Brownsville_Area Districts

Brownsville, Texas, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 348 - ZONING >> ARTICLE V. - AREA DISTRICTS >> DIVISION 2. - "V" AREA DISTRICT >>

DIVISION 2. - "V" AREA DISTRICT Sec. 348-571. - Applicability.

Sec. 348-572. - Yards.

Sec. 348-573. - Height.

Sec. 348-574. - Lot area and width.

Sec. 348-575. - Intensity.

Secs. 348-576—348-605. - Reserved.

Sec. 348-571. - Applicability.

This division shall apply only to property lying wholly or partly within the boundaries of a "V" area district.

(Code 1971, app. B, § 9.3; Ord. No. 95-235.23, pt. 1, 10-3-1995) Sec. 348-572. - Yards.

In a "V" area district, yards shall be provided as follows: (1) There shall be a front yard along the front line of the lot. The minimum depth of each front yard shall be 150 feet.

(2) There shall be a side (or rear) yard along each side (or rear) line of the lot. The minimum width (or depth) of such yard shall be 50.5 feet.

(Code 1971, app. B, § 9.3(A); Ord. No. 95-235.23, pt. 1, 10-3-1995) Sec. 348-573. - Height.

In a "V" area district, "height" limits shall be as follows: (1) The height limit shall be two stories for a dwelling or other residential building.

(2) The height limit shall be 24 feet for any other structure, except that any portion of such structure may be erected higher than the limit, provided such portion is set back from all required yard lines four feet for each foot of its height above such limit.

(Code 1971, app. B, § 9.3(B); Ord. No. 95-235.23, pt. 1, 10-3-1995) Sec. 348-574. - Lot area and width.

In a "V" area district, the minimum "lot area" shall be 200,000 square feet, and the minimum average width of the lot shall be 225 feet; provided, however, that such minima shall be 400,000 square feet and 320 feet, respectively, for any two-family dwelling.

(Code 1971, app. B, § 9.3(C); Ord. No. 95-235.23, pt. 1, 10-3-1995) Sec. 348-575. - Intensity.

In a "V" area district, intensity shall be as follows: (1) The maximum "number of dwelling units per gross acre" shall be 0.22.

(2) The maximum "floor-area ratio" shall be 0.05.

(Code 1971, app. B, § 9.3(D); Ord. No. 95-235.23, pt. 1, 10-3-1995)

Secs. 348-576—348-605. - Reserved.

Brownsville, Texas, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 348 - ZONING >> ARTICLE V. - AREA DISTRICTS >> DIVISION 3. - "W" AREA DISTRICT >>

DIVISION 3. - "W" AREA DISTRICT Sec. 348-606. - Applicability.

Sec. 348-607. - Yards.

Sec. 348-608. - Height.

Sec. 348-609. - Lot area and width.

Sec. 348-610. - Intensity.

Secs. 348-611—348-640. - Reserved.

Sec. 348-606. - Applicability.

This division shall apply only to property lying wholly or partly within the boundaries of a "W" area district (Code 1971, app. B, § 9.4; Ord. No. 95-235.23, pt. 2, 10-3-1995) Sec. 348-607. - Yards.

In a "W" area district, yards shall be provided as follows: (1) There shall be a front yard along the front line of the lot. The minimum depth of each front yard shall be 125 feet.

(2) There shall be a side (or rear) yard along each side (or rear) line of the lot. The minimum width (or depth) of such yard shall be 30.5 feet.

(Code 1971, app. B, § 9.4(A); Ord. No. 95-235.23, pt. 2, 10-3-1995) Sec. 348-608. - Height.

In a "W" area district, height limits shall be as follows: (1) The height limit shall be two stories for a dwelling or other residential building.

(2) The height limit shall be 24 feet for any other structure, except that any portion of such structure may be erected higher than the limit, provided such portion is set back from all required yard lines three feet for each foot of its height above such limit.

(Code 1971, app. B, § 9.4(B); Ord. No. 95-235.23, pt. 2, 10-3-1995) Sec. 348-609. - Lot area and width.

In a "W" area district, the minimum lot area shall be 80,000 square feet, and the minimum average width of the lot shall be 150 feet; provided, however, that such minima shall be 160,000 square feet and 200 feet, respectively, for any two-family dwelling.

(Code 1971, app. B, § 9.4(C); Ord. No. 95-235.23, pt. 2, 10-3-1995) Sec. 348-610. - Intensity.

In a "W" area district, intensity shall be as follows: (1) The maximum number of dwelling units per gross acre shall be 1.0.

(2) The maximum floor-area ratio shall be 0.1.

(Code 1971, app. B, § 9.4(D); Ord. No. 95-235.23, pt. 2, 10-3-1995) Secs. 348-611—348-640. - Reserved.

Brownsville, Texas, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 348 - ZONING >> ARTICLE V. - AREA DISTRICTS >> DIVISION 5. - "Y" AREA DISTRICT >>

DIVISION 5. - "Y" AREA DISTRICT Sec. 348-676. - Applicability.

Sec. 348-677. - Yards.

Sec. 348-678. - Height.

Sec. 348-679. - Lot area and width.

Sec. 348-680. - Intensity.

Secs. 348-681—348-710. - Reserved.

Sec. 348-676. - Applicability.

This division shall apply only to property lying wholly or partly within the boundaries of a "Y" area district (Code 1971, app. B, § 9.7; Ord. No. 87-235.12, § 2, 7-7-1987) Sec. 348-677. - Yards.

In a "Y" area district, yards shall be provided as follows: (1) There shall be a front yard along the front line of the lot. The minimum depth of each front yard shall be 50 feet.

(2) There shall be a side (or rear) yard along each side (or rear) line of the lot. The minimum width (or depth) of such yard shall be 10.5 feet.

(Code 1971, app. B, § 9.7(a); Ord. No. 87-235.12, § 2, 7-7-1987) Sec. 348-678. - Height.

In a "Y" area district, height limits shall be as follows: (1) The height limit shall be two stories for a dwelling or other residential building.

(2) The height limit shall be 24 feet for any other structure, except that any portion of such structure may be erected higher than the limit, provided such portion is set back from all required yard lines two feet for each foot of its height above such limit.

(Code 1971, app. B, § 9.7(b); Ord. No. 87-235.12, § 2, 7-7-1987) Sec. 348-679. - Lot area and width.

In a "Y" area district, the minimum lot area shall be 15,000 square feet, and the minimum average width of the lot shall be 65 feet; provided, however, that such minima shall be 30,000 square feet and 90 feet, respectively, for any two-family dwelling.

(Code 1971, app. B, § 9.7(c); Ord. No. 87-235.12, § 2, 7-7-1987)) Sec. 348-680. - Intensity.

In a "Y" area district, intensity limits shall be as follows: (1) The maximum number of dwelling units per gross acre shall be 4.0.

(2)

The maximum floor-area ratio shall be 0.4.

(Ord. No. 2002-235.58, pt. 14, 11-5-2002) Secs. 348-681—348-710. - Reserved.

Brownsville, Texas, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 348 - ZONING >> ARTICLE V. - AREA DISTRICTS >> DIVISION 6. - "Z" AREA DISTRICT >>

DIVISION 6. - "Z" AREA DISTRICT Sec. 348-711. - Applicability.

Sec. 348-712. - Yards.

Sec. 348-713. - Height.

Sec. 348-714. - Lot area and width.

