This chapter shall be construed liberally to effect the purposes hereof and the rules of this section shall be observed except when the context clearly requires otherwise:

A.

Words used or defined in one (1) tense or form shall include other tenses or derivative forms.

B.

Words in the singular shall include the plural, and words in the plural shall include the singular.

C.

The masculine gender shall include the feminine, and the feminine shall include the masculine.

D.

The words "shall" or "will" are mandatory.

E.

The word "may" is permissive.

F.

In the event that this chapter shall contain provisions which are in conflict or provide differing regulations as to the same type of requirement, property or use, then in such case, the most restrictive provision shall be deemed controlling.

G.

In the event of a conflict between the text of this chapter and any caption, illustration, table or map, the text shall control.

H.

In the event of obvious mistake in drafting or other misstatement in the text of this chapter, in any amendment hereto or order or decision issued hereunder where it reasonably appears that such error was inadvertent and an obvious mistake, such error or mistake shall not prevent the plain intent from being given to such provisions of this chapter, amendment, decision or order.

I.

In the event of conflict between any of the provisions or sections of this chapter, or in the event the meaning or intent of any of the provisions or sections of this text is not plain and obvious, the City Council, the Planning and Zoning Commission or the Board of Adjustment, if any of them be the body designated to act with respect to applicable provisions or sections of this chapter, shall interpret the same and shall note as part of their decision, order or recommendation, the interpretation provided. However, in the event that any decision, order or recommendation made by any board, commission or individual is subject to final action or review by the City Council, the City Council shall not be bound to the interpretation as established by such board, commission or individual, but shall be free under the terms and provisions of this chapter to act as if it were considering the question de novo and to provide appropriate interpretation. Any final interpretation provided hereunder shall be deemed controlling on any further action concerning such decision, order or recommendation.

J.

In the event that the member or members of City staff designated under the terms and provisions of this chapter to perform a certain function or to carry out a certain duty, obligation or responsibility, cannot perform such function, such staff member or members may, subject to the provisions of this Code, delegate to someone else the duties and responsibilities imposed upon them herein; and such designee shall serve with the same powers, responsibilities and obligations imposed on the principal staff member or members herein. Any reference to any such staff member or members in this chapter shall constitute a reference to any such designee.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The following definitions shall apply in the interpretation and the enforcement of this chapter:

(1)

Access. Any point of ingress or egress between streets, driveways, sidewalks or any combination thereof.

(2)

Accessory use. A structure or use which:

a)

Is subordinate and incidental to and serves a principal building or a principal use;

b)

Is subordinate in area, extent and purpose to the principal structure or principal use served;

c)

Contributes to the comfort, convenience or necessity of the occupants, business or industry in the principal structure or use;

d)

Is located on the same lot as the principal structure or its use; and

e)

Is detached from the principal structure.

EXCEPTION: An accessory use or structure may be attached to a main residential structure, provided it is attached only by means of another structure, such as a breezeway or a carport, which connecting structure is enclosed by walls on no more than two (2) sides.

(3)

Alley. A public space or thoroughfare which affords only secondary means of access to property abutting thereon and not over thirty (30) feet in right-of-way width.

(4)

Amusement, commercial indoors. An amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to, a bowling alley or billiard parlor.

(4.5)

Antenna. Any exterior apparatus designed for wireless radio, television, microwave or telephonic communication through the sending and/or receiving of electromagnetic waves except direct satellite T.V., personal T.V., radio towers and antennas for non-commercial service or antennas located on independent support structures which are being used primarily for the transmission of electrical power by a public utility.

(4.75)

Antenna support structure. The term antenna support structure includes any of the following:

a)

Monopole antenna structure. A self supporting pole type structure with no guy support, tapering from base to top and so designed to support fixtures which hold one (1) or more antennas and related equipment.

b)

Lattice antenna structure. A steel lattice, self supporting structure with no guy wire support, so designed to support fixtures which hold one (1) or more antennas and related equipment.

c)

Guy lattice antenna structure. A steel lattice, guy wire supported structure, so designed to support fixtures which hold one (1) or more antennas and related equipment.

d)

Independent support structures. Buildings, other than residences, or other structures such as water towers, steeples or utility poles that can support fixtures for one (1) or more antennas.

(5)

Antique shop. An establishment offering for sale within a building, articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design and sentiment.

(5.25)

Arcade. An arched or covered passageway attached to a building façade.

(5.5)

Architectural features in side yard. Projections from a side residential building line that are either roof eaves, and/or chimneys and/or bay windows. No feature which touches or is in any way directly attached to the ground or foundation shall be considered an architectural feature. No other projection from a side residential building line shall be considered an architectural feature.

(6)

Art gallery or museum. An institution for the collection, display and distribution of objects of art or science and which is operated by a public or quasi-public agency and which facility is open to the general public.

(6.25)

Articulation. Architectural design method in which particular elements and parts of a building are made more distinct through variation in flat surfaces and straight lines (e.g., building facades, rooflines, etc.).

(6.5)

Assisted living facility. A multifamily, residential facility, the primary purpose of which is to provide long term housing, together with personal care (collectively, "assisted living services"), to persons who, because of their age or physical condition, desire or require such personal care. An assisted living facility shall also satisfy the requirements of the Texas Department of Health with respect to a Personal Care Home, Type A or B, as defined in the Texas Administrative Code under Title 25, Part 2, chapter 145, Subchapter L.

