For the purposes of this ordinance, the city is hereby divided
into ten (10) districts as follows:
|
(Residential Districts)
|
|
District R-1. Single-Family Residential District
|
|
District R-2. Mixed Residential District
|
|
District R-3. Manufactured Home Residential
|
|
(Mixed Residential and Commercial Districts)
|
|
District B-1. Local Business/Residential Mixed Use
District
|
|
District B-2. Commercial, Research and Technology
District
|
|
District B-3. Historical Central Business District
|
|
District B-4. Neighborhood Business District
|
|
(Exclusive Commercial District)
|
|
District I. Industrial
|
|
(Special Districts)
|
|
District PD. Planned Development District
|
|
District OL. Downtown Business/Residential Overlay
District
|
(Ordinance O-12-013, sec. 1, adopted 6/21/12; Ordinance O-17-006, sec. 1, adopted 7/6/17)
The official zoning map of the City of Brenham, incorporated
herein by reference, is hereby designated and established as a part
of this ordinance and shall be filed with the city secretary of the
City of Brenham and shall bear the signatures of the city secretary
and the mayor.
The boundaries of the various districts as enumerated in Section
1 above are hereby established as identified on said map. In interpreting
the official zoning map, the following rules shall apply:
(1)
The district boundaries are the centerlines of either streets, alleys,
other rights-of-way or waterways unless otherwise shown, and where
the district designated on the official zoning map is bounded approximately
by a street, alley or waterway, the centerline of said street, alley
or other rights-of way shall be construed to be the boundary of the
district.
(2)
Where the district boundaries do not coincide with the location of
streets, alleys, other rights-of-way or waterways but do coincide
with lot lines, such lot lines shall be construed to be the boundary
of such district.
(3)
If unsubdivided property, the district boundary lines on the official
zoning map shall be determined by use of the scale appearing on the
map.
(4)
Any property on the official zoning district map which does not have
a zoning district designation shall be temporarily classified as an
R-1 District. The procedure to be followed for adoption of permanent
zoning shall be as provided by law for the adoption of any zoning
amendment.
(5)
Where boundaries are indicated as approximately following city limits,
they shall be construed as following city limits.
Where uncertainty exists with respect to the boundaries of any
of the various districts as shown on the official zoning district
map, the conflict shall be resolved by utilizing the appeal power
of the board of adjustment as set forth in part iv, division 5 of
the zoning ordinance.
Except as hereinafter specifically provided:
(1)
No land shall be used except for a purpose permitted in the district
in which it is located.
(2)
No building shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, nor shall any building be used, except
for a use permitted in the district in which such building is located.
(3)
No building shall be erected, converted, enlarged, reconstructed
or structurally altered to exceed the height limit herein established
for the district in which such building is located.
(4)
No building shall be erected, converted, enlarged, reconstructed
or structurally altered except in conformity with the area regulations
of the district in which such building is located.
(5)
No building shall be erected, converted, enlarged, reconstructed
or structurally altered except in conformity with the off-street parking
and loading regulations of the district in which such building is
located.
(6)
The minimum yards, parking spaces, and open spaces, including lot
area per family dwelling unit, required by this ordinance of each
and every building existing at the time of passage of this ordinance
or for any building hereafter erected, shall not be encroached upon
or considered as part of the yard or parking space or open space required
for any other building, nor shall any lot area be reduced below the
requirements of this ordinance for the district in which such lot
is located.
Some uses are permitted in certain zoning districts only by
an ordinance passed specifically to permit the use. Said specific
use permits are necessary because the nature of the district and the
use is such that the exercise of planning judgement is needed relative
to the specific location of the use in order to avoid adverse impact
on neighboring properties.
(Sec. 6.01)
Procedure.
The procedure
for approval of a specific use permit includes notice, public hearings
and recommendation of the planning and zoning commission, the same
basic procedure prescribed for amendments to the zoning text and map
as provided in part III of this ordinance.
No special use permit shall be granted unless the applicant,
owner and grantee of the special use permit shall be willing to accept
and agree to be bound by and comply with the written requirements
of the special use permit, as attached to the site plan drawing (or
drawings) and approved by the planning and zoning commission.
A building permit shall be applied for and secured within six
(6) months from the time of granting the special use permit; provided,
however, that the city may authorize an extension of this time upon
recommendation by the planning and zoning commission.
The board of adjustment shall not have jurisdiction to hear,
review, reverse, or modify any decision, determination, or ruling
with respect to the granting, extension, revocation, modification
or any other action taken relating to such special use permit.
When the city council authorizes granting of a special use permit,
the zoning map shall be amended according to its legend to indicate
that the affected area has conditional and limited uses.
Public uses, such as parks, playgrounds or other public recreational
facilities, community buildings, utilities, police and fire stations,
and public elementary, middle or high schools that are owned and/or
operated by the municipality or other governmental jurisdiction are
not regulated by zoning, but with intragovernmental and intergovernmental
planning and coordination, such public uses should be located in the
zoning districts for which they are best suited. Public parks and
public elementary schools are considered appropriate for the R-1 and
R-2 districts. Generally, more intense public uses should avoid residential
neighborhoods where possible.
The zoning official may authorize the issuance of a temporary
permit for a period not in excess of one hundred eighty (180) days,
for construction offices and open storage of building materials upon
a construction site so long as such temporary uses meet all other
applicable codes and specifications of the City of Brenham.
Every building hereafter erected or structurally altered shall
be located on a lot as herein defined, and, except as hereinafter
provided, there shall not be more than one main building on one lot.
However, notwithstanding the minimum requirements for lot size within
the zoning districts of the City of Brenham, structures may be constructed,
built, moved, remodeled by expanding the size thereof, reconstructed,
occupied or used on a nonconforming lot of record platted prior to
the enactment of this ordinance, or any amendment hereto, provided
that all such structures shall meet all other applicable development
and use regulations for the zoning district in which the nonconforming
lot is located.
(Sec. 10.01)
Authorization.
Accessory
structures and uses are permitted in any zoning district in connection
with any principal use lawfully existing within such district, provided
that all accessory structures or uses shall meet the development regulations
for the zoning district in which the structure or use is located.
(Sec. 10.02)
Accessory structures, location and
regulation:
(1)
All detached accessory structures in any residential
district shall be located behind the closest point of the primary
structure to the front property line and shall have a side and rear
yard of not less than five (5) feet.
(2)
On a building lot having an area of less than one
(1) acre no accessory structure shall exceed the height of the principal
structure to which it is an accessory. Notwithstanding the provisions
of this section an amateur radio tower designed in conformance with
FCC regulations shall be permitted as an accessory use to a maximum
height of sixty (60) feet. This section shall not apply to accessory
dwelling units.
(3)
All accessory structures or uses shall be subordinate
to and supportive of the principal use and structure.
(4)
Additional standards pertaining to accessory dwelling
units (ADUs):
a)
Should the primary use be a single-family dwelling,
the property owner's primary residence shall be the single-family
dwelling or ADU.
b)
An ADU must be designed and constructed keeping
with the general architecture and building material of the principal
structure.
c)
An attached ADU shall be subject to the regulations
affecting the principal structure. A detached ADU shall have side
yards of not less than the required side yard for the principal structure
and rear yards of not less than ten (10) feet.
d)
One (1) on-site parking space, located to the side
or rear of the primary structure, shall be provided for the ADU in
addition to the required parking for the principal structure.
e)
The maximum habitable area of an ADU is limited
to either one-half (1/2) of the habitable area of the principal structure,
or one thousand (1,000) square feet, whichever is smaller.
f)
ADUs shall not be a HUD-code manufactured home or
mobile home.
(Ordinance O-19-012, sec. 3, adopted 3/7/19)
(Sec. 11.01)
Compliance required.
No land, structures or uses in any district of the City of Brenham shall create any dangerous, injurious, noxious, or otherwise objectionable fire, noise or vibration in violation of Chapter 17, Article V of the City of Brenham Code of Ordinances, air pollution, odorous matter, fire and explosive hazard material, toxic and noxious matter, vibration, open storage and glare in such an amount as to adversely affect the surrounding area or adjoining premises. In the event of conflict between any of the specific provisions or sections of this ordinance with regulations of the Environmental Protection Agency, the Occupational Health and Safety Administration and the Texas Natural Resource Conservation Commission, then the most restrictive provisions shall be deemed controlling. Permitted uses as set forth in this ordinance shall be undertaken and maintained only upon the condition that they conform to the regulations of this section.
(Sec. 11.02)
Standards.
The following
standards shall apply in the various zoning districts as set forth
below:
(1)
Open storage.
No open storage of
materials or commodities shall be permitted in any district except
as an accessory use to a main use in a B-2 (Business, Research and
Technology District) or an ID (Industrial District). The prohibition
against open storage set forth above does not apply to the display
and sale of automobiles, recreational vehicles, manufactured housing,
mobile homes, and/or boats if conducted as a principal or primary
use in a zoning district which specifically permits that type of enterprise.
In the B-2 or I District open storage operation shall not be
located in the front or on the side of a main building, unless it
is screened from adjacent residential uses and public rights-of-way
as provided below, except that a front or side yard that is adjacent
to public right-of-way may be used for open display and sale of retail
merchandise, if said use is an accessory use to a principal retail
use that is located and legally permitted in the B-2 District or the
I District. A front or side yard that is adjacent to public right-of-way
may by specific use permit be used for the open display and sale of
retail merchandise when said use of land is an accessory use to a
principal retail use located and legally permitted in the B-1 District.
In addition, automobile wrecking, junk or salvage yards where legally
permitted as a principal or primary use shall be screened as provided
below.
(Ordinance adopted 11/16/95; Ordinance O-23-028 adopted 10/19/2023)
(Sec. 12.01)
Purpose.
Landscaping
and bufferyards shall be required to separate different land uses
from each other in order to eliminate or minimize potential nuisances
such as dirt, litter, noise, glare of lights, signs and unsightly
buildings or parking areas, or to provide spacing to reduce adverse
impacts of noise, odor or danger from fires or explosions and to enhance
the aesthetic and visual image of the community.
(Sec. 12.02)
Responsibility for bufferyards.
When a permitted use is to develop adjacent to a legally existing
use that is a different category of permitted use than the new use,
or when an industrial use is to develop at any perimeter of an industrial
district that is adjacent to a residential district or a legally existing
residential use, then it shall be the responsibility of the developer
of the new use to add the additional land and screening necessary
to provide the required bufferyard in accordance with Table 3.
(Sec. 12.03)
Screening of bufferyards.
A screen consisting of a built device or evergreen hedge shall
be located at the boundary between the bufferyard and the different
use for which it is required as follows:
(1)
Screening device.
A screening device
shall consist of a barrier of stone, brick, pierced brick or block,
uniformly colored wood, or other permanent material of equal character,
density, and acceptable design, at least six (6) feet in height, where
the solid area equals at least sixty-five (65) percent of the wall
surface, including where applicable an entrance gate or gates. (Such
screening device shall be continuously maintained.)
(2)
Screening hedge.
An evergreen hedge
which shall be at least six feet in height when installed and properly
maintained.
(Sec. 12.04)
Landscaping of bufferyards.
To further minimize potential noise, drainage, glare or other
potential incompatibilities between the different uses, at least twenty
(20) percent of any bufferyard shall be landscaped, pervious surface,
said twenty (20) percent to be located at the outermost edge or perimeter
of the bufferyard. The remaining land constituting a bufferyard may
be used for on site parking provided it meets all applicable performance
standards.
|
Table 3: Bufferyard requirements1
| |||||||
|---|---|---|---|---|---|---|---|
|
New use category
|
Adjacent existing use category
| ||||||
|
SF
|
MF
|
MHP
|
R/O
|
O
|
LI
|
HI
| |
|
Single-Family (SF)
|
none
|
20
|
20
|
20
|
50
|
75
|
125
|
|
Multifamily (MF)
|
20
|
none
|
none
|
15
|
25
|
25
|
125
|
|
Mobile Home Pk. (MHP)
|
20
|
none
|
none
|
15
|
25
|
25
|
125
|
|
Retail sales & service/Office/Institutions (3 stories or
less)
|
20
|
15
|
15
|
none
|
none
|
25
|
50
|
|
(R/O)
| |||||||
|
Office 4-6 stories (O)
|
50
|
25
|
25
|
none
|
none
|
none
|
50
|
|
Light Industry (LI)
|
75
|
25
|
25
|
25
|
none
|
none
|
none
|
|
Heavy Industry (HI)
|
125
|
125
|
125
|
50
|
50
|
none
|
none
|
|
1Applicable bufferyard requirements
shall be added to the standard yard requirements for the district
in which the new use is located. If a public right-of-way is the only
land use between a proposed new use and an existing use in a different
use category, then the right-of-way width shall be credited to the
required bufferyard. Required screening of the bufferyard shall be
located on the property containing the new use. Where bufferyard requirements
are not applicable, then standard yard requirements must be maintained
as provided for the district in which the proposed use in located.
| |||||||
(Sec. 12.05)
Minimum landscaping requirements
for nonresidential and multiple-family uses.
