas. The planning and zoning commission shall evaluate the choice of plant units to determine the appropriateness and effectiveness in achieving the desired development quality and character of the site.

Alternative Unit C should be used only where there are overhead lines that make the use of canopy trees impractical or where the planning and zoning commission finds this lower planting desirable.

ii.

Alternative Unit E is designed for use in parking lots where the canopy trees are desired and lower plants create visual obstructions. It may also be ideal where a fence or wall is used and, thus, renders lower plants ineffective in terms of their visual impact.

Table 4-Plant Unit Options
Plant Unit Options	Quantity, Size & Type of Plants	Illustration
Alternative Unit A	1 - 3" caliper Canopy Tree 1 - 1-1/2" cal./6' tall Understory 1 - 8' tall Evergreen 11 - 3' tall Shrubs
Alternative Unit B	1 - 3" caliper Canopy Tree 2 - 1-1/2" cal./6' tall Understory 14 - 3' tall Shrubs
Alternative Unit C	1 - 1-1/2" cal./6' high Understory 3 - 8' tall Evergreens 13 - 3' tall Shrubs
Alternative Unit D	4 - 8' tall Evergreens 10 - 3' tall Shrubs
Alternative Unit E	2 - 3" caliper Canopy Trees 4 - 3' tall Shrubs

Building design.

The design of the building should be of quality construction and appearance, including avoidance of an overly box-like, monotonous appearance. The following standards shall be met:

The building’s height shall be varied. If the building’s longest dimension is less than sixty (60) feet, this may be accomplished solely by the expression of the elevator and other mechanical screening structures having a height of at least six (6) feet above the roof plane. Where the building is more than sixty (60) feet but less than one hundred eighty (180) feet in its longest dimension, and greater than eighty (80) feet in height, the top floor may not be greater than sixty-five (65) percent of the area of the second highest floor. Where the building is greater than one hundred eighty (180) feet in its greatest dimension and more than seventy-five (75) feet in height, at least the top two (2) floors shall be of a decreased area, with the top floor having no more than fifty (50) percent of the area of the floors that are not staggered to meet this requirement. The city shall approve the design after viewing renderings and/or a 3-D model (refer to item (i) below).

ii.

The planes of each facade shall be varied. The use of balconies or stair towers that provide a regular rhythm to the facade is permitted on a building where the longest facade dimension is less than one hundred eighty (180) feet, although a more pronounced variation is encouraged for any building. Where a building is greater than one hundred eighty (180) feet in its longest dimension, acceptable means of variation include a shift in the alignment of the building planes are visually interesting. Planters can be used to enhance the effect of balconies as can alterations of the floor size and height.

iii.

The materials of the building shall include various forms of masonry (brick, tile, and stone) or other similar looking product approved for use by a national model code published within the past three code years that applies to the construction, renovation, maintenance or other alteration of the building, and shall show concern for the use of materials to enrich the visual character of facades by emphasizing windows, floors, or elements of the building with changes in color, texture, and/or materials. Metal facades may be used only with approval of a special panel design, where the metal is used to provide a smooth tile appearance that integrates windows and walls into modular units (metal siding is prohibited). Plaster or dry-vet is permitted where the selection of this material allows the creation of interest in the facade by small changes in the planes surface to create texture, shadow lines, patterns, and the appearance of structural features. Reflective glass shall not be used where it will provide glare. All building materials must meet building code standards. The use of other materials may be permitted as a conditional use where the city finds the materials create a building of equal quality but more attractive design.

Modeling.

For buildings greater than eight (80) feet in height, the city shall require a three dimensional model of the site and surrounding properties or an interactive 3-D computer model that permits the building to be viewed from other areas of the city and different view points. If necessary to complete its evaluation of the proposed building(s), the city may require the use of its own 3-D model for which the applicant will be required to reimburse the city for such expense.

Screening device.

Prior to the issuance of a certificate of occupancy, a screening device, as defined in Chapter XVI, Definitions, shall be built along that boundary of the area proposed for commercial use, which abuts property of a residential use or district.