An assisted living facility may also provide medical or nursing care services to its residents, in addition to personal care; provided that the primary purpose of the facility shall be to provide assisted living services. Such personal care and other services shall be administered by an employee, staff member, facility representative, or other responsible adult who is under the general supervision of a facility. An assisted living facility may be a part of hospital or nursing home, if such uses are otherwise permitted under this Code. Unless otherwise specifically approved by the City Council and Planning and Zoning Commission, an assisted living facility shall not be used for the primary purpose of housing or treating (a) persons addicted to or dependent on drugs or alcohol; (b) intellectually disabled or emotionally disturbed individuals; or (c) persons with long-term, chronic or terminal illnesses, whether or not communicable. Notwithstanding the above, residents of the facility, from time to time may suffer from any one (1) or more of such conditions and may receive treatment at such assisted living facility.

(7)

Athletic facilities/clubs. Commercial swimming, tennis, racquetball or other athletic facilities that are privately owned and operated as private clubs or that are open to the public.

(8)

Auto or motorcycles sales. A place wherein automobiles or motorcycles are on the premises within a building or within a screened storage area and are available for sale to the ultimate consumer.

(9)

Auto parts sales. A place wherein automobile parts, including but not limited to tires and/or mufflers, are on the premises within a building or within a screened storage area and are available for sale to the ultimate consumer.

(9.5)

Auto sales and auto-related sales and services. A place or places wherein new automobiles are on the premises within a building or within a paved holding area and are available for sale to the ultimate consumer. Said place or places may engage in used car sales, auto parts sales and services to the extent that such sales and services are subordinate and incidental to the sale of new automobiles on the premises.

(10)

Reserved.

(11)

Automobile service station. Any building, structure or land used primarily for supplying automobile fuel and motor oil, at retail direct to the customer, including the supplying of accessories, replacement parts and services essential to the normal operation of automobiles, but not including body or fender work, painting or major motor repairs.

(12)

Reserved.

(13)

Average equivalent lot size. The number of square feet within a residential planned development district divided by the number of dwelling units within the district, excluding from the computation all public lands within the district that were in existence prior to the creation of the district.

(14)

Bakery or confectionery shop (retail). Any place used for the purpose of mixing, compounding and baking for retail sale, any bread, biscuit, pretzels, crackers, buns, rolls, macaroni, cake, pie or any other food products of which flour or meal is a principal ingredient.

(15)

Bakery (wholesale). Any place used for the purpose of mixing, compounding and baking for sale to a retailer or for sale to a restaurant, retail baker or hotel, any bread, biscuit, pretzels, crackers, buns, rolls, macaroni, cake, pie or any other food products of which flour or meal is a principal ingredient.

(16)

Block. An area enclosed by streets and occupied by or intended for buildings; or if said work is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side.

(17)

Board of Adjustment. (Hereinafter referred to as Board.) A board having powers and duties as provided in other sections of this chapter, without limitation, to hear matters on appeal concerning interpretation of the provisions of this chapter, to grant variances and special exceptions. The Board of Adjustment may, in addition, require the discontinuance of nonconforming uses of lands or structures.

(18)

Boat. A vessel of any size designed to transport people or cargo across water.

(19)

Bottling plant. A place wherein beverages are bottled under pressure for sale at wholesale or retail.

(20)

Buffer. The area, space or physical means which is established to protect or insulate one (1) land use or one (1) building from another.

(21)

Building. A structure lawfully erected under the terms and provisions of the Code of Ordinances of the City of Bellaire, having a roof and designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind. Said building may have common party walls when erected in accordance with the Code of Ordinances of the City.

(22)

Building line. A line usually parallel to the property line, which is the outermost line of permissible building construction.

(23)

Building material storage and wholesaling. A place in which building materials customarily used in the construction and/or remodeling of dwellings or commercial structures are stored and are sold to contractors, builders or other persons engaged in the construction and/or alteration of structures or improvements.

(24)

Building Official. A person duly appointed by the City Manager of the City of Bellaire, as provided in other sections of this chapter, without limitation, charged with the duty and obligation of issuing permits and certificates of occupancy and primarily charged with the responsibility of enforcing the provisions of this chapter.

(25)

Building permit. A permit issued by the Building Official under the terms and provisions of Chapter 9 of this Code.

(25.5)

Business and professional offices and services. Places wherein commercial enterprises or professional fields of endeavor are conducted, such as but not limited to the following: real estate services, management services, veterinary services, physician and dental services, legal services, accounting, auditing and bookkeeping services, and education and scientific research services.

(26)

Cabinet or upholstery shop. A place wherein cabinetry is manufactured and/or fabricated or where fabrics are applied to furniture and are finished.

(27)

Cafeteria. A place where meals and drinks are served to the public generally or selected portions of the public, in a manner whereby such meals or drinks are served at a counter or in a line.

(28)

Camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use.

(29)

Certificate of Compliance. A certificate issued by the signature of the Administrative Official certifying that a proposed development complies with the terms and provisions of this chapter and Code; such certification shall constitute a statement as to compliance of proposed buildings with this chapter and Code.

(30)

Certificate of Occupancy. A certificate issued by the Building Official which certifies that a structure has been erected in accordance with this Code and shall have as its effect permitting the occupancy of a building.

(31)

City Center. An area of the City bounded by Chimney Rock Road (west), Bissonnet Street, Linden Street and Bellaire Boulevard (south), South Rice Avenue and Third Street (east), and Locust Street and the northern boundaries of lots facing Spruce Street (north).

(32)

City Council. The body established under and by the authority of the Charter of the City of Bellaire as being the body ultimately responsible for the enactment of ordinances and enforcement thereof and having the ultimate authority for amendment or repeal of any provisions of this chapter. (See Articles I and II of the Charter of the City of Bellaire.)

(33)

City Manager. The chief administrative officer of the City of Bellaire.

(34)

Cleaning and dyeing plant (commercial). A place wherein textile fabrics or other materials are dry cleaned, refurbished, washed or treated for cleaning, preservation and renewal and wherein such fabrics may, in addition, be dyed by the application of coloring or bleaching agents in order to change or alter their physical appearance or status.

