A.

Generally. The rules of this Division shall be observed and applied when interpreting these Regulations, except when the context clearly requires otherwise.

B.

Word Usage. Words shall be interpreted as follows:

1.

Words used or defined in one tense or form shall include other tenses or forms.

2.

Words in the singular number shall include the plural number. Words in the plural number shall include the singular number.

3.

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

4.

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

5.

The words "may" and "should" are permissive.

6.

The word "person" includes individuals, partnerships, firms, corporations, associations, trusts and any other similar entities or combination of individuals.

7.

The word "building" includes structures.

8.

The word "lot" includes plots and tracts.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Abbreviations. The following abbreviations are used in these regulations:

1.

-: Prohibited Use

2.

ac: acre

3.

C: Commercial-Mixed Use

4.

CB: Central Business

5.

DBH: diameter at breast height

6.

du or du's: dwelling unit(s)

7.

ft: feet

8.

H: Historic

9.

HI: Industrial, Heavy

10.

L: Limited

11.

LI: Industrial, Light

12.

max: maximum

13.

MF: Multifamily

14.

min: minimum

15.

n.a.: not applicable

16.

P: Permitted

17.

R-0: Restricted Residential, Single-Family

18.

R-1: Residential, Single-Family

19.

R-2: Residential, General Duplex — Eightplex

20.

RES/REC: Resort/Recreation

21.

S: Specific Use

22.

sf: square feet

23.

TN: Traditional Neighborhood

24.

UN: Urban Neighborhood

B.

Acronyms. The following abbreviations are used in these regulations:

1.

AASHTO: American Association of State Highway and Transportation Officials

2.

ADU: Accessory Dwelling Unit

3.

ANSI: American National Standards Institute

4.

ATMs: Automated Teller Machine

5.

BFE: Base Flood Elevation

6.

CCRs: Covenants, Conditions and Restrictions

7.

CEVMS: Changeable Electronic Variable Message Signs

8.

DADS: Texas Department of Aging and Disability Services

9.

DBH: Diameter at Breast Height

10.

DXF file: Standard Digital Exchange Format

11.

EEHD: East End Historical District

12.

EMCs: Electronic Message Centers

13.

ETJ: Extraterritorial Jurisdiction

14.

FAA: Federal Aviation Administration

15.

FAR: Floor Area Ratio

16.

FCC: Federal Communications Commission

17.

FEMA: Federal Emergency Management Agency

18.

FIRM: Flood Insurance Rate Map

19.

FIRMs: Flood Insurance Rate Maps

20.

GL: Galveston Landmark

21.

GLO: Texas General Land Office

22.

HDDZ: Height and Density Development Zone

23.

HOD: Historic Overlay District

24.

HPO: Historic Preservation Officer

25.

HZD: Historic Zoning District

26.

LBHD: Lost Bayou Historical District

27.

LCD: Liquid Crystal Displays

28.

LDR: Land Development Regulations

29.

LED: Light Emitting Diode

30.

LTU: License to Use

31.

NAVD: North American Vertical Datum 1988

32.

NCD: Neighborhood Conservation District

33.

NCP: Neighborhood Conservation Plan

34.

NDS: Neighborhood Design Standard

35.

PUD: Planned Unit Development

36.

RVs: Recreational Vehicles

37.

SHPO: State Historic Preservation Officer

38.

SSHD: Silk Stocking Historical District

39.

SUP: Specific Use Permit

40.

TAS: Texas Accessibility Standards

41.

TCEQ: Texas Commission on Environmental Quality

42.

TND: Traditional Neighborhood Development

43.

TUP: Temporary Use Permit

44.

UE: Utility Easements

(Ord. No. 18-037, § 2, 6-21-18)

This Section provides definitions of terms and phrases that are not defined in other Articles of these regulations:

Accessory Building means a structure that is subordinate to a principal building, and which serves a purpose that is customarily incidental to but clearly associated with the principal use. Examples of residential accessory buildings and structures include storage sheds, gazebos, home workshops, children's playhouses, greenhouses or other garden shelters, and detached residential garages and carports.

Accessory Dwelling Unit means a subordinate and complete dwelling unit that is accessory to the principal residential or nonresidential use on the same lot or parcel, whether integrated within, attached to, or detached from the principal structure. Occupants of an accessory unit associated with a principal residential use may include persons employed to work on the premises as a domestic worker or caretaker (e.g., nurse, nanny or "house-sitter"). The phrase does not include a "live-work unit" or a "single-family attached" dwelling such as a duplex or townhome.

Accessory Use means a use located on the same lot or parcel that is customarily associated with but incidental and subordinate to a particular principal use.

Adult Day Care means a facility that provides care for the elderly and/or functionally impaired adults in a protective setting for a portion of a 24-hour day.

Adult Use means:

1.

Any use of property available to the public, whether for profit or not, that:

a.

Involves nude or topless dancing;

b.

Predominantly advertises and offers material and/or items that depict and/or are generally used in sexual activity; or

c.

Allows other similar activities that depict, describe, simulate or relate to sexual activities.