(1)
For all nonresidential and multiple-family parcels an area equal
to fifteen percent (15%) of the developed area (building site) shall
be required to be landscaped area in accordance with the City of Brenham
Zoning Ordinance. Said landscaping shall be integrated into the design
of the parking area such that it will not create a traffic or safety
hazard by obscuring driver or pedestrian vision at the intersections
of walkways, driveways, collector lanes and streets or any combination
thereof.
(2)
Any development existing, occupied, and in use
at the time of passage of the ordinance from which this Section 12.05
is derived may continue to be so until such time the site undergoes
a change of use, change of ownership, change of tenant, voluntary
site improvement, structural alteration, relocation, or enlargement.
At that time, an area equal to eight percent (8%) of the developed
area (building site) shall be required to be landscaped in accordance
with the City of Brenham Zoning Ordinance.
(3)
In order to maximize the preservation of existing
trees, surveyed trees in good health that have a caliper of at least
four (4) inches measured six inches (6") from the ground may provide
credit towards the landscaping requirement. Each existing tree preserved
between four (4") and twelve (12") inches in diameter measured six
inches (6") from the ground may receive landscape credits for two
(2) trees. Each existing tree preserved greater than twelve (12")
inches in diameter measured six inches (6") from the ground may receive
a landscape credit for three (3) trees.
(4)
All required landscaping shall be irrigated by
either an underground sprinkler system, drip or micro irrigation system
or hose attachment within one hundred feet (100') of all landscaping.
(5)
A combination of trees, shrubs, and groundcover
and a mix of species shall be provided to meet the minimum landscape
requirement, no more than 50 percent (50%) of plantings may be from
the same species.
(6)
A landscape plan in accordance with Section 12
and applicable provisions of the City of Brenham Zoning Ordinance
shall be submitted and approved prior to issuance of a building permit
for such development. Landscape plans shall include location, size,
and species of all trees and vegetation to be planted or preserved,
layout and description of irrigation or water systems, and any other
landscape features. All required landscaping and irrigation approved
on the landscape plan shall be installed prior to issuance of a certificate
of occupancy.
(Sec. 12.06)
Parking lot minimum landscaping
requirements.
(1)
One (1) tree shall be located in a landscape island at the terminus
of all parking rows and shall be planted in a minimum permeable area
of one hundred (100) square feet per tree. The remainder of all parking
lot islands shall be fully landscaped with shrubs, grass, live groundcovers,
and/or non-vegetative groundcover.
(2)
A minimum of one (1) tree is required within 110'
of every parking space (one tree per every twelve (12) parking spaces).
(3)
Each parking stall in excess of the minimum required
parking shall be calculated as one and one-half stalls for purposes
of calculating the minimum required number of trees.
(4)
Tree wells/diamond planters shall be permitted
at the head of parking stalls and encroach into the parking space.
Minimum tree well dimensions shall be three feet (3') by three
feet (3').
(5)
Required trees shall generally be spread throughout
the parking lot but may be clustered for the purposes of existing
tree preservation or to accommodate topographic constraints.
(6)
Required trees shall be seven feet (7') tall
and two inches (2") in diameter when measured six inches (6") from
the ground. Fifty percent (50%) of required trees shall be canopy
(shade) trees, remaining trees may be non-canopy (ornamental) trees.
(7)
Dumpster enclosures with a minimum capacity of
two (2) cubic yards, shall provide a concrete pad at least six inches
(6") thick and solid fence screening on three (3) sides. Dumpsters
visible from the right-of-way or adjacent residential property, shall
be required to provide a solid screening fence on four (4) sides.
(8)
A decorative wall or landscaped earth berm at least
two feet (2') in height, or dense hedge having year-round foliage
at least three feet (3') in height at maturity, is required as
a visual buffer along street frontages in the following circumstances:
a.
Where outdoor parking areas are located within fifty
feet (50') of any street right-of-way, except for driveway openings
providing access from the street to the parking area;
b.
Where fuel pumps are located in any parking area,
driveway, or maneuvering area between the principal building and any
street; or
c.
Where a vehicle drive-up window faces a street.
(9)
Required landscaping shall be located so as to
be visible from public streets.
(Sec. 12.07)
Installation and maintenance. The
owner, tenant and agent, if any, shall be jointly and severally responsible
for installing and maintaining all landscaping in a healthy, neat
and orderly condition. Landscaping shall be sufficiently fertilized
and watered as necessary to maintain the plant material in a healthy
condition. Landscape areas shall be maintained so as to present a
healthy, neat, and orderly appearance at all times and shall be kept
free of refuse and debris. Dead trees or plants shall be replaced
no later than the earlier of:
(Ordinance O-19-025, sec. 1, adopted 8/15/19)
(Sec. 13.01)
Residential zoning districts.
No fences shall be constructed to a height in excess of eight
(8) feet. Fences eight (8) feet in height or less may be constructed
anywhere inside the property lines of a lot zoned residential, except
that within the front yard as defined in this ordinance, no fence
shall be higher than three and one-half (3-1/2) feet above the established
stret grades within twenty (20) feet of any street intersection, measured
at the property line. In the event that an easement is enclosed by
a fence permitted herein, then there shall be removable panel or gate
the width of the easement installed with the fence.
(Sec. 13.02)
Nonresidential zoning districts.
Fences may be located anywhere on a lot, subject to such conditions
and limitations as may be set by applicable codes and ordinances of
the City of Brenham. In the event that an easement is enclosed by
a fence permitted herein, then there shall be removable panel or gate
the width of the easement installed with the fence.
(Sec. 13.03)
Swimming pools in any zoning districts.
Private swimming pools in any district shall be enclosed by
a wall or fence at least six (6) feet in height with automatic locking
gates and as otherwise required in applicable ordinances of the City
of Brenham.
(Sec. 14.01)
Authorization.
A home
occupation shall be permitted in any residential dwelling unit, provided
that it is clearly incidental and subordinate to the use of the premises
for dwelling purposes and in conformance with the provisions below.
(Sec. 14.02)
Purpose.
To insure
the protection of the residential character of the neighborhood and
to insure that home occupations shall not interfere with the use of
surrounding homes as places of residence regulations are imposed on
the operation of home occupations.
Permitted home occupations shall include customary home occupations
such as the office of a milliner, dressmaker, musician or artist,
provided that such uses are located in the dwelling used by such a
person as his or her private residence, and provided that no assistant
not a member of the family residing on the premises is employed, and
no window display or sign is used to advertise the same. Additional
specific examples of permitted home occupations include, but are not
limited to:
(1)
Dressmaking, sewing, and tailoring:
(2)
Painting, sculpturing, or writing;
(3)
Telephone answering services;
(4)
Home crafts such as model making, rug weaving,
lapidary work, etc.;
(5)
Tutoring, limited to three (3) students at a time;
(6)
Computer programming;
(7)
Office, professional or service;
(8)
A home occupation day care facility shall be allowed
for a maximum of three (3) children. A home occupation state licensed
day care facility may have more than three (3) children with a maximum
of twelve (12) children with the approval of a specific use permit.
Existing state licensed home day care facilities with twelve (12)
or less children, that are in operation at the time of the effective
date of this section, may remain to operate as an existing nonconforming
use;
(9)
Garage sales at a residence whereby used merchandise
owned by the resident or other garage sale participant is sold on
an occasional basis not to exceed two (2) times per year.
(10)
Services performed by a beautician licensed by
the State of Texas.
(Sec. 14.03)
Limitations on home occupations.
A home occupation is a permitted
use in a residential neighborhood only if less than fifty (50) percent
of the floor space is allocated to the home occupation, is used by
a resident of the home where the home occupation is located and is
not described as a prohibited activity as provided below. However,
no home occupations including those described above shall be permitted
that does any of the following:
(1)
Changes the outside appearance of the dwelling;
(2)
Is visible from the street;
(3)
Generates traffic, parking, sewage, electrical,
or water use in excess of what is normal in the residential neighborhood;
(4)
Results in the off-street or on-street parking
of more than two (2) vehicles at any one time not owned by members
of the occupant family;
(5)
Creates a hazard to persons or property;
(6)
Results in electrical interference;
(7)
Is a nuisance;
(8)
Results in the outside storage or display of anything;
(9)
Includes employment within the home or on the premises
of persons other than members of the occupant family;
(Sec. 14.04)
The following are specifically prohibited
as home occupations:
(1)
Barber, beauty, and other personal service, unless
the provision of such services is conducted within the limitations
of a home occupation in section 14.03;
(2)
Animal hospitals, stables, or kennels;
(3)
Commercial Cryptocurrency Mining;
(4)
Server Farm;
(5)
Dance studios, schools;
(6)
Mortuaries;
(7)
Private clubs;
(8)
Repair shops;
(9)
Restaurants;
(10)
Automobile paint or repair shops;
(11)
Doctor, dentist, veterinarian, or other medically
related office;
(12)
Rooming/boarding/lodging house.
(Ordinance adopted 4/3/03, sec. I; Ordinance O-22-007 adopted 4/20/22)
Every building or part thereof erected or occupied for retail
business, service, manufacturing, storage, warehousing, hotel, mortuary,
or any other use similarly involving the receipt or distribution by
vehicles of material or merchandise, shall provide on the same premises
loading space in accordance with the following requirements.
(Sec. 15.01)
Location of required loading spaces.
(1)
No portion of a loading space may extend into a public right-of-way
or into a required off-street parking area.
(2)
No off-street parking or loading space shall be
located, either in whole or in part within any public right-of-way
or fire lane required by any ordinance of the city or within aisles,
driveway or maneuvering areas necessary to provide reasonable access
to any parking space.
(Sec. 15.02)
Designation and use.
Each loading space shall be designated as such and shall only be
used for loading purposes.
(Sec. 15.03)
Screening and design.
(1)
Where loading facilities are for a nonresidential
building that is adjacent to an existing residential use or is adjacent
to the boundary of a residential district, the loading spaces must
be located so that they are visually screened by an intervening building.
If this is not possible due to the parcel being of such a restricted
area, shape or slope that it cannot be screened by an intervening
building, then a screening wall or fence of wood or masonry construction
shall be erected of sufficient height to screen the loading facility
from view when standing at any point on a lot upon which a residential
structure is located or at any point on a lot which is zoned for single-family
residential use. Any screening wall or fence mandated by this section
is exempt from the height limitation on fences or walls contained
elsewhere in this ordinance, it being the intent of the city that
a screening device of sufficient height and character be erected to
fully screen the activity in question.
Off-street parking requirements are applicable to all zoning
districts within the City of Brenham, except the Historical Central
Business District.
(Sec. 16.01)
General provisions:
(1)
Driveways: Required parking spaces shall be all-weather
surfaced, off-street parking spaces and shall have direct access to
a public street or ally by a surfaced driveway with sufficient maneuvering
space to preclude the backing of any vehicle into any street right-of-way.
The following shall be minimum dimensions for the width of driveways:
(a)
One way: Twelve (12) feet.
(b)
Two way: Twenty-four (24) feet.
EXCEPTION: When the requirement for on-site spaces for nonresidential
uses is five (5) spaces or less, said spaces may be so arranged that
any vehicle may be backed into a public street right-of-way provided
that the street is classified as a local street (any street not listed
as a part of the "Major Roadway System" in the currently adopted City
of Brenham Comprehensive Plan.
