The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The words, terms, and phrases, when used in this article and not listed below shall have meanings ascribed in other section[s] of the Code of Ordinances.
Building
means a structure designed or built for the support, shelter, protection, housing, or enclosure of persons, animals, chattels, or property of any kind.
Building line
means an imaginary line, running parallel with applicable lot lines or street easement or roadway right-of-way lines, and beyond which no building or structure may be located other than: (1) Those minor encroachments administratively allowed by the mayor or designee; and (2) Fences, sidewalks, driveways, uncovered patios, or utility facilities placed by companies authorized to do so pursuant to franchise, license, or other authorization of the city or other governmental entity having jurisdiction thereover; provided, however, no fence shall be authorized beyond a front building line except as specifically authorized herein. In measuring a building line adjacent to a street easement or roadway right-of-way, the nearest boundary of the street easement or roadway right-of-way shall be used.
Local streets
mean local roadways that are typically be two way streets, one lane in each direction, with curbside parallel parking typically on both sides except for adjacent to intersections. This typical classification provides for minimal traffic flow accommodations. Refer to the City of Brookshire Thoroughfare Plan for street designations.
Masonry
means material including brick, stone, brick veneer, custom treated tilt wall, decorative or textured concrete block, split face block, and stucco. EIFS (exterior insulation and finish systems) shall be included within this definition only for the purposes of masonry trim.
Minor encroachment
means the administratively approved infringement to a building line as provided in this chapter.
Streets, collectors
mean roadways designed to connect local roadways and the network of arterial streets, providing access to neighborhoods and businesses. Collector streets are differentiated from arterial streets by their length and degree of access to adjacent development. Collector streets are typically contiguous across one or more arterial roadways, but not more than one or two miles in length. Driveway access onto collector roadways is not limited in commercial areas and on-street parking is sometimes allowed. Collector roadway cross sections can range from two-lane streets to three-lane sections for commercial areas. Collectors are classified into major collector and minor collector. Major collectors are those roadways designated as collector class in the Waller County Thoroughfare Plan. Refer to the City of Brookshire Thoroughfare Plan for street designations.
Streets, freeways
means the freeway network includes the interstate, U.S. and state highway roadways controlled by TxDOT. Limited access roadways are those that control access to the facility at designated locations, typically at other freeways and arterial streets. Refer to the City of Brookshire Thoroughfare Plan for street designations.
Streets, principal arterial roadways
means those streets that carry traffic across major segments of the city, with a primary function of throughput, rather than access. Driveway access onto principal arterials is often limited by spacing requirements, and parking is prohibited. Some principal arterials are on the TxDOT system of roadways (typically Farm to Market or FM roadways). Refer to the City of Brookshire Thoroughfare Plan for street designations.
Streets, major thoroughfare
see principal arterial roadways defined above. Refer to the City of Brookshire Thoroughfare Plan for street designations.
Streets, secondary arterials
means arterial roadways that also carry traffic across major segments of the city, with a primary function of throughput, rather than access. Driveway access onto minor arterials is not as constrained as on principal arterials, and parking is prohibited. Occasionally a TxDOT system roadway may meet the secondary arterial classification. Secondary arterials are defined as Thoroughfare class in the Waller County Thoroughfare Plan. Refer to the City of Brookshire Thoroughfare Plan for street designations.
Structure
means anything constructed or erected which requires location on the ground or is attached to something having a location on the ground, whether above, below, or at grade.
(Ordinance 02-375-8, § 1, adopted 6/6/2002; Ordinance 22-706-15, § 1, adopted 11/17/2022; Ordinance 23-716-15 adopted 8/3/2023)
(a) 
Building lines.
(1) 
Front.
The front building line shall not be less than 25 feet, except that where a lot faces a thoroughfare, collector, and freeway/tollway, the front building line shall not be less than 35 feet.
(2) 
Side, corner lots.
The building line on the side of a corner lot adjacent to a street shall not be less than 15 feet, except that where a lot sides on a thoroughfare, collector, and freeway/tollway, the building lines shall not be less than 25 feet.
(3) 
Side, interior.
The side building lines shall not be less than seven and one-half feet.
(4) 
Rear, generally.
The rear building line shall not be less than 25 feet, except where the rear property line abuts an alleyway, there shall be a minimum of 30 feet, between the buildings abutting said alleyway, provided that if the alleyway is a 20 feet wide alleyway, then the minimum rear building line shall be not less than five feet, and if the alleyway is a 15 feet wide alleyway, then the rear building line shall not be less than seven and one-half feet. In all cases, buildings must be constructed in relation to the rear property line so that there will at all times be 30 feet between the rear building lines.