2.

Not limiting the preceding, the phrase shall also include any:

a.

Bookstore/shop in which the primary type of material offered is of a sexual nature;

b.

Motion picture arcade/motion picture theater in which the predominant type of material shown depicts sexual acts;

c.

Cabaret/lounge/night club in which the predominant attraction is nude or topless dancing; or

d.

Health spa/sauna in which services of a sexual nature are offered to the public.

3.

Not limiting the preceding, and with respect to specific business types, the phrase shall also include, but is not limited to, any:

a.

Adult arcade;

b.

Adult bookstore or supply store;

c.

Adult cabaret, lounge or night club;

d.

Adult health spa or sauna;

e.

Adult hotel or motel;

f.

Adult model studio;

g.

Adult motion picture theater;

h.

Escort agency;

i.

Lingerie modeling studio;

j.

Sexual encounter center; or

k.

Any other business that offers its patrons services or entertainment that provide nude dancing or other live recording performances that depict, describe or relate to "specified anatomical areas" or "specified sexual activities."

Agricultural Support means commercial, service and other uses that support agricultural uses, including:

1.

Farm/ranch supply services;

2.

Farm/ranch equipment dealers;

3.

Grain storage; and

4.

Large animal or livestock veterinarians, which involves an animal hospital or clinic that provides services for horses and other livestock.

Agriculture/Urban Farming means land, with and without farm residences, used for field crops, orchards, viniculture, aquaculture and truck farming. The term includes the raising or breeding of livestock, horses, poultry and/or bees. The term includes the necessary accessory uses for storing the products and inputs needed to produce them. The term does not include a "community garden."

Airplane Hangar means a structure or facility for the storage maintenance, and protection of aircraft.

Airport means all facilities for the take-off and landing of aircraft, including flight training schools. The term does not include:

1.

Airstrips for personal aircraft for the private use of an individual; and

2.

"Heliports" that are accessory to another use, such as a hospital.

Alcoholic Beverage Sales, Package means an establishment engaged in the sale of alcoholic beverages for off-premises consumption.

Arena or Stadium means an enclosed building or open structure with tiers of seats rising around a field, court or track, intended to be used primarily for the viewing of athletic events, but may also be used for entertainment and other public gathering purposes, such as conventions, circuses, concerts, or horse or dog racing. The terms do not include a motor raceway, amphitheater, live theater or concert hall.

Assisted Living Facility means an establishment that:

1.

Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment;

2.

Provides:

a.

Personal care services; or

b.

Administration of medication by a person licensed or otherwise authorized in this State to administer the medication; and

3.

May provide assistance with or supervision of the administration of medication.

Auto Fueling Station means an establishment primarily engaged in the fueling of automobiles. This use includes fuel pumps, underground storage tanks, and may offer additional services such as convenience stores, car washes, air pumps, and restrooms.

Auto Service Station means an establishment primarily engaged in the repair and maintenance of automobiles, motorcycles, noncommercial trucks and trailers, or similar vehicles including but not limited to upholstery, muffler, transmission, oil changes and lubrication, and tire service and sales. The term may include detail of vehicles and installation of radios and stereo equipment, window tinting and vehicle wraps, car alarms and cameras, or other similar work. The term does not include outside repair of vehicles, painting, fender or bodywork, or vehicle wash.

Automotive Wrecking and Salvage Yard; Junkyard; Recycling Business means:

1.

Automotive Wrecking and Salvage Yard means an outdoor place where a person stores three or more vehicles for the purpose of dismantling or wrecking the vehicles to remove parts for sale or for use in automotive repair or rebuilding.

2.

Junkyard means a place where a business that owns junk, and is operated to store, buy or sell junk, keeps all or part of the junk outdoors until the business disposes of the junk.

3.

Recycling Business means a business that is primarily engaged in the business of:

a.

Converting metal or other material into raw material products that have:

i.

Prepared grades; and

ii.

An existing or potential economic value;

b.

Using raw material products described by 3.a., above, in the production of new products; or

c.

Obtaining or storing metal or other material for a purpose described by 3.a. or 3.b., above.

Bar means an establishment in which the principal business is the sale of alcoholic beverages for on-premises consumption. The term does not include a restaurant. For the purpose of this section a nightclub is considered a bar/tavern and means a commercial establishment which combines the consumption of alcoholic beverages (sold at the facility or brought in by patrons) on the premises with dancing and/or musical or other entertainment. Within the CB district a bar, retail establishment, night-club, or restaurant use may sell alcoholic beverages for off-premise consumption.

Bed and Breakfast means an owner-occupied/resident manager private home that offers lodging for paying guests, that may serve breakfast to these guests, and that allows for limited social functions as addressed in these regulations.

Boarding House, Dormitory, Fraternity or Sorority means any dwelling, other than a hotel or bed and breakfast establishment, where, for compensation:

1.

Lodging and meals are provided; or

2.

Sleeping accommodations and common kitchen facilities are provided for individuals while they are enrolled at an educational institution.

