§ 30. Supplementary district regulations.

(a)

Visibility at intersections/clearances on public ways.

(1)

On a corner lot in any residential district, vegetation shall not be planted or allowed to grow in such a manner to materially impede vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines on such corner lots and a line joining points along said street lines 15 feet from the point of the intersection.

(2)

Clearances over public roadways and sidewalks. Property owners shall maintain trees located on their property so that they do not interfere with the use of sidewalks or streets.

a.

Trees which overhang the paved portion of a public street shall be trimmed to maintain a minimum vertical clearance of at least ten feet.

b.

Trees which overhang public sidewalks shall be trimmed to maintain a minimum vertical clearance of at least eight feet.

(b)

Fences, walls and hedges.

(1)

Fences, walls, and hedges are permitted in or along the edge of any required yard other than a front yard or a side yard contiguous to a side street line, or, if a solid fence, wall, or hedge, within 50 feet of a waterfront. Hurricane, chain-link, and other wire-type fences are prohibited.

(2)

Notwithstanding any other provision of this ordinance to the contrary, any fence, wall, or hedge not in compliance with the provisions of this section 10 shall be removed or otherwise brought into compliance upon the occurrence of any of the following conditions:

a.

Damage to any such fence, wall, or hedge in excess of 50 percent of its value; or

b.

Such fence, wall, or hedge is replaced.

(c)

Accessory buildings. Except as specifically permitted by this ordinance, no accessory building shall be erected in any required yard or front yard, and no separate accessory building shall be erected within five feet of any other building. Accessory buildings shall be permitted in a front yard provided the location of the accessory building is at least 500 feet from the front property line.

(d)

Easement encroachments. Structures, including decks and/or paving, shall not be placed within utility easement, except as provided by the following exceptions:

(1)

The property owner has provided the building official with written verification from each utility having rights within that easement that such utility has consented to the encroachment; or

(2)

The encroachment consists of a driveway or sidewalk which crosses the easement in such a manner as to minimize the width of the encroachment.

(e)

Structures to have access. Every building hereafter erected shall be on a lot adjacent to a public street, or an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(1)

Fronting arterial street. Every building hereafter erected which fronts an arterial street shall have a circular driveway providing separate points for ingress and egress or a turnaround to allow entrance and exit in a forward direction to and from such arterial street.

(f)

Lighting. It shall be unlawful for any person to erect or maintain any artificial light source which creates glare upon a public street, sidewalk or adjacent residential property; provided, however, this provision shall not apply to streetlights installed pursuant to the subdivision regulations of the city.

(g)

Signs. It shall be unlawful for any person to erect, relocate or structurally alter any sign within the city except in conformity with the regulations herein.

(1)

Definitions. For the purposes of this subsection, the following definitions shall apply:

a.

Freestanding or ground sign. Any sign supported by one or more columns, poles, uprights or braces anchored in or on the ground in a permanent nature, and not attached to any building.

b.

Portable sign. Any moveable sign not permanently secured or attached to a structure, support or anchor.

c.

Wall sign. All flat signs, either of solid face construction or individual letters or symbols, which are placed against the exterior wall of any building, parallel to the wall upon which it is attached, and having the advertisement on one face only.

d.

Roof sign. Any sign attached to or mounted upon a building and which extends above any portion of a roofline.

(2)

Prohibited signs. Signs of the following nature are prohibited unless specifically authorized by this ordinance:

a.

Signs located on or within ten feet of public property including, but not limited to, public buildings, streets, arterial streets, bridges, sidewalks, easements, or public rights-of-way within the city.

b.

Portable signs.

c.

Any sign which directs attention to a business, commodity or service sold or offered elsewhere than on the premises where such sign appears.

d.

Freestanding or ground signs which exceed four feet in height above the pavement or finished grade.

e.

Wall signs which extend above the roofline of the building upon which it is erected.

f.

Roof signs.

g.

Waterfront, shoreline, in-water or water signs.