(35)

Cleaning or laundry (small shop or pick-up). A cleaning or laundry establishment where the work is performed other than on the premises.

(36)

Clothing store. A commercial establishment limited to the sale of clothing and clothing accessories to the ultimate consumer.

(37)

Collector lane. A driveway within a surface parking area designed to collect and distribute traffic between parking spaces and public streets.

(38)

Collector street. A roadway designed to provide direct access to residential, commercial, industrial and other activity areas with a primary function of collecting and distributing traffic between local access streets and the major thoroughfare system as follows: Glenmont Drive, Newcastle Drive, Evergreen Street, and Avenue B.

(39)

College or university. An academic institution of higher learning accredited or recognized by the State and offering a program or series of programs of academic study.

(40)

Commencement of construction. Any work on the project site pertaining to the work of the project itself that is in addition to the preliminary work of locating signs and temporary construction buildings and facilities on the site, and in addition to clearing and grading the site.

(41)

Commercial parking lots (areas). An open paved area offering parking facilities for the general public for payment of a daily, weekly, monthly or hourly tariff.

(42)

Commercial residential. A building or development wherein all of the first floor building/floor area is devoted to commercial use and not more than fifty (50) percent of the total building/floor area of all floors combined is devoted to residential use.

(43)

Commercial type vehicle. Any vehicle with self-motive power or designed to be drawn, three-quarter ton or more in size, or which is licensed by the State of Texas as a commercial vehicle or which is used to haul or carry passengers or cargo for financial gain or profit.

(43.5)

Communication industry systems and operations. Places wherein telephone, telegraph, radio broadcasting and transmitting, television broadcasting and transmitting, combined radio and television systems or other communication systems or operations are located.

(43.75)

Communication Tower. Any structure built on the ground that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting antennas, and related equipment except tower structures on real property owned, leased, held, used or dedicated for use by a public utility when such structures are used for rendering utility service, such as a structure being used primarily for the transmission of electrical power by a public utility.

(44)

Community Center (public). A building and grounds owned by the City of Bellaire for the social, recreational, health or welfare of the community.

(45)

Community shopping center. A shopping area designed to serve a trade area of forty thousand (40,000) to one hundred fifty thousand (150,000) people with a minimum site of ten (10) acres in area, where the lead tenant is a variety discount or junior department store.

(45.5)

Conference center facility. A facility that is devoted to hosting conventions and special events and providing meeting, exhibition and public assembly space, either as a stand-alone facility or attached to a hotel, office building or other complementary land use.

(46)

Consumer. A person or persons who are ultimate users or purchasers of goods or services.

(47)

Contractor's shop or yard. A place wherein work may be performed or equipment stored or used in conjunction with services rendered by a contractor in conjunction with agreements and undertakings by said contractor to perform services for third parties on a periodic by job basis.

(48)

Contractual interest (person holding). An interest obtained by written agreement and held by any person, partnership or corporation in real property. Such interest must be capable of being demonstrated and must appear on its face to be superior to all other interests of a similar nature. Such interest must, in addition, not be in conflict with that of the record title owner.

(49)

Corner lot. A lot adjoining the point of intersection of two (2) or more public streets and in which the interior angle of approximately one thirty-five (135)º or less is formed by the extensions of the street lines in the directions which they take at their intersections with lot lines other than street lines.

(49.5)

Cornice. A horizontal molded projection that crowns or completes the top of a building or wall.

(50)

Court. An open, unoccupied space bounded on two (2) or more sides by exterior walls of a building or buildings. An inner court is a court entirely surrounded by the exterior walls of a building or buildings. An outer court is a court having at least one (1) side open to a street, alley, yard or other permanent space.

(50.5)

Crime Prevention Through Environmental Design (CPTED). A multi-disciplinary approach to deterring criminal behavior through purposeful design of development sites, buildings, parking areas and public spaces to increase visibility and minimize potential hiding places.

(51)

Cul-de-sac. A dead-end street with a circular turn-around meeting minimum specifications of this Code for streets and turn-arounds.

(52)

Custom personal service shop. A commercial establishment such as barber, beauty, tailor, dressmaker, cabinet and upholstery shops, to provide such types of services to the ultimate consumer.

(53)

Density, residential. The number of dwelling units per gross area of land.

(54)

Department store. A commercial establishment housing general merchandise for sale to the ultimate consumer including, but not limited to, men's, women's and children's clothing, shoes, dry goods, furniture and household appliances.

(55)

Development. The carrying out of any building operation requiring permits under the terms and provisions of this Code or the making of any material change in the use or appearance of any structure or land requiring a permit or other authority under this Code.

(56)

District. See "Zoning district."

(56.5)

Dormer. An extension built out from a sloping roof to accommodate a vertical window.

(57)

Drapery and/or carpet shop. A commercial establishment wherein window hangings may be custom made on or off-premises for sale to the ultimate consumer or where carpeting is displayed and sold to the ultimate consumer or wherein both window hangings and carpeting are sold to the ultimate consumer.

(58)

Drive-in banking facilities. A place where a person or persons may conduct banking transactions from an automobile without the necessity of leaving such automobile.

(59)

Dwelling, multi-family. A residential structure on one (1) plot of land, containing separate living units for three (3) or more families, but which may have joint services or facilities.

(60)

Dwelling, single-family. A residential structure in which the members of a single family reside and no more than two (2) of the occupants thereof are unrelated.

(60.5)

Dwelling, townhouse. A single-family dwelling unit constructed in a group of two (2) or more attached units in which each unit has its own access to the outside, no unit is located over another, and each is separated from any other unit by one (1) or more common, fire-resistant walls and is located on a separately platted lot.

