(a)

The city is hereby divided into the following zoning districts:

(1)

T transitional;

(2)

R-1 residential—Single-family/residential;

(3)

R-2 residential—Medium density residential;

(4)

TR-1 tourist/recreational;

(5)

TR-2 tourist/recreational;

(6)

TR-3 tourist/recreational;

(7)

C-1 commercial;

(8)

C-2 commercial;

(9)

I-1 industrial—Light;

(10)

HI—Harbor Island;

(11)

CZ-1 corridor zone;

(12)

CZ-2 zone;

(13)

CPOZ—Coastal protection overlay zone.

(b)

The boundaries of the various districts created hereby are shown on the official zoning map. The map and all markings, notations, references and other information shown on said map shall be and are hereby made a part of this chapter as if all were fully set forth or described herein. The original drawing of this map, properly signed and attested, is on file with the city secretary. The city secretary shall maintain said map in the office of the city secretary. The map shall be updated as changes are made in zoning district classification of any property.

(c)

Yards, parking space or lot area required for one (1) building or use cannot be used for another building or use.

(d)

Every building shall be on a platted lot.

(e)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules apply:

(1)

The district boundaries are either streets or alleys unless otherwise shown, and where the district designated on the zoning map are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.

(2)

Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the zoning map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.

(3)

In any unsubdivided property the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

(4)

In the case of a district boundary line dividing a property into two (2) parts, the district boundary line shall be construed to be the property line nearest the district line as shown.

(5)

Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2000-3, § 1, 5-18-00; Ord. No. 2002-08, § 3, 7-18-02; Ord. No. 2002-17, § 1, 9-12-02; Ord. No. 2010-05, § 1, 3-18-10; Ord. No. 2016-13 , § 1, 8-2-16)

The purpose of the transitional district is to grant a provisional, temporary designation to newly annexed areas of the city. This district functions as a holding district where no land and no building shall be used for any purpose except those purposes and uses allowed in an R-1 single-family residential district. The city shall expeditiously establish the appropriate zoning district designation for all such property.

(Ord. No. 97-8, § 1, 7-17-97)

In this district no land or building shall be used, erected for, or converted to any use other than:

(1)

Single-family residence. Long term rental is allowed. Temporary, transient rental of single-family residence structures is not allowed, except as a blanket special permit under section 25-271);

(2)

Churches, schools, and parks;

(3)

Accessory uses and buildings which are accessory to the uses expressly allowed in this district.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 99-2, § 1, 2-18-99; Ord. No. 2010-05, § 1, 3-18-10)

In this district no land or building shall be used, erected for, or converted to any use other than:

(1)

Any use allowed in an R-1 district. Within this district long term rental and temporary, transient rental of single-family residence structures is allowed;

(2)

Bed and breakfast;

(3)

Multifamily uses, attached or detached, not exceeding four (4) dwelling units per lot and commercial operations included in the complex for the benefit of occupants, such as coin-operated laundries and vending machines. Temporary, transient rental of multifamily uses is allowed);

(4)

Home occupations;

(5)

HUD-Code manufactured homes (temporary, transient rental of HUD-Code manufactured homes is not allowed);

(6)

Accessory uses and building which are accessory to the uses expressly allowed in this district.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 99-2, § 1, 2-18-99; Ord. No. 2010-05, § 1, 3-18-1)

In this district no land or building shall be used, erected for, or converted to any use other than:

(1)

Any use allowed in an R-1 district;

(2)

Any use allowed in an R-2 district;

(3)

Hotels, motels and multifamily dwellings and commercial operations included in the complex for the benefit of the occupants, such as, coin-operated laundries and vending machines;

(4)

Outdoor recreational facilities, such as swimming pools, athletic tracks, tennis courts, and sport fields;

(5)

RV parks, RV subdivisions, HUD-Code manufactured home parks, and HUD-Code manufactured home subdivisions, except in the area extending from Access Road 1A/Piper Boulevard south to the city limit line;

(6)

Buildings for public benefit, such as museums, libraries, police and fire stations;

(7)

Accessory uses and buildings which are accessory to the uses expressly allowed in this district.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2000-11, § 1, 11-13-00; Ord. No. 2010-05, § 1, 3-18-10)

In this district no land or building shall be used, erected for, or converted to any use other than:

(1)

Any use allowed in a R-1 district;

(2)

Any use allowed in a R-2 district;

(3)

Any use allowed in a TR-1 district;

(4)

Accessory uses and buildings which are accessory to the uses expressly allowed in this district, including cafes and restaurants, provided they are an attendant business of a hotel, motel, or multifamily dwelling and are located in the complex primarily for the benefit of occupants and without alcohol sales, except in-room sales (as approved by the administrator).