(3)

Structural requirements. All signs and sign structures shall comply with the pertinent requirements of the building and electrical codes of the city.

(4)

Fire hazards. It shall be unlawful for any person to erect, structurally alter or relocate any sign in such a manner as to obstruct, or in all probability cause to obstruct, ingress or egress, firefighting or escape from a building.

(5)

Traffic hazards. It shall be unlawful for any person to erect, structurally alter or relocate any sign in such a manner as to constitute a hazard to pedestrian or vehicular traffic.

(6)

Exceptions and exemptions. The provisions and regulations of this subsection shall not apply to certain classes of signs which are designated in the following subparagraphs; provided, however, such signs shall be subject to the provisions of paragraphs (4) and (5) of this subsection.

a.

Real estate signs not exceeding six square feet in area per sign face pertaining to the sale or rental of the property on which they are displayed, but not more than one such sign for each street frontage, and not located within ten feet of the property line or street right-of-way line.

b.

Traffic or other municipal signs, legal notices or danger signs placed or required to be placed by federal, state or local governments.

c.

Signs of public service, pipeline and utility companies as may be required by their operations in providing services for the health and welfare or regulation of the federal or state governments, or any agency thereof.

d.

Temporary display posters, whether cardboard, silk screen, or otherwise, without independent structural support, used in connection with political campaigns and civic noncommercial health, safety and welfare campaigns, provided such posters shall be removed within five days following the conclusion of such campaign, and provided such posters are not displayed within public roadway rights-of-way.

e.

Flags, emblems, insignia and noncommercial signs of patriotic, charitable, religious or civic character, provided such signs are not erected within ten feet of any street right-of-way line.

(h)

Antennas and other devices.

(1)

The following types of antennas may be placed within a required side yard or back yard, or on the roof of a structure, provided, however, that such antennas may not be located so as to be visible from the street which is adjacent to the front lot line of the property.

a.

A "dish" antenna that is one meter or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite;

b.

An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming service via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite; or

c.

An antenna that is designed to receive local television broadcast signals.

i.

The board of adjustment may grant a special exception to allow the types of antennas listed above to be placed in other locations if it can be shown by the applicant that failure to obtain such special exception would (i) unreasonably delay or prevent installation, maintenance, or use; (ii) unreasonably increase the cost of installation, maintenance or use; or (iii) preclude reception of an acceptable quality signal.

ii.

It shall be unlawful for any person to erect any other type outdoor or external antenna, aerial, satellite dish or other similar device where visible from a public street or adjacent property.

(i)

Ancillary items. Campers, recreational vehicles, trailers, boats and antique or inoperable vehicles shall not be situated or stored such that they are visible from a public street, lake or waterway, or adjacent property, unless they are on a paved surface, at least 50 feet from the front lot line and do not exceed ten feet in height.

(j)

Nonconforming uses.

(1)

Nonconforming use of land. The lawful nonconforming use of land where no building is involved existing on the effective date of this ordinance may be continued for a period of not more than one year therefrom, provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or on adjoining property, and that if such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the regulations of the district in which it is situated.

(2)

Nonconforming use of buildings. Lawful nonconforming use of a building existing upon the effective date of this ordinance may be continued, subject to the following exceptions:

a.

If such nonconforming building is voluntarily removed, the future use of such premises shall be in conformity with the provisions of this ordinance.

b.

If a nonconforming use of any building or premise is discontinued for a period of one year, the use of the same shall thereafter conform to the provisions of the district in which it is situated.

c.

If a nonconforming use is changed to a conforming use, it may not thereafter be changed back to a nonconforming use.

d.

If by amendment to this ordinance property is hereafter transferred to a more restricted district by a change in the district boundaries, or if the regulations and restrictions applicable to a district in which property is located is amended so as to be more restrictive, the provisions of this ordinance relating to the nonconforming use of buildings or premises existing upon the effective date of this ordinance shall apply to buildings or premises occupied or used upon the effective date of such amendment.

e.