§ 5.07 Zone C-Limited Two-Family Residential District.

Upon the issuance of a permit by the building official confirming its compliance with all rules and regulations of the city and with all laws of the State of Texas, a manufactured home may be erected on a permanent foundation on a lot within Zone B-4, and only that zone, of the city.

(Ordinance 350, sec. 5, adopted 3/20/06; Ordinance 476, secs. 3—4, adopted 4/21/21)

Zone C is hereby designated as a residential duplex district and each and every lot therein shall be used as a residential lot for residential purposes. When applied to this zone and to this zone only, the term “residential purposes” shall be held and construed to exclude use for hospitals, apartment houses, hotels, tourist courts, rooming houses, garage apartments and all other kind or types of housing accommodations, other than detached duplexes (two-family houses) and a detached, single-family dwelling house and the appurtenances thereto as herein below permitted and shall also be held and construed to exclude all businesses, commercial trade or professional use whatsoever.

Only one (1) residence house which shall be a detached, single-family residence house or a detached, two-family residence house (duplex) either of one-story, one and one-half-story or two-story construction, shall be built or permitted on each lot not exceeding two (2) stories in height. Any single-family residence house may have an attached or detached garage for not more than three (3) cars as well as servant type quarters which may be occupied by an integral part of the family occupying the main residence on the building site or by servants employed on the premises. Any two-family residence house (duplex) may have attached or detached garages, for not more than a total of four (4) cars. The regulations and restrictions imposed in Zone A upon lots in that district shall apply to all lots upon which single-family residence houses are built in this zone for the period of time during which such lots are occupied by a single-family residence house.

The exterior finish or construction of all single-family residence houses shall be at least fifty-one (51) percent brick, brick veneer, stone or other masonry construction, stucco, excluding concrete, plain monolithic concrete, concrete block or tile, siding or siding type material, or similar looking products, or as approved for use by a national model code published within the past three code years that applies to the construction, renovation, maintenance or other alteration of the residence house, and in computing such percentage, roof area shall be excluded, but attached garages, porches or other structures constituting part of the building proper shall be included.

No building, fence, wall or other structure shall be placed or built on any lot nearer to the front lot or nearer to the side street line than the building setback line as established by the plat of the subdivision subject hereto. If the front wall of a residence on a lot is set back behind the front building line on such lot, then fences on such lot shall not be extended, placed or built past the front wall of such residence. No fence shall exceed six (6) feet eight (8) inches in height. Fences facing streets shall be erected so that the finish side of the fence faces the street. No fence or similar structure erected shall contain any substance such as broken glass, barbed wire, spikes, nails, or similar materials designed to inflict pain or injure any person or animal. Fences carrying electrical current shall not be allowed. No radio or television aerial wires or antenna shall be maintained on any portion of any lot forward of the front wall of the main residence on said lot.

No structure of any type (fences and garden walls excepted) shall be placed or built on any lot nearer than five (5) feet to any interior side lot line except that “detached garages” may be located within three (3) feet of any inside lot line situated at the rear of the main residence building. The term “detached garage” shall mean a separate building having no common wall with the main residence building. No detached garage dwelling shall be placed or built on any lot nearer than five (5) feet to any lot line.

No structure of a temporary character, trailer, trailer house, mobile home, manufactured home, basement, tent, shed, barn or garage shall be used on any lot at any time as a residence or living quarters for more than seventy-two (72) hours consecutively, but, where permitted, servants engaged on the premises may occupy servant quarters built upon or onto any garage or other outbuilding. All detached garages and outbuildings built on any lot used for single-family residence purposes must be situated behind or to the rear of the main residence building on said lot, and every detached garage and outbuilding on any such lot (except greenhouses) must correspond in exterior architectural design and style with the main residence.

All houses, buildings and structures on lots in this zone must be kept and maintained in good repair and must be painted when necessary to preserve the attractiveness thereof.