EXCEPTION: The provisions pertaining to maneuvering space and
the prohibition of vehicles from backing into any street right of
way do not apply to single-family residential units or duplexes. Required
on-site parking spaces for single-family units (attached or detached)
and duplexes may be connected to a public street or alley by a surfaced
driveway of not less than nine (9) feet wide. If a segment of said
driveway is a minimum of nine (9) feet wide and a minimum of eighteen
(18) feet long and is completely inside the residential property line,
it may be counted as a required parking space.
(Sec. 16.02)
Minimum dimensions for off-street
parking.
All parking spaces and aisles shall meet the
minimum standards provided in Table 4a, Table 4b and subsections (1)
through (4) below.
 |
|
Table 4-a
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
PARKING SPACE AND AISLE DIMENSIONS (One-Way)
| |||||||||
|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
H
|
I
|
J
|
|
0°
|
—
|
22
|
8
|
—
|
—
|
10*
|
—
|
—
|
26
|
|
45°
|
9
|
14.1
|
21.1
|
30
|
17.6
|
10*
|
48.7
|
45.2
|
52.2
|
|
60°
|
9
|
11.5
|
22.3
|
25.7
|
19.8
|
14*
|
56.1
|
53.6
|
58.6
|
|
90°
|
9
|
10
|
19
|
20
|
—
|
24
|
—
|
—
|
62
|
|
A = PARKING ANGLE
|
|
B = STALL WIDTH
|
|
C = CURB LENGTH
|
|
D = STALL DEPTH
|
|
E = STALL LINE LENGTH
|
|
F = STALL DEPTH INTERLOCK
|
|
G = AISLE WIDTH
|
|
H = WALL TO INTERLOCK
|
|
I = INTERLOCK TO INTERLOCK
|
|
J = WALL TO WALL
|
|
*Aisle width dimension is for aisle of less than 150 feet in
length. Longer aisle will require aisle width to increase to 17 feet
to allow cars to pass.
|
|
TABLE 4-b
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
PARKING SPACE AND AISLE DIMENSIONS (Two-Way)
| |||||||||
|
A
|
B
|
C
|
D
|
E
|
F
|
K
|
L
|
M
|
N
|
|
0°
|
—
|
22
|
8
|
—
|
—
|
20
|
—
|
—
|
36
|
|
45°
|
9
|
14.1
|
21.1
|
30
|
17.6
|
20
|
58.7
|
55.2
|
62.2
|
|
60°
|
9
|
11.5
|
22.3
|
25.7
|
19.8
|
20
|
62.1
|
59.6
|
64.6
|
|
90°
|
9
|
10
|
19
|
20
|
—
|
24
|
—
|
—
|
62
|
|
A = PARKING ANGLE
|
|
B = STALL WIDTH
|
|
C = CURB LENGTH
|
|
D = STALL DEPTH
|
|
E = STALL LINE LENGTH
|
|
F = STALL DEPTH INTERLOCK
|
|
G = AISLE WIDTH
|
|
H = WALL TO INTERLOCK
|
|
I = INTERLOCK TO INTERLOCK
|
|
J = WALL TO WALL
|
(1)
When off-street parking facilities are located
adjacent to a public alley, the width of said alley may be assumed
to be a portion of the maneuvering space requirement ("G" and "K"
in Table 4a and 4b respectively).
(2)
Where off-street parking facilities are provided
in excess of the minimum amounts herein specified, or when off-street
parking facilities are provided but not required by this ordinance,
said off-street parking facilities shall comply with the minimum requirements
for parking and maneuvering space herein specified.
(3)
Circulation within a parking area with more than
one aisle shall be such that a vehicle need not enter the street in
order to reach another aisle within the same parking area. Dead-end
aisles are not permitted for parking spaces with angles greater than
zero (0) degrees and less than ninety (90) degrees unless adequate
turnarounds as approved by the city engineer are provided.
(4)
All parking spaces shall be clearly marked on the
pavement with yellow or white traffic paint or raised pavement markers
approved by the city engineer.
(5)
If a development requires ten (10) or more parking
spaces, up to ten percent (10%) of the required spaces may be designated
as compact car parking. Compact spaces shall be denoted as either
"compact cars only" or "compact parking" and shall be a minimum of
eight (8) feet by sixteen (16) feet.
(Sec. 16.03)
Rules for computing number of parking
spaces.
In computing the number of parking spaces required
for each of the above uses the following rules shall govern:
(1)
"Floor area" shall mean the gross floor area of
the specific use.
(2)
Where fractional spaces result, the parking spaces
required shall be construed to be the nearest whole number.
(3)
The parking space requirement for a use not specifically
mentioned herein shall be the same as required for a use of similar
nature.
(4)
Whenever a building or use constructed or established
after the effective date of this ordinance is enlarged in floor area,
number of employees, number of dwelling units, seating capacity or
otherwise, and said enlargement creates a need for an increase of
ten (10) percent or more in the number of existing parking spaces,
such spaces shall be provided on the basis of the enlargement. Whenever
a building or use existing prior to the effective date of this ordinance
is enlarged to the extent of fifty (50) percent or more in floor area
or in the area, said building or use shall then and thereafter comply
with the parking requirements set forth herein. Whenever a proposed
new permitted use is proposed for an existing structure or land area
and no enlargement of the structure or land area is proposed for said
use, then the occupant shall only be required to provide the maximum
number of required on-site parking spaces that can be arranged for
functional parking use on the space available on the subject lot provided
that the following conditions apply:
(a)
The full amount of required facilities cannot be
provided on the same lot or parcel of land as the structure because
existing structure(s) consume space that would otherwise be available
or [for] functional parking; and
(b)
The city engineer determines that on-street parking
in the area of the proposed use will not create a hazardous condition
or detrimentally affect traffic movements, based on the following
criteria pertaining to the adjacent street(s): (1) the adequacy of
adjacent street width, (2) compliance with street parking regulations
applicable to the adjacent street can be maintained, and (3) the volume
of traffic on the adjacent street(s) is sufficiently low to warrant
the provision of on-street parking.
(5)
In the case of mixed uses, the parking spaces required
shall equal the sum of the requirements of the various uses computed
separately.
(Sec. 16.04)
Location of parking spaces.
All parking spaces required herein shall be located on the same
lot with the building or use served, except as follows:
(1)
Where an increase in the number of spaces is required by a change
or enlargement of use or where such spaces are provided collectively
or used jointly by two (2) or more buildings or establishments, the
required spaces may be located not to exceed three hundred (300) feet
from an institutional building served and not to exceed five hundred
(500) feet from any other nonresidential building served.
(2)
Where parking spaces are required in connection
with a multifamily development, the required spaces may be located
on a site not to exceed three hundred (300) feet from the multifamily
dwelling.
(3)
Not more than fifty (50) percent of the parking
spaces required for (a) theaters, bowling alley, dance halls, nightclubs
or cafes, and not more than eighty (80) percent of the parking spaces
required for a church or school auditorium may be provided and used
jointly by (b) similar uses not nominally open, used or operated during
the same hours as those listed in (a); provided, however, that written
agreement thereto is properly executed and filed as specified below.
|
In any case where the required parking spaces are not located
on the same lot with the building or use served, or where such spaces
are collectively or jointly provided and used, a written agreement
thereby assuring their retention for such purposes shall be properly
drawn and executed by the parties concerned, approved as to form by
the city attorney and shall be filed with the application for a building
permit.
|
(Sec. 16.05)
Parking prohibitions in residential
districts.
In residential districts, no truck exceeding
1 1/2-ton capacity, no bus, no recreational vehicle, trailer,
boat, motor home or mobile home shall be parked or stored on a residential
lot in front of the existing front building line for more than seventy-two
(72) consecutive hours within a given week from Monday through the
following Sunday.
(Sec. 16.06)
Parking requirements based on use.
In all districts there shall be provided at the time any building
or structure is erected or structurally altered (except as provided
in subsection (16.03(4)), off-street parking spaces in accordance
with the following requirements:
(1)
Auto wrecking, junk or salvage yard: One space
per employee plus two (2) spaces per acre.
(2)
Bowling alley: Five (5) parking spaces for each
alley.
(3)
Business or professional office: See "Offices:
Business, Professional and Medical."
(4)
Banks: One space for every two hundred fifty (250)
square feet of gross floor area.
(5)
Brewery or distillery: One space per one thousand
(1,000) square feet of gross floor area.
(6)
Brewpub: One space per one thousand (1,000) square
feet of manufacturing area plus one space for every one hundred (100)
square feet of associated drinking and/or eating area on the premises.
(7)
Church or other place of worship: One parking space
for each four (4) seats in the main auditorium.
(8)
Community center, clubs, lodges, etc.: One space
per three hundred (300) square feet of gross floor area.
(9)
Dance hall, assembly or exhibition hall without
fixed seats: One parking space for each fifty (50) square feet of
floor area used thereof.
(10)
Dwelling units:
(a)
Single-family dwelling units: Two (2) parking spaces
for each dwelling unit.
(b)
Duplexes, triplexes and fourplexes: Two (2) parking
spaces for each dwelling unit.
(c)
Mobile or manufactured home: Two (2) spaces per
dwelling unit.
(d)
Dwelling, townhouses and zero lot line houses:
Two (2) parking spaces per dwelling unit.
(e)
Dwelling, multifamily (apartments or condominiums)
with more than four dwelling units per residential building:
Efficiency or one bedroom: One and one-half (1-1/2) spaces per
dwelling unit.
Two bedrooms: Two (2) spaces per dwelling unit plus 0.50 per
each additional bedroom over two (2).
Guest parking: Ten (10) percent of total required spaces.
(11)
Fraternity, sorority, or dormitory: One and one-half
(1-1/2) parking space for each sleeping room.
(12)
Hospital: One space per bed plus one space per
five hundred (500) square feet of gross floor area of emergency room
and outpatient care where applicable.
(13)
Hotel: One parking space for each sleeping room
or suite plus the number of spaces required by this section for any
restaurant or other facility contained therein.
(14)
Kindergarten and nursery schools: One space per
ten (10) children enrolled plus one space per employee.
(15)
Library, museum, or art gallery: One space per
four hundred (400) square feet of gross floor area or 10 spaces, whichever
is greater.
(16)
Manufacturing or industrial establishments, research
or testing laboratory, creamery, bottling plant, printing, or plumbing
shop, or similar establishment: One parking space for each six hundred
fifty (650) square feet of floor area.
(17)
Microdistillery or craft distillery: One space
per one thousand (1,000) square feet of gross floor area.
(18)
Mortuary or funeral home: One parking space for
each fifty (50) square feet of floor space in slumber rooms, parlors
or individual funeral service rooms or one space for every five (5)
seats in the auditorium or chapel, whichever is greater.
(19)
Motor vehicle salesroom and used car lot: One
parking space for each three hundred (300) square feet of sales floor
and one space for every two thousand five hundred (2,500) square feet
for outside paved storage/display area.
(20)
Offices, business or professional: One space per
three hundred (300) square feet of gross floor area or three (3) spaces,
whichever is greater.
(21)
Offices, medical: One space per two hundred fifty
(250) square feet of gross floor area.
(22)
Private club, lodge, country club or golf club:
One parking space for each one hundred fifty (150) square feet of
floor area or for every five (5) members, whichever is greater.
(24)
Restaurant, nightclub, cafe, fast food restaurant
or similar recreation or amusement establishment: One parking space
for each one hundred (100) square feet of floor area or one space
for every four seats, whichever is greater.
(25)
Retirement village: One and one-half (1-1/2) space
per residential unit and one space for each three (3) beds in nursing
home facility where applicable.
(26)
Rooming or boardinghouse: One and one-half (1-1/2)
parking space for each two (2) sleeping rooms.
(27)
Sanitarium, convalescent home, home for the aged,
nursing home or similar institution: One parking space for each three
(3) beds.
(28)
School, elementary: One parking space for each
ten (10) seats in the auditorium or main assembly room, or one space
for each classroom, whichever is greater.
(29)
School, junior high and middle: One parking space
for each eight (8) seats in the main auditorium or three (3) spaces
for each classroom, whichever is greater.
(30)
School, high school and college: One space per
four (4) students.
(31)
Theater, auditorium (except school), sports arena,
stadium, or gymnasium: One parking space for each four (4) seats or
bench seating spaces.