Boat means a vehicle designed for travel on water. A boat shall not be considered as a recreational vehicle, passenger motor vehicle, seaplane, or similar vehicles.

Boat Repair Facility means a repair shop which could include a boat repair garage and boat storage yard where boats are repaired and stored until repairs are completed.

Boat Sales or Rental means a marine sales or rental use in which boats 46 feet or less in length are sold or rented.

Boathouse means an accessory structure constructed wholly or partially over a body of water designed primarily for the purpose of storing watercraft.

Cat Café means a business which also houses adoptable cats for clientele to interact with, and which incorporates cat adoption services in addition to other approved uses for the purpose of helping adoptable cats find homes. This does not include "kennel" or "cattery."

Cemetery means a place that is used or intended to be used for interment of human remains or cremated remains, and includes, but is not limited to, any of the following:

1.

Columbarium means a durable, fireproof structure, or a room or other space in a durable, fireproof structure, containing niches and used or intended to be used to contain cremated remains.

2.

Graveyard or Burial Park means a tract of land that is used or intended to be used for interment in graves.

3.

Mausoleum means a durable, fireproof structure used or intended to be used for entombment.

Child Care Facility, Day Care (Commercial) means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.

Child Care Facility, Day Care (Residential) means a facility licensed or certified by the Texas Department of Family and Protective Services that operates for all of the 24-hour day.

Cleaning/Laundry Pick-Up means an establishment providing laundering, dry cleaning and/or custom cleaning of garments and other household materials (e.g., curtains, bedspreads) but only for customer drop-off and pick-up of items as the cleaning services are performed off premises.

Cleaning/Laundry-Mat Facility means an establishment providing laundering, dry cleaning and/or custom cleaning of garments and other household materials (e.g., curtains, bedspreads) where the cleaning services are performed on premises, with a pick-up station component for customer drop-off and pick-up of items. Cleaning/Laundry-Mat Facility also means an establishment where facilities are available for customers to complete their own laundering with limited assistance. Also commonly known as a Laundromat or Washateria. In some cases the cleaners and laundry-mat activity may be combined.

Clinic/Medical Lab/Medical Office means office space used by health care professionals for the examination and/or treatment of patients on an outpatient basis, with no overnight stays by patients. A medical office may include a medical lab and/or clinic which is a facility offering diagnostic or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA sampling and analysis, and any other diagnostic test generally recognized in the healthcare industry. The term includes immediate care facilities, where urgent care treatment is the dominant form of care provided at the facility, but does not include a hospital or state-designated trauma center.

College/University/Vo-Tech means a community college, college, university, vocational/technical school, trade school, language school, business school, training center, beauty school, culinary school and comparable advanced or continuing education facilities. The term does not include music schools, fitness centers, sports instruction, swimming instruction or martial arts instruction.

Commercial Amusement, Indoor means uses that provide commercial amusement indoors (except adult uses), including, but not limited to:

1.

Bowling alleys and pool rooms;

2.

Indoor skating rinks (ice or roller);

3.

Indoor velodromes;

4.

Internet cafes;

5.

Local area network computer gaming centers;

6.

Movie theaters and live performance theaters;

7.

Museums and aquariums; and

8.

Video arcades.

The phrase does not include a casino, casino hotel, event wagering establishment or similar use.

Commercial Amusement, Outdoor means uses that provide commercial amusement outdoors (except adult uses), including, but not limited to:

1.

Amphitheaters or other outdoor concert facilities;

2.

Amusement parks or theme parks;

3.

Archery;

4.

Batting cages;

5.

Bungee jumping;

6.

Drive-in theaters;

7.

Fairgrounds or exhibition area;

8.

Go cart track;

9.

Golf driving ranges;

10.

Miniature golf establishments;

11.

Mock war games;

12.

Para sailing; and

13.

Water slides.

Commercial Lodging means a place that offers overnight accommodations for short-term rental, including hotels and motels. The phrase also includes hotels that offer convention facilities or meeting rooms. This use does not include the short term rental of residential dwelling units.

Commercial Stable means the stabling, training and feeding of horses, or the provision of riding facilities for the use of anyone other than the resident of the property. Equestrian trails that are constructed as part of the common open space of a subdivision and intended for the exclusive use of residents of the subdivision are not commercial stables.

Commercial Warehousing and Logistics means indoor warehousing, distribution or logistics facilities; retail distribution centers; order fulfillment centers; and moving and storage services (including full-service moving and storage and indoor storage of shipping containers). The term does not include "self storage"; "wholesale"; or warehousing and distribution that are accessory to a light industrial or heavy industrial facility, nor parcel service drop-off locations that are not accessory to a parcel service processing facility.

Community Garden means a private or public area of land that is used for the noncommercial cultivation of fruits, herbs, flowers, vegetables or ornamental plants by more than one person or family.

Condominium means three or more dwelling units in a multiunit building, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.

Correctional or Rehabilitation Facility means a probation or parole office or a residential facility that:

1.

Is operated by an agency of the state, a political subdivision of the state, or a private vendor operating under a contract with an agency of the State or a political subdivision of the State; and

2.