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2010-05, § 1, 3-18-10)

In this district no land or building shall be used, erected for, or converted to any use other than:

(1)

Any use allowed in a R-1 district;

(2)

Any use allowed in a R-2 district;

(3)

Any use allowed in a TR-1 district;

(4)

Any use allowed in a TR-2 district;

(5)

Golf courses;

(6)

Assisted living complexes;

(7)

Accessory uses and buildings which are accessory to the uses expressly allowed in this district including bars, retail sales, rental facilities, cosmetology, hair salons, spas, massage, and game rooms, provided they are located in a hotel, motel or attached multifamily dwelling structure (as approved by the administrator).

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2010-05, § 1, 3-18-10)

In this district no land or building shall be used, erected for, or converted to any use other than:

(1)

Any use allowed in an R-1 district;

(2)

Any use allowed in an R-2 district;

(3)

Any use allowed in a TR-1 district;

(4)

Any use allowed in a TR-2 district;

(5)

Any use allowed in a TR-3 district;

(6)

Professional offices such as the offices of dentists, physicians, psychiatrists, psychologists, mental health counselors, chiropractors, doctors, attorneys, real estate brokers and appraisers, financial advisors, accountants, mortgage brokers, title companies, insurance agents;

(7)

Government buildings and offices;

(8)

Offices;

(9)

Studios, such as photographic, artist, and music;

(10)

Financial institutions, such as savings and loans, credit unions, and banks;

(11)

Retail sales and rental facilities;

(12)

Cosmetology, barber and beauty shops;

(13)

Dry cleaners, laundries, laundromats and washaterias;

(14)

Accessory uses and buildings which are accessory to the uses expressly allowed in this district.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2010-05, § 1, 3-18-10)

In this district no land or building shall be used, erected for, or converted to any use other than:

* (1)

Single-family and multifamily detached dwelling units (see additional conditions);

(2)

Multifamily attached dwellings (townhomes, condominiums, apartments, two (2) units or greater);

(3)

Churches;

* (4)

Schools/day cares (see additional conditions);

(5)

Home occupations;

(6)

Parks;

*□ (7)

HUD-Code manufactured homes (temporary transient rentals prohibited (see additional conditions);

(8)

Hotel, motels;

(9)

Medical, dental, clinics;

*□ (10)

Hospitals (see additional conditions);

* (11)

Outdoor recreational facilities (such as pools, tracks, tennis courts, and ball fields (see additional conditions));

*□ (12)

RV parks and RV subdivisions (see additional conditions);

(13)

Buildings for public benefit such as museums, libraries, police and fire stations;

(14)

Cafes/restaurants/bakeries;

(15)

Bars/night clubs/music venues;

(16)

Professional offices;

*(17)

Government/public utility building facilities (see additional conditions);

(18)

Studios, artist, music;

(19)

Financial institutions;

(20)

Retail sales and rental facilities;

(21)

Barber/beauty shops/spas/massage;

* (22)

Dry cleaners/laundromat (see additional conditions);

(23)

Micro breweries;

(24)

Gasoline service stations;

*□ (25)

Storage facilities (see additional conditions);

(26)

Marinas/boat docks/marine charters/bait stands and fish cleaning and sales customarily associated with marinas and docks;

(27)

Recreation facilities (miniature golf, game arcade room, bowling alley, skating rink, movie theaters);

* (28)

Boat, trailer, RV, and automobile service and engine repairs, excluding body work, welding, spray painting or sand blasting (see additional conditions);

*□ (29)

Ice plants and cold storage (excluding ice vending machines) (see additional conditions);

*□ (30)

Airports and airport support facilities (see additional conditions);

* (31)

Car/boat washes (see additional conditions);

* (32)

Boat and car sales (see additional conditions);

* (33)

Home improvement outdoor retail, lumberyards, nurseries (see additional conditions);

* (34)

Dry stack boat storage (see additional conditions);

*□ (35)

Carpenter/furniture shops (see additional conditions);

*□ (36)

Indoor veterinary hospitals and kennels (outdoor day use exercise yards may be approved by the administrator (see additional conditions));

(37)

Accessory uses and buildings which are accessory to the uses expressly allowed in this district.