(32)
Tourist court, cabin or motel: One parking space
for each sleeping room or suite.
(33)
Wholesaling, warehousing and distribution uses:
One space per one thousand (1,000) square feet of gross floor area.
(Ordinance O-18-008, sec. 2, adopted 8/16/18; Ordinance O-19-025, sec. 2, adopted 8/15/19)
(Sec. 17.01)
Height.
(1)
The height regulations prescribed herein shall
not apply to television and radio towers, church spires, belfries,
monuments, tanks, water and fire towers, stage towers, or scenery
lofts, cooling towers, ornamental towers and spires, chimneys, elevator
bulkheads, smokestacks, conveyors, flagpoles, electric display signs
and necessary mechanical appurtenances.
(2)
Public or semipublic service buildings, hospitals,
institutions or schools, where permitted, may be erected to a height
not exceeding sixty (60) feet and churches and other places of worship
may be erected to a height not exceeding seventy-five (75) feet when
each of the required yards are increased by one foot for each foot
of additional building height above the height regulations for the
district in which the building is located.
(3)
No structure may be erected to a height in excess
of that permitted by the regulations of such airfield zoning ordinance
as may exist at the time and whose regulations apply to the area in
which the structure is being erected.
(Sec. 17.02)
Front yards.
(1)
In the event that the configuration of the ground
is such that conformity with the front yard provisions of this ordinance
would work a hardship, the board of adjustment may permit modifications
of the front yard requirements.
(2)
In the event that a proposed new residential structure(s)
faces an existing public street, the minimum front yard depth shall
be determined by computing the average distance between the outermost
surface of the existing principal buildings on the two (2) abutting
lots and the street line or in the event that the proposed new residential
structure(s) is on a corner lot, then the minimum front yard depth
shall be no less than the front yard of the existing principal building
on the adjacent interior lot.
(3)
In a residential district no fence, structure,
or planting higher than three and one-half (3-1/2) feet above the
established street grades shall be maintained within twenty (20) feet
of any street intersection, measured at the property line.
(4)
Open and unenclosed terraces or porches and eave
and roof extensions including roof extensions of carports may project
into the required front yard for a distance not to exceed four (4)
feet; provided, however, that no supporting structure for such extensions
may be located within the required front yard. An unenclosed canopy
fora automobile service stations may extend beyond the building line
but shall never be closer to the property line than twelve (12) feet.
The building line of a said station shall mean the actual wall of
the building and shall not be interpreted as being the curb of a walk
or driveway or as the front of a canopy or the columns supporting
same.
(5)
Where an official line has been established for
future widening or opening of street upon which a lot abuts, then
the depth of a front or width of a side yard shall be measured from
such official line to the building line.
(Sec. 17.03)
Side yards:
(1)
On a reverse frontage interior or corner lot, the
width of the yard along the side street shall not be less than any
required front yard on the same side of such street between intersecting
streets; provided, however, that the buildable width of a lot of record
shall not be reduced to less than thirty (30) feet.
(2)
For the purpose of side yard regulations, a two-family
dwelling or multifamily dwelling shall be considered as one building
occupying one lot.
(3)
Where a lot of record at the time of the effective
date of this section 17.03 is less than fifty (50) feet in width the
required side yard may be reduced to provide a minimum buildable width
of thirty (30) feet, provided, however, that no side yard shall be
less than five (5) feet.
(4)
The area required in a yard shall be open to the
sky, unobstructed except for the ordinary projections of window sills,
belt courses, cornices or other ornamental features.
(5)
A roof overhang, an open fire escape or an outside
stairway may project not more than three (3) feet into a required
side yard, but no closer than three (3) feet to a property line.
(Sec. 17.04)
Reserved.
(Sec. 17.05)
Lots on arterial streets.
The building setback line shall not be closer than twenty-five
(25) feet from the side of a lot which abuts an arterial street.
(Ordinance O-14-005, sec. 1, adopted 2/6/14; Ordinance O-19-007, sec. 1, adopted 2/7/19; Ordinance O-19-012, sec. 4, adopted 3/7/19)
(Sec. 18.01)
Authorization.
Food
truck parks shall be permitted as a specific use within the appropriate
business districts as outlined in division 2 of this ordinance and
in accordance with the following:
(Sec. 18.02)
Food truck park site development
standards.
A site plan shall be approved in accordance with Appendix A - Zoning, Part II, Division 1, Section 6 - Specific Uses, and the requirements outlined herein.
(1)
A designated seating area shall be provided for
patrons.
(2)
Accessible restroom facilities shall be provided
within a permanent structure. Temporary or portable toilet facilities
are not permitted.
(3)
A minimum of two (2) parking spaces shall be provided
for each food truck site provided within the food truck park.
(4)
Mobile kitchens shall not park in required parking
stalls, rather they shall be located on a designated paved surface.
(5)
There shall be at least fifteen (15) feet of unobstructed
clearance between all individual mobile kitchens parked side-by-side
and all permanent or accessory structures and five (5) feet of unobstructed
clearance between all individual mobile kitchens parked end-to-end.
(6)
A dumpster with a minimum capacity of two (2) cubic
yards, a concrete pad at least six (6) inches thick and solid screening
fence shall be provided.
(7)
Communal grease disposal station shall be provided
on-site within a completely screened enclosure.
(8)
Landscaping and bufferyard requirements shall be met in accordance with Appendix A - Zoning, Part II, Division 1, Section 12 - Landscaping and Buffering.
(9)
No mobile kitchen nor any associated seating areas
or restroom facilities shall be located in the required landscape
buffer yard.
(10)
Mobile kitchens conducting business at a food
truck park shall have current vehicular registration and shall be
in a suitable operating condition for transit.
(11)
All activity must occur on private property, outside
of the public right-of-way.
(12)
Vehicular drive-thru service of food and/or beverages
shall be prohibited.
(13)
Electrical service shall be provided to the mobile
kitchen by a permitted electrical connection. The use of on-board
generators shall be prohibited.
(14)
The municipality may without warning, notice,
or hearing, revoke any permit to operate a mobile kitchen if the holder
of the permit, person in charge, or the operation of the food establishment
does not comply with the requirements of the Brenham Code of Ordinances
or if the operation of the food establishment otherwise constitutes
an immediate hazard to public health.
(Ordinance O-21-030 adopted 11/4/21)
(Sec. 1.01)
Purpose.
The R-1 Residential
District is established to maintain and protect the integrity of low
density, single family residential neighborhoods. The R-1 Residential
District would be characterized by the zoning requirements set forth
in this section.
(Sec. 1.02)
Permitted uses:
(1)
Single-family detached dwelling units, but not
including mobile or manufactured homes as defined in this ordinance.
(2)
Temporary buildings for uses incidental to construction
work on the premises, which buildings shall be removed upon the completion
or abandonment of construction work.
(3)
Accessory buildings and uses, customarily incidental
to the above uses and located on the same lot therewith, not involving
the conduct of a retail business.
(a)
The term "accessory use" shall include customary
home occupations, provided said home occupations are conducted with
the limitations as set forth in part II, division 1 of this ordinance.
(b)
A billboard, signboard, or advertising sign shall
not be permitted as an accessory use, except that the placing of an
unilluminated "For Sale" or "For Rent" sign not more than eight (8)
square feet in area may be permitted as an accessory use, and except
that churches and other institutions may display signs showing names,
activities and services therein provided, and that during construction
of a building one unilluminated sign advertising contractors or architects
on such premises shall be permitted, provided that such sign shall
not be more than eight (8) square feet in area and shall be set back
of the established or customary building line, and such sign shall
be removed immediately upon completion of the building.
(Sec. 1.03)
Specific uses:
(1)
Accessory dwelling unit.
(2)
Churches and related auxiliary uses, including
educational or philanthropic uses.
(3)
Country clubs or golf courses, but not including
miniature golf courses, driving ranges or similar forms of commercial
amusement.
(4)
Private and accredited elementary and secondary
schools.
(5)
Farms, nurseries or truck gardens, limited to the
propagation and cultivation of plants, provided no retail or wholesale
business is conducted on the premises, and provided further that no
poultry or livestock other than normal household pets shall be housed
within one hundred (100) feet of any property line.
(Sec. 1.04)
Height regulations.
No building shall exceed thirty-five (35) feet or two and one-half
(2-1/2) stories in height.
(Sec. 1.05)
Area regulations:
(1)
Size of yards:
(a)
Front yard:
There shall be a front
yard having a depth of not less than twenty five (25) feet. Where
lots have double frontage, running through from one street to another,
the required front yard shall be provided on both streets.
(b)
Side yard:
There shall be a side
yard on each side of the lot having a width of not less than ten (10)
feet. A side yard adjacent to a side street shall not be less than
fifteen (15) feet. (Note: This is removed since nonresidential uses
are not going to be allowed in R-1.)
(c)
Rear yard:
There shall be a rear
yard having a depth of not less than twenty-five (25) feet.
(2)
Size of lot:
(a)
Lot area:
No building shall be constructed
on any lot of less than seven thousand (7,000) square feet.
(b)
Lot width:
The width of the lot shall
be not less than sixty (60) feet at the front street building line,
nor shall its average width be less than sixty (60) feet.
(c)
Lot depth:
The average depth of the
lot shall not be less than one hundred fifteen (115) feet, except
that a corner lot, having a minimum width of not less than eighty
(80) feet, may have an average depth of less than one hundred fifteen
(115) feet provided that the minimum depth is no less than ninety
(90) feet.
(d)
Legally existing nonconforming lots:
Where a lot having less area, width, and/or depth than herein required
existed in separate ownership upon the effective date of this ordinance,
the above regulations shall not prohibit the erection of a one-family
dwelling thereon.
(3)
Lot coverage:
In no case shall more
than fifty-five (55) percent of the total lot area be covered by the
combined area of the main buildings, accessory buildings and other
impervious surfaces.
[1]
In the event that new development is adjacent to a use that
falls within a different use category, a bufferyard shall be added
to the applicable yard regulations (Part II, Division 1, Section 12,
Table 3)
(Sec. 1.06)
Parking regulations.
Off-street parking spaces shall be provided in accordance with the
requirements for specific uses set forth in part II, division 1, section
16 of this ordinance.
(Ordinance O-19-012, secs. 5, 6,
adopted 3/7/19)
(Sec. 2.01)
Purpose.
The R-2 Mixed
Residential District is established to protect and restore where necessary
the integrity of historically residential neighborhoods. The R-2 Residential
District will be characterized by the zoning requirements set forth
in this section.
(Sec. 2.02)
Permitted uses:
(1)
Any permitted use in district "R-1."
(2)
Cluster housing in accordance with cluster housing
development provisions of the subdivision ordinance of the City of
Brenham.
(3)
Group residential uses as provided by state law,
such as "family homes."
(4)
Multifamily dwellings, including dormitories for
students and fraternity or sorority houses, on sites of less than
two (2) acres.
(5)
Dwelling, Two-family (duplex), but not including
mobile homes or manufactured homes.
(6)
Single-family attached dwellings, (townhouses)
in accordance with townhouse development provisions of the subdivision
ordinance of the City of Brenham.
(7)
Zero lot line housing development, in accordance
with zero lot line development provisions of the Subdivision Ordinance
of the City of Brenham.
(8)
Accessory dwelling unit.
(9)
Accessory buildings and uses, customarily incidental to the
above uses and located on the same lot therewith, but not involving
the conduct of a retail business.
(10)
Twin homes. Single-family attached dwelling of two units on
separate adjacent lots that share a common interior wall and property
line. Each twin home unit is platted on a separate lot.
(Sec. 2.03)
Specific uses:
(1)
Bed and breakfast house.
(2)
Churches and related auxiliary uses, including
educational or philanthropic uses.
(3)
Country clubs or golf courses, but not including
miniature golf courses, driving ranges or similar forms of commercial
amusement.
(4)
Multifamily development, including dormitories
for students and fraternity or sorority houses, that meets the standard
density requirements for the R-2 District, and that is proposed for
a development site of two (2) acres or more.
(5)
Private and accredited elementary and secondary
schools.
(6)
Retirement villages with site areas of two (2)
acres or more.
(Sec. 2.04)
Height regulations.
No building shall exceed forty (40) feet or two and one-half (2-1/2)
stories in height, except that a multifamily (apartment) building
shall not exceed forty-five (45) feet or three (3) stories in height.