(61)

Dwelling unit. A building or portion of a building which is arranged, occupied or intended to be occupied by a family as living quarters and includes facilities for food preparation and sleeping.

(62)

Easement. The lawful right one (1) person or entity has to use the land of another for a specific or general purpose and for a definite or indefinite term.

(63)

Electrical generating plant (private). A facility used for the generation of electric energy for transmission to ultimate consumers or additional transmission point.

(64)

Engine or motor repair shop. A place wherein engines and motors of every type are serviced and parts replaced for general use.

(64.5)

Estate housing development. Any housing permitted under the regulations provided in this chapter for the Mulberry Residential Estate District other than housing of a type existing at the time of adoption of this provision.

(65)

Expansion of nonconforming use. Enlargement by the addition of floor area, coverage or addition of land wherein there is located a use or structure which, although lawful at the time of its inception, is not prohibited under this chapter.

(66)

Facilities owned and maintained by the City. The buildings of municipal government and related service facilities such as, but not limited to, libraries or recreational centers or other department offices.

(67)

Family. Any number of individuals living together as a single housekeeping unit in which no more than two (2) individuals are unrelated by blood, marriage or adoption.

(68)

Fence. A structure used as a means of enclosure or screening primarily designed to keep people or animals in or out, or used as a visual barrier and constructed in accordance with the requirements of this Code.

(69)

Field of vision. The normal uninterrupted spectrum of sight enjoyed by a person while making visual observations without turning or eye movements of any kind.

(70)

Financial institution. A commercial establishment where matters concerning money, economic management and the application of money are conducted: a bank, savings and loan or insurance company.

(71)

Floor area. The sum of the gross horizontal surface areas of the several stories of the building measured from the exterior walls or from the center line of party walls, excluding parking structures or that portion of any structure devoted to parking. Stairwells, elevator shafts, atriums and other open areas shall only be included in the computation of floor area as to the actual floor space of such areas.

(72)

Floor area ratio (FAR). The floor area of the building or buildings on a lot divided by the area of the lot.

(73)

Florist or plant shop. A commercial establishment where plants, flowers, greenery and other products of the art of horticulture are sold to the ultimate consumer.

(74)

Front. That part or side of a building or lot which has both the main point of ingress to and egress from the building or structure and abuts a street or a court. Where the main point of ingress or egress is not certain, then the front shall be deemed to be the side of a building which has assigned to it the street number address for that building.

(75)

Front yard. An open, unoccupied space on a lot facing a street, extending across the front of a lot between the side lot lines and from the outermost surface of the main building to the front lot line, with the minimum distance between the front lot line and the main building line as specified for the district in which the lot is located.

(76)

Frontage. The length of a building or lot which fronts and abuts a public parking area or a public street or area. The length of a common surface parking area abutting a public street or a public way.

(77)

Furniture store. A commercial establishment wherein home or office furnishings and related accessories are sold to the ultimate consumer.

(77.5)

Gable. A triangular area of an exterior wall under the inverted "v" formed at the end of a pitched roof.

(78)

Garage, commercial. A garage structure (building) offering parking facilities for the general public for payment of a daily, weekly, monthly or hourly tariff.

(79)

Garage, residential (in Planned Developments). An attached or unattached structure being an enclosure designed to be used in the storage of at least two (2) standard size automobiles.

(80)

Garden shop including greenhouses or nursery stock storage area. A place wherein flowers, plants and other growing foliage, seeds, tools and implements are sold or kept for service or sale to ultimate consumers and individuals engaged in gardening and/or landscaping.

(81)

Grade. The line or elevation of the inclination from the horizontal.

(81.5)

Green roof system. The complete or partial covering of a building roof with vegetation and a growing medium, planted over a waterproofing membrane, which may also include additional layers such as a root barrier and drainage and irrigations systems. Such rooftop systems are typically used to absorb and/or retain rainwater, provide insulation, create urban habitat for wildlife, and help to lower urban air temperatures.

(82)

Grocery store. A commercial establishment wherein fresh produce, meats, staples and various and sundry perishable and non-perishable items related to the daily needs of a household are sold to the ultimate consumer.

(83)

Hardware store. A commercial establishment wherein supplies, tools and accessories for home and garden are sold to the ultimate consumer.

(83.5)

Head shops. Any retail establishment open to the public that presents, displays, or offers for sale, distribution, or delivery, smoking paraphernalia items of any kind. "Smoking paraphernalia" shall mean paraphernalia, devices, or instruments, including but not limited to pipes, bongs, and hookahs, that are designed or manufactured for the smoking, ingesting, inhaling, or otherwise introducing into the body "controlled substances" as defined by the Texas Controlled Substance Act, Health and Safety Code, Ch. 481, as may be amended. "Smoking paraphernalia" shall also mean and include, in the broadest application possible, kits that are used, intended to be used, or commonly known to be used for the ingestion, inhalation, preparation, or injection of illegal substances, and include any device or instrument which has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking or ingestion of marijuana, hashish, cocaine, methamphetamine, any other "controlled substance," "controlled substance analogue," "synthetic controlled substance," or other substance or chemical that mimics the effect of THC such as synthetic cannabinoids or other controlled substances, or any other substance that violates local, state, or federal law, and is adapted for the purpose of smoking or ingesting by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding that it might also be possible to use the smoking paraphernalia for some other purpose. "Smoking paraphernalia" shall also mean and include, in the broadest application possible, kits that are used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance, or from which a controlled substance can be derived from the manufacturing, compounding, converting, producing, processing or preparing of a controlled substance. "Smoking paraphernalia" does not include lighters, matches, cigarette holders, and devices used to store or preserve tobacco, tobacco cigarettes, cigarette papers or cigars, nor does it include e-cigarette, e-pipe and e-cigar devices or their respective components including but not limited to the atomizer unit, liquid nicotine reservoir or nicotine cartridge tank, and cartomizer.