Sec. 348-715. - Intensity.

Secs. 348-716—348-745. - Reserved.

Sec. 348-711. - Applicability.

This division shall apply only to property lying wholly or partly within the boundaries of a "Z" area district.

(Code 1971, app. B, § 9.8; Ord. No. 95-235.23, pt. 3, 10-3-1995) Sec. 348-712. - Yards.

In a "Z" area district, yards shall be provided as follows: (1) There shall be a front yard along the front line of the lot. The minimum depth of each front yard shall be 30 feet.

(2) There shall be a side (or rear) yard along each side (or rear) line of the lot. The minimum width (or depth) of such yard shall be 5.5 feet.

(Code 1971, app. B, § 9.8(A); Ord. No. 95-235.23, pt. 3, 10-3-1995; Ord. No. 96-235.31, pt.

1, 3-25-1996) Sec. 348-713. - Height.

In a "Z" area district, height limits shall be as follows: (1) The height limit shall be two stories for a dwelling or other residential building.

(2) The height limit shall be 24 feet for any other structure, except that any portion of such structure may be erected higher than the limit, provided such portion is set back from all required yard lines two feet for each foot of its height above such limit.

(Code 1971, app. B, § 9.8(B); Ord. No. 95-235.23, pt. 3, 10-3-1995) Sec. 348-714. - Lot area and width.

In a "Z" area district, the minimum lot area shall be 9,000 square feet, and the minimum average width of the lot shall be 60 feet; provided, however, that such minima shall be 18,000 square feet and 80 feet, respectively, for any two-family dwelling.

(Code 1971, app. B, § 9.8(C); Ord. No. 95-235.23, pt. 3, 10-3-1995) Sec. 348-715. - Intensity.

In a "Z" area district, intensity shall be as follows: (1)

The maximum number of dwelling units per gross acre shall be 5.0.

(2) The maximum floor-area ratio shall be 0.4.

(Code 1971, app. B, § 9.8(D); Ord. No. 95-235.23, pt. 3, 10-3-1995) Secs. 348-716—348-745. - Reserved.

Brownsville, Texas, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 348 - ZONING >> ARTICLE V. - AREA DISTRICTS >> DIVISION 7. - "A" AREA DISTRICT >>

DIVISION 7. - "A" AREA DISTRICT Sec. 348-746. - Applicability.

Sec. 348-747. - Front yard.

Sec. 348-748. - Rear yard.

Sec. 348-749. - Side yard.

Sec. 348-750. - Lot width.

Sec. 348-751. - Lot area.

Sec. 348-752. - Height.

Sec. 348-753. - Intensity.

Secs. 348-754—348-785. - Reserved.

Sec. 348-746. - Applicability.

This division applies to buildings erected in the "A" area district.

(Code 1971, app. B, § 10) Sec. 348-747. - Front yard.

In an "A" area district, there shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be 25 feet.

(Code 1971, app. B, § 10(1)) Sec. 348-748. - Rear yard.

In an "A" area district, there shall be a rear yard along the rear line of the lot. The minimum depth of such rear yard shall be 25 feet.

(Code 1971, app. B, § 10(2)) Sec. 348-749. - Side yard.

In an "A" area district, there shall be a side yard along each line of the lot other than a front line or a rear line. The minimum width of the side yard shall be 5.5 feet.

(Code 1971, app. B, § 10(3)) Sec. 348-750. - Lot width.

In an "A" area district, the minimum average width of the lot shall be 50 feet for a one-family dwelling and 75 feet for a two-family dwelling.

(Code 1971, app. B, § 10(4)) Sec. 348-751. - Lot area.

In an "A" area district, the minimum area of the lot shall be 6,000 square feet for a one-family dwelling and 9,000 square feet for a two-family dwelling.

(Code 1971, app. B, § 10(5)) Sec. 348-752. - Height.

In an "A" area district, the height limit shall be 2.5 stories for a dwelling and 36 feet for any other building, except that any such building or portion of a building may be erected higher

than the limit, provided such portion is set back from all required yard lines one foot for each foot of its height above such limit.

(Code 1971, app. B, § 10(6)) Sec. 348-753. - Intensity.

In an "A" area district, intensity limits shall be as follows: (1) The maximum number of dwelling units per gross acre shall be 8.5.

(2) The maximum floor-area ratio shall be 0.4.

Secs. 348-754—348-785. - Reserved.

Brownsville, Texas, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 348 - ZONING >> ARTICLE V. - AREA DISTRICTS >> DIVISION 8. - "F" AREA DISTRICT >>

DIVISION 8. - "F" AREA DISTRICT Sec. 348-786. - Applicability.

Sec. 348-787. - Yards.

Sec. 348-788. - Height.

Sec. 348-789. - Lot area and width.

Sec. 348-790. - Intensity.

Secs. 348-791—348-810. - Reserved.

Sec. 348-786. - Applicability.

This division shall apply only to property lying wholly or partly within the boundaries of an "F" area district.

(Code 1971, app. B, § 10.5; Ord. No. 235.4, § 3, 5-12-1981) Sec. 348-787. - Yards.

In an "F" area district, yards shall be provided as follows: (1) There shall be a front yard along the front line of the lot. The minimum depth of each front yard shall be 25 feet.

(2) There shall be a rear yard along the rear line of the lot. The minimum depth of such rear yard shall be 15.5 feet for a lot on an alley or 5.5 feet for a lot not on an alley.

(3) There shall be a side yard along each sideline of the lot. The minimum width of each side yard shall be 5.5 feet.

(Code 1971, app. B, § 10.5(a); Ord. No. 235.4, § 3, 5-12-1981) Sec. 348-788. - Height.

In an "F" area district, height limits shall be as follows: (1) The height limit shall be two stories for a dwelling, apartment house, or other residential building.

(2) The height limit shall be 24 feet for any other structure, except that any portion of such structure may be erected higher than the limit, provided such portion is set back from all

required yard lines two feet for each foot of its height above such limit.

(Code 1971, app. B, § 10.5(b); Ord. No. 235.4, § 3, 5-12-1981) Sec. 348-789. - Lot area and width.

In an "F" area district, the minimum lot area shall be 6,000 square feet, and the minimum average width of the lot shall be 50 feet; provided, however, that such minima shall be 9,000 square feet and 75 feet, respectively, for any two-family dwelling in a dwelling use district.

(Code 1971, app. B, § 10.5(c); Ord. No. 235.4, § 3, 5-12-1981) Sec. 348-790. - Intensity.

In an "F" area district, intensity shall be as follows: (1) The maximum number of dwelling units per gross acre shall be 8.5.

(2) The maximum floor-area ratio shall be 0.4.

(Code 1971, app. B, § 10.5(d); Ord. No. 235.4, § 3, 5-12-1981) Secs. 348-791—348-810. - Reserved.

Brownsville, Texas, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 348 - ZONING >> ARTICLE V. - AREA DISTRICTS >> DIVISION 9. - "G" AREA DISTRICT >>

DIVISION 9. - "G" AREA DISTRICT Sec. 348-811. - Applicability.

Sec. 348-812. - Yards.

Sec. 348-813. - Height.

Sec. 348-814. - Lot width.

Sec. 348-815. - Lot area.

Sec. 348-816. - Intensity.

Secs. 348-817—348-850. - Reserved.

Sec. 348-811. - Applicability.