Any temporary building or structure moved on to a lot incident to construction shall be promptly removed upon completion of the construction work. No building material of any kind or character shall be placed or stored on any lot until the owner is ready to commence improvements, and then such material shall be placed within the property lines of the lot or building site upon which the improvements are to be erected, and shall not be placed in the street or between the pavement and the property line. No stumps, trees, underbrush or any refuse of any kind, or scrap material from improvements being erected on any lot or building site shall be placed on any streets or easements or any other lot building sites. All such material, if not disposed of immediately, shall be immediately removed from the property and disposed of upon completion of said improvements.

No building shall be located nearer to the front line or nearer the side street than the building setback lines shown and established on the recorded plat of the subdivision in which the lot or tract is located. In any event, no residence shall be located on any residential building lot nearer than twenty-five (25) feet to the front line, nor nearer than ten (10) feet for a single-story building or twenty (20) feet for a two-story building from rear lot lines, nor nearer than five (5) feet from any side line, and ten (10) feet from any side street.

The use of easements for installations and maintenance of utility and drainage facilities is hereby expressly permitted.

The raising or keeping of hogs, horses, poultry, fowl or other livestock within this district is strictly prohibited.

No water well, septic system or cesspool shall be permitted.

No sign of any kind shall be displayed to the public view except one (1) sign of not more than five (5) feet square, advertising the property for sale or rent, or signs used by builders to advertise the property during construction and sales period, none of which signs shall exceed more than five (5) square feet and not more than one (1) sign may be displayed on any one (1) lot at any given time.

§ 5.08 Zone D-Club, Public or School Facility and Place of Public Worship District.

A two-hour rated firewall is required between any two (2) dwelling units as required by the National Fire Protection Association Code.

(Ordinance 476, sec. 5, adopted 4/21/21)

Zone D is hereby designated as a club or public or school facility zone or zone for places of public worship and each and every lot or tract therein shall be used for private club and recreational purposes, for waterworks, sewer plants or purposes maintained by the public body or governmental entity, for a school or other educational institution operating and authorized under the Texas Education Code, for places of public worship, or, if a special use permit is granted as described below, for one (1) of the below listed used. No building in this zone shall be constructed nearer than twenty-five (25) feet to the front of the property line, no nearer than twenty (20) feet from the rear lot line, nor nearer than five (5) feet from any side line, and ten (10) feet from any side street. No building shall exceed thirty-five (35) feet in height.

The city council by an affirmative vote of four (4) council members may grant a special permit for the following additional uses:

Child care facilities licensed by the Texas Department of Human Resources.

Independent care, assisted care nursing, and convalescent care homes operating lawfully under the laws of the State of Texas.

§ 5.09 Special regulations for multiple-family structures.

Dancing or music academies or schools.

In granting a special use permit, the council will consider the public welfare, protection of property and property values and prevention of objectionable influences in the community. The council shall impose special conditions and safeguards including a special period of time for the permit. The special use permit shall be granted only after the potential proprietor has made application to the city council at a public hearing. The proprietor shall present his business objectives and specific plans for operation at this public hearing.

No other uses of any kind of character not described herein shall be permitted within Zone D.

The following special regulations apply to apartments, condominiums and townhouses. Each type of multiple-family structure has its own regulations, which are in addition to those regulations for Zone B in its entirety.

§ 5.10 Apartments.

An apartment house is any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more dwelling apartments exclusively for residential occupancy.

Apartment means an enclosed space consisting of one (1) or more rooms plus a dedicated kitchen and bath, occupying all or part of a floor in a building of one (1) or more floors or stories regardless of whether it be designed for residence, for office, for the operation of any type of independent use, provided it has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare.

Efficiency apartment means a dwelling unit of not more than one (1) room in addition to a dedicated kitchen or bath.

When apartment buildings are siding or backing lots used or intended to be used for residential purposes, a two-foot wide private easement shall be provided by the apartment to abut the street or common lot lines and an eight-foot screening device as defined herein shall be constructed and permanently maintained upon the easement.