(Sec. 2.05)
Area regulations:
(1)
Single-family detached units.
(a)
Size of yards:
(i)
Front yard.
There shall be a front
yard having a depth of not less than twenty-five (25) feet. Where
lots have double frontage, running through from one street to another,
the required front yard shall be provided on both streets.
(ii)
Side yard.
There shall be a side
yard on each side of the lot having a width of not less than ten (10)
feet. A side yard adjacent to a side street shall not be less than
fifteen (15) feet.
(iii)
Rear yard.
There shall be a rear
yard having a depth of not less than twenty-five (25) feet.
(b)
Size of lot:
(i)
Lot area.
No building shall be constructed
on any lot of less than seven thousand (7,000) square feet.
(ii)
Lot width.
The width of the lot
shall not be less than sixty (60) feet at the front street building
line, nor shall its average width be less than sixty (60) feet.
(iii)
Lot depth.
The average depth of
the lot shall not be less than one hundred fifteen (115) feet, except
that a corner lot, having a minimum width of not less than eighty
(80) feet, may have an average depth of less than one hundred fifteen
(115) feet, provided that the minimum depth is no less than ninety
(90) feet.
(iv)
Legally existing nonconforming lots.
Where a legally existing lot having less area, width and/or depth
than herein required existed under separate ownership upon the effective
date of this ordinance, the above regulations shall not prohibit the
erection of a one-family dwelling thereon, or a two-family dwelling
on a lot containing not less than five thousand (5,000) square feet.
(c)
Lot coverage:
In no case shall more
than fifty-five (55) percent of the total lot area be covered by the
combined area of the main buildings, accessory buildings and other
impervious surfaces, excluding pools.
(2)
Single-family attached units (townhomes)
(a)
Minimum site area.
The minimum area
for townhouse development shall be nine thousand (9,000) square feet.
(b)
Size of yards:
(i)
Front yard.
There shall be a front
yard having a depth of not less than twenty (20) feet, and a front
yard [width] of not less than thirty (30) feet adjacent to all major
streets.
(ii)
Side yard.
No side yard shall be
required, except where contiguous townhomes are separated, a minimum
of ten (10) feet shall be maintained between the separated units and
on corner lots a minimum of fifteen (15) feet shall be maintained
between the building line and the side lot line of the corner lot.
(iii)
Rear yard.
A rear yard of fifteen
(15) feet shall be maintained for all attached townhome units, except
that a rear yard of not less than twenty-five (25) feet shall be maintained
where adjacent to a major street.
(c)
Size of lots:
(i)
Lot area.
No building shall be constructed
on any lot of less than three thousand (3,000) square feet.
(ii)
Lot width.
The width of the lot
shall be not less than thirty (30) feet at the front street building
line, nor shall its average width be less than thirty (30) feet.
(iii)
Lot depth.
The average depth of
the lot shall not be less than one hundred (100) feet.
(iv)
Legally existing nonconforming lots.
Where a legally platted lot for townhomes having less area, width,
and/or depth than herein required existed upon the effective date
of this ordinance, the above regulations shall not prohibit the erection
of a single-family attached or detached unit thereon, provided the
applicable setbacks as provided above shall be maintained.
(d)
Lot coverage:
In no case shall more
than eighty (80) percent of the total lot area be covered by the combined
area of the main buildings, and accessory buildings and other impervious
surfaces, excluding pools.
(e)
Utility access:
All utilities shall be located
adjacent to a public or private all-weather surface. Utility layouts
shall be approved by the General Manager of Public Utilities or designee
prior to approval of civil plans.
(3)
Dwelling, two-family (duplex): Two (2) single-family
attached units.
(a)
Minimum site area.
The minimum area
for a duplex development is six thousand (6,000) square feet.
(b)
Size of yards:
(i)
Front yard.
There shall be a front
yard having a depth of not less than twenty-five (25) feet.
(ii)
Side yard.
A minimum of ten (10)
feet shall be maintained between the exterior building line and side
lot line. On corner lots a side street setback of fifteen (15) feet
shall be maintained between the building line and the side lot line
of the corner lot.
(iii)
Rear yard.
A rear yard of twenty
(20) feet shall be maintained for all attached home units, except
that a rear yard of not less than twenty-five (25) feet shall be maintained
where adjacent to a major street.
(c)
Size of lots:
(i)
Lot area.
Duplex units shall not
be constructed on any lot of less than six thousand (6,000) square
feet.
(ii)
Lot width.
The width of the lot
shall be not less than sixty (60) feet at the front street building
line, nor shall its average width be less than sixty (60) feet.
(iii)
Lot depth.
The average depth of
the lot shall not be less than one hundred (100) feet.
(d)
Lot coverage:
In no case shall more
than sixty (60) percent of the total lot area be covered by the combined
area of the main buildings, and accessory buildings and other impervious
surfaces, excluding pools.
(4)
Twin homes:
Single-family attached
units on individual lots.
(a)
Minimum site area.
The minimum area
for twin home development shall be six thousand (6,000) square feet.
(b)
Size of yards:
(i)
Front yard.
There shall be a front
yard having a depth of not less than twenty-five (25) feet.
(ii)
Side yard.
A minimum of ten (10)
feet shall be maintained between the exterior building line and the
side lot line. On corner lots, a minimum side street setback of fifteen
(15) feet shall be maintained between the building line and the side
lot line of the corner lot.
(iii)
Rear yard.
A rear yard of twenty
(20) feet shall be maintained for all attached home units, except
that a rear yard of not less than twenty-five (25) feet shall be maintained
where adjacent to a major street.
(c)
Size of lots:
(i)
Lot area.
No twin home unit shall
be constructed on any lot of less than three thousand (3,000) square
feet.
(ii)
Lot width.
The width of the lot
shall be not less than thirty (30) feet at the front street building
line, nor shall its average width be less than thirty (30) feet.
(iii)
Lot depth.
The average depth of
the lot shall not be less than one hundred (100) feet.
(iv)
Legally existing nonconforming lots.
Where a legally platted lot for twin homes having less area, width,
and/or depth than herein required existed upon the effective date
of this ordinance, the above regulations shall not prohibit the erection
of a single-family attached or detached unit thereon, provided the
applicable setbacks as provided above shall be maintained.
(d)
Lot coverage:
In no case shall more
than sixty (60) percent of the total lot area be covered by the combined
area of the main buildings, and accessory buildings and other impervious
surfaces, excluding pools.
(5)
Zero lot line (patio homes):
(a)
Minimum site area.
The minimum area
for patio home development shall be twelve thousand (12,000) square
feet.
(b)
Size of yards:
(i)
Front yard.
There shall be a front
yard having a depth of not less than twenty (20) feet.
(ii)
Side yard.
A side yard of ten (10)
feet shall be maintained adjacent to one property line, except that
a side yard where the side yard is adjacent to a plat boundary that
is contiguous to a standard single family subdivision, said side yard
shall be ten feet. Adjacent to public streets, a side yard of not
less than fifteen (15) feet is required.
(iii)
Rear yard.
A rear yard of fifteen
(15) feet shall be maintained. There shall be a rear yard of not less
than twenty-five (25) feet adjacent to all major streets.
(c)
Size of lots:
(i)
Lot area.
No building shall be constructed
on any lot of less than four thousand (4,000) square feet.
(ii)
Lot width.
The width of the lot
shall not be less than forty (40) feet at the front building line
nor shall its average width be less than forty (40) feet.
(iii)
Lot depth.
The average depth of
the lot shall not be less than one hundred (100) feet.
(iv)
Legally existing nonconforming lots.
Where a legally platted lot for patio homes having less area, width,
and/or depth than herein required existed upon the effective date
of this ordinance, the above regulations shall not prohibit the erection
of a single family detached unit thereon, provided the applicable
setbacks as provided above shall be maintained.
(d)
Lot coverage.
In no case shall more
than sixty (60) percent of the total lot area be covered by the combined
area of the main buildings, and accessory buildings and other impervious
surfaces, excluding pools.
(e)
Openings prohibited.
Openings are
prohibited on the zero-lot line side. The wall of the dwelling located
on the lot line shall have no windows, doors, air conditioning units,
or any other type of openings; provided, however, that atriums or
courts shall be permitted on the zero-lot line side when the court
or atrium is enclosed by three (3) walls of the dwelling unit and
a solid wall of at least eight (8) feet in height is provided on the
zero-lot line. Said wall shall be constructed of the same material
as exterior walls of the unit.
(6)
Multifamily units (apartments):
(a)
Minimum site area.
The minimum site
for multifamily development shall be six thousand (6,000) square feet.
(b)
Size of yards:
(i)
Front yard.
There shall be a front
yard having a depth of not less than twenty-five (25) feet.
(ii)
Side yard.
There shall be a side
yard of not less than fifteen (15) feet, including, but not limited
to, side yards adjacent to public streets.
(iii)
Rear yard.
A rear yard of fifteen
(15) feet shall be maintained. There shall be a rear yard of not less
than twenty-five (25) feet adjacent to all major streets.
(c)
Size of lots:
(i)
Lot area.
There shall be a minimum
of two thousand (2,000) square feet of lot area per multifamily dwelling
unit.
(ii)
Lot width.
The width of the lot
shall not be less than fifty (50) feet at the front building line
nor shall its average width be less than fifty (50) feet.
(iii)
Lot depth.
The average depth of
the lot shall not be less than one hundred (100) feet.
(d)
Lot coverage:
In no case shall more
than seventy-five (75) percent of the total lot area be covered by
the combined area of the main buildings, and accessory buildings and
other impervious surfaces.
[1]
In event that new development is adjacent to a use that falls
within a different use category, a bufferyard shall be added to the
applicable yard regulations (Part II, Division I, Section 12, Table
3).
(Sec. 2.06)
Parking regulations.
Off-street parking spaces shall be provided in accordance with the
applicable requirements for specific uses set forth in part II, division
I, section 16 of this ordinance.
(Ordinance adopted 4/17/97, sec. 3; Ordinance O-19-012, sec.
7, adopted 3/7/19; Ordinance O-23-028 adopted 10/19/2023)
(Sec. 2.1.01)
Purpose.
The R-3 Manufactured
Home Residential District is established to provide locations for
manufactured homes, manufactured home parks and manufactured home
subdivisions.
(1)
Manufactured home shall mean a structure, constructed
on or after June 15, 1976, according to the rules of the United States
Department of Housing and Urban Development, transportable in one
(1) or more sections, which, in the traveling mode, is at least eight
(8) body feet in width or at least forty (40) body feet in length,
or, when erected on site, is at least three hundred twenty (320) square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems of the home. The term does not
include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g),
(2)
A mobile home shall mean a structure that was constructed before June 15, 1976,
transportable in one (1) or more sections, which, in the traveling
mode, is at least eight (8) body feet in width or at least forty (40)
body feet in length, or, when erected on site, is at least three hundred
twenty (320) square feet, and which is built on a permanent chassis
and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning, and electrical systems of
the home. Mobile home structures are prohibited within the corporate
limits of the City of Brenham.
(Sec. 2.1.02)
(Sec. 2.1.03)
Specific uses:
(1)
Accessory dwelling unit.
(2)
Bed and breakfast house.
(3)
Churches and related auxiliary uses including educational
and philanthropic uses.
(4)
Country clubs or golf courses, but not including
miniature golf courses, driving ranges or similar forms of commercial
amusement.
(5)
Multifamily development, including dormitories
for students and fraternity and sorority houses that meet the standard
density requirement for the R-3 District and that is proposed for
a development site of two (2) acres or more.
(6)
Private and accredited elementary and secondary
schools.
(7)
Retirement villages with sites of two (2) acres
or more.
(Sec. 2.1.04)
Height regulations.
No building shall exceed forty (40) feet or two and one-half (2-1/2)
stories in height, except that a multifamily (apartment) building
shall not exceed forty-five (45) feet or three (3) stories in height.
(Sec. 2.1.05)
Area regulations:
(5)
Manufactured home parks:
(a)
Minimum site area:
The minimum site
area for a manufactured home park shall be four (4) acres.
(b)
Size of lots:
Each manufactured home
in a manufactured home park shall have not less than five thousand
(5,000) square feet of gross area per mobile home site.