This division shall apply only to property lying wholly or partly within the boundaries of a "G" area district.

(Code 1971, app. B, § 11.5; Ord. No. 235.4, § 4, 5-12-1981) Sec. 348-812. - Yards.

In a "G" area district, yards shall be provided as follows: (1) There shall be a front yard along the front line of the lot. The minimum depth of each front yard shall be 25 feet.

(2) There shall be a rear yard along the rear line of the lot. The minimum depth of such rear yard shall be 13.5 feet for a lot on an alley or 3.5 feet for a lot not on an alley.

(3) There shall be a side yard along each sideline of the lot. The minimum width of each side yard shall be 3.5 feet.

(Code 1971, app. B, § 11.5(a); Ord. No. 235.4, § 4, 5-12-1981) Sec. 348-813. - Height.

In a "G" area district, height limits shall be as follows:

(1) The height limit shall be two stories for a dwelling, apartment house, or other residential building.

(2) The height limit shall be 24 feet for any other structure, except that any portion of such structure may be erected higher than the limit, provided such portion is set back from all required yard lines one foot for each foot of its height above such limit.

(Code 1971, app. B, § 11.5(b); Ord. No. 235.4, § 4, 5-12-1981) Sec. 348-814. - Lot width.

In a "G" area district, lot width shall be as follows: (1) The minimum average width of the lot shall be 50 feet.

(2) However, the minimum average width of the lot shall be 25 feet for any lot recorded in the county map records prior to July 14, 1945.

(Code 1971, app. B, § 11.5(c); Ord. No. 235.4, § 4, 5-12-1981) Sec. 348-815. - Lot area.

In a "G" area district, lot area shall be as follows: (1) The minimum lot area shall be 5,000 square feet.

(2) However, the minimum lot area shall be 6,000 square feet for a two-family dwelling in a dwelling use district.

(3) However, the minimum lot area shall be 2,500 square feet for any lot recorded in the county map records prior to July 14, 1945.

(Code 1971, app. B, § 11.5(d); Ord. No. 235.4, § 4, 5-12-1981) Sec. 348-816. - Intensity.

In a "G" area district, intensity shall be as follows: (1) The maximum number of dwelling units per gross acre shall be 12.5.

(2) The maximum floor-area ratio shall be 0.8.

(Code 1971, app. B, § 11.5(e); Ord. No. 235.4, § 4, 5-12-1981) Secs. 348-817—348-850. - Reserved.

Brownsville, Texas, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 348 - ZONING >> ARTICLE V. - AREA DISTRICTS >> DIVISION 10. - "E" AREA DISTRICT >>

DIVISION 10. - "E" AREA DISTRICT Sec. 348-851. - Applicability.

Sec. 348-852. - Front yard.

Sec. 348-853. - Rear yard.

Sec. 348-854. - Side yard.

Sec. 348-855. - Lot width.

Sec. 348-856. - Lot area.

Sec. 348-857. - Height.

Secs. 348-858—348-890. - Reserved.

Sec. 348-851. - Applicability.

This division applies to buildings erected in the "E" area district.

(Code 1971, app. B, § 13-A) Sec. 348-852. - Front yard.

In an "E" area district, there shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be 25 feet.

(Code 1971, app. B, § 13-A(1)) Sec. 348-853. - Rear yard.

In an "E" area district, there shall be a rear yard along the rear line of the lot. The minimum depth of such rear yard shall be 25 feet.

(Code 1971, app. B, § 13-A(2)) Sec. 348-854. - Side yard.

In an "E" area district, there shall be a side yard along each line of the lot other than a front line or a rear line. The minimum width of such side yard, where required, shall be 5.5 feet.

(Code 1971, app. B, § 13-A(3)) Sec. 348-855. - Lot width.

In an "E" area district, the minimum average width of the lot shall be 25 feet for a one-family dwelling.

(Code 1971, app. B, § 13-A(4)) Sec. 348-856. - Lot area.

In an "E" area district, the minimum area of the lot shall be 3,000 square feet for a one-family dwelling and 6,000 square feet for a two-family dwelling.

(Code 1971, app. B, § 13-A(5)) Sec. 348-857. - Height.

In an E area district, the height limit shall be 2.5 stories for a dwelling or an apartment house and 36 feet for any other building, except that any such building or portion of a building may be erected higher than the limit, provided such portion of the building is set back from all required yard lines one foot for each foot of its height above such limit.

(Code 1971, app. B, § 13-A(6)) Secs. 348-858—348-890. - Reserved.

Brownsville, Texas, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 348 - ZONING >> ARTICLE V. - AREA DISTRICTS >> DIVISION 11. - "H" AREA DISTRICT >>

DIVISION 11. - "H" AREA DISTRICT Sec. 348-891. - Applicability.

Sec. 348-892. - Yards.

Sec. 348-893. - Height.

Sec. 348-894. - Lot area and width.

Sec. 348-895. - Intensity.

Secs. 348-896—348-925. - Reserved.

Sec. 348-891. - Applicability.

This division shall apply only to property lying wholly or partly within the boundaries of an "H" area district.

(Code 1971, app. B, § 12.1; Ord. No. 89-235.18, § 10, 1-17-1989) Sec. 348-892. - Yards.

In an "H" area district, yards shall be provided as follows: (1) There shall be a front yard along the front line of the lot. The minimum depth of each front yard shall be 25 feet for residential buildings and zero feet for other buildings.

(2) There shall be a side (or rear) yard along each side (or rear) line of the lot. The minimum width (or depth) of such yard shall be 3.5 feet for residential buildings and zero feet for other buildings.

(Code 1971, app. B, § 12.1(a); Ord. No. 89-235.18, § 10, 1-17-1989) Sec. 348-893. - Height.

In an "H" area district, height limits shall be as follows: (1) The height limit shall be three stories for a residential building.

(2) The height limit shall be 36 feet for any other structure, except that any portion of such structure may be erected higher than the limit, provided such portion is set back from all required yard lines one foot for each foot of its height above such limit.

(Code 1971, app. B, § 12.1(b); Ord. No. 89-235.18, § 10, 1-17-1989) Sec. 348-894. - Lot area and width.

In an "H" area district, the minimum lot area shall be 3,000 square feet, and the minimum average width of the lot shall be 50 feet for residential buildings and 40 feet for other buildings.

(Code 1971, app. B, § 12.1(c); Ord. No. 89-235.18, § 10, 1-17-1989) Sec. 348-895. - Intensity.

In an "H" area district, intensity shall be as follows: (1) The maximum number of dwelling units per gross acre shall be 25.

(2) The maximum floor-area ratio shall be 1.6.

(Code 1971, app. B, § 12.1(d); Ord. No. 89-235.18, § 10, 1-17-1989) Secs. 348-896—348-925. - Reserved.

Brownsville, Texas, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 348 - ZONING >> ARTICLE V. - AREA DISTRICTS >> DIVISION 12. - "J" AREA DISTRICT >>

DIVISION 12. - "J" AREA DISTRICT Sec. 348-926. - Applicability.

Sec. 348-927. - Yards.

Sec. 348-928. - Height.

Sec. 348-929. - Lot area and width.

Sec. 348-930. - Intensity.

Secs. 348-931—348-960. - Reserved.

Sec. 348-926. - Applicability.

This division shall apply only to property lying wholly or partly within the boundaries of a "J" area district.