Houses persons convicted of misdemeanors or felonies or children found to have engaged in delinquent conduct, regardless of whether the persons are housed in the residential facility:

a.

While serving a sentence of confinement following conviction of an offense;

b.

As a condition of probation, parole or mandatory supervision; or

c.

Under a court order for out-of-home placement under Title 3, Texas Family Code, other than in a foster home operated under a contract with the Texas Youth Commission.

Cottage Food Production means the production and sale of cottage food products as defined and governed by state statute and exempted from municipal zoning regulations.

Credit Access Business means a credit services organization that obtains for a consumer or assists a consumer in obtaining an extension of consumer credit in the form of a deferred presentment transaction or a motor vehicle title loan.

Director of Development Services means the Director of the City's Development Services Department, or their designee.

Duplex means a building that contains two dwelling units providing independent living facilities under one roof, side by side or one on top of the other separated by a common wall on a single lot.

Electric Vehicle Charging Station means a facility designed and equipped for the purpose of recharging battery-powered vehicles. The use does not include charging stations that are accessory to a main use, including but not limited to charging stations located at a place of employment, charging stations for use by residents or tenants of a specific development, charging stations located within a parking lot or parking structure.

Family Care Facility means a facility that provides temporary 24-hour residential care for children and their adult parents/guardians due to homelessness or physical threat of or actual family violence.

Fine Arts Instruction means uses that involve instruction or place designed for the practice of one of the fine arts including, but not limited to, drawing, vocal or instrumental music, painting, poetry, and other similar artistic disciplines.

Flea Market means a building or open area in which individual stalls or sales areas are rented or otherwise provided, which are intended for use by various unrelated individuals or businesses to sell articles that are either homemade, homegrown, handcrafted, old or obsolete, or antique, and may include the selling of new or used goods at retail by businesses or individuals who are generally engaged in retail trade. There are two types of flea markets:

1.

Outdoor Flea Markets. Outdoor flea markets are flea markets that provide outdoor space to vendors. Outdoor flea markets operate daily or periodically, but are permanent land uses.

2.

Indoor Flea Markets. Indoor flea markets are flea markets that provide indoor spaces to vendors. The spaces are typically designed so that they may be individually secured and quickly reconfigured (such as through the use of chain link fencing for walls). Indoor flea markets typically operate daily.

The term does not include "garage sale" (which is a temporary use), nor does it include retail stores that lease space to vendors but offer a common checkout area for all items that are sold at the store (which are "commercial retail" uses), nor does it include shopping malls (which offer bays that are separated from each other with solid walls), nor farmers markets.

Floor Area means the net horizontal area of a floor or several floors of a building or structure, excluding those areas not directly devoted to the principal or accessory use of the building or structure, such as storage areas and closets, stairwells, etc., measured from the exterior faces of exterior or interior walls.

Golf Carts, Sales or Rental means a facility for the sale and/or rental of golf carts, a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course.

Golf Carts, Service means a facility for the repair of golf carts, a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course.

Gross Floor Area means the area of all floors in a building, extended to exterior walls, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features, and not including the area of voids between floors.

Heavy Industry means:

1.

Primary processing or manufacturing or repair operations not specifically defined elsewhere in this Section, which involve:

a.

An outside storage area that is larger than the area of the first floor of buildings on the same lot;

b.

A material risk of environmental contamination, explosion or fire;

c.

Perceptible ground vibration;

d.

Excessive noise or dust;

e.

Emission of objectionable odors; or

f.

More than 12 trips by semi-trailer trucks per day; or

2.

Processing of minerals (except precious and semi-precious stone cutting for jewelry or precision instruments such as lasers or watches), ores or fossil fuels; or

3.

Industries that are required to undergo New Source Review under the Federal Clean Air Act, or are subject to construction or operation permits pursuant to the Texas Clean Air Act (Tex. Health and Safety Code Ch. 3842) or Title V of the Federal Clean Air Act.

4.

For illustrative purposes, heavy industrial uses include, but are not limited to:

a.

Coal cleaning plants with thermal dryers; coke oven batteries; carbon black plants (furnace process); petroleum refineries; petroleum storage and transfer units (except retail gasoline stations); and bulk fuel dealers;

b.

Facilities used in the primary or secondary production of metals (e.g., primary zinc, copper or lead smelters; primary aluminum ore reduction plants; iron and steel mills; sintering plants; secondary metal production plants; and blacksmith shops);

c.

Portland cement plants;

d.

Sawmills and pulp mills;

e.

Incinerators with the capacity to charge more than 250 tons of refuse per day;

f.

Lime plants; phosphate rock processing plants; sulfur recovery plants; and hydrofluoric, sulfuric or nitric acid plants;

g.

Fossil fuel combustion (boilers or electricity generation) totaling more than 250 million BTUs per hour of heat input;

h.

Fabrication of building materials such as countertops, drywall and cut stone;

i.

Fabrication of vehicles, manufacturing equipment, durable goods or pre-fabricated homes or home components;

j.