Additional Conditions:

* This use, directly fronting or directly adjacent to Alister Street is prohibited unless an allowable use structure of equal size or greater, lies between this proposed use and the Alister Street right-of-way (as approved by the administrator).

□ This use, directly fronting or directly adjacent to Avenue G (the portion of Avenue G from the Alister Street intersection to the beach) and Cotter Avenue is prohibited unless an allowable use structure of equal size or greater, lies between this proposed use and the Avenue G and Cotter Avenue rights-of-way (as approved by the administrator).

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2010-05, § 1, 3-18-10)

In this district no land or building shall be used, erected for, or converted to any use other than:

(1)

Any use allowed in any other district, except the I-2 heavy industrial district;

(2)

Storage and distribution of products, goods, and services such as: food and beverages, apparel and other finished clothing products;

(3)

Boat, trailer, RV, and automobile body and engine service and repair, provided all spray painting and sandblasting shall be done in an enclosed building;

(4)

Contractors or storage yards;

(5)

Monument or marble works, finishing and carving only;

(6)

Paint shops, spray painting or paint mixing, in an enclosed building. Outdoors on a limited use not to exceed ninety (90) days in any calendar year;

(7)

Stables, public or riding;

(8)

Storage in fully enclosed warehouses for commodities and materials;

(9)

Welding shops, custom work, not including structural welding;

(10)

Accessory uses and buildings which are accessory to the uses expressly allowed in this district.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2000-11, § 4, 11-13-00; Ord. No. 2010-05, § 1, 3-18-10)

In this district no land or building shall be used, erected for, or converted to any use other than:

(1)

Any lawful, non-dwelling, non-residential use listed in R-1, R-2, TR-1, TR-2, TR-3, C-1, C-2, or I-1;

(2)

Light manufacturing;

(3)

Marine terminals;

(4)

Storage Facilities for oil and/or gas;

(5)

Ship yards;

(6)

Fabrication yards;

(7)

Offshore oil/gas support services;

(8)

Cruise ship/Gaming ship terminal;

(9)

Research and testing laboratories;

(10)

Communication towers;

(11)

Concrete and asphalt batch plants;

(12)

Seafood processing, packing, and storage;

(13)

Dwellings for resident watchmen/caretakers;

(14)

Dredge material placement areas.

Planned unit developments are encouraged.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2010-05, § 1, 3-18-10; Ord. No. 2014-06, § 1.b, 2-20-14)

In this district no land or building shall be used, erected for or converted to any use other than:

(1)

Open space preserve areas and associated facilities and programming;

(2)

Public parks and recreation facilities;

(3)

Campgrounds and amenities;

(4)

Fishing piers and retail/food and beverage sales provided they are clearly incidental and secondary with the main use to which the property is put.

(Ord. No. 2010-05, § 1, 3-18-10)

In this district no land or building shall be used, erected for, or converted to any use other than:

(1)

As regulated by Ordinance No. 2007-21.

(Ord. No. 2010-05, § 1, 3-18-10)

In this district no land or building shall be used, erected for, or converted to any use other than:

(1)

NPUD—Newport as regulated by Ordinances Nos. 2003-04, 2008-19 and 2010-05.

(2)

PBPUD—Palmilla Beach Resort as regulated by Ordinance No. 2015-10.

(Ord. No. 2010-05, § 1, 3-18-10; Ord. No. 2016-13 , § 1, 8-2-16)

In this district no land or building shall be used, erected for, or converted to any use other than:

(1)

As regulated by Ordinance No. 2008-18.

(Ord. No. 2010-05, § 1, 3-18-10)

(a)

Use regulations. As there are multiple zoning districts within this corridor zone, each district’s allowable uses shall be permitted with the following exceptions:

(1)

RV parks and RV subdivisions are not permitted;

(2)

HUD-Code manufactured homes, sites and HUD-Code manufactured home parks and HUD-Code manufactured home subdivisions are not permitted;

(3)

Storage facilities for the storage of personal effects, boats, RVs and other motor vehicles are not permitted.

Notwithstanding the above, no adult motion picture theater, adult book store, or commercial sexual exhibition as defined at section 25-211 and no sexually oriented commercial activity as defined at section 25-226 is allowed in the CZ-1 corridor zone.