(Code 1971, app. B, § 13.1; Ord. No. 89-235.18, § 11, 1-17-1989) Sec. 348-927. - Yards.

In a "J" area district, yards shall be provided as follows: (1) There shall be a front yard along the front line of the lot. The minimum depth of each front yard shall be 25 feet for residential buildings and zero feet for other buildings.

(2) There shall be a side (or rear) yard along each side (or rear) line of the lot. The minimum width (or depth) of such yard shall be 3.5 feet for residential buildings and zero feet for other buildings.

(Code 1971, app. B, § 13.1(a); Ord. No. 89-235.18, § 11, 1-17-1989) Sec. 348-928. - Height.

In a "J" area district, height limits shall be as follows: (1) The height limit shall be six stories for a residential building.

(2) The height limit shall be 100 feet for any other structure, except that any portion of such structure may be erected higher than the limit, provided such portion is set back from all required yard lines one foot for each two feet of its height above such limit.

(Code 1971, app. B, § 13.1(b); Ord. No. 89-235.18, § 11, 1-17-1989) Sec. 348-929. - Lot area and width.

In a "J" area district, the minimum lot area shall be 3,000 square feet, and the minimum average width of the lot shall be 50 feet for residential buildings and 40 feet for other buildings.

(Code 1971, app. B, § 13.1(c); Ord. No. 89-235.18, § 11, 1-17-1989) Sec. 348-930. - Intensity.

In a "J" area district, intensity shall be as follows: (1) The maximum number of dwelling units per gross acre shall be 50.

(2) The maximum floor-area ratio shall be 3.2.

(Code 1971, app. B, § 13.1(d); Ord. No. 89-235.18, § 11, 1-17-1989) Secs. 348-931—348-960. - Reserved.

Brownsville, Texas, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 348 - ZONING >> ARTICLE VI. - OVERLAY DISTRICTS >> DIVISION 2. - INDIVIDUAL OVERLAY DISTRICTS >>

DIVISION 2. - INDIVIDUAL OVERLAY DISTRICTS Sec. 348-1011. - O11 (interim overlay district).

Secs. 348-1012—348-1020. - Reserved.

Sec. 348-1021. - O21 (pyramidal overlay district).

Secs. 348-1022—348-1030. - Reserved.

Sec. 348-1031. - O31 (nonresidential overlay district).

Sec. 348-1032. - O32 (nonschool overlay district).

Sec. 348-1033. - O33 (nonapartment overlay district).

Secs. 348-1034—348-1040. - Reserved.

Sec. 348-1041. - O41 (three-story overlay district).

Sec. 348-1042. - O42 (trade and commerce development overlay district).

Sec. 348-1043. - ENT (downtown Brownsville entertainment overlay district).

Secs. 348-1044—348-1050. - Reserved.

Sec. 348-1051. - O51 (tourist-corridor overlay district).

Sec. 348-1052. - O51-A (commercial quality overlay district).

Secs. 348-1053—348-1070. - Reserved.

Sec. 348-1071. - O71 (resaca overlay district).

Secs. 348-1072—348-1090. - Reserved.

Sec. 348-1091. - O91 (limited-rezone overlay district).

Sec. 348-1092. - Reserved.

Sec. 348-1093. - O93 (limited-specific-use overlay district).

Secs. 348-1094—348-1099. - Reserved.

Sec. 348-1100. - O100 (residential office overlay district).

Secs. 348-1101—348-1380. - Reserved.

Sec. 348-1011. - O11 (interim overlay district).

In an O11 overlay district, no development affecting the exterior appearance of the premises shall occur until a class L permit therefor has been granted and all other applicable sections of the city Code have been met; provided, however, that no class L permit shall be required for development dealing solely with the following: (1) Landscaping; or (2) Temporary signs which pertain to the sale or rental of the premises, which are not artificially illuminated, and which do not exceed eight square feet in total area.

(Code 1971, app. B, § 14.11(g); Ord. No. 235.7, § 2, 3-26-1986; Ord. No. 87-235.14, § 1, 9-15-1987; Ord. No. 2001-235.53, pt. 1, 12-18-2001) Secs. 348-1012—348-1020. - Reserved.

Sec. 348-1021. - O21 (pyramidal overlay district).

In an O21 overlay district, the permitted uses shall include all uses allowed in the applicable use district, as shown on the official zoning atlas, plus all uses allowed by all use districts that are more restrictive than the applicable use district.

(Code 1971, app. B, § 14.21(D); Ord. No. 95-235.30, pt. 1, 12-5-1995) Secs. 348-1022—348-1030. - Reserved.

Sec. 348-1031. - O31 (nonresidential overlay district).

In an O31 overlay district, the permitted uses shall include all uses allowed in the applicable use district, as shown on the official zoning atlas, minus all of the following uses: (1) Dwelling unit, group quarters, recreational vehicle park, medical inpatient facility.

(2)

School, church, day care center, medical clinic, auditorium, stadium.

(Code 1971, app. B, § 14.31(D); Ord. No. 95-235.30, pt. 2, 12-5-1995) Sec. 348-1032. - O32 (nonschool overlay district).

In an O32 overlay district, the permitted uses shall include all uses allowed in the applicable use district, as shown on the official zoning atlas, minus all of the following uses: (1) Group quarters, medical inpatient facility.

(2) Public school, private school limited to grades K-12.

(Code 1971, app. B, § 14.32(D); Ord. No. 98-235.35, pt. 1, 2-3-1998) Sec. 348-1033. - O33 (nonapartment overlay district).

In an O33 overlay district, the permitted uses shall include all uses allowed in the applicable use district, as shown on the official zoning atlas, minus all of the following uses: apartment, duplex, boardinghouse, lodging house, recreational vehicle park, mobile home.

(Code 1971, app. B, § 14.33(D); Ord. No. 95-235.30, pt. 5, 12-5-1995) Secs. 348-1034—348-1040. - Reserved.

Sec. 348-1041. - O41 (three-story overlay district).

Notwithstanding the height provisions of the applicable area district, as shown on the official zoning atlas, the height limit in an O41 overlay district shall be three stories for a dwelling, apartment house, or other residential building.

(Code 1971, app. B, § 14.41(D); Ord. No. 95-235.30, pt. 3, 12-5-1995) Sec. 348-1042. - O42 (trade and commerce development overlay district). (a) Prohibited uses.

(1) Salvage yards.

(2) Batch plants.

(3) Off-premises billboards.

(4) Land uses with access and/or frontage to F.M. 511 or Future I-69 access roads, unless developed with internal local and collector street access, and connectivity to access points in accordance and approved with Texas Department of Transportation (TXDOT) model standards for access to TXDOT facilities.

(5) Metal recycling.

(6) Food manufacturing or processing.

(7) Correctional facilities.

(8) Outdoor storage of bulk materials, equipment, machinery.

(9) Outdoor manufacturing.

(10)

Sale of used automobiles, construction equipment, machinery. (b) Boundaries.

(1) The O-31 (nonresidential overlay district), as identified on the map attached as Exhibit B, shall be removed.

(2) The map attached as Exhibit C shall delineate the boundaries of the [O42 trade and commerce overlay district.] (c) Development standards.

(1) Commercial site and industrial park parking shall be either internalized and obscured from the view of public roadways by buildings and other structures, or if externalized, obscured by ample landscaping. Large expanses of parking lots viewable from public roadways shall be avoided.