Auto or marine body, paint or upholstery shops;

k.

Drycleaner processing plants that use PERC (the chemical solvent Perchloroethylene, an alternate name for Tetrachloroethylene, that is also commonly referred to as "dry-cleaning fluid") or comparable petrochemical solvents;

l.

Meat or seafood processing plants;

m.

Manufacture of glass products (e.g., window panes, bottles and jars), except hand-blown products;

n.

Manufacture of plastic products (except assembly of parts that are manufactured elsewhere);

o.

Plasma arc welding, cutting, gouging, surfacing or spraying; gas welding (but not brazing); arc welding with equipment that is rated at more than 200 amps; TIG welding; and other heavy welding procedures (e.g., for structural steel, automotive body, or heavy equipment manufacture or repair);

p.

Hot mix asphalt plants.

Heavy Vehicle, Manufactured Home, Watercraft or Aircraft Sales or Rental means a business engaged in the sales or rental of heavy trucks, mechanized construction equipment, boats more than 46 feet in length, or aircraft.

Heliport means an area designed to be used for the landing or take-off of helicopters, including operations facilities, such as maintenance, loading and unloading, storage, fueling or terminal facilities. Unlike a "helistop", the use of a heliport is not limited to a specific user or purpose.

Helistop means an area used for the take-off and landing of private helicopters for the purpose of picking up and discharging of passengers or cargo. The use of the helistop is restricted to specific users or purposes (e.g., tenants of a corporate park or a hospital trauma center), and the term does not include facilities for general helicopter aviation use.

Home-Based Business means a business that is operated out of a dwelling unit but remains an accessory use to the principal residential use. The business may employ up to two persons who do not live in the dwelling unit and work within the dwelling unit.

Home-Based Occupation means a business that is operated out of a dwelling unit but remains an accessory use to the principal residential use. The business may not employ persons who do not live in the dwelling unit.

Homeless Shelter means a supervised public or private facility that provides temporary living accommodations for homeless individuals.

Hospital means a "general hospital" or a "special hospital" as defined in Tex. Health and Safety Code § 241.003, and includes all subclassifications thereof, or a "freestanding emergency medical care facility" as defined in Tex. Health and Safety Code § 254.001:

1.

General Hospital means an establishment that:

a.

Offers services, facilities and beds for use for more than 24 hours for two or more unrelated individuals requiring diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy; and

b.

Regularly maintains, at a minimum, clinical laboratory services, diagnostic X-ray services, treatment facilities including surgery or obstetrical care or both, and other definitive medical or surgical treatment of similar extent.

2.

Special Hospital means an establishment that:

a.

Offers services, facilities and beds for use for more than 24 hours for two or more unrelated individuals who are regularly admitted, treated and discharged and who require services more intensive than room, board, personal services and general nursing care;

b.

Has clinical laboratory facilities, diagnostic X-ray facilities, treatment facilities or other definitive medical treatment;

c.

Has a medical staff in regular attendance; and

d.

Maintains records of the clinical work performed for each patient.

3.

Freestanding Emergency Medical Care Facility means a facility, structurally separate and distinct from a hospital, that receives an individual and provides emergency care.

Hospital House Establishment means a residential structure, administered by a resident manager or 24-hour on-site management, which provides lodging only for families of children who are being treated for serious injuries and/or long-term illnesses and for those children being treated on an out-patient basis.

Improved Public Open Space means open space areas that are visible and accessible to the public during daylight hours.

1.

Areas considered improved public open space may include:

a.

Plazas;

b.

Courtyards directly accessible from the street;

c.

Landscaped park or pocket park areas;

d.

Landscaped front and side yard setback areas;

e.

Landscaped areas within view corridors; and

f.

Improved waterfront areas with direct public access.

2.

Areas not considered improved public open space include:

a.

Landscaping in parking areas;

b.

Areas not visible from adjacent streets or located along through pedestrian connections; and

c.

Fenced front or side yard areas.

Industrial Housing means a residential structure that is:

1.

Designed for the occupancy of one or more families;

2.

Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and,

3.

Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

This definition includes the structure's plumbing, heating, air conditioning and electrical systems. Industrialized housing does not include:

1.

A residential structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof;

2.

Housing constructed of a sectional or panelized system that does not use a modular component; or

3.

A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

Industrialized Building means a commercial structure that is:

1.

Constructed in one or more modules or constructed using one or more modular components built at a location other than the commercial site; and

2.

Designed to be used as a commercial building when the module or the modular component is transported to the commercial site and erected or installed.

This definition includes the structure's plumbing, heating, air conditioning and electrical systems. An industrialized building does not include:

1.

A commercial structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof.

2.

A permanent commercial structure and a commercial structure designed to be transported from one commercial site to another commercial site.

Kennel means any premises where any combination of dogs, cats or other household pets, totaling four or more animals, six months of age or older, are kept and boarded for the intention of profit or rescue.

Library means a building containing printed and electronic information, and pictorial material for the public use and purpose of study, reference, and recreation.