(5) 
Rear, thoroughfares, collectors, and freeway/tollway.
The rear building line where a lot backs on a thoroughfare, collector, and freeway/tollway shall not be less than 25 feet.
(6) 
Zero-lot line.
If a zero-lot line is proposed in any development, and the wall adjoining the building line is constructed with materials giving it a four-hour firewall rating, then such building line may be zero, unless such wall abuts an existing single-family residence or street. No commercial building line shall be less than 25 feet on a side that abuts an existing single-family residence.
(7) 
Adjacent to single-family use.
No commercial, non-residential, or multi-family building line shall be less than 25 feet on a side that abuts an existing single-family residence.
Figure 1: Lot and Setback Requirements
(8) 
Minor encroachment. The mayor or designee may allow a minor encroachment to a building line if, in the mayor's or designee's sole opinion, the minor encroachment would not conflict with the intent of this chapter and would not require a variance. In making the determination regarding a minor encroachment, the mayor or designee shall use the standards for minor encroachments document on file with the city secretary.
(b) 
Off-street parking and design standards.
(1) 
All commercial, institutional, governmental, and industrial establishments in the city shall provide off-street parking as follows:
a. 
General. One space per 200 square feet for the ground floor level, and one space per 300 square feet for the second floor level and up. General use shall include post offices; community, welfare, and health centers; optical shops; medical appliance stores; catering services; barber and beauty shops; custom cleaning shops; self-service laundries; laundry or cleaning pickup and receiving stations; shoe repair, tailor, and custom sewing shops; travel bureaus; instructional art or art work studios; photography studios; inside retails sales stores; antique shops; retail food stores; bakery shops; book stores; camera shops; cigar-tobacco stores; clothing stores; drug stores; beverage stores; florist shops; pet shops; resale, hobby, and art supply stores; paint and wallpaper stores; appliance fix-it shops; tool and equipment rentals (inside display only); duplication shops; custom print shops; custom commercial engraving shops; retail stores that offer consumer goods for inside retail sales; and any other commercial activity having the same characteristics of the above and not otherwise listed below.
b. 
Restaurants, bars, lounges, taverns. One space per one hundred square feet (100 sqft) of floor area.
c. 
Drive-in restaurant. One space per 50 square feet of floor area, with a minimum of 12 spaces.
d. 
Lumber, brick, or building materials sales yard. One space per 200 square feet of retail floor area, plus one space per 1,000 square feet of site area exclusive of floor area.
e. 
Sports complex. One space per 40 square feet of seating area.
f. 
Day-care center. One space per 500 square feet of floor area.
g. 
Bowling alley. Six spaces per lane.
h. 
Theater, auditorium, or arena. One space for every three seats.
i. 
Sports club-health spa. One space per 200 square feet of floor area.
j. 
Hotel or motel. One space per guest room, office, and lobby.
k. 
Church. One space for every three seats in the sanctuary.
l. 
Elementary school. One space per 20 students.
m. 
Middle school. One space per 15 students.
n. 
High school. One space per three students.
o. 
College. One space per two students.
p. 
Bank or savings and loan. One space per 300 square feet of floor area.
q. 
General office. One space per 300 square feet of floor area.
r. 
Medical clinic or doctor's office. One space per 300 square feet of floor area.
s. 
Veterinarian. One space per 300 square feet of floor area.
t. 
Nursing or convalescent home. One space for every four beds, plus one space for each employee.
u. 
Hospitals. Three spaces for each bed.
v. 
Funeral home or mortuary. One space per 300 square feet of floor area, plus one space for each two seats in the chapel.
w. 
Library. One space per 500 square feet of floor area, with a minimum of ten spaces.
x. 
Feed store. One space per 600 square feet of floor area.
y. 
Swimming pool sales and supplies. One space per 200 square feet of floor area, plus one space per 1,000 square feet of outside sales area.
z. 
Equipment sales or rentals (outside display). One space per 200 square feet of floor area, plus one space for each 1,000 square feet of site area exclusive of buildings.
aa. 
Concrete cement, asphalt patching, or recycling plant. Five spaces.
bb. 
Furniture store. One space per 500 square feet of floor area.
cc. 
Automotive-related uses.
1. 
Automotive or motorcycle display, sales and service. One space per 200 square feet of floor area, with a minimum of five spaces.
2. 