(84)

Height. The vertical distance of a building measured from the top of the lowest level of the top of the foundation of the building enclosed within the outer walls of the structure to the top of the highest point of the structure, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers and antenna onto cupolas, domes and spires and parapet walls not exceeding ten (10) feet in height.

(84.5)

High-capacity power transmission lines. Lines for the bulk transfer of electrical energy between generating power plants and substations at transmission-level voltage, which is distinct from the local wiring for final delivery of electric power to retail customers at distribution-level voltage.

(85)

Home occupation. A business, profession, or trade conducted within or from a residential building or accessory structure for gain or support by a resident of the dwelling, which is incidental and secondary to the residential use of the building and does not change the essential residential character of the use. Particular occupations permitted are listed in Section 24-517(d) and are subject to all applicable provisions of this chapter.

(86)

Hospital. An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life.

(87)

Hotel. A building in which lodging is provided or offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby.

(88)

Household appliance sales and/or service. The sale and service of refrigerators, washing machines, ranges or other electrical or gas equipment for use in the home.

(89)

Reserved.

(90)

Reserved.

(91)

Kindergarten, nursery and/or day care center. An establishment where ten (10) or more children are housed for care and pre-school activities, which meets licensing requirements as established by the State of Texas.

(92)

Kitchen facilities. A room or area principally designed for or containing appliances for the cold storage of foods or for the preparation of hot foods.

(93)

Land. The earth, water and air, above, below or on the surface, and including any improvements or structures customarily regarded as land.

(94)

Land use intensity. A term referring to the types and extent of uses, activities, coverage, building dimensions and open space existing upon a designated tract or parcel of land.

(95)

Laundry and dry-cleaning plant. A physical facility containing equipment and machinery designed to launder and/or dry-clean clothing, fabric or other textiles.

(96)

Level of Service C. A condition existing under various speed and volume conditions on a highway or street as defined in the Highway Capacity Manual, that has been determined to be generally acceptable to meet the needs of travelers to progress along streets and through intersections without undue delay.

(97)

Light compounding or fabrication. The manufacturing of any item not involving the generation of noise, odor, vibration, dust or hazard, including a scientific laboratory or dental laboratory.

(98)

Light manufacturing. Any place or plant wherein any product or thing, including food or beverage products, is manufactured or processed, wherein such operation conforms to the performance standards herein specified for noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire and explosive or hazardous matter, vibration and open storage.

(99)

Local access street. A residential or non-residential street designed to provide direct access to individual homes, shops, abutting land and similar traffic destinations, with no provision for through traffic (e.g. Little Lake Street, Spruce Street).

(100)

Loop 610 Corridor. The area of land paralleling Interstate Highway 610 that is generally recognized as affected by traffic on Interstate Highway 610.

(101)

Lot. A part of a properly platted and recorded subdivision which shall be readily identifiable upon a plat of such subdivision, which plat shall show the dimensions of its subdivision lots and dimensions of all streets, alleys, squares, parks or other portions of the same intended to be dedicated to public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto.

(102)

Lot coverage (site coverage). The area of a particular lot or tract which is covered with buildings and other surfaces.

(103)

Lot coverage ratio (LCR). The ratio of buildings and other surfaces to the lot area, including all parts of the lot covered with other surfaces of any kind.

(104)

Lot depth. The average distance between the front and rear property lines.

(105)

Lot lines. The lines bounding a lot.

(106)

Lot width. The average distance between the side property lines.

(107)

Mayor. The presiding officer of the City Council and chief elected officer of the City of Bellaire.

(107.5)

Mini-storage business. A commercial establishment which operates a facility that is subdivided into secure storage spaces that are rented to customers on a short-term or periodic basis (e.g., for storage of personal items, archive materials, vehicles and/or boats, etc.).

(108)

Mixed-use development. A combined land use project containing two (2) or more component land uses.

(109)

Mobile home. A structure transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities.

(110)

Mortuary or funeral home. An establishment where the dead are prepared for burial or cremation, where the body may be viewed and where funeral services are sometimes held.

(111)

Motel. A building in which lodging is provided or offered to the public for compensation, which is characterized by ingress to and egress from the rooms usually through an outside entrance, and which is of a design oriented to the short term occupancy needs of tourists traveling by automobile.

(112)

Motor home. A vehicular unit designed to provide temporary living quarters for recreational, camping or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van which is an integral part of the complete unit.

(113)

Needlework, weaving or other arts and crafts. An establishment wherein supplies and materials are sold or work actually performed in the art of needlework, weaving, painting or other handicrafts.

(113.5)

Movie theater, indoor. A commercial establishment which provides one (1) or more auditorium spaces for the showing of movies for public entertainment upon customer purchase of a ticket, and which may also involve preparation and serving of food and beverages for consumption on the premises (also known as a "cinema").

(114)

Neighborhood. A predominantly residential area distinguishable from surrounding areas by recognizable functional boundaries, such as major arterials or City limits.

(115)

Neighborhood shopping center. A shopping area designed to serve a trade area of two thousand five hundred (2,500) to forty thousand (40,000) people and with a minimum site of three (3) acres in area where the lead tenant is a grocery or drug store.

(116)

Newsstand. An establishment wherein daily, weekly and monthly news publications from the local region and other regions are sold to the ultimate consumer.

(117)

Nonconforming lot of record. A lot being a part of a plat duly filed for record in the office of the County Clerk of Harris County, Texas, as provided for by law, which lot does not conform to the requirements of this chapter.