(c)
Size of yards:
(i)
Front yard:
There shall be a front
yard of twenty (20) feet measured from the edge of pavement to the
outermost point of the side(s) of the manufactured home that faces
the pavement. All structures in a manufactured home park shall be
set back a minimum of thirty (30) feet from any existing public street
right-of-way that abuts the park.
(ii)
Side
yard:
There shall be a minimum clearance of twenty (20)
feet between manufactured homes that are parked end-to-end or side-to-side.
(iii)
Rear yard:
There shall be a minimum clearance of twenty
(20) feet between manufactured homes that are parked end to end or
side to side.
(d)
Lot coverage:
In no case shall more
than sixty (60) percent of the total lot area be covered by the combined
area of the manufactured home plus accessory buildings, attachments
or carports.
(6)
Manufactured home subdivisions:
(a)
Minimum site area:
The minimum site
area for a manufactured home subdivision shall be four (4) acres.
(b)
Size of yards:
(i)
Front yard:
There shall be a front
yard having a depth of not less than twenty (20) feet. Double frontage
lots shall be prohibited.
(ii)
Side
yard:
There shall be one side yard having a width of
not less than five (5) feet. The combined widths of the lot's
two side yards shall not be less than twenty (20) feet.
(iii)
Rear yard:
There shall be a rear yard having a depth
of not less than twenty (20) feet.
(c)
Distance between manufactured homes:
Manufactured homes shall be so located on each lot that there shall
be at least twenty (20) feet separation between the homes.
(d)
Size of lots:
|
Single-Wide Lots
|
Double-Wide Lots
| |
|---|---|---|
|
Minimum lot area:
|
6,000 s.f.
|
6,000 s.f.
|
|
Minimum lot width:
|
50 ft.
|
70 ft.
|
|
Minimum lot depth:
|
120 ft.
|
86 ft.
|
(e)
Subdivision density ratio:
No less
than sixty (60) percent of the total number of lots in a manufactured
home subdivision shall be designed for double-wide homes. The remaining
lots may be designed for single-wide homes.
(f)
Lot coverage:
In no case shall more
than sixty (60) percent of the total lot area be covered by the combined
area of the manufactured home, accessory building, and other impervious
surfaces, excluding pools.
[1]
In the event that new development is adjacent to a use that
falls within a different use category, a buffer yard shall be added
to the applicable yard regulations (Part II, Division 1, Section 12,
Table 3).
(Sec. 2.1.06)
Parking and loading regulations:
(a)
Off-street parking and loading spaces shall be
provided in accordance with the requirements for specific uses set
forth in Part II, Division 1, Section 15 and Section 16 of the Zoning
Ordinance.
(Sec. 2.1.07)
Screening and fencing regulations:
(a)
As provided in Part II, Division 1, Section 12
and Section 13 of the Zoning Ordinance.
(Ordinance adopted 4/17/97, sec. 2; Ordinance adopted 4/1/99, sec. 1; Ordinance O-12-14, sec. 2, adopted 6/21/12; Ordinance O-19-012, sec. 8, adopted 3/7/19)
(Sec. 3.01)
Purpose.
The B-1 Local
Business/Residential Mixed Use District is established as a medium
density, mixed use district in order to provide convenient locations
for neighborhood shopping and for affordable moderate density multifamily
housing with easy access to transportation routes and neighborhood
shopping. To ensure compatibility of diverse uses within the district,
development shall conform to applicable performance standards as set
forth in this chapter, part II, division 1.
(Sec. 3.02)
Permitted uses:
|
(Residential uses)
| ||
|
(1)
|
Accessory dwelling units.
| |
|
(2)
|
Any permitted use in R-2.
| |
|
(3)
|
Bed and breakfast house.
| |
|
(4)
|
Boarding and lodging houses.
| |
|
(5)
|
Multifamily development, including dormitories for students
and fraternity or sorority houses on a development site of two (2)
acres or more.
| |
|
(Nonresidential uses)
| ||
|
(1)
|
Amusement, entertainment and fitness facilities, including bowling
alleys, cinemas, health clubs, outdoor amusement, pool halls and private
swim, tennis or similar clubs.
| |
|
(2)
|
Automobile parts sales, new or rebuilt (over the counter).
| |
|
(3)
|
Automobile parking lots (commercial).
| |
|
(4)
|
Bakeries, retail sales only.
| |
|
(5)
|
Banks, thrifts and similar financial institutions.
| |
|
(6)
|
Bowling alleys, and other similar places of entertainment or
amusement.
| |
|
(7)
|
Churches and other institutions of a religious, educational,
charitable or philanthropic nature, but not a penal or mental institution.
| |
|
(8)
|
Cinemas and theaters for the performing arts.
| |
|
(9)
|
Clinics limited to outpatient care.
| |
|
(10)
|
Dancing or music academies.
| |
|
(11)
|
Florist shops or greenhouses.
| |
|
(12)
|
Frozen food lockers, for individual or family use.
| |
|
(13)
|
Hotels and motels.
| |
|
(14)
|
Laundries, self-service.
| |
|
(15)
|
Mortuaries.
| |
|
(16)
|
Pet shops, retail.
| |
|
(17)
|
Offices and office buildings, including, but not limited to,
medical offices and office buildings.
| |
|
(18)
|
Personal service uses including barbershops, beauty parlors,
photographic or artist studios, messengers, taxicabs, newspaper or
telegraphic service stations, dry cleaning and pressing, dressmaking,
tailoring, shoe repairing, repair of household appliances, bicycles
and lawnmowers, catering, restaurants, and other personal service
uses of a similar character.
| |
|
(19)
|
Retail stores, general sales and service, and other local business
uses supplying the everyday shopping needs of immediate neighborhood
and subject to the following conditions:
| |
|
|
(a)
|
That it be conducted wholly within an enclosed building.
|
|
|
(b)
|
That required yards not be used for display, sale or storage
of merchandise, except as provided by specific use permit in the B-1
District.
|
|
|
(c)
|
That required yards not be used for the storage of vehicles,
equipment, containers or waste material.
|
|
|
(d)
|
That all merchandise be sold on or from the premises to retail
customers.
|
|
(20)
|
Restaurants and cafeterias with or without drive-through or
drive-in service.
| |
|
(21)
|
Shopping centers less than three (3) acres.
| |
|
(22)
|
Public facility entry monument sign as provided in Chapter 21, Signs, of the Code of Ordinances, City of Brenham, Texas.
| |
|
(23)
|
Upholstering shops, not involving furniture manufacturing.
| |
|
(24)
|
Accessory buildings and uses customarily incident to any of
the above uses, provided that such uses meet applicable performance
standards as set forth in part II, division 1 of this ordinance.
| |
(Sec. 3.03)
Specific uses:
(1)
Automobile service stations, including quick-lubes and windshield
repair shops.
(2)
Automobile (car) wash.
(3)
Automobile detail shop.
(4)
Any extension or enlargement of floor area occupied by a legally
existing nonconforming use, provided that said enlargement does not
include an increase in the land area that is occupied at the time
of the effective date of this ordinance.
(6)
Food truck park.
(7)
Hospitals, acute or chronic care or nursing and convalescent
homes or medical clinics and assisted living facilities.
(8)
Open (outdoor) display or storage of retail merchandise as an
accessory use to uses permitted in the B-1 District.
(9)
Private clubs on a site of three (3) acres or more.
(10)
Radio broadcasting towers and stations.
(11)
Retirement villages with site areas of two (2) acres or more.
(12)
Shopping centers, retail stores, general sales and services
on a site of three (3) acres or more.
(Sec. 3.05)
Area regulations:
(2)
Nonresidential uses:
(a)
Size of yards:
(i)
Front yards:
There shall be a front
yard having a minimum depth of twenty-five (25) feet.
(ii)
Side yard:
A side yard of not less
than fifteen (15) feet in width shall be provided on the side of a
lot adjoining a side street. Otherwise, no side yard is required,
except as required for bufferyards.
(iii)
Rear yard:
A rear yard of not less
than ten (10) feet in depth shall be provided, except as required
for buffer yards.
(b)
Size of lot:
(i)
Lot area:
No nonresidential building
shall be constructed on any lot of less than five thousand (5,000)
square feet.
(ii)
Lot width:
The width of the lot
shall not be less than fifty (50) feet at the front building line
nor shall its average width be less than fifty (50) feet.
(iii)
Lot depth:
The average depth of
the lot shall not be less than one hundred (100) feet.
(iv)
Legally existing nonconforming lots:
Where lots having less area, width, and/or depth than herein required
existed in separate ownership upon the effective date of this ordinance,
the above regulations shall not prohibit the erection of a nonresidential
building thereon, provided the applicable setbacks as provided above
shall be maintained.
(c)
Lot coverage:
In no case shall more than eighty
(80) percent of the total lot area be covered by the combined area
of the main buildings, and accessory buildings and other impervious
surfaces.
[1]
In the event that new development is adjacent to a use that
falls within a difference use category, a bufferyard shall be added
to the applicable yard regulations (Part II, Division 1, Section 12,
Table 3).
(Sec. 3.06)
Parking and loading regulations.
Off-street parking and loading spaces shall be provided in accordance
with the requirements for specific uses set forth in part II, division
1, section 15 and section 16 of this ordinance.
(Sec. 3.07)
Screening and fencing regulations.
As provided in part II, division 1, section 12 and section 13
of this ordinance.
(Ordinance adopted 10/3/96, sec. 3; Ordinance adopted 4/17/97, sec. 2; Ordinance O-19-012, sec. 9, adopted 3/7/19; Ordinance O-19-018, sec. 1, adopted 6/20/19; Ordinance O-21-018, sec. 2, adopted 9/2/21; Ordinance O-21-030 adopted 11/4/21)
(Sec. 4.01)
Purpose.
The B-2 District
is established as a mixed use district to preserve and to protect
appropriate locations for existing light industry. It is also designed
to include new hightech commercial uses such as technical laboratories,
computer centers, engineering/operations and research facilities that
will benefit from direct access and/or close proximity to highway
routes, while providing safe and convenient locations for multifamily
uses through the strict enforcement of performance standards.
(Sec. 4.02)
Permitted uses:
|
(Residential uses)
| ||
|
(1)
|
Multifamily, including dormitories for students and fraternity
or sorority houses on sites of two (2) acres or more.
| |
|
(2)
|
Reserved.
| |
|
(3)
|
Retirement villages with site areas of two (2) acres or more.
| |
|
(4)
|
Accessory residential uses.
| |
|
(Nonresidential uses)
| ||
|
(1)
|
Permitted uses in B-1.
| |
|
(2)
|
Apparel and other products assembled from finished textiles.
| |
|
(3)
|
Automobile/vehicular uses (including boats, mobile home, motorcycles,
motor homes, camper trailers, and other vehicles) such as:
| |
|
|
(a)
|
Paint and body shops or upholstery shops.
|
|
|
(b)
|
Automobile (car) wash.
|
|
|
(c)
|
Parts sales.
|
|
|
(d)
|
Service stations.
|
|
|
(e)
|
Repair and service garage.
|
|
|
(f)
|
Tire sales.
|
|
|
(g)
|
Vehicular sales and rentals.
|
|
|
(h)
|
Vehicular storage.
|
|
(4)
|
Bakeries, wholesale.
| |
|
(5)
|
Building material storage yards or lumber yards.
| |
|
(6)
|
Brewpub and microdistillery or craft distillery.
| |
|
(7)
|
Candy and jewelry manufacturing.
| |
|
(8)
|
Carpentry, painting, tinsmithing or welding shops.
| |
|
(9)
|
Cemeteries.
| |
|
(10)
|
Cleaning, dyeing plants and laundry.
| |
|
(11)
|
Creamery, ice cream manufacturing and dairy operations.
| |
|
(12)
|
Drugs and pharmaceutical products manufacturing.
| |
|
(13)
|
Educational institutions (private).
| |
|
|
(a)
|
Business and trade schools.
|
|
|
(b)
|
Accredited elementary and secondary schools.
|
|
|
(c)
|
Colleges and universities.
|
|
(14)
|
Electronic products manufacturing.
| |
|
(15)
|
Farm implement display and salesroom.
| |
|
(16)
|
Hospitals, acute and/or chronic care, nursing homes or convalescent
homes, assisted living facilities and medical clinics.
| |
|
(17)
|
Mini-storage lots, enclosed.
| |
|
(18)
|
Plumbing shops for retail or wholesale distribution of fixtures,
fittings and bathroom accessories, and similar uses involving stone,
clay and blocks, etc. that require outside storage generally as permitted
in the B-2 District (see applicable performance standards in Part
II, Division 1, Section 11(5), Open Storage).
| |
|
(19)
|
Printing, engraving and newspaper plants.
| |
|
(20)
|
Private clubs on a site of three (3) acres or more.
| |
|
(21)
|
Research, development labs and offices.
| |
|
(22)
|
Retirement villages on site areas of two (2) acres or more.
| |
|
(23)
|
Radio or television broadcasting towers and stations or studios.
| |
|
(24)
|
Shopping centers, retail stores, general sales and services,
on a site of three (3) acres or more.
| |
|
(25)
|
Upholstering shops which may involve furniture manufacturing.
| |
|
(26)
|
Veterinarian or animal hospital.
| |
|
(27)
|
Wholesale establishments and warehouses.
| |
|
(28)
|
Uses similar to the abovementioned permitted uses, provided
activities conducted observe applicable performance standards as provided
in Part II, Division 2 of this ordinance.
| |
|
(29)
|
Accessory buildings and uses customarily incident to any of
the above uses, provided that such uses observe applicable performance
standards as provided in Part II, Division 2 of this ordinance.
| |
(Sec. 4.04)
Height regulations:
(1)
No residential or nonresidential building shall exceed fifty-two
(52) feet or four (4) stories.