Light Industry means uses that involve assembly, compounding, packaging or treatment of products from previously prepared materials, with limited outside storage and limited external effects or risks. For illustrative purposes, light industrial uses include:

1.

Assembly or refurbishing of products, instruments, electronics, office and computing machines, and fixtures from pre-manufactured components;

2.

Offices of general contractors, specialty subcontractors, or tradesmen which include:

a.

Bay door access to indoor storage of tools, parts and materials;

b.

Parking of commercial vehicles; or

c.

Outdoor storage areas that are smaller than the area of the first floor of the building, and that are used for storage of materials or vehicles that are less than 12 feet in height.

3.

Communications facilities, except wireless telecommunications facilities;

4.

Data centers, server farms, telephone exchange buildings and telecom hotels;

5.

Food and beverage production and packaging other than meat and seafood processing, restaurants or produce packing that does not involve other processing;

6.

Furniture making or refinishing;

7.

Manufacture of textiles or apparel;

8.

Screen printing of apparel;

9.

Commercial cleaning, dyeing or laundry plant;

10.

Printing and publishing, except copy centers, and except printing presses that require a Texas Clean Air Act Permit or a Federal Clean Air Act Permit (these are heavy industry);

11.

Disassembly of consumer electronics and/or appliances into component parts, where all operations and storage are within an enclosed building;

12.

Manufacture or compounding of pharmaceutical products, dietary supplements, health and beauty products, and herbal products; and

13.

Packaging of consumer products.

Live-Work Unit means a dwelling unit that provides space that is designed for one or more commercial or office uses that are allowed in the zoning district. Access between the dwelling unit and the commercial or office space is provided within the unit.

Marina means waterfront establishments whose business is offering marine sporting equipment and the servicing, repair and storage of boats on water. Such establishments may also provide lift services, slip rental, gasoline, bait, food or drink, and sanitary pumping. Other complementary on-site activities and services may include boat chartering, dry storage and launching, watercraft sales and/or rental, visitor facilities (e.g., showers, self-service laundry), and promotional events (e.g., fishing tournaments).

Mining/Extraction means uses that involve extraction of minerals and fossil fuels from the ground, including surface and subsurface mining, drilling and quarrying facilities.

Multi-family Residential means: A building, group of buildings, or portion of a building that contains (3) three or more dwelling units on a single parcel under single ownership. Structural types of multiple family dwellings may include triplexes, multiplexes, and high-rise buildings.

The term does not include "boarding house, dormitory, fraternity or sorority" uses; "bed and breakfast" establishments; or "commercial lodging."

Floor Area means the net horizontal area of a floor or several floors of a building or structure, excluding those areas not directly devoted to the principal or accessory use of the building or structure, such as storage areas and closets, stairwells, etc., measured from the exterior faces of exterior or interior walls.

Nightclub means a commercial establishment which combines the consumption of alcoholic beverages (sold at the facility or brought in by patrons) on the premises with dancing and/or musical entertainment.

Nursery or Greenhouse, Retail means an enterprise that conducts the retail sale of plants grown on or off the premises. The phrase also includes, as an accessory use, the sale of a limited selection of items (e.g., soil, planters, pruners, mulch, or rock, but not power equipment) that are directly related to the care and maintenance of landscapes.

Nursery Wholesale means an enterprise that conducts wholesale of plants and items directly related to the care and maintenance of landscapes.

Nursing/Convalescent Home means an establishment that:

1.

Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and

2.

Provides minor treatment under the direction and supervision of a physician licensed by the Texas Medical Board, or other services that meet some need beyond the basic provision of food, shelter and laundry.

Office means uses in which professional, business, information processing or financial services are provided. The term includes such uses as:

1.

Accounting, auditing and bookkeeping;

2.

Administration of businesses (e.g., corporate headquarters);

3.

Advertising and graphic design;

4.

Architectural, engineering, urban planning and surveying services;

5.

Attorneys and court reporters;

6.

Banks, mortgage companies and financial services;

7.

Call centers;

8.

Computer programming;

9.

Counseling services;

10.

Data processing and word processing services;

11.

Detective agencies;

12.

Government offices;

13.

Insurance;

14.

Interior design;

15.

Real estate sales and leasing;

16.

Research and development that does not include on-site manufacturing;

17.

Retail catalog, internet and telephone order processing, but not warehousing;

18.

Travel agencies; and

19.

Virtual office services.

Off-Street Parking Space means an all-weather surfaced area not in the rights-of-way for a street or alley that:

1.

Is permanently reserved for the temporary storage of one automobile; and

2.

Is connected with a street or alley by an all-weather surfaced driveway that affords unobstructed ingress and egress to each space.

Outdoor Sales means the display outside of a permanent structure, for the purpose of purchase by consumers, whether immediately or by placing of orders for any merchandise, services, products, or goods irrespective of whether payment for such is made outdoors or in a permanent structure.

Outdoor Storage means any materials stored outside for more than 24 hours. Outdoor storage includes, but is not limited to, the storage of equipment, boat(s), vehicles or golf carts other than those for sale by a vehicle or golf cart dealership, supplies, materials, machinery, building materials, waste or scrap, pallets, and other similar materials.