(2) Truck stops shall provide parking for semi-trucks in areas obscured from public view, such as behind buildings or other structures.

(3) Truck freight bays and docks within commercial sites and industrial parks shall be internalized and blocked from street view by buildings, walls, and other structures.

(4) All new nonresidential developments shall have ample internalized area(s) for truck maneuvering when appropriate.

(5) Dumpsters and other refuse collection receptacles shall be fully screened from the view of public roadways.

(6) Noise-generating outdoor uses, outdoor vents, and emissions or odors shall be located as far as possible from any residential zone or public right-of-way.

(7) Access to commercial sites and industrial parks shall be marked by architecturally significant gateways, markers, or signage/landscape combinations, which keep in character with the buildings and other structures.

(8) Pedestrian walkways shall have sufficient connectivity with each other and with adjacent parcels and roadways. Restaurant(s), bank(s), and small businesses adjacent to all new nonresidential developments shall be well-connected and pedestrian-accessible.

(9) Perimeters of all new nonresidential developments shall be screened using trees and other landscaping to protect the area viewshed.

(10) Electronic signs with visible neon tubing components shall be prohibited.

(11) Metal siding may not be used on the walls of buildings viewable from public roadways.

Permissible materials for such walls include pre-cast concrete, masonry (such as brick, stone, concrete block, or other types providing a finished appearance), and stucco over masonry.

Metal is entirely permissible for roofs, awnings, or other decorative embellishments.

(12) Land uses greater than those provided for under Seventh Commercial (7C) shall not be permitted.

(Ord. No. 2004-1429, pt. 2, 11-16-2004; Ord. No. 2007-1429-A, art. I, 12-11-2007; Ord. No. 2008-1429-B, art. I, 3-3-2008) Editor's note— Ord. No. 2008-1429-B, art. I, adopted March 3, 2008, changed the name of the F.M. 511/I-69 Corridor Overlay District to the O42 Trade and Commerce Development Overlay District.

Sec. 348-1043. - ENT (downtown Brownsville entertainment overlay district). (a) Definitions. Terms within this section not defined here or in section 348-2 of this Code shall be construed as understood in common usage.

(1) Downtown development review board (DDRB): Advisory board created to review all applications for ENT permits, and will consist of directors or their representatives from the following departments: planning and community development, building inspections, fire, historic heritage, and health.

(2) Entertainment establishment: Any of a variety of establishments or venues which provides ongoing activity or business to attract or invite public guests to watch, listen, or otherwise participate for amusement or diversion purposes, including but not limited to the following: a.

Coffee houses/shops, brewpubs, bars, dancehalls or discos, music venues, nightclubs, piano bars, wet and dry restaurants or cafes, and wine bars; b.

Theaters, performance halls, or other venues customary for presentations by single or multiple performers, such as comedians, musical acts, dance acts, or other shows featuring demonstrations of talent.

(3) Historic Downtown Brownsville: The area of the city bounded by Fronton, Sixth, and Jackson Streets and International Boulevard. (b) Establishment and location.

(1) An entertainment district overlay ("ENT") is hereby established within the City of Brownsville Downtown Area encompassing an area with the following boundaries and as designated on the map in appendix A: Block 84 Lots 1 through 6 Block 85 Lots 1 through 6 Block 86 Lots 1, 2, 3, 4, 5, 6, and 12 Block 87 Lots 1—12 Block 88 Lots 1, 2, 3, 4, 5, 6, 7, and 8 Block 89 Lots 1 through 6

Block 90 Lots 1 through 6 Block 93 Lots 8 through 14 Block 94 Lots 7 through 12 Block 95 Lots 7 through 12 Block 96 Lots 7 through 12 (2) The ENT shall be reflected on the zoning map as an additional category to the base zoning district. (i.e. "4C-ENT").

(3) The overlay district established in this section shall supersede, modify, and/or supplement any other requirements and limitations of article IV (Use Districts). All requirements set forth in article IV, Use Districts that do not conflict with these overlay districts shall remain in effect. If a conflict shall arise between article IV and this overlay district, then the overlay district requirements shall prevail to the extent allowed by law.

(4) This section shall sunset ten years after its effective date. Prior to the sunset date the downtown development review board established by this section, in conjunction with the planning and zoning commission, will review this section and decide whether this section should be allowed to continue, amend, or sunset.

(5) If this section is allowed to sunset then all overlay districts established by this section shall dissolve and no more ENT permits may be issued or renewed. (c) Registration and permit.

(1) Any individual wishing to locate an entertainment establishment within the ENT overlay district shall register for a special ENT permit. ENT permits will not be issued to applicants whose establishments are located outside of the ENT. (2) Applications shall be filed by or with the written consent of the property owner, and shall be filed with the department of planning and community development. The registration form shall be in a form provided by said department, and shall be sufficient if it contains the following information: The name, address, and telephone number of each applicant; a.

An individual or entity with an ownership interest of ten percent or more in the business is considered an applicant and must provide the information required by the application. b.

The business address of the applicant; c.

Location where the business will be conducted; d.

Indication that the business is one of the following types of entertainment establishments: 1.

Coffee house or coffee shop.

2.

Brewpub.

3.

Bar. 4.

Dancehall, disco, or nightclub.

5.

Music venue.

6.

Piano bar.

7.

Wet restaurant.

8.

Dry restaurant.

9.

Cafe.

10.

Wine bar.

11.

Theater or performance hall.

12.

Other venue for live entertainment.

(3) Applicants will be granted an ENT permit by the DDRB only after all permit requirements have been met and if it contributes to the downtown revitalization plans as reflected in the Brownsville Comprehensive Plan.

(4) The DDRB may revoke an ENT permit upon the deviation by the permit holder from the specifications identified in the application.

(5) The denial or revocation of ENT permits may be appealed to the city board of adjustments and appeals. Said appeals must be submitted within 15 days of the decision to deny or revoke.

(6) ENT permits shall automatically expire four years after their issuance; ENT permit holders may apply for renewal of the ENT permit at least 60 days before their expiration. ENT permit renewals shall be processed as an original application.

(7) Any change in ownership of an establishment for which an ENT permit has been designated shall cause the ENT permit to expire, requiring new owners to apply for a new permit. (d) General requirements.

(1) Entertainment establishments located within the ENT shall contain a minimum of 1,000 square feet in floor area.

(2) Wet restaurants, wine bars, coffee house/shops, or other entertainment establishments which are not bars, taverns, or nightclubs located within the ENT shall contain a minimum of 750

square feet in floor area.

(3) Establishments located within the ENT overlay district shall: a.

Make necessary and reasonable efforts to discourage criminal activity and vandalism, both on the site and on adjacent properties. Such measures may include the provision of adequate and sufficient lighting, the elimination of dark areas, and the hiring of security personnel; b.

Make necessary and reasonable provisions to keep litter to a minimum and to keep it from blowing onto or being deposited on adjacent streets and properties; c.

Submit for approval a plan describing the efforts that will be made and the measures that will be implemented to accomplish the aims of the requirements of section 348-1120(d)(1)—(3); and d.

Comply with the occupancy requirements of the applicable sections of this Code; e.

The DDRB may, as a condition on the ENT permit, regulate more strictly noise levels if it reasonably appears that granting the ENT permit without the noise conditions will adversely affect other businesses in the district. Noise levels shall be determined based on the existing city ordinance and national standards.