(2)
No residential or nonresidential building shall
exceed fifty-two (52) feet or four (4) stories.
(3)
Broadcasting and communication towers shall be
limited to one hundred fifty (150) feet in height.
(Sec. 4.05)
Reserved.
(Sec. 4.06)
Area regulations (applicable to multifamily
residential and nonresidential lots):
(1)
Size of yards:
(a)
Front yard:
For all uses permitted
in this district, there shall be a front yard having a minimum depth
of twenty-five (25) feet.
(b)
Side yard:
For multifamily uses,
an interior side yard of not less than ten (10) feet is required,
except as required for bufferyards. For nonresidential uses, no interior
side yard is required, except as required for bufferyards. For all
uses permitted in this district, a side yard of not less than fifteen
(15) feet in width shall be provided on the side of a lot adjoining
a side street.
(c)
Rear yard:
For all uses permitted
in this district, a rear yard of not less than ten (10) feet in depth
shall be provided, except as required for buffer yards.
(2)
Size of lot:
(a)
Lot area:
No nonresidential building
shall be constructed on any lot of less than five thousand (5,000)
square feet. There shall be a minimum of one thousand eight hundred
(1,800) square feet of lot area per multifamily dwelling unit in this
district.
(b)
Lot width:
The width of any lot shall
not be less than fifty (50) feet at the front building line nor shall
its average width be less than fifty (50) feet.
(c)
Lot depth:
The average depth of any
lot shall not be less than one hundred (100) feet.
(d)
Legally existing nonconforming lots:
Where lots having less area, width, and/or depth than herein required
existed in separate ownership upon the effective date of this ordinance,
the above regulations shall not prohibit the erection of a nonresidential
building thereon, provided the applicable setbacks as provided above
shall be maintained.
(3)
Lot coverage:
In no case shall more than eighty-five
(85) percent of the total lot area be covered by the combined area
of the main buildings, and accessory buildings and other impervious
surfaces.
[1]
*All new multifamily development is subject to bufferyard
requirements as provided in Part II, Division 1, Section 12, Table
3.
(Sec. 4.07)
Parking and loading regulations.
Off-street parking and loading spaces shall be provided in accordance
with the requirements for specific uses set forth in Part II, Division
I, Sections 15 and 16 of this ordinance.
(Sec. 4.08)
Screening and fencing regulations.
As provided in Part II, Division I, Section 12 and Section 13
of this ordinance.
(Ordinance adopted 4/17/97, sec. 4; Ordinance O-12-14, sec.
3, adopted 6/21/12; Ordinance
O-18-008, sec. 3, adopted 8/16/18; Ordinance O-21-030 adopted 11/4/21)
(Sec. 5.01)
Purpose.
The B-3 Historical
Central Business District is established to encourage a mix of commercial,
office, service and governmental uses while preserving the historical/commercial
character of this unique district
(Sec. 5.02)
Permitted uses:
|
(Residential)
|
|
Residential uses that occupy upper level space over ground level
retail space in commercial buildings.
|
(Nonresidential)
(1)
Any nonresidential permitted use in B-1.
(2)
Arts and crafts studios and retail sales.
(3)
Restaurants, delicatessens and cafeterias without drive-through
or drive-in services.
(4)
Radio or television broadcasting station or studio.
(5)
Uses similar to the abovementioned permitted uses, provided
activities conducted observe the requirements of all city ordinances.
(6)
Accessory buildings and uses customarily incident to any of
the above uses, provided that such uses meet applicable performance
standards as set forth in Part II, Division I of this ordinance.
(Sec. 5.03)
Specific uses:
(1)
Automobile service stations.
(3)
Food truck park.
(4)
Hospitals, acute and/or chronic care or nursing homes and assisted
living facilities.
(5)
Shopping centers or commercial retail, office, mixed use developments
occupying three (3) acres or more.
(6)
Multifamily developments of one acre or more.
(Sec. 5.04)
Height regulations.
No residential or nonresidential building shall exceed forty (45)
feet or three (3) stories.
(Sec. 5.06)
Lot coverage:
No limitations.
(Sec. 5.07)
Parking and loading regulations.
The provisions contained in Part II, Division I, Sections 15
and 16 hereof shall not be applicable to central business district.
It is the policy of the city council of the city to encourage
not only new development within the Historical Central Business District,
but to strongly encourage redevelopment and reuse of existing structures
within this area. Existing development patterns preclude the reasonable
anticipation that new development or in the alternative redevelopment
and reuse of existing structures could be undertaken in a commercially
viable manner if off-street parking spaces had to be constructed by
each property owner. Thus in order to ensure that sufficient off-street
parking spaces are available to support new development or redevelopment
within the District, the City of Brenham has determined that for any
new construction and/or reconstruction or redevelopment of property
within the District, the off-street parking requirements of the municipal
zoning ordinance may be complied with in either of the following manners:
(1)
A property owner may choose to meet its requirements
for providing onsite off-street parking spaces by actually constructing
onsite spaces under the terms and conditions of the zoning ordinance.
(2)
In the event that a property owner determines that
it is not feasible to construct onsite parking spaces as required
under the terms and conditions of the zoning ordinance, the property
owner may choose to pay a fee in lieu of constructing actual off-street
parking spaces. The property owner will be required to provide the
number of spaces called for in the zoning ordinance based upon the
type of use envisioned for the property. A property owner may choose
to contribute an amount established by city council for each space
required that shall be deposited into a Historical Central Business
District parking escrow fund by paying these funds to the office of
the city secretary for deposit into that fund. All funds placed in
this account shall be used by the City of Brenham to acquire property
and develop it as public parking facilities within or immediately
adjacent to the Historical Central Business District of the City of
Brenham. The city may also utilize money from this fund to improve
existing parking facilities by resurfacing them, installing landscaping
and/or street furniture or other amenities deemed appropriate by the
city council.
(Sec. 5.08)
Screening and fencing regulations.
As provided in Part II, Division I, Section 12, and Section
13 of this ordinance.
(Ordinance O-21-030 adopted 11/4/21)
(Sec. 6.01)
Purpose.
The B-4 Neighborhood
Business District is established to encourage a mix of commercial,
office, service, residential and governmental uses while preserving
the historical/commercial character of this unique district.
(Sec. 6.02)
Permitted uses:
|
(Residential)
|
|
Residential uses that occupy upper level space above ground
level in nonresidential buildings.
|
(Nonresidential)
(1)
Amusement and entertainment.
(2)
Apparel and other products assembled from finished textiles.
(3)
Arts and crafts studios.
(4)
Automobile parking lots.
(5)
Bakeries (retail and wholesale).
(6)
Banks/depository institutions (not including payday lenders
or express loans).
(7)
Bed and breakfast house.
(8)
Brewpub and microdistillery or craft distillery.
(9)
Distillery and brewery.
(10)
Artisan works and goods design, production and sales.
(11)
Performing arts venues.
(12)
Dancing or music academies and studios.
(13)
Museums or galleries.
(14)
Florist shops or greenhouses.
(15)
Food and beverage production, sales and bottling works.
(16)
Musical instruments assembly and manufacture design, production
and sales.
(17)
Offices.
(18)
Open (outdoor) display or storage of retail merchandise as an
accessory use to uses permitted in the B-4 District.
(19)
Printing and/or engraving and newspaper plants and shops.
(20)
Radio or television broadcasting station or studios for recording,
film or photography.
(21)
Eateries, restaurants, coffee shops, ice cream parlors not including
drive-thru.
(22)
Retail stores, general sales and service, and other local business.
(23)
Fitness facilities (personal and small group training only).
(Sec. 6.04)
Height regulations.
No residential or nonresidential building shall exceed forty (45)
feet or three (3) stories.
(Sec. 6.05)
Area regulations.
No
limitations except where bufferyards are required.
(Sec. 6.06)
Lot coverage.
No limitations.
(Sec. 6.07)
Lot coverage.
Parking
and loading regulations.
(1)
No on-site off street parking is required for nonresidential
uses.
(2)
Any use change to a residential use will require
compliance with residential on-site parking requirements if any portion
of the living space for the new residential use is located on the
first floor of the building.
(3)
All types of residential use having any portion
of the living space located on the first floor of the building shall
comply with residential on-site parking requirements; this requirement
shall not apply to buildings used for mixed residential and nonresidential
use having the residential living space located exclusively on the
second and/or third floor and nonresidential use only located on the
first floor.
(4)
Mixed use buildings with residential living space
located on the second and/or third floor will not require compliance
with residential on-site parking requirements.
(Sec. 6.08)
Screening and fencing regulations.
As provided in Part II, Division 1, Section 12, and Section
13 of this ordinance.
(Ordinance O-17-006, sec. 3, adopted 7/6/17; Ordinance O-18-005, sec. 1, adopted 4/19/18; Ordinance O-18-008, sec. 4, adopted 8/16/18; Ordinance O-21-030 adopted 11/4/21)
(Sec. 7.01)
Purpose.
The district
is established to provide for any industrial use that can meet applicable
performance standards in areas that are mostly removed from existing
residential and other commercial uses, but that provide good access
to major transportation routes. The regulations of this district are
intended to provide for the placement of any lawful industrial use
that is in strict compliance with performance standards as provided
in this ordinance.
(Sec. 7.02)
Permitted uses.
Generally
uses are permitted within the district as follows:
|
(Light industrial uses)
| |
|
(1)
|
Any use permitted in any of the forementioned districts, excluding
structures to be used as dwelling units.
|
|
(2)
|
Bottling works.
|
|
(3)
|
Brewery and distillery.
|
|
(4)
|
Contractor's yard.
|
|
(5)
|
Glass products, from previously manufactured glass.
|
|
(6)
|
Household appliance products assembly and manufacture from prefabricated
parts.
|
|
(7)
|
Industrial and manufacturing plants including the processing
or assembling of parts for production of finished equipment where
the process of manufacturing or treatment of materials is such that
only a nominal amount of dust, odor, gas, smoke, or noise is emitted
and not more than ten (10%) percent of the lot or tract is used for
the open storage of products, materials, or equipment.
|
|
(8)
|
Musical instruments assembly and manufacture.
|
|
(9)
|
Plastic products manufacture, but not including the processing
of raw materials.
|
|
(10)
|
Sporting and athletic equipment manufacture.
|
|
(11)
|
Testing and research laboratories.
|
|
(12)
|
Textile mill products manufacturing.
|
|
(Heavy industrial uses)
| |
|
(1)
|
Acid manufacture.
|
|
(2)
|
Cement, lime, gypsum or plaster of paris manufacture.
|
|
(3)
|
Distillation of bones and glue manufacture.
|
|
(4)
|
Fat rendering and fertilizer manufacture.
|
|
(5)
|
Magnesium manufacture or processing.
|
|
(6)
|
Paper or pulp manufacture.
|
|
(7)
|
Wrecking yards (automobile/vehicular) and junkyards subject
to applicable performance standards.
|
|
(Sexually oriented businesses)
| |
|
(1)
|
A sexually oriented business shall be allowed as a specific use in I Industrial Districts, in accordance with the specific use permit approval process and chapter 16, Brenham Code of Ordinances regulating occupational licenses and business regulations.
|
(Sec. 7.03)
Height regulations.