No building shall be constructed closer to Farm to Market Road 528 (NASA Road One) than thirty-five (35) feet so that all buildings shall be set back from the property line of FM 528 (NASA Road One) a distance of not less than thirty-five (35) feet.

All apartment projects shall have direct access from one (1) dedicated, improved and accessible access street having a right-of-way width of not less than sixty (60) feet.

Except as otherwise provided herein, all apartment buildings and structures shall be set back from front street twenty-five (25) feet from the building line, and that in addition, all structures and buildings shall be set back from the side and rear property lines as follows:

Ten (10) feet for a one-story building or structure.

Fifteen (15) feet for a two-story building or structure.

Twenty-five (25) feet for a three-story building or structure.

Provided, however, that these measurements shall be determined by the number of stories contained in the apartment building or structure closest to the applicable side or rear yard.

Except as otherwise provided, all yards setbacks, parking lots, service and recreational areas shall be landscaped in a sound workmanlike manner according to accepted planting procedures with lawns, trees, shrubs or other similar landscaping plant materials. Such plant materials shall be insect, and disease-resistant and shall be maintained and groomed to be kept reasonably free of weeds, noxious pests and disease.

The site plan for the apartment project shall include schematic layouts for water, sanitary sewer, electrical and other easements required by the planning and zoning commission, the district water board and the city council.

A two-hour rated firewall is required between any two (2) dwelling units as required by the National Fire Protection Association Code. The wall shall extend from the slab foundation or the ground. If there is no slab foundation, then the wall shall extend to the bottom of the roof deck.

Storage of boats, trailers, campers, furniture and other such items, are allowed only in designated enclosed storage areas, and shall not be stored on the streets, parking area, drives or common area or carports.

All trash and garbage containers shall be contained behind a screening device. The screening device shall be continuously maintained.

§ 5.11 Condominiums.

As used herein a condominium project is a real estate plan or project whereby four (4) or more dwelling units in existing or proposed buildings or structures are offered or proposed to be offered for sale to separate owners of single units in structures or multiple unit structures with common elements.

A condominium is a structure, which is one (1) of a series of dwelling units, each with a dedicated kitchen and bath designed for single-family occupancy, where dwelling units, are structurally connected or immediately adjacent to and abutting each other, which have common elements and each individual dwelling is separately owned.

An efficiency condominium is a condominium dwelling unit of not more than one (1) room in addition to a dedicated kitchen and bath.

Common elements include:

The land, whether leased or in fee simple, on which the building stands;

The foundations, bearing walls and columns, roofs, halls, lobbies, stairways, and entrances and exits or communication ways;

The basements, flat roofs, yards and gardens, except as otherwise provided or stipulated;

The premises for the lodging of janitors or persons in charge of the building except as otherwise provided or stipulated;

The compartments or installation of central services such as power, light, gas, cold and hot water, refrigeration, central air and heating, reservoirs, water tanks and pumps, swimming pools and the like;

The elevators and shafts, garbage incinerators and in general all devices or installations existing for common use; and

All other elements of the building desirable for or rationally capable of common use or necessary to the existence, upkeep or safety of the condominium regime, and any other elements described in the declaration filed in pursuant to Section 7 of the Texas Condominium Act.

No building shall be constructed closer to Farm to Market Road 528 (NASA Road One) than thirty-five (35) feet of the property line so that all buildings shall be set back from the property line of FM Road 528 (NASA Road One) a distance of not less than thirty-five (35) feet.

All condominium projects shall have direct access from one (1) dedicated, improved and accessible street having a right-of-way width of not less than sixty (60) feet.

Except as otherwise provided herein, all condominium structures and buildings shall be set back from the front street twenty-five (25) feet from the building line, and in addition, all structures and buildings shall be set back from the side and rear property lines as follows:

Ten (10) feet for one-story buildings;

Fifteen (15) feet for two-story buildings;

Twenty-five (25) feet for three-story buildings.