(b)

Setback/yard regulations. Save and except for existing platted lots that do not face Highway 361, a building setback from the lot line fronting Highway 361 shall be a minimum of forty (40) feet or twenty-five (25) feet if the setback incorporates twenty (20) feet of greenbelt landscaping to include sod, plantings, and/or trees and impervious surface does not exceed seven hundred forty (740) square feet within the twenty (20) foot greenbelt;

(c)

Driveway regulations. All driveways shall be built to comply with the Texas Department of Transportation’s regulations for access drives to state highways, and in addition the following requirements shall apply:

(1)

The width of all drives with highway access shall be a minimum of sixteen (16) feet and a maximum of thirty-seven (37) feet with a maximum radius of twenty-five (25) feet;

(2)

All highway access drives shall be constructed using hot mix asphalt, concrete material, brick, decorating stone, or grass crete from the edge of the pavement of Highway 361 to the building setback line;

(3)

In order to have a driveway accessing Highway 361, properties platted after the date of this section must have a minimum of one hundred (100) feet of frontage along Highway 361. For lots with over three hundred (300) feet of frontage on Highway 361, additional driveway access points to Highway 361 will be allowed according to the table below:

Some platted developments may contain a platted lot fronting on Highway 361, which lot has less than one hundred (100) feet of frontage along Highway 361 and which lot is legally dedicated to private roadway purposes, providing vehicular access to Highway 361 from the other lot or lots in the platted development. The lot which is dedicated by plat to such private roadway purposes is not a “lot” for the purposes of this subsection (3), and the construction of a driveway within or upon such lot onto Highway 361 is not intended to be precluded by this subsection (3).

(4)

For lots platted prior to the date of this section, one (1) driveway per parcel shall be allowed along Highway 361. Additional driveways shall be allowed in accordance with the table above;

(5)

Drainage structures under the driveway shall be in accordance with the master drainage plan and shall be approved by the city engineer.

(d)

Lighting standards. All lighting fixtures shall comply with the division 3 outdoor lighting standards as set forth in this chapter.

(e)

Utility lines. All new utility lines shall be placed underground.

(f)

Environmental controls. To promote safety and preserve an attractive appearance in the corridor zone district, the following rules shall apply:

(1)

Satellite dishes over twenty (20) inches in diameter shall be completely screened from view from any adjacent property or public way.

(2)

All dumpsters shall be located at the rear of the property or shall be completely screened on three (3) sides and must be screened from any adjacent property or public way. All trash and debris shall be kept out of sight.

(3)

Television, microwave and radio towers are prohibited in this district.

(4)

This district allows outdoor display of products that are sold regularly and that pertain to the business use of the property in question. Outdoor storage of any goods is prohibited. This provision supplements section 12-1, et seq., Port Aransas Code of Ordinances.

(g)

Sign regulations. The following rules apply to all outdoor signs:

(1)

On-premises signs are allowed;

(2)

No new off-premises signs will be permitted for a period of one (1) year commencing on May 18, 2001;

(3)

Off premises signs lawfully existing on the effective date of this article shall be allowed as nonconforming uses and structures, in accordance with other applicable provisions of this Code.

(h)

Minimum lot size.

(1)

Any lot fronting Highway 361 shall be a minimum of twelve thousand (12,000) square feet in area and have a minimum of one hundred (100) feet of continuous frontage on Highway 361. Some platted developments may contain a platted lot fronting on Highway 361, which lot has less than one hundred (100) feet of frontage along Highway 361 and which lot is legally dedicated to private roadway purposes, providing vehicular access to Highway 361 from the other lot or lots in the platted development. It is not intended that this subsection (1) preclude such a lot or development.

(2)

Any lot lawfully platted at the time of this section does not require the above minimum area and frontage. The above minimum area and frontage shall be required if the lot is replatted.

(Ord. No. 2000-3, § 4, 5-18-00; Ord. No. 2000-11, § 2, 1-13-00; Ord. No. 2001-04, § 1, 7-19-01; Ord. No. 2010-05, § 1, 3-18-10)

(a)

This zone is an overlay zone. The regulations imposed by this section will apply to all real property located within the zone regardless of the underlying zoning designation of said property. In the event of a conflict between a regulation imposed by this section and a regulation imposed by the underlying zoning district in which a particular property is located, this regulation shall apply.