Nonconforming uses shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In the event of partial destruction by fire or other causes in excess of 50 percent of value of the nonconforming use, it shall not be restored, rebuilt, or repaired unless it is made to conform to the regulations of the district in which it is situated.

(k)

[ Shipping and storage containers. ] Shipping containers and storage containers are prohibited within the city.

(l)

Residential subdivision entryway structures. Structures marking the entrances to residential subdivisions will be permitted to be constructed over public streets and crossing public rights-of-way, provided such structures meet the following criteria and subject to the following conditions. For the purposes of this section, "entryway structures" shall refer to and mean any type of structure to be built over a public right-of-way, without accessible interior space.

(1)

Permit required. A permit shall be required for all entryway structures. New or existing subdivisions may apply to the building official for construction of entryway structures over planned or existing public streets and rights-of-way.

a.

Structures shall meet all applicable building and safety codes of the city.

b.

Construction plans shall be submitted to the building official for approval, prior to making application to city council

(2)

Council approval required. Council shall review and consider the merits and assurances of perpetual maintenance for each application, and may require staff review and the submission of such other materials as may be determined necessary to ensure an adequate review by council. Approval of such structures shall be made only after a finding that the structures will not be detrimental to the public health, safety and welfare, and will not burden the taxpayers of the city.

(3)

[ Entryway structures. ] Entryway structures shall meet the following standards and requirements:

a.

Entryway structures shall provide a minimum height of 16½ feet clearance above the existing street grade in the center lane, and a minimum of 15 feet clearance above the street pavement at the curb to allow for the free flow and passage of vehicular and pedestrian traffic, and shall be designed to be in context and proportion to the residences within the subdivision. The structure shall have a maximum height of 25 feet at the centerline of the road.

b.

Entryway structures shall not encroach into nor be built upon any portion of the required street paving, nor shall they omit or obstruct required sidewalks, curbs and gutters, paving, utilities, or other public improvements, which are placed within the required right-of-way. In addition, entryway structures shall be built with a one-foot setback from the back of all curbs. The portion of the entryway structure which is located on the ground shall only be located on private property. If the structure is proposed to be built on land that has been dedicated to the public for any use, the applicant must purchase the public interest through the vacation process and ownership must be vested in the homeowners' association. Additionally, the applicant will be required to relocate all existing utility lines. If the property is being platted, the location of the entryway structure must be shown on the plat as a reserve owned by the homeowners' association for entryway signs or open space.

c.

The facade of entryway structures shall be constructed of masonry materials similar to those predominantly in use on residential structures within the subdivision, including but not limited to, brick, stone, or stucco, and shall conform with the materials and colors used in the residential units located within the subdivision.

d.

Restrictive covenants shall be submitted and shall be reviewed by the city attorney prior to city council approval of construction plans. Approval of such plans shall also be required from any subdivision homeowners' association, such approval to be evidenced on such plans by the signature of an authorized representative of such association. Such covenants shall contain adequate provisions for the perpetual care and maintenance of the entryway structure, and such covenants shall be recorded in the Deed Records of Harris County. The provisions for perpetual care and maintenance of the structures shall include required notice to and approval by the city in the event any amendment to the provisions relating to the entryway structures is considered.

e.

Vertical clearance signage shall comply with TXDOT requirements. Metal plaques, with a maximum size of 24 inches by 24 inches stating the name of the subdivision shall be permitted, one on each side of the roadway. Other than such signs, lettering or signage shall not be allowed on the structure.

f.

Gates and gatehouses shall not be allowed across a street or any portion of a public right-of-way.

g.

Lighting: Accent and decorative lighting may be permitted provided an illumination plan is submitted with the application materials and provided that no illumination source casts light or glare on any private property. Neon, flashing, or moving lights will not be permitted under any circumstance. Lighting may be denied where it is determined it impacts private property or causes a traffic hazard.

(4)

[ Required by applicant. ] The applicant for such structures shall submit the following materials to the building official:

a.