(4) Waivers from minimum square foot or other requirements may be submitted to the board of adjustments and appeals.

(5) Signage shall be subject to both chapter 328 of this Code as well as the Downtown Brownsville Design Guidelines.

(6) Establishments located within the ENT overlay shall not require conditional use permits, and are exempted from the minimum parking requirements designated by chapter 348, Zoning, article VII, any applicable supplementary district regulations unless otherwise provided by this chapter, and any zoning or building permit fees (but must still obtain all required permits).

(7) The operational hours of any bar located within 200 feet of a school (as measured between the nearest property lines) shall commence no earlier than two hours after school has been dismissed. This provision shall only apply when school is in session. This requirement does not pertain to wet restaurants. (e) Prohibited uses.

(1) Sexually-oriented businesses.

(2) Amusement arcades.

(3) Blood or plasma donation centers.

(4)

Mortuaries.

(5) Group quarters.

(6) Daycare centers or schools for persons under 18 years of age.

(7) Payday lenders, car title lenders, or check cashing establishments.

(8) Establishments seeking to do business after the date of adoption of the ENT overlay district, the primary purpose of which is general sales, wholesale sales, or warehousing of used clothing (except for antique stores and vintage clothing stores).

(9) Business-related outdoor storage, sale, or displays.

(10) For-profit sale, repair, painting, washing, parking, or other servicing of: vehicles, trailers, tires, parts, oil, fuel or similar items.

(11) Hospitals.

(12) Veterinary offices.

(13) On-premises manufacture of goods.

(14) Heliports.

(15) Sales of building materials. (f) Historic preservation.

(1) ENT permits shall be applicable to any historically-designated building within the downtown area if the issuance of an ENT permit shall assist in the preservation and restoration of said building.

(2) Historically-designated buildings shall be considered only if they are designated in the City of Brownsville Heritage Plan. The downtown development review board, in conjunction with the heritage council will determine any historical designation and whether a permit shall be issued.

(3) For any alteration of building facades, signage, and other design-oriented changes, a Class A or Class L permit will be required from the heritage department. (g) Economic development. Notwithstanding the language in, the city commission may enter into funding or economic development agreements or establish economic development plans (i.e. those found in V.T.C.A., Local Government Code Ch. 378, "Neighborhood Empowerment Zones" or economic development programs pursuant to V.T.C.A., Local Government Code Ch. 380) to further the objectives of this section.

(Ord. No. 2010-235.60, ยง 2, 7-6-2010)

Secs. 348-1044—348-1050. - Reserved.

Sec. 348-1051. - O51 (tourist-corridor overlay district).

In an O51 overlay district, the permitted uses shall include all uses allowed in the applicable (official zoning atlas) use district and area district, subject to the following conditions and/or exceptions: (1) Off-premises signs shall be prohibited.

(2) The on-premises signs shall not be artificially illuminated during periods outside of normal business hours.

(3) On-premises signs shall be limited to the following: a.

One freestanding berm or monument sign of up to 64 square feet in area for each side of such sign and for each street frontage, with such sign being located no closer than ten feet from any street right-of-way line. Where street frontage exceeds 1,000 feet, two such signs shall be permitted. Such signs shall not exceed 12 feet in height or the square root of the distance from the sign to the right-of-way line, whichever is less. b.

In addition, one wall sign for each individual business establishment in a multitenant project, with the lettering not exceeding 24 inches in height and with the size of such sign not exceeding 32 square feet in area. c.

In addition, customary traffic control signs.

(4) Except for allowed signs, landscaping, and/or agricultural fields, the use (including parking) shall not be located in the half of the required front yard closest to the street.

(5) At least 50 percent of the required front yard for any use, other than agricultural fields, shall be landscaped.

(6) The area between the road pavement and the lot line shall not be paved, except for permitted driveways, sidewalks, curbs, or roads.

(7) No premises shall have more than two driveways.

(8) Flashing, intermittent, rotating, or moving lights (except for customary motor vehicles or customary seasonal decorations) shall not be visible outside the premises.

(9) Outdoor lighting fixtures shall not shine directly on areas outside the premises.

(10) Fluorescent colored surfaces shall not shine directly on areas outside the premises.

(11) At least 95 percent of all visible walls and roofs shall be made of brick, lumber, nonmirrored glass, stone, copper, bronze, brass, terracotta, stucco over masonry, nongray split-face concrete block, roof tiles or shingles, or noncorrosive standing-seam metal roof.

(Code 1971, app. B, ยง 14.51(D); Ord. No. 95-235.30, pt. 4, 12-5-1995) Sec. 348-1052. - O51-A (commercial quality overlay district). (a) All development shall be consistent with Section 14.10 of the official zoning atlas. (b) All development shall be in accord with established public policy and not have an adverse effect on the general welfare. (c) In the O51-A overlay district, the permitted uses shall include all uses allowed in the applicable use districts and area districts as outlined in the official zoning atlas, subject to the following conditions and/or exceptions: (1) Off premises signs shall be prohibited.

(2) On-premises signs shall not be artificially illuminated during periods outside of normal business hours.

(3) On premises signs shall be limited to the following: a.

One freestanding berm or monument sign of up to 64 square feet in area for each side of such sign and for each street frontage, with such sign being located no closer than ten feet from any street right-of-way line. Where the street frontage exceeds 1,000 feet, two such signs shall be permitted. Such signs shall not exceed 12 feet in height or the square root of the distance from the sign to the right-of-way line, whichever is less. b.

One wall sign for each individual business establishment in a multi-tenant project, with the lettering not exceeding 24 inches in height and with the size of such sign not exceeding 32 square feet in area. The overhead clearance of a projecting sign should be a minimum of ten feet. c.

Pole signs shall be permitted only on commercial properties which border directly on "primary arterials" or within 0.25 miles of an "expressway" and shall not exceed 120 square feet in area for each side of such sign or exceed 60 feet in height. d.

Pole signs shall be prohibited in open space, rural, recreational zones wildlife reserves, state parks, other nature reserves both public and private, or within 0.25 miles of said zones. e.

Pole signs shall represent the businesses on which parcels the signs are located. f.

Billboards are prohibited anywhere within the boundaries of an O51-A overlay district. g.

Customary traffic control signs are permitted. h.

All signs shall be incorporated into the street side landscape buffer and appropriately transitioned into the landscape by incorporating a base and supporting structure that uses building design architectural features and materials. External sign illumination is encouraged;

however, attractively designed internally illuminated signs are also acceptable. i.

Flashing intermittent, rotating, or moving lights (except for customary motor vehicles or customary seasonal decorations) shall not be visible from outside the premises. j.

All wall signs must be well-integrated and should incorporate existing or proposed building architectural features. Externally illuminated signs are encouraged. k.

Roofline signs which are located on a row of storefronts of the same building should all be of a similar size, material and proportion, constructed as to conceal all structure and fastenings, and not exceed 20 percent of the total height of the building to which it is attached. l.

Signs should be compatible with neighboring buildings and with the character of the area in which they are located. m.

All signs should be compatible in terms of type, size, color, and materials with the buildings which they adorn. n.

Pole signs are prohibited when facing streets with residential zoning or uses are within 0.25 miles of the signs placement or when residential zoning districts or uses areas across the street are within 0.25 miles of the signs placement.