Provided, however, that these measurements be determined by the number of stories contained in the condominium unit closest to the applicable side or rear yard line.

Except as otherwise provided, all yard setbacks, parking lots, service and recreational areas shall be landscaped in a sound workmanlike manner according to accepted planting procedures with lawns, trees, shrubs or other similar landscaping plant materials. Such plant materials shall be insect and disease resistant and shall be maintained and groomed to be kept reasonably free of weeds, noxious pests and disease.

The site plan shall include schematic layouts for water, sanitary sewer, electrical and any other easements required by the planning and zoning commission, the district water board and the city council.

Prior to approval of the final building permit, a declaration, a set of bylaws, and rules and regulations and other restrictive and appropriate covenants shall be submitted to the city council so as to establish a homeowners association of all of the common areas included on the approved development site plan.

Storage of boats, trailers, campers, furniture and other such items shall be stored in designated enclosed storage areas and shall not be stored on the streets, parking area, drives or common area or carports.

All trash and garbage containers shall be contained behind a screening device. The screening device shall be continuously maintained.

Within a condominium project there shall be at least twenty (20) feet of separation or combined side yard between each condominium building group.

(15)

Lot coverage of a condominium project shall not exceed fifty-five (55) percent of the total site area; those structures constituting coverage under this provision include buildings and required parking spaces.

(16)

Where condominium structures or buildings are siding or backing on residential lots, a two-foot wide dedicated easement shall be provided abutting the street or common lot lines and an eight-foot screening device as defined herein, shall be constructed and permanently maintained upon the easement.

(17)

A maximum density of eighteen (18) dwelling units per acre is permitted, exclusive of public streets and easements.

§ 5.12 Townhouses.

As used herein a townhouse project is a real estate plan or project whereby four (4) or more dwelling units in existing or proposed buildings or structures are offered or proposed to be offered for sale to separate owners of single units in structures or multiple unit structures.

A townhouse is a single-family dwelling unit structure, with a dedicated kitchen and bath, having a common wall with one (1) or more adjoining dwelling unit structures and each individual dwelling unit is owned separately.

An efficiency townhouse is a townhouse with a dwelling unit of not more than one (1) room in addition to a dedicated kitchen and bath.

No building shall be constructed closer to Farm to Market Road 528 (NASA Road One) than thirty-five (35) feet of the property line so that all buildings and structures shall be set back from the property line of FM 528 (NASA Road One) a distance of not less than thirty-five (35) feet.

All townhouses projects shall have direct access from one (1) dedicated improved and accessible access street having a right-of-way width of not less than sixty (60) feet.

Except as otherwise provided, all townhouse structures and buildings shall be set back from the front street twenty-five (25) feet from the building line, and in addition all structures shall be set back from the side and rear property lines as follows:

Ten (10) feet for a one-story structure or building.

Fifteen (15) feet for a two-story structure or building.

Twenty-five (25) feet for a three-story building or structure.

Provided, however, that these measurements shall be determined by the number of stories contained in the townhouse unit closest to the applicable side or rear yard line.

Except as otherwise provided herein, all yard setbacks, parking lots, service and recreational areas shall be landscaped in a sound workmanlike manner according to accepted planting procedures with lawns, trees, shrubs or other similar landscaping plant materials. Such plant materials shall be insect and disease resistant and shall be maintained and groomed to be kept reasonably free of weeds, noxious pests and disease.

The site plan shall include schematic layouts for water, sanitary sewer, electric and any other easements required by the planning and zoning commission, the district water board and the city council.

Prior to approval of the final building permit, a declaration, a set of bylaws, rules and regulations and other restrictive and appropriate covenants shall be submitted to the city council so as to establish a homeowners association of all the common areas included on the approved site development plan.

Storage of boats, trailers, campers, furniture and other such items shall not be stored on the streets, parking area, drives or common area or carports.

All trash and garbage containers shall be contained behind a screening device, which shall be continuously maintained.

Within the townhouse project there shall be at least twenty (20) feet of separation or combined side yard between each townhouse building.