(b)

The following regulations apply to all properties within this zone.

(1)

Height. No structure shall exceed thirty-five (35) feet in height as defined in section 25-1.

(2)

Glass. No structure shall have more than four (4) square feet of glass per linear foot of exterior front or sidewall. The allowable glass area can be placed in any location or configuration within the wall for which it was calculated. Glass must be contiguous with associated floor area, meaning that glass must be located in the wall where a floor is abutting that wall. Any additional floor must be composed of at least twenty-five (25) percent of the square footage of the bottom floor.

(3)

Roofs and equipment. If a building has a roof slope of three (3) to one (1) or less, a two (2) feet minimum or greater parapet wall not to exceed the height limit as stated in subsection 25-153(b)(1), awning, dormer, or mansard roof shall be attached on the front of the building.

(4)

Above-ground storage containers. All above ground storage containers such as dumpsters, grease storage containers, and metal storage containers, located within the property, shall be completely screened from view from any public right-of-way. In no case shall this provision require screening in excess of eight (8) feet above average grade.

(5)

Utility lines. All new construction service lines must be located underground.

(6)

Antenna towers. No antenna towers over fifty (50) feet in height are allowed.

(7)

Landscaping. All new construction shall have an area of landscaping equal to a minimum twenty-five (25) percent of front twenty (20) feet as measured from front property line. For construction with internal parking circulation this area shall be located between the parking area and the street and for frontal pull-in parking the area shall be forward of the front building line.

(8)

Lighting standards. All lighting fixtures shall comply with the division 3 lighting standards as set forth in this chapter.

(9)

Building scale design.

a.

Definitions: The following are definitions of specialized terms and phrases used in this chapter.

Colonnade shall mean a series of ornamental or structural columns used to support a roof, deck or trellis on the outer surface of a wall plane.

Column shall mean an ornamental or structural, vertical supporting member used to support a roof, deck or trellis on the outer surface of a wall plane.

Mezzanine shall mean one (1) or more intermediate levels between the floor and ceiling of a story.

Perceptually separated shall mean when a wall plane appears to be separated by a prescribed method.

Physically separated shall mean when two (2) wall plane segments are considered separated by a prescribed dimension.

Scale shall mean a measure of size as it relates to a specific proportion.

Wall plane shall mean a two-dimensional surface that represents the outside face of one (1) side of a building envelope.

Wall plane segment shall mean a segment of a wall plane that represents a proportion with a desirable scale.

b.

The following regulations apply to all properties that are larger than eighteen hundred (1,800) square feet for single story and twenty-four hundred fifty (2,450) square feet for multi-story. Mezzanines shall have no effect on the number of stories; however, their area shall contribute to the total square footage of a building.

1.

Large wall planes facing a street and adjacent to these properties shall be separated into smaller wall segments. The wall segments will be no larger than thirty-five (35) by twenty-two (22) feet or twenty-two (22) by thirty-five (35) feet.

2.

To accomplish the use of smaller wall planes at least one (1) of the following methods must be used:

(a)

Wall planes shall be considered physically separated, accomplishing horizontal and vertical offsets, if:

i.

An offset of five (5) feet or more is utilized between them;

ii.

Turned at a corner not greater than one hundred thirty-five (135) degrees and extend a minimum of five (5) feet in length beyond the corner;

(b)

Wall planes shall be considered perceptually separated if:

i.

Use of colonnades. A minimum of three (3) columns shall be placed no less than five (5) feet off the wall plane and the columns shall be spaced no more than fourteen (14) feet on center. Each wall surface framed between a pair of columns, the finished floor, and structure above, not exceeding one hundred thirty (130) square feet shall be considered a wall segment. The height of wall or beam over the colonnade shall not exceed two (2) feet, and any wall plane above and behind the colonnade shall not exceed three hundred (300) square feet. Single-level or multi-level colonnades can be used;

ii.

Use of colonnades to accomplish horizontal off-sets. They must extend the whole length of the wall segment or within eighteen (18) inches of the corner to be considered separated. A minimum of three (3) columns will be no less than five (5) feet off the wall, and the columns shall be spaced no more than twelve (12) feet on center. The space framed between pairs of columns, finished floor and structure above shall not exceed one hundred thirty (130) square feet. Single-level or multi-level colonnades can be used;

iii.