Parking and/or Multimodal Transportation Facility means a terminal structure used for the ticketing, loading and unloading of passengers originating from any mode. Food and beverage sales and similar commercial retail activities conducted during normal terminal operations may be included as accessory uses.

Parking Lot, Commercial Surface Parking Area means an off-street, surfaced, ground level parcel of land provided for parking or storage of motor vehicles, which is not accessory to any other use on the same or any other lot, and which operates as a commercial enterprise for which any fee is charged for the rental of parking spaces.

Parking Lot, Incidental to Main Use means an off-street, surfaced, ground level parcel of land provided for self-parking by employees, visitors, and/or patrons of any office or governmental facilities, any public accommodations, commercial or industrial establishments, or any other business. The phrase also includes the area provided for self-parking by residents, visitors or employees of an apartment building available to the general public.

Parking Structure or lot, Incidental to Main Use means a structure of two or more stories, whether privately or publicly owned, provided for self-parking by employees, visitors, and/or patrons of any office or governmental facilities, any public accommodations, commercial or industrial establishments, or any other business open to the general public. The phrase also includes the area provided for self-parking by residents, visitors or employees of an apartment building available to the general public.

Parking Structure, Mixed Use Commercial means a structure of two or more stories, whether privately or publicly owned, which utilizes the floors above the first level for the temporary parking of motor vehicles as a commercial enterprise for which any fee is charged independently of any other use of the premises. The first floor of the subject structure, adjacent to any public right-of-way, shall be utilized for retail, commercial or office space, as permitted within the subject zoning district.

Passenger Motor Vehicle Sales or Rental means a business that is engaged in the sale or rental of passenger vehicles, light trucks and/or motorcycles.

Palm Tree means any plant of the family Palmae having an unbranched trunk crowned by large pinnater palmate leaves.

Pawn Shop means an establishment that is licensed by the Consumer Credit Commissioner under Chapter 371, Texas Finance Code, and is engaged in the business of:

1.

Lending money on the security of pledged goods; or

2.

Purchasing goods on condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period.

Personal Care Home means a home which provide services of a personal care nature to four or more persons, unrelated to the owner. The home must be licensed under the Texas Department of Aging and Disability Services (DADS) licensure requirements.

Personal Fitness means uses that involve instruction or facilities for physical fitness or dance. Such uses include membership gymnasiums (with or without personal training instruction), and instruction in yoga, dance, boxing, weight training, aerobic exercise or martial arts. The phrase does not include "personal services" or "professional services, instruction or counseling."

Pet Grooming and Services means uses that cater to owners of household pets by offering services such as pet grooming and training (e.g., guard dog, obedience). The phrase does not include a "kennel" or a "veterinarian" and, therefore, does not include any establishments that board, shelter or transport pets or practice small-animal veterinary medicine. Pet owners may leave their pets at the establishment for the provision of such services, but pets are not boarded beyond the operating hours of the business or overnight. This use may also involve the retail sale of pet-related merchandise as an accessory activity, but an establishment that specializes in such on-site merchandise sales is considered a "commercial retail" use.

Place of Private Assembly means a structure, or part of a structure, that can be temporarily rented for private gatherings (e.g., receptions, private parties, reunions, meetings/conferences).

Place of Public Assembly means an indoor place where people assemble for civic or cultural purposes. This use includes places of worship, meeting facilities and conference centers.

Power Generation means equipment or facilities to produce, generate, transmit, distribute, sell, or furnish electric energy to an electric utility.

Port and Harbor Facilities means structures and improvements generally associated with industrial waterfront areas and nearby land and adjacent water, including, but not limited to, docks, piers, facilities for securing and servicing vessels, facilities for loading/unloading of passenger vessels (e.g., cruise ships), railroad areas and facilities for freight handling/transfer, and/or shipyards.

1.

Shipyard means a property where ships, boats, barges, vessels or off-shore platforms are built, repaired or maintained.

Private Club means a building in which members of a community or association may gather for social, educational or cultural activities.

Professional Services, Instruction or Counseling means services that principally involve communication between the proprietor or employee and the client, and which may involve services to more than one client at a time by a single proprietor or employee, including marriage counseling, tutoring, and financial planning. The phrase does not include "personal fitness" or "Fine Arts Instruction" or "personal services."

Public Safety Facility means a public safety facility owned and operated by a governmental agency.

Public Utility Facility, Neighborhood means public utility infrastructure owned and operated by the City or private entity franchised by the City.

Public Utility Plant means a building or other structure owned and operated by the City or private entity franchised by the City for water supply or wastewater treatment, or the production of electricity, steam, hot water or chilled water for consumption by the general public.

Rail Yard means an area of land, a portion of which is covered by a system of tracks, that provides for the making up of trains by one or more railroads or private industry concerns. Necessary functions of a rail yard include, but are not limited to, the classifying, switching, storing, assembling, distributing, consolidating, moving, repairing, weighing or transferring of cars, trains, engines, locomotives and rolling stock.