Three copies of scaled construction drawings depicting the location of the structures across the street and public right of way, with all information required by the building official;

b.

All required permit fees and completion of applicable permit application forms shall be required prior to acceptance of application by building official, and no review shall begin until such forms are complete.

c.

Certification of approval of plans by the homeowners' association,

d.

Subdivision plat (or revised plat), with all engineering stamps as required by the city's regulations.

e.

Three copies of facade drawings depicting the architectural details of the structure, the colors and materials of the structure.

f.

Copies of the insurance policies, naming the city as an additional insured, in a minimum amount of $1,000,000.00, shall be submitted to the city secretary annually. The applicant and party responsible for the perpetual maintenance of the structure shall indemnify and save harmless the city, its elected and appointed officials, officers, and employees from any and all loss, liability, damage, or injury from any and all suits, claims, or actions brought or filed by any person or persons for or on account of any loss, injury or damage whatsoever sustained in, caused by or arising or resulting from the placing, maintenance or removal of the entryway structures.

g.

Letters from all utility companies who presently have improvements within, or have a right to use, the utility easements within the subdivision for location of their lines, said letters to state that the companies have no objections to the proposed placement of the entryway structures. Relocation of utility lines may be required at the applicant's expense and becomes a revision to a plat and requires meeting all regulations and standards of the utility providers and city regulations.

h.

A survey, plan and profile of the site showing the location of the entryway structure and property within ten feet from any side of the structure unless site characteristics require more area.

i.

Such other documentation as may be reasonable to afford the building official and council the necessary information for review of the application.

j.

Upon approval by city council and review and approval of the construction plans, the building official shall issue a building permit.

(5)

Removal or demolition. After plan approval, an estimate shall be prepared by the applicant's engineer of the costs of removal of the entryway structure and remediation of the site back to its original condition. The applicant must demonstrate to the satisfaction of the city council that the applicant has and will have the financial capability to cover such future demolition and removal costs.

(m)

Façade requirements—Residential. The following façade requirements shall apply to all residential structures in all residential districts, including the R-1 single family residential district and the R-2 single family residential district-waterfront.

(1)

Any building constructed or designed for single family residential use shall have an exterior finish or construction of at least 60 percent brick, stone or other masonry. In computing such area, the percentage of roof area shall be excluded, but attached garages, porches and other structures constituting part of the building proper shall be included.

(2)

The first floor elevation of all single family residential buildings shall be located within five feet of the natural grade of the lot on which the structure is located.

(3)

The front façade facing the public right-of-way of the first floor of all single family residential buildings or stuctures shall include an entryway, porch and other architecutral elements that relate to the human scale. Residential entries shall be located on the first floor front façade and shall directly access the sidewalk or street.

(4)

Stilt residential buildings and structures are prohibited, except for covered patios not visible from a present or future public right-of-way.

(5)

Development review. A building elevation and site plan shall be submitted with each building permit application. The elevation and site plan shall illustrate and describe the proposed building design features, materials and colors, landscaping, screening walls, fences, sidewalks and covers.

(6)

The zoning board of adjustment may grant a special exception to the requirements of this subsection (m) if:

a.

The first floor elevation required by another provision of the City's Code of Ordinances exceeds five feet above natural grade;

b.

The property owner submits, as part of the application for special exception, a preliminary sketch and site plan of the structures proposed, including an exterior elevation sufficient to assist the board in evaluating the proposed building, structure or alterations; and

c.

Granting the special exception would not alter the character of the area, impair the use of the adjacent property, or grant a special privilege inconsistent with other properties in the area.

d.

The board may approve, disapprove or approve with conditions the issuance of a building permit in accordance with the criteria above and as the board deems appropriate to accomplish the purposes of the special exception.

e.

The board must approve the final plans and elevations drawn to scale.

f.

The final decision of the board must be in writing and reflect the roll call vote.

(Ord. No. 07-543, § 1.G, 10-22-07; Ord. No. 18-687, § 1, 3-21-18)