(4) Except for allowed signs, landscaping, and/or agricultural fields, the use (including parking) shall not be located in the half of the required front yard closest to the street.

(5) At least 50 percent of the required front yard for any use, other than agricultural fields, shall be landscaped.

(6) The area between the road pavement and the lot line shall not be paved, except for permitted driveways, sidewalks, curbs, or roads.

(7) Outdoor lighting fixtures shall not shine directly on areas outside the premises.

(8) Fluorescent-colored surfaces shall not shine directly on areas outside the premises.

(9) At least 95 percent of all visible walls and roofs shall be made of brick, lumber, non-mirrored glass, stone, copper, bronze, brass, terracotta, stucco over masonry, non-gray split-face concrete block, roof tiles or shingles, or non-corrosive standing-seam metal roof.

(10) Mirrored glass windows and facades are prohibited.

(11) Loading, service areas and dumpsters shall be screened from public view.

(12) Variations in the roof lines should be used to add interest to, and reduce the massive scale of large buildings. Roof features should be compatible with and complement the character of adjoining buildings and neighborhoods.

(13) Architectural features and patterns that provide visual interest at the pedestrian scale and incorporate local character detailing on buildings are encouraged.

(14) The use of parapets to conceal roof top equipment is encouraged. Parapets should incorporate three dimensional cornice treatments.

(15) Entry elements and features that give orientation and create aesthetically pleasing character to the building are recommended. Entry features can include: canopies, porticos, overhangs, recesses, projections, peak roof forms and gables, or any other feature that creates a landmark appeal.

(16) Awnings and promenades should be used where allowable and appropriate.

(17) Shading of pedestrian areas through the use of landscaping and/or architecture is strongly recommended.

(Ord. No. 2007-235.74, 2-5-2008) Secs. 348-1053—348-1070. - Reserved.

Sec. 348-1071. - O71 (resaca overlay district).

If any area is located within the boundaries of an O71 overlay district, then the permitted uses in such area shall include all uses allowed in the applicable (official zoning atlas) use district and area district, subject to all the following conditions and/or exceptions: (1) For the purposes of this section: a.

Resaca means any waterway. b.

Visible means capable of being seen from the resaca and/or from any natural grade located on any parcel on the opposite side of the resaca.

(2) Except as provided by subsection (3) of this section, none of the following events shall occur until a class L permit therefor has been granted and all other applicable provisions of the city Code have been met: a.

"Visible" development. b.

Removal of "visible" vegetation. c.

Development involving an on-site sewage facility. d.

Any development related to a use allowed only in a Light Industrial (or less restrictive) classification.

(3) Under no circumstances shall a class L permit be required for development dealing solely with: a.

Planting additional vegetation, without removing any existing vegetation (other than the

necessary removal of grass). b.

Removing annuals, flower heads, or dead vegetation.

(4) Inside this overlay district, a class L permit shall be processed in the same manner as a class L permit processed by the heritage review committee except that the zoning commission shall perform the functions of the heritage review committee, the application fee shall be $50.00, the appeal fee shall be $100.00, and appeals shall be presented to the city commission by the planning director and/or by the zoning commissioner.

(5) No portion of any of the following items shall be "visible" at any time: a.

Business-related sign (except for customary "no trespassing" sign). b.

Business-related device such as a balloon, pennant, banner, flag, or search light beam. c.

Neon light. d.

Barbed wire or razor wire. e.

Refuse or refuse container (except for customary curbside pickup or customary composting of vegetation grown on-site). f.

Overhead utility wire (except for a temporary wire during construction). g.

Tent (except for non-business-related recreational use). h.

Parked vehicle on business-related premises (except for: vehicle located inside public road right-of-way; customary usage of watercraft; or customary nonstorage usage of vehicle for onpremises construction, landscaping, or public emergency). i.

Flashing, intermittent, rotating, or moving light (except for customary motor vehicles, customary seasonal decorations, or customary emergency lights). j.

Fluorescent colored surface.

(6) The customary usage of watercraft shall be allowed, subject to the following conditions: a.

The watercraft shall not be directly or indirectly related to a business activity. b.

The source of power shall be limited to any of the following: 1.

Wind.

2.

Muscle.

3.

Electric battery for one trolling motor rated at 30 pound thrust or less.

(7) The customary usage of docks shall be allowed, subject to the following conditions: a.

The dock shall not be directly or indirectly related to a business activity. b.

At no point shall a dock extend more than 20 feet from edge of water. c.

For each parcel, the total floor space of all docks shall be limited to 144 square feet (excluding any portion located within four feet of edge of water).

(8) No business shall be open to the public at any time from 12:00 midnight to 7:00 a.m.

(9) No outdoor lighting fixture shall shine directly on any area outside the premises.

(10) The lot and the elevation of "visible" structures shall have a residential appearance, with at least 95 percent of all "visible" walls and roofs being made of brick, lumber, nonmirrored glass, stone, copper, bronze, brass, terracotta, stucco over masonry, roof tiles or shingles, or noncorrosive nonpeeling standing-seam metal roof.

(11) Each freestanding masonry wall shall have a cap running along its entire length.

(12) Each "visible" structure shall have a subdued earth-tone color. Any "visible" unpainted bricks shall have colors similar to the Fort Brown Hospital.

(13) All provisions of the landscape ordinance are incorporated in this section by reference and declared to be a part hereof, subject to all the following conditions and/or exceptions: a.

Except for a single-family detached dwelling or duplex, each required landscape plan shall be prepared by a certified nurseryman (Texas Nursery and Landscape Association), by an architect, by a landscape architect, or by a person with a degree in botany/horticulture/ floriculture. b.

Each required tree (excluding any grandfathered tree) shall be native to Cameron, Hidalgo, Starr, Willacy, or Kenedy counties. Any tree native to any such county may be used as a required tree, with the exception of yucca.

(14) The permitted uses (or accessory uses) shall not include any of the following uses: a.

Sexually oriented business. b.

Amusement arcade. c.

Billboard or other off-premises sign. d.

Lodging for travelers (such as hotel, motel, inn, or bed and breakfast).

e.

Group quarters. f.

Fire or EMS station; or inpatient medical facility. g.

Daycare center or school for persons under 18 years of age. h.

For-profit sale of any used or secondhand item. i.

Business-related outdoor storage, sale, or display. j.

For-profit sale, repair, painting, washing, parking, or other servicing of: vehicles, trailers, tires, parts, oil, fuel or similar items. k.

Hazardous-material facility. l.

On-premises manufacture of goods. m.

Heliport. n.

Business-related outdoor music or fireworks.

(15) The issuance of a separate class W permit shall be a prerequisite for the issuance of each building permit, occupancy certificate, or other development permit. The zoning administrator is allowed to consult with any person during the processing of any class-W permit application.

(16) Each sign, building, or other structure shall be maintained in good condition. No peeling or faded paint shall be "visible". No sign shall refer to a prior business.

(17) Each structure shall comply with the height limit of the applicable area district and shall comply with the following additional requirement: The height limit shall be 24 feet (except that any portion of such structure may be erected higher than the limit, provided that such portion is set back from the landward boundary of the resaca buffer area two feet for each foot of its height above such limit, and further provided that under no circumstances shall the height limit exceed 36 feet).

(18) The following additional provisions shall be applicable to the resaca buffer area, being all land areas located within 20 feet of a resaca's edge of water: a.

Each of the following items shall be prohibited: 1.