(118)

Nonconforming use. Any use lawfully being made of any land prior to the enactment of this chapter or any amendment hereto, which upon adoption of this chapter or any amendment, does not comply with all the regulations of this chapter or any amendment hereto, thus rendering such use nonconforming. A nonconforming use may relate to land, building, structure or any parts thereof.

(118.5)

Office residential. A building or development wherein all of the first floor building/floor area is devoted to office use and not more than fifty (50) percent of the total building/floor area of all floors combined is devoted to residential use.

(119)

Office supplies, stationery or letter shop. An establishment that sells to the ultimate consumer supplies for use at home or office including, but not limited to, writing paper supplies and other items generally used in relation to the administration of business or social activities.

(120)

Official Zoning District Map. The map adopted as a part of this chapter having delineated thereon all the zoning districts and the boundaries thereof within the City of Bellaire.

(121)

On-site parking, non-residential. An area set aside for temporary parking (at no charge) of automobiles being used by persons shopping for goods or services or by persons there temporarily to conduct business on the premises.

(122)

On-site parking, residential. A paved area on a residential lot set aside for the parking of motor vehicles.

(123)

Open space. Any area of land or water set aside, open and unobstructed to the sky.

(123.1)

Other surface. As used in determining lot coverage and lot coverage ratio, any material applied to the surface of land, which does not permit the natural infiltration of water into the ground, including, but not limited to, air conditioning pads, asphalt, bath houses, concrete, decks, patios, porches, driveways, garbage pads, gazebos, parking areas, paving systems (whether permeable or not), sidewalks, swimming pools, spas, sports courts, except for the ground area of the buildings. The water surface area of a swimming pool or a spa, fifty (50) percent of an uncovered wood deck constructed over bare soil, loosely graveled walkways, and artificial turf, installed behind the front building line, constructed in a method approved by the City engineer and providing not less than 0.30 acre feet of detention per acre of artificial turf shall not be considered another surface.

(124)

Outermost surface. That part of any building, excluding eaves and roof extensions that do not extend a distance greater than five (5) feet, which is closest to the street abutting the lot on which the building is located.

(125)

Owner. Any legal entity, person or otherwise who holds superior title to and can evidence superior title in real or personal property.

(126)

Package liquor store. A commercial establishment wherein alcoholic beverages (beer, wine and spirits) are sold to the ultimate consumer.

(127)

Paint and/or wallpaper store. A commercial establishment wherein paint products or other wall covering products are sold to the ultimate consumer.

(128)

Parcel. Any quantity of land capable of being described with such definiteness that its location and boundaries may be established.

(129)

Parking space. An enclosed or unenclosed all-weather surfaced area not on a public street or alley together with an all-weather surfaced driveway connecting parking space with a street or alley, permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done directly on the public street shall not be classified as off-street parking in computing the parking requirement for any use.

(130)

Particulate matter. Any material except uncombined water which exists in a finely divided form as a liquid or solid at standard conditions when released into the atmosphere.

(131)

Passenger terminal, bus passenger station or heliport. A place designated and used for embarkation onto and debarkation from a bus or other mode of mass transportation or to move passengers from one (1) mode of transportation to another by debarkation and embarkation.

(131.5)

Pawnshop. A location at which or premises in which a pawnbroker regularly conducts business. A pawnbroker is a person engaged in the business of (a) lending money on the security of pledged goods deposited with or otherwise delivered into the possession of the pawnbroker, or (b) purchasing goods on condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period. (Texas Finance Code, Section 371.003.)

(132)

Person. Any natural person or entity created by law including, but not limited to, a corporation (profit or non-profit), partnership or association.

(132.5)

Personal care. The supervision of, or limited assistance with, routine living functions of a person who, because of his/her age or physical condition, desires or requires such personal care. The following are examples of personal care:

a)

Assistance with medication regimen;

b)

Assistance with hygiene;

c)

Assistance with grooming, including assistance with dressing; and

d)

Assistance with ambulation.

(133)

Pet shop and pet grooming. A commercial establishment wherein household pets are sold, washed, groomed and kept within a building.

(134)

Pharmacy. A commercial establishment wherein substances used for medicinal purposes are sold to the ultimate consumer.

(134.5)

Place of worship. A building or buildings where persons regularly assemble for organized religious worship, religious education and activities to promote fellowship among persons who are members or visitors of the organized religious body occupying the building or buildings.

(135)

Planned development district (Amendment). A zoning district of the City of Bellaire approved in accordance with provisions of this chapter for amendments to the chapter and Official Zoning District Map, which has, as a part of the amendment, a site plan for development of the entire district.

(136)

Planning and Zoning Commission. The Planning and Zoning Commission of the City of Bellaire, Texas.

(137)

Plat (subdivision plat), final. A document including a graphic description of a tract of land by metes and bounds and giving the dimensions of all streets, alleys, squares, parks and other public areas, and giving the dimensions of all lots or tracts contained therein and which has been finally approved under the provisions of this Code or prior law.

(138)

Plat (subdivision plat), preliminary. A document including a graphic description of a tract of land by metes and bounds and giving the dimensions of all streets, alleys, sidewalks and other public places, which has been submitted for review and possible tentative approval, but has not been filed with the City for final approval nor for record with Harris County in accordance with V.T.C.A., Local Government Code ch. 212.

(139)

Primary arterial. A major thoroughfare with limited at-grade access, which expands and links to the expressway system and is designed primarily for movement of through traffic as follows: Chimney Rock Road, Bellaire Boulevard, Bissonnet Street, IH 610.

(140)

Printing plants and shops. Places wherein the printing of circulars, news or other written material is performed.