Using a covered stoop or balcony to accomplish vertical offsets. They must extend within eighteen (18) inches of the whole height for the wall segment to be considered separated. A minimum of two (2) columns will be no more than twelve (12) feet apart on center or less than five (5) feet off of the wall. The space framed between pairs of columns, finished floor and structure above shall not exceed one hundred thirty (130) square feet. Single-level or multi-level balconies can be used;

(c)

Through setbacks. If front, side, or rear setbacks are increased by ten (10) feet or greater, the wall segment length or width may be increased by one-half (½) foot for every foot of setback. At least twenty-five (25) percent of the additional setback area should be used for green space or landscaping.

(d)

Through materials. Door, window, or sculptural elements and material changes will not be acceptable to accomplish a wall offset.

(c)

Non-conformity/compliance.

(1)

Height, glass, building materials, roof and roof equipment. If associated structure is altered, damaged, or destroyed, the building shall be allowed to be reconstructed to the existing configuration so long as the building permit process is initiated within one (1) year of the alteration, damage, or destruction.

(2)

Above-ground storage containers. All above-ground storage containers such as dumpsters, grease storage containers, and metal storage containers shall meet current codes within one (1) year of the adoption of this ordinance.

(3)

Lighting standards. All lighting fixtures shall comply with the division 3 lighting standards as set forth in this chapter.

(4)

Building scale design. Any addition to an existing building, creating an area over eighteen hundred (1,800) square feet for single story and twenty-four hundred fifty (2,450) square feet for multi-story, shall meet all regulations of chapter 25.

Any building which is legally existing on the date of passage of section 25-139(b)(9) but which is not in conformity with that subsection is covered as a legal, nonconforming building by sections 25-241 and 25-242, and additionally, notwithstanding any conflicting provisions of section 25-241 or section 25-242: if (1) said building is destroyed or damaged by fire or other accidental or natural cause or said building is altered, and (2) the damage or destruction or the alteration work includes the exterior or any part of it, and (3) the cost to repair all of the damage or destruction or the cost to complete all of the alteration work exceeds fifty (50) percent of the appraised value of the building according to the Nueces County Tax Appraisal District at the time of the occurrence of said alteration, damage or destruction, the building must be made to conform to the requirements of subsection (b)(9).

(Ord. No. 2002-08, § 3, 7-18-02; Ord. No. 2002-17, § 1, 9-12-02; Ord. No 2003-03, § 1, 2-20-03; Ord. No. 2010-05, § 1, 3-18-10)

In order to provide for new and unlisted uses, a determination as to the appropriate classification of such uses shall be made in the same way as any other change to regulations applicable within a zoning district is made.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2000-3, § 2, 5-18-00; Ord. No. 2002-08, § 3, 7-18-02; Ord. No. 2002-17, § 1, 9-12-02; Ord. No. 2010-05, § 1, 3-18-10)

Cross reference— Administration, Ch. 2.

The area described by this zone is bound by the thousand-foot (1,000)(dune protection line to the west, mean high tide line to the east, Access Road 1A to the south and Avenue G to the north.

(1)

This zone is an overlay zone. The regulations imposed by this section will only apply to all real property located within the zone whose sole access is derived from the beach road abutting the Gulf of Mexico regardless of the underlying zoning designation of said property. These regulations will apply unless or until such time as the real property and each lot therein secures frontage on a paved street. In the event of a conflict between a regulation imposed by this section and a regulation imposed by the underlying zoning district in which a particular property is located, this regulation if applicable shall apply.

(2)

The following special regulations apply to applicable properties within this zone.

a.

Any and all development within the coastal protection overlay zone must still conform to the city’s coastal management plan.

b.

Property may be platted per chapter 21, article III, plat contents and approval procedure, provided there is no subdivision of the property.

c.

Development of property is limited to a maximum of three (3) dwelling units per acre.

d.

No structure shall exceed thirty-five (35) feet in height.

e.

Access from the Gulf Beach Road is limited to one (1) access per property regardless of the number of dwelling units. Access must be approved by the city and when applicable the Texas General Land Office.

d.

New access requested after September 1, 2016 when so permitted resulting in a cut through the dune system must be restored to its previous state within one hundred eighty (180) days at such time approved landward access from a paved street becomes available. When approved landward access is obtained, any associated Texas General Land Office ingress/egress leases shall immediately be vacated.

(Ord. No. 2016-13 , § 1, 8-2-16)