Auto glass, muffler, or seat cover shops. One space per 200 square feet of retail floor area, plus one space per 500 square feet of service floor area, with a minimum of two spaces.
3. 
Auto parts sales (inside only). One space per 200 square feet of sales floor area, plus one space per 500 square feet of storage floor area.
4. 
Auto parts sales (outside display). One space per 500 square feet of site area exclusive of building, with a minimum of four spaces.
5. 
Auto repair garage, auto painting, or body shop. One space per 500 square feet of floor area, with a minimum of five spaces.
6. 
Service station. Three spaces for each service stall, plus one space for each employee on duty during largest shift.
dd. 
Residential—Two spaces for each residential unit.
ee. 
Other—General warehouse, wholesale, light industrial, open bulk storage, and manufacturing facilities shall provide the following parking and loading spaces:
1. 
One and three-quarter spaces per two employees on largest shift; plus one space per local driver, salesman, or service man; plus one space per each local company vehicle; or, one space per 800 square feet of gross floor space, whichever is greater.
2. 
One truck loading space at least 12 feet in width, 15 feet in length, and 14 feet of height clearance on the property for the first 5,000 square feet to 20,000 square feet of gross industrial or commercial floor area, plus one such truck loading space for each additional 20,000 square feet of gross industrial or commercial floor area, or part thereof.
(2) 
Off-street parking facilities shall be maintained and continued so long the main use continues.
(3) 
Conforming buildings and uses existing at the time of adoption of the ordinance from which this article is derived may be modernized, altered, or repaired without providing additional off-street parking, provided there is no increase in area or capacity.
(4) 
Where a conforming building or use existed at the time of the adoption of the ordinance from which this article is derived and such building or structure is enlarged or increased in capacity by adding floor area, volume, or seats, off-street parking as specified in this Code shall be provided for the additional floor area, volume, capacity, or seats so created or used.
(5) 
Whenever the use of a building or portion thereof changes, the new use shall meet the off-street parking requirements of this article prior to issuance of a certificate of occupancy or approval by the appropriate building inspectors.
(6) 
Off-street parking and loading areas shall be drained to prevent damage to abutting property, public streets, and alleys and shall be paved with either concrete cement or asphalt.
(7) 
Off-street parking and loading facilities shall be separated from walkways, sidewalks, streets, or alleys by a wall, fence, curbing, or other approved protection device in accordance with city specifications.
(8) 
Location and design of entrances and exits shall be in accordance with city specifications. Landscaping, curbing, or other barriers shall be provided along lot boundaries to control entrance and exits of vehicles or pedestrians.
(9) 
Minimum widths of interior drives shall be related to the angle of parking stalls and use of one-way or two-way traffic as follows:
Parking Angle (degree)
Width of Aisle (feet)
Traffic Direction
30
11
One-way
45
13
One-way
60
18
One-way
90
24
Two-way
(10) 
Required off-street parking areas shall have individual spaces marked by painted lines or curbs or other means to indicate individual spaces, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public or private street, walk, or alley, and so that any automobile may be parked and un-parked without moving another. Signs or markers shall be used as necessary to ensure that preservation of the natural features as well as the efficient traffic operation of the parking area.
(11) 
All streets and driveways shall be lighted at night with a minimum intensity of two foot-candles' illumination if off-street parking or loading facilities are to be used at night. The lighting shall be designed and installed to minimize glare on adjacent property.
(12) 
Where off-street parking spaces for ten or more automobiles are located closer than 40 feet to a lot which either contains an existing single-family residence or is platted for residential use and when such parking spaces are not entirely screened visually from such a lot by an intervening building or structure, there shall be provided along the lot line a continuous screen with a minimum height of six feet. Such screen shall consist of a solid wall or fence with landscaping as provided in chapter 44.
(13) 
For the purposes of this article, parking and loading space shall be on the same site and under the same ownership. Parking and loading spaces shall not be on other sites or under other ownerships.
(14) 
Each commercial and industrial structure erected or altered in the city shall be provided with off-street loading and unloading facilities as specified above.
(c) 
Computing parking space requirements.
(1) 
Where fractional spaces result, the minimum parking spaces requirements shall be rounded upward to the next largest whole.
(2) 
The parking space requirements for a use not specifically described above shall be calculated based upon the requirements for the most similarly described use.
(3) 
A parking analysis and tabulation shall be required on the site plan for each development and shall be a part of the site plan submittal. Each analysis shall include an explanation of applicable parking requirements (as a minimum, include occupancy classification type, building square footages, and number of employees), total parking spaces required, total parking spaces provided, required and provided Americans with Disabilities Act (ADA) accessible spaces, and required and provided Americans with Disabilities Act (ADA) van accessible spaces. When the director of public works, or designee, determines necessary, an additional traffic impact study may be required to determine the impacts of a development on the off-site public street system.