Roof.

2.

Wall (except for customary retaining wall that is located within 12 inches of preexisting edge of water and that is no taller than 36 inches above the normal height of water).

3.

Fence (except for exclusively metal fence made of wrought iron or metal bars).

4.

Driveway or parking space (other than driveway for boat ramp).

5.

Light fixture brighter than a 60-watt incandescent bulb.

6.

Sound transmission device (except for customary usage of hearing aid, earphone, mobile phone, police/fire/EMS-operated devices).

7.

Business-related use. b.

The height limit shall be 12 feet for each structure in the resaca buffer area. c.

At ground level, not less than 90 percent of the resaca buffer area shall be completely covered by living vegetation (including grass and/or other plants). d.

The resaca buffer area shall contain resaca trees, with the total number of such trees not being less than the linear feet of the site's shoreline divided by ten (rounded up to the next whole number). (Excluded from such calculation is any portion of the site's shoreline where there is a 20-foot deep forest with undisturbed canopy, understory, and ground cover.) e.

Each required resaca tree (excluding any grandfathered tree) shall be evergreen. No more than 50 percent of the required resaca trees shall be palms. f.

The spacing between required resaca trees shall be a maximum of 20 feet and a minimum of ten feet (measured in a straight line from center of trunk to center of trunk).

(19) Notwithstanding any other provision of any city ordinance or document, the provisions of this overlay district shall be mandatory minimum requirements for each site inside the boundaries of this overlay district. The provisions of this overlay district shall not be modified by any boardof-adjustment special exception, but a person may still apply for a board-of-adjustment variance. Upon receipt of such variance application, the building official shall provide notice thereof by letter to each neighborhood organization qualified under section 324-3 (and to each cultural district) whose boundaries include, or are within a radius of 200 feet from the site.

(Ord. No. 2002-235.58, pt. 1, 11-5-2002) Secs. 348-1072—348-1090. - Reserved.

Sec. 348-1091. - O91 (limited-rezone overlay district).

If a zoning application requests the zoning of any area located within the boundaries of an O91 overlay district, then such application shall comply with all the following additional procedures: (1) For the purposes of this section, The term "zoning application" shall mean any owner-initiated or city-initiated application for changing a use district, area district, and/or overlay district.

(2) During any three-month period no more than one zoning commission public meeting shall be advertised as regards any zoning district change for any area located inside a given parcel, unless a procedural defect or a lack of quorum requires readvertisement of the same application.

(3) Each zoning-application-related fee shall be doubled.

(4) At least 20 calendar days before any public hearing on such application, the zoning administrator shall cause additional written notice thereof to be mailed to the representative of each neighborhood organization qualified under section 324-3 whose boundaries include, or are within a radius of 200 feet from, this particular overlay district.

(5) In order to minimize the number of meetings attended by the public for a given application, none of the following procedures shall be allowed inside this overlay district: a.

Postponement at the request of the applicant. b.

Postponement initiated by the zoning commission or city commission due to the absence of the applicant or any other potential audience member. c.

Reconsideration of the zoning commission's vote after it has adopted its final report. d.

Reconsideration of the city commission's vote after it has denied or passed the ordinance initiated by the application.

(6) Notwithstanding any other provision of any city ordinance or document, the provisions of this overlay district shall be mandatory minimum requirements for each site inside the boundaries of this overlay district.

(Ord. No. 2002-235.58, pt. 2, 11-5-2002) Sec. 348-1092. - Reserved.

Sec. 348-1093. - O93 (limited-specific-use overlay district).

If a specific-use-ordinance application is submitted for any area located within the boundaries of an O93 overlay district, then such application shall comply with all the following additional procedures: (1) For the purposes of this section, "application" shall mean any specific-use-ordinance application.

(2) During any three-month period no more than one zoning commission public meeting shall be advertised as regards any application for any area located inside a given parcel, unless a procedural defect or a lack of quorum requires readvertisement of the same application.

(3) At least 20 calendar days before any public hearing on such application, the zoning administrator shall cause additional written notice thereof to be mailed to the representative of each neighborhood organization qualified under section 324-3 whose boundaries include, or are within a radius of 200 feet from, this particular overlay district.

(4) In order to minimize the number of meetings attended by the public for a given application, none of the following procedures shall be allowed inside this overlay district: a.

Postponement at the request of the applicant. b.

Postponement initiated by the zoning commission or city commission due to the absence of the applicant or any other potential audience member. c.

Reconsideration of the zoning commission's vote after it has adopted its final report. d.

Reconsideration of the city commission's vote after it has denied or passed the ordinance initiated by the application.

(5) Notwithstanding any other provision of any city ordinance or document, the provisions of this overlay district shall be mandatory minimum requirements for each site inside the boundaries of this overlay district.

(Ord. No. 2002-235.58, pt. 3, 11-5-2002) Secs. 348-1094—348-1099. - Reserved.

Sec. 348-1100. - O100 (residential office overlay district).

If any area is located within the boundaries of an O100 overlay district, then the permitted uses in such area shall include all uses allowed in the applicable (official zoning atlas) use district and area district, plus the following uses and conditions: (a) Business types.

(1) Types of businesses which shall be allowed are limited to professional offices.

(2) No non-professional office businesses, including retail, restaurant, or liquor sales or provision for on-site consumption, shall be permitted. (b) Buildings and building construction.

(1) Only one building, excluding accessory uses, shall be permitted per site.

(2) Building construction during evening and nighttime hours, and holidays shall be prohibited.

(3) Noise levels shall be maintained as per applicable residential requirements during any on-site construction.

(4) Buildings shall be single-story, with exterior and rooftop design to be constructed of finished materials such as brick, stucco, stone, and tile to harmonize with the surrounding residential character.

(5) Site properties shall contain a privacy fence with a minimum height of eight feet on any property boundary adjacent to a residential property. Privacy fences may be constructed of wood, stone, stucco, or other appropriate materials which harmonize with the surrounding residential character.

(6) No rooftop equipment shall be visible to adjacent residences.

(c) Site entrance and parking.

(1) One parking area to accommodate no more than ten passenger vehicles shall be permitted at the front of the building.

(2) No more than one entrance to the parking area shall be permitted or as required under the Texas Department of Transportation Access Management Program.

(3) Egress or regress to narrow, two-lane residential streets lacking street curbs, gutters, sidewalks, or proper drainage (such as Tandy Road) is prohibited. (d) Landscaping.

(1) Landscaping and trees shall be required at the front of the site to provide screening and to minimize the view of the parking area from the street.

(2) Additional landscaping and/or trees shall be required where the site property abuts residential property lines. (e) Lighting.

(1) Parking area lights shall be a maximum of 12 feet in height, and shall be adjusted to direct their light downward toward the parking area and site.

(2) Other exterior lights which are not attached to the building shall shine downward, and shall not be of the "mercury vapor" type. (f) Signage.

(1) Any signage must be low-profile in nature, with a height not to exceed eight feet, and with discreet lighting.

(2) No neon lighting, flashing lights, messaging, video imagery, or other showy or bold lighting shall be allowed. (g) Other requirements.

(1) All electrical and service utility lines shall be underground.

(2) Noise levels shall be maintained as per applicable residential requirements (65 dbl) during business operations.

(Ord. No. 2010-235.59, § 2, 6-10-2010) Secs. 348-1101—348-1380. - Reserved.