(141)

Private club. A place wherein members gather for friendship and recreation, which has such membership restricted to persons who are actually on the rolls of membership of such club or their guests.

(142)

Property building line. The line drawn on the subdivision plat indicating the front or outermost line or point where a building may be erected or the line established by reference to this Code as being the front or outermost line or point where a building may be erected. In case of conflict between the provisions of this Code and the designated property building line on the subdivision plat, the line designated providing the greatest setback distance shall control.

(142.5)

Public service drive. A dedicated public right-of-way to access homes within an estate housing development that meets the minimum standards for "alleys" serving townhomes as set forth in Section 23.5-21(b) of the Code of Ordinances of the City of Bellaire.

(143)

Public utility plants and offices. Plants used by utility franchisees of the City of Bellaire for the maintenance and continuation of service to the citizens of Bellaire and such offices as shall be necessary for the reasonable support of such function.

(144)

Radio or television broadcasting stations, studios or offices. A place wherein television and/or radio programs are originated and broadcasted, including the support facilities and offices necessary for such production and operation.

(145)

Radio, television or microwave towers. Structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding non-commercial antennae installations for home reception of radio or television.

(146)

Rear yard. An open, unoccupied space, except for accessory buildings as permitted, extending across the rear of a lot from one (1) side lot line to the other side lot line and having a minimum depth between the end of the main building and the rear lot line as specified for the district in which the lot is located.

(147)

Recreational vehicle. A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.

(148)

Restaurant. An eating establishment where food and drink are served to customers in a dining room or in a building or where food is prepared.

(149)

Restaurant with drive-in service. An eating establishment where food and drink are served to customers for consumption in motor vehicles parked on the premises or where facilities are provided which encourage the serving or consumption of food in motor vehicles.

(149.5)

Retail Residential. A building or development wherein all of the first floor building/floor area is devoted to retail use and not more than fifty (50) percent of the total building/floor area for all floors combined is devoted to retail use.

(150)

Retail sales and service establishments. Establishments for the sale of consumer goods, commodities and services to ultimate consumers or users.

(151)

Right-of-way. A strip of land either dedicated or owned by the City or other public agency and used for the purpose of a public way or roadway. The area designated as a right-of-way shall not be included in computing the area or size of a lot or tract.

(152)

School. An institution, either public or private, organized and operated for the purposes of providing facilities for the education of children and/or adults based upon an organized curriculum or study plan, accredited by or application for accreditation pending before the appropriate state agency.

(153)

School, business or trade. A place of instruction or education wherein physical, mechanical or other skills that may be used in business or commerce are taught and which may be operated for profit.

(153.5)

Score line. A notch or incision on a building façade, often in a different color and/or texture, to add variety and visual interest to exterior walls.

(154)

Screen, screening. A wall or fence located in the front, rear or side yard in accordance with standards herein set forth and erected for the purpose of giving privacy and reducing noise impact.

(155)

Secondary arterial. A major thoroughfare with limited at-grade access, which supports the primary arterial system by providing essential system linkages to expressways, primary arterials and activity centers of medium intensity as follows: Fournace Place and South Rice Avenue.

(156)

Service station. See "Automobile service station."

(157)

Setback. The required distance between the outermost part of any building and the property line.

(158)

Side yard. An open space on each side of a building and on the same lot with the building, situated between the building and side line of the lot and extending through from the front yard to the rear yard. Air conditioning units may occupy space in the side yard at the discretion of the Building Official, provided that such location does not create a violation of the City's fire code or any other code, ordinance, rule, or regulation of the City of Bellaire. Any lot line, not the rear line or a front line, shall be deemed to be a side line.

(159)

Sign. A structure or any part thereof which is used or intended to be used to attract attention to a subject matter for advertising purposes, and properly permitted under the provisions of this Code.

(160)

Site. A lot, tract or parcel of property, being described by lot and block number, metes and bounds and/or parts thereof, developed and/or intended to be developed by the erection of a building or buildings and which shall include front, rear and side yards where applicable.

(161)

Site coverage (lot coverage). The area of a particular site or tract which is covered with buildings and impervious (impermeable) surfaces.

(162)

Site plan or plans. A one-dimensional graphic illustration setting forth minimum and maximum requirements for ingress to and egress from the property, public or private streets or drives, with adequate right-of-way, sidewalks, utilities, drainage, maximum lot coverage, yards and open spaces, screening walls or fences, landscaping and other development and protective requirements including maintenance considered necessary to create a reasonable transition to and protection of the adjacent property.

(163)

Small household appliance sales and/or service. The sale and service of irons, coffee pots, electric mixers, blenders and other small electrical equipment useful in the home.

(164)

Special exception. A type of relief granted by the Board of Adjustment pursuant to the terms and authorization contained in this chapter for particular and unique situations, which may include expansion of nonconforming uses.

(165)

Specific use. A use permitted by ordinance in a district where it is not necessarily incompatible but where it might cause harm if not watched. Exceptions are authorized under conditions which will insure their compatibility with surrounding uses.

(166)

Specific use amendment. An amendment authorizing a certain use which, because of its nature, is not subject to categorizing into specific zoning districts, subject to such conditions or limitations as the City Council shall provide.

(167)

Speed copying service. A place of business designed to provide duplication and/or photocopying of papers, documents or business records.

(167.5)

Sports stadium or arena. A facility that serves as a venue for the viewing of athletic competitions, concerts and other special events by providing a field or court area or stage which is either partly or completely surrounded by a structure with seating for spectators, usually in tiers.

(168)

Statement of ownership. A sworn statement by a person swearing to or affirming the legal or equitable ownership of real property.

(169)

Storm drainage policy. Regulations adopted and administered jointly by the Building Official and the Administrative Official, providing criteria for the development and improvement of land drainage and flood prevention. See also Chapter 9 of this Code, Article II-A.