No residential or nonresidential building shall exceed fifty-two
(52) feet or four (4) stories.
(Sec. 7.04)
Area regulations:
(2)
Size of lot:
(a)
Lot area.
No building shall be constructed
on any lot of less than ten thousand (10,000) square feet.
(b)
Lot width.
The width of the lot shall
not be less than one hundred (100) feet at the front building line
nor shall its average width be less than one hundred (100) feet.
(c)
Lot depth.
The average depth of the
lot shall not be less than one hundred (100) feet.
(d)
Legally existing nonconforming lots.
Where a legally existing industrial site having less area, width,
and/or depth than herein required existed upon the effective date
of this ordinance, the above regulations shall not prohibit the use
of the site for structures and uses as permitted in this district,
provided the applicable setbacks as provided above shall be maintained.
(3)
Lot coverage.
In no case shall more than eighty-five
(85) percent of the total lot area be covered by the combined area
of the main buildings, and accessory buildings and other impervious
surfaces.
[1]
In the event that new development is adjacent to a use that
falls within a different use category, a bufferyard shall be added
to the applicable yard regulations (Part II, Division 1, Section 11,
Table 3).
(Sec. 7.05)
Parking and loading regulations.
Off-street parking and loading spaces shall be provided in accordance
with the requirements for specific uses set forth in Part II, Division
I, Section 15 and Section 16 of this ordinance.
(Sec. 7.06)
Screening and fencing regulations.
As provided in Part II, Division I., Section 11, Section 12
and Section 13 of this ordinance.
|
Editor's note(s)-Ordinance O-17-006, sec. 2, adopted July 6, 2017, renumbered Section 6(6.01)-(6.06) as set out herein and added a new Section 6.
|
(Sec. 8.01)
Purpose.
The Planned
Development District accommodates new or innovative concepts in land
utilization not permitted by other standard zoning districts of the
City of Brenham. Greater flexibility is given to allow special conditions
or restrictions which would not otherwise allow the development to
occur, however regulations should be established to ensure against
the misuse of increased flexibility. The Planned Development District's
purpose is to promote more efficient use of land and public services,
encourage creative and innovative site design, and provide an increased
level of amenities and aesthetic enhancement. Planned Development
Districts are individually designed for a specific site in order to
more appropriately address the unique physical and locational features
associated with the property. Permitted uses and development standards
are established by the Planned Development District ordinance and
may include just one (1), or a broad range of activities and uses.
(Sec. 8.02)
Planned Development District requirements:
(1)
Requests for Planned Development District designations
shall be processed as a rezoning request and shall follow the procedures
outlined elsewhere in this ordinance. Each Planned Development District
is designed according to a detailed development plan, which must be
approved as part of the ordinance. A required development plan shall
include, but not be limited to: the location of the Planned Development
District, proposed uses; number and density of dwelling or other units
per acre; lot area; lot width; lot depth; yard depths and widths;
building height; building elevations; coverage; floor area ratio;
ingress and egress; parking; existing and proposed streets, alleys,
easements and lot lines; sidewalks; screening; landscaping; accessory
buildings; signs; lighting; utilities and related facilities; fire
lanes; fire hydrants; topography drainage; project phasing or scheduling;
property management associations; and other development data or requirements
as the city may deem appropriate to adequately describe the development.
(2)
The minimum acreage of a Planned Development District
shall be one (1) acre.
(Sec. 8.03)
Permitted uses:
Any
use or combination of uses authorized by an ordinance approved by
city council is permitted in a Planned Development District if the
uses and development are consistent with the principals outlined in
the adopted Comprehensive Plan.
(Sec. 8.04)
Height regulations:
Specified in the PD Ordinance.
(Sec. 8.05)
(Sec. 8.06)
Regulations of general applicability:
(1)
Regulations of general applicability are as provided
in the sections included within Part II, Division 1 of the Zoning
Ordinance unless otherwise specified within the PD Ordinance.
(2)
Arrangements or provisions, approved by the City
of Brenham, must be made for providing, operating, and maintaining
common areas or facilities allowed in the development plan.
(3)
Unless otherwise specified in the approved development
plan, the granting of the Planned Development District shall not relieve
the property owner from responsibility for complying with all other
applicable codes and ordinance of the City of Brenham, unless such
relief is specified in the approved PD Ordinance and development plan.
(Sec. 8.07)
General guidelines:
(1)
A Planned Development District shall conform to
applicable regulations and standards established by this ordinance;
(2)
A Planned Development District should be compatible
with existing or permitted uses on abutting sites, in terms of use,
building height, bulk and scale, setbacks and open spaces, landscaping,
drainage, or access and circulation features;
(3)
A Planned Development District shall not create
unfavorable effects or impacts on other existing or permitted uses
on abutting sites that cannot be mitigated by the provisions of the
planned development;
(4)
A Planned Development District shall not adversely
affect the safety and convenience of vehicular and pedestrian circulation
in the vicinity, including traffic reasonably expected to be generated
by the proposed development and other uses reasonably anticipated
in the area considering existing zoning and land uses in the area;
(5)
A Planned Development District must reasonably
protect persons and property from erosion, flood or water damage,
fire, noise, glare, and similar hazards or impacts;
(6)
A Planned Development District shall not adversely
affect traffic control or adjacent properties by inappropriate location,
lighting, or types of signs; and
(7)
A Planned Development District must protect the
public health, safety, or welfare, and shall not be materially injurious
to properties or improvements in the vicinity.
(Sec. 8.08)
Zoning district map.
All Planned Development District approved in accordance with
the provisions of this ordinance in its original form, or by subsequent
amendments thereto, shall be referenced on the zoning district map,
and a list of such Planned Development Districts, together with the
category of uses permitted therein, shall be kept on file in the office
of the city secretary or his or her designee.
(Ordinance O-12-013, sec. 1, adopted 6/21/12)
(Sec. 9.01)
The Downtown Business/Residential
Overlay District is intended to protect and enhance the character
and function of the downtown business and lodging areas, and to attract
new residential development to promote activity in and support to
the downtown area. Mixed-use projects that encourage pedestrian activity
and serve local residents and visitors are preferred. This District
will likely attract office buildings; retail dining, drinking, and
lodging establishments; and leisure facilities. Design standards are
required to ensure that structures in the downtown area exhibit a
distinctive, high quality character, and that surrounding neighborhoods
are adequately buffered from the more intense development intended
in this District.
(Sec. 9.02)
Permitted uses:
|
(Residential)
| |
|
(1)
|
Single-family detached dwelling units.
|
|
(2)
|
Single-family attached dwellings, (townhouses) in accordance
with townhouse development provisions of the subdivision ordinance
of the City of Brenham.
|
|
(3)
|
Two-family dwellings or duplexes.
|
|
(4)
|
Multifamily dwellings, including dormitories for students and
fraternity or sorority houses, on sites of less than one (1) acre.
|
|
(5)
|
Temporary buildings for uses incidental to construction work
on the premises, which buildings shall be removed upon the completion
or abandonment of construction work.
|
|
Mobile homes and manufactured homes are not allowed at any location
within the Downtown Business/Residential Overlay District.
| |
|
(Nonresidential)
| |
|
(1)
|
Any nonresidential permitted use in the B-4 Neighborhood Business
District.
|
(Sec. 9.03)
Area regulations.
Area regulations:
(1)
Single-family detached units.
(a)
Size of yards:
(i)
Front yard.
There shall be a front
yard having a depth of not less than fifteen (15) feet. Where lots
have double frontage the required front yard shall be provided adjacent
to both streets.
(ii)
Side yard.
There shall be a side
yard on each side of the lot having a width of not less than seven
feet six inches (7' 6"). A side yard adjacent to a side street
shall not be less than fifteen (15) feet.
(iii)
Rear yard.
There shall be a rear
yard having a depth of not less than fifteen (15) feet, except that
a rear yard of not less than twenty-five (25) feet shall be maintained
where adjacent to an arterial or collector street.
|
Exceptions: Single-family detached units with first floor garage
parking allowing for two (2) 10'x20' non stacked spaces
will have no limitations on lot coverage and no limitations on area
regulations.
|
(b)
Size of lot:
(i)
Lot area.
No building shall be constructed
on any lot of less than five thousand (5,000) square feet.
(ii)
Lot width.
The width of the lot
shall not be less than forty (40) feet at the front street building
line, nor shall its average width be less than forty (40) feet.
(iii)
Lot depth.
There is no lot depth
requirement.
(c)
Lot coverage.
In no case shall more
than eighty-five (85%) percent of the total lot area be covered by
the combined area of the main buildings, and accessory buildings and
other impervious surfaces.
(2)
Single-family attached units (townhomes):
(a)
Minimum site area.
The minimum area
for townhouse development shall be nine thousand (9,000) square feet.
(b)
Size of yards:
(i)
Front yard.
There shall be a front
yard having a depth of not less than fifteen (15) feet, and a front
yard width of not less than thirty (30) feet adjacent to all major
streets.
(ii)
Side yard.
No side yard shall be
required, except where contiguous townhomes are separated, a minimum
of seven feet six inches (7' 6") feet shall be maintained between
the separated units and on corner lots a minimum of fifteen (15) feet
shall be maintained between the building line and the side lot line
of the corner lot.
(iii)
Rear yard.
A rear yard of fifteen
(15) feet shall be maintained for all attached townhome units, except
that a rear yard of not less than twenty (20) feet shall be maintained
where adjacent to a major street.
(c)
Size of lots:
(i)
Lot area.
No building shall be constructed
on any lot of less than three thousand (3,000) square feet.
(ii)
Lot width.
The width of the lot
shall be not less than thirty (30) feet at the front street building
line, nor shall its average width be less than thirty (30) feet.
(iii)
Lot depth.
No limitations.
(iv)
Legally existing nonconforming lots.
Where a legally platted lot for townhomes having less area, width,
and/or depth than herein required existed upon the effective date
of this ordinance, the above regulations shall not prohibit the erection
of a single family attached or detached unit thereon, provided the
applicable setbacks as required herein above shall be maintained.
(d)
Lot coverage.
In no case shall more
than eighty-five (85) percent of the total lot area be covered by
the combined area of the main buildings, and accessory buildings and
other impervious surfaces, excluding pools.
(e)
Parking for single family attached and multifamily
units shall be located to the rear of the property. Where double frontage
exists, the street on which the property is addressed shall be considered
the front property line.
(3)
Multifamily units (apartments):
(a)
Minimum site area.
The minimum site
area for duplexes shall be five thousand (5,000) square feet and the
minimum area for multifamily development shall be six thousand (6,000)
square feet.
(b)
Size of yards:
(i)
Front yard.
There shall be a front
yard having a depth of not less than twenty (20) feet.
(ii)
Side yard.
There shall be a side
yard of not less than fifteen (15) feet, including, but not limited
to, side yards adjacent to public streets.
(iii)
Rear yard.
A rear yard of fifteen
(15) feet shall be maintained. There shall be a rear yard of not less
than twenty-five (25) feet adjacent to all major streets.
(c)
Size of lots:
(i)
Lot area.
There shall be a minimum
of one thousand (1,000) square feet of lot area per multifamily dwelling
unit.
(ii)
Lot width.
The width of the lot
shall not be less than fifty (50) feet at the front building line
nor shall its average width be less than fifty (50) feet.
(iii)
Lot depth.
The average depth of
the lot shall not be less than one hundred (100) feet.
(d)
Lot coverage:
In no case shall more
than seventy-five (75) percent of the total lot area be covered by
the combined area of the main buildings, and accessory buildings and
other impervious surfaces.
(Sec. 9.04)
Parking and loading regulations.
(Ordinance O-17-006, sec. 4, adopted 7/6/17)