(4) 
For mixed uses, the parking space requirements shall equal the sum of the requirements of the various uses computed separately.
(5) 
Service areas provided exclusively for the occupants of a building, including cafeterias, auditoriums, etc., are excluded from the calculation of floor area for determining required parking if the director of public works, or designee, determines these areas do not require parking capacity.
(6) 
The term "floor area" means the entire area located within the outside dimensions of a building, and the outside dimensions of the building shall be used to calculate the size of the floor area.
(7) 
A parking space shall be a minimum of nine feet in width by 20 feet in length. Parking spaces shall not extend into the driving lanes, across property lines, or public right-of-way lines.
(8) 
Driving widths of interior drives shall be in accordance with section 50-20(b). Driveway maneuverability to and from parking spaces shall be provided on dead-end parking drive isles.
(d) 
Screening.
(1) 
All refuse containers contained on commercial establishments shall be screened by a six-foot opaque masonry fencing surrounded by a six-foot wide landscaped area consisting of shrubs (minimum five-gallon container) planted three feet on center and five feet at planting.
(2) 
All commercial establishments located adjacent to or adjoining an existing residential use shall be screened on all sides adjoining such residential use by a landscape buffer. Buffers shall be provided along all multi-family and non-residential development to buffer against single family and duplex residential developments. The buffer shall consists of a masonry screening fence, with a minimum height of six feet, located along the property line between two adjacent properties; and a 25 feet wide landscaped buffer with landscaping consisting of trees and shrubs. Shrubs (minimum five-gallon container) shall be planted at a height of 36 inches as measured from the surrounding soil line and at a minimum 36-inch spacing. Trees listed in chapter 44 with a minimum two-inch caliper measured five feet above the ground shall be provided with the total caliper inches equal to one inch for each 15 feet of length along the buffer.
(e) 
Nonconforming commercial establishments.
Commercial establishments lawfully existing and occupied within the city limits prior to the date of the ordinance from which this article is derived shall be allowed to continue and be maintained. No expansion or enlargement of these commercial establishments shall be allowed without full compliance with this article.
Example of Recommended Screening
(Ordinance 02-375-8, § 2, adopted 6/6/2002; Ordinance 22-693-15, § 2, adopted 2/17/2022; Ordinance 22-706-15, § 1, adopted 11/17/2022; Ordinance 23-716-15 adopted 8/3/2023)
(a) 
Building lines—single-family residential.
(1) 
Front.
The front building line shall not be less than 25 feet, except that where a lot faces a thoroughfare, collector, or a freeway/tollway, the front building line shall not be less than 35 feet.
(2) 
Side, corner lot.
The building line on the side of a corner lot adjacent to a street shall not be less than 15 feet, except that where a lot sides on a thoroughfare, collector, or a freeway/tollway, the building line shall not be less than 25 feet.
Figure 2: Site Landscaping and Buffers
(3) 
Rear, generally.
The rear building line shall not be less than 15 feet, except that where the rear property line abuts an alleyway, there shall be a minimum of 30 feet, between the buildings abutting said alleyway, provided that if the alleyway is a 20 feet wide alleyway, then the minimum rear building line shall be not less than five feet, and if the alleyway is a 15 feet wide alleyway, then the rear building line shall not be less than seven and one-half feet. In all cases, buildings must be constructed in relation to the rear property line so there will, at all times, be 30 feet between the rear building lines.
(4) 
Rear, arterial street.
The rear building line, where a lot backs on a thoroughfare, collector, or a freeway/tollway, shall not be less than 25 feet.
(5) 
Side, interior.
The side building lines shall not be less than seven and one-half feet.
(6) 
Zero-lot line.
In developments where zero-lot line permitted, if the wall adjoining the building line is constructed with materials giving it a four-hour firewall rating, then such building line may be zero, unless such wall abuts an existing single-family residence.
(7) 
Adjacent to single-family use.
No commercial building line shall be less than 25 feet on a side that abuts an existing single-family residence. (Refer to figure 1: lot and setback requirements in section 50-20)
(b) 
Building lines—Patio homes and garden homes.
(1) 
The living area, exclusive of garage, of any dwelling qualifying as a patio home, garden home, or similar designation, shall cover or occupy not less than 1,400 square feet of the lot surface on which such dwelling is constructed.