(170)

Story. That part of a building between the surface of a floor (whether or not counted for purposes of computing floor area ratio) and the ceiling immediately above. A "working" story is for functional residential or nonresidential use, at least eight (8) feet in height from the surface of the floor to the ceiling immediately above.

EXCEPTION: Any subsurface space for parking, storage or permitted use that has a vertical distance when measured from the surface of a floor to the ceiling immediately above that is at least eighty (80) percent below the surface of the grade that is the highest point of elevation of the street or streets abutting the site.

EXCEPTION: Any space for one (1) level of drive under parking that is at grade level or immediately above permitted subsurface parking.

(171)

Street. Any thoroughfare, road, highway or public driveway other than an alley, and more than thirty (30) feet right-of-way in width, which has been dedicated or deeded to the public for public use expressly or by implication.

(172)

Structure. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, excluding paved surface access ways and surface parking areas, approved surface water detention facilities and architectural/landscaping embellishment.

(173)

Studio for photography, music, art or health. A place where professionally trained persons provide certain services including instruction in photographic renditions of people or things, instruction in the use of musical instruments, instruction in artistic renditions including sculpture, painting and similar arts, and instruction or place for physical health and well-being.

(174)

Subdivision. A tract of land identifiable upon a plat duly approved and filed for record in the office of the County Clerk of Harris County, Texas, which shall clearly delineate the location and dimensions of all lots within such subdivision, streets, alleys, squares, parks or other portions intended for public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto, and which shall be accurately described upon said plat by metes and bounds in order that the same might be located with respect to an original corner of the original survey of which it is a part.

(174.25)

Tattoo shop. A commercial use involving the creation of an indelible mark, figure, word or graphic illustration upon a human body by the insertion of pigment under the skin or by the production of scars or scarring.

(174.5)

Technical research facilities. A place or places wherein office uses, technical laboratories, computer centers, engineering operations, research and/or related light manufacturing uses are located.

(174.55)

Theater, for live performances. A facility which provides one (1) or more auditorium spaces in which plays and other dramatic, musical or entertainment performances are provided to an audience, either as a commercial operation involving customer ticket purchases, or as a free (public or nonprofit) venue. The facility may also involve preparation and serving of food and beverages for consumption on the premises.

(174.6)

Theatrical fly space. The area in a theater above the stage into which scenery and other accessories are hoisted to an extent that the scenery and other accessories are not visible to the audience.

(174.7)

Through lot. Any lot that connects two (2) generally parallel streets and is adjacent to more than one (1) interior lot on the same side.

(175)

Tire retreading or recapping. A place wherein tires used on vehicles are repaired by the addition of new tread surface to such tires.

(175.5)

Traffic impact analysis. A specialized engineering study which quantitatively assesses the adequacy of the existing structure or future transportation infrastructure to accommodate additional trips generated by a proposed development, redevelopment, or land rezoning. This report should be signed and sealed by a licensed professional engineer and must be approved by the Administrative Official.

(176)

Trailer rental or sales. A place wherein trailers, regardless of class or size, are rented on a temporary basis or sold.

(177)

Travel agency. A place wherein persons provide services in planning travel, including the sale of tickets and passage on buses, ships and airplanes.

(178)

Travel trailer. A vehicular unit up to thirty-two (32) feet in length and eight (8) feet in width, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle.

(178.5)

Trip generation report. A report that includes the estimated maximum AM peak, PM peak, and total daily volume trip generation of the proposed facility, the planned circulation of inbound and outbound traffic during operation, and the estimated length of any queuing of cars, if applicable. The trip generation report shall also include a statement from the owner/operator that they agree to operate the facility in accordance with the approved circulation plan, which must be approved by the Administrative Official, and to install the necessary mitigation measures if traffic issues present themselves in the future.

(179)

Truck and construction equipment sales and service. A place wherein vehicles, including trucks of any size, are sold and serviced, including any type of equipment used in the construction industry.

(180)

Truck camper. A portable unit constructed to provide temporary living quarters for recreational, camping or travel use, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck.

(181)

Use. The particular type of function or purpose to which land and/or structure is committed.

(182)

Variance. Relief granted by order of the Board of Adjustment, not contrary to the public interest, where owing to special conditions the literal enforcement of the regulations of this chapter will result in unnecessary hardship.

(183)

Veterinary clinic (no outside pet facilities or runs). A place wherein animals are brought for the purposes of providing medical care and examination and for the purpose of providing treatment, diagnosis or other medical attention to sick, disabled or otherwise infirm animals.

(184)

Wall. The side of a room or building between the floor, foundation and the ceiling and roof, built to enclose, divide, support or protect, and constructed in accordance with the requirements of this Code.

(185)

Warehouse/warehousing, wholesaling and distribution facilities. A place or places wherein commodities are stored or maintained on an interim basis prior to manufacturing, assembling and/or distribution to other locations. No outside storage shall be classified as a warehouse, wholesaling or distribution facility.

(186)

Welding or machine shop. A place wherein metal apparatus are welded and/or where machinery exists to perform various functions necessary to repair or modify various apparatus.

(187)

Yard. An open space other than a court, on a lot or parcel of land on which a building is situated and which is unobstructed above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and landscape features.

(188)

Zero lot line. The side lot line of a lot or tract without required minimum side yards, in order that the wall or structure may be erected on the side property line.

(189)

Zoning District. (Hereinafter referred to as District.) Any district delineated on the Official Zoning District Map under the terms and provisions of this chapter or which may hereinafter be created subsequent to the enactment of this chapter.

(190)

Zoning district boundaries. The boundaries of each zoning district as more fully described in Section 24-403(c) of this chapter.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)