(2) 
Building lines shall meet the same requirements as for single-family lots above, except that the building line may be reduced to zero on one interior side that abuts another residential lot, with a minimum distance of ten feet between adjacent buildings on two separate lots.
(c) 
Building lines—Townhomes.
(1) 
Building lines shall meet the same requirements as for single-family lots above, except that the building line may be reduced to zero on one interior side that abuts another residential unit.
(2) 
Not more than eight residential units shall be permitted in a block.
(3) 
Minimum distance of 20 feet shall be required between blocks. (Refer to figure 1: lot and setback requirements in section 50-20)
(d) 
Driveways.
It shall be the duty of every owner or developer of residential real estate in the city, which real estate abuts any public street in the city, to cause a driveway to be constructed in accordance with the terms of this section. The dimensions of such driveway shall be no less than 12 feet wide, and may incorporate a 12 feet radius by 20 feet long. Driveways must be paved and no driveway shall be built of materials other than concrete or asphalt.
(e) 
Walkways.
It shall be the duty of every owner or developer of residential real estate in the city, which real estate abuts any public street in the city, to cause a paved walkway to be constructed in accordance with the terms of this section. The walkway shall extend to the front door of the residence and may abut either the street or the driveway. The dimensions of such walkway shall be no less than two feet and no greater than three feet.
(f) 
Nonconforming residences.
Residences lawfully existing and occupied within the city limits prior to the date of passage of the ordinance from which this article is derived shall be allowed to continue and be maintained. No expansion or enlargement of such existing residences shall be allowed without full compliance with the terms of this article.
(g) 
Limit of residence per lot.
Not more than one single-residence, duplex, or multi-family residence may be constructed per lot.
(h) 
Minor encroachment. The mayor or designee may allow a minor encroachment to a building line if, in the mayor's or designee's sole opinion, the minor encroachment would not conflict with the intent of this chapter and would not require a variance. In making the determination regarding a minor encroachment, the mayor or designee shall use the standards for minor encroachments document on file with the city secretary.
(Ordinance 02-375A-8, § 1, adopted 8/7/2003; Ordinance 05-472-9, § 1, adopted 12/1/2005; Ordinance 06-482-9, § 1, adopted 3/6/2006; Ordinance 19-658-14, § 1, adopted 4/25/2019; Ordinance 22-693-15, § 3, adopted 2/17/2022; Ordinance 22-706-15, § 1, adopted 11/17/2022; Ordinance 23-716-15 adopted 8/3/2023)
It shall be the duty of every owner or developer of property in the city to take reasonable steps inform the city staff and obtain appropriate approvals from the city prior to changing the designation of their property. The city council reserves its right under appropriate state law to regulate certain uses of land within the city and cause certain uses to be moved, abated, or eliminated.
(Ordinance 07-515-10, § 1, adopted 3/1/2007; Ordinance 22-706-15, § 1, adopted 11/17/2022)
(a) 
An applicant for a building permit may make written application to the city official for a variance from the requirements of this article. A completed application for a variance shall include:
(1) 
Completed application on form supplied by the city; and
(2) 
A nonrefundable fee as established by the city council from time to time.
(b) 
The application shall be reviewed by the city official. Within seven days of the date the application is accepted, the city official shall forward a copy of the application, together with the city official's report and recommendations regarding the proposed variance to the city secretary.
(c) 
The application and city official's report regarding the variance request shall be provided to the city council prior to the meeting at which the variance shall be considered.
(Ordinance 22-706-15, § 1, adopted 11/17/2022)
(a) 
The city council may consider and grant variances from the provisions of this article by majority vote of those members of the city council present and voting, when the city council determines that the following conditions exist:
(1) 
The imposition of the terms, rules, conditions, policies and standards of this article would deprive the owner or applicant of the property of reasonable use of the land or building;
(2) 
The circumstances supporting the granting of the variance are not the result of a hardship imposed or created by the applicant, and the general purposes of this article are observed and maintained;
(3) 
The intent of this article is preserved; and,
(4) 
The granting of such a variance will not be injurious to the public health, safety, or welfare.
(b) 
Any variance granted under the provision of this section will apply only to the specific property upon which the city council was requested to grant a variance by the applicant. All variances granted shall be in writing, shall be signed by the mayor, and maintained as a permanent record of the city.
(Ordinance 22-706-15, § 1, adopted 11/17/2022)
Any person who intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1-13. Each day of violation shall constitute a separate offense.
(Ordinance 22-706-15, § 1, adopted 11/17/2022)