Recreation, Indoor means uses that provide recreation opportunities indoors for the public (open to the community) or residents of a subdivision or development, which are not commercial in nature. Specifically excluded from the definition are health and exercise clubs and commercial amusement uses. The phrase includes:

1.

Community recreation centers;

2.

Gymnasiums;

3.

Indoor swimming pools; or

4.

Tennis, racquetball or handball courts.

Recreation, Outdoor means uses that provide recreation opportunities outdoors for the public (open to the community) or residents of a subdivision or development, which are not commercial in nature (except for golf courses and fishing piers, which may be commercial in nature). The phrase includes public areas for active or passive recreational activities including, but not limited to:

1.

Jogging, cycling, tot-lots, playing fields, playgrounds, outdoor swimming pools and tennis courts;

2.

Golf courses (regardless of ownership or membership);

3.

Fishing piers;

4.

Arboretums, wildlife sanctuaries and other natural areas that may be used for walking or hiking; or

5.

Other passive recreation-oriented parks, including picnic areas, garden plots and beaches, and associated support activities such as bath houses and cabanas.

Recreation, Outdoor Private means uses that provide recreation opportunities outdoors for private property owners, which are not commercial in nature. The phrase includes private structures used for active or passive recreational activities including, boathouses, docks and fishing piers.

Recreational Vehicle means a vehicular-type unit primarily designed as temporary living quarters for recreational, camping, and travel or vacation use; and which is self-propelled, mounted on, or pulled by another vehicle.

Recycling Center means a facility for drop-off of recyclable materials (e.g., waste paper, motor oil, scrap metal, polystyrene foam, porcelain, batteries, electronic components, textiles, plastics, discarded shoes, cardboard and other discarded household materials), where the materials are sorted, temporarily stored and then shipped in bulk to other locations for processing.

Research and Testing Laboratory means an establishment which conducts research, investigation, testing, or experimentation, but not for manufacture, fabrication, processing, or the sale of products.

Residential Stable means a portion of a residential development site dedicated to the shelter, feeding or training of horses, and the provision of riding areas or equestrian trails and any associated corral or pasture areas, as an amenity for the exclusive, common use of residents of the development, and only as an accessory use to the principal residential use of the site. The phrase does not include a "commercial stable."

Restaurant means an establishment that sells prepared food and beverages to customers for consumption on-site or off-site. The term includes:

1.

Restaurant, No Drive-In or Drive-Through means an establishment that serves prepared meals to customers for consumption on-site or off-site, but does not include drive-in or drive-through facilities (however, the use may include designated parking spaces for curbside pickup of food ordered in advance if the curbside pickup is a clearly subordinate function to the restaurant's operations), and includes:

a.

Full-service restaurants;

b.

Limited-service eating facilities;

c.

Special food services; and

d.

Gross sales shall be more than 50% from food sales.

2.

Restaurant, Drive-In or Drive-Through means a restaurant located either within a retail center, or situated on its own freestanding pad, which:

a.

Contains a drive-in or drive-through facility;

b.

Primarily serves food that is prepared and packaged within five minutes; and

c.

Customarily serves food in disposable containers.

Retail — Commercial means any business engaged in the buying and selling of goods and services in retail business. For this section, the term means commercial and retail uses that do not include regular outside storage or sales. The phrase includes uses that are comparable to the following:

1.

Furniture and home furnishings stores;

2.

Electronics and appliance stores;

3.

Paint and wallpaper stores;

4.

Hardware stores;

5.

Food and beverage stores;

6.

Licensed health and personal care services;

7.

Clothing and clothing accessory stores;

8.

Shoe repair;

9.

Personal custom services such as tailor or milliner (hats);

10.

Sporting goods, hobby, book and music stores;

11.

General merchandise stores; and

12.

Miscellaneous store retailers.

Retail — Big Box means retail and/or service uses that occupy large, industrial-style buildings or stores with footprints that generally range from 20,000 square feet to 200,000 square feet. While most big-boxes operate as a single-story structure, they typically have a three-story mass that stands more than 30 feet tall. Big Box retail centers typically have regular outside service or outside storage areas or partially enclosed structures, as listed below:

1.

Permanent retail operations that are located outside of enclosed buildings, except nurseries and outdoor flea markets;

2.

Home centers;

3.

Lumber and other building materials;

4.

Lawn, garden equipment and related supplies stores; and

5.

Warehouse clubs and super stores.

Retaining Wall means a wall or terraced combination of walls constructed for the purpose of raising the grade of a site, or portion of a site, greater than 32 inches from the adjacent lower grade. Retaining walls may provide a foundation wall for a structure, or may be open above.

RV Park means a form of commercial lodging where guests bring travel trailers and recreational vehicles, campers or other similar forms of shelter. The campground rents pads to the guests.

School, Private means an institution established for educational purposes and offering a curriculum similar to the public schools.

School, Public means a free tax supported school controlled by a local governmental authority that offers general education opportunities to children.

Self Storage means a building or group of buildings that are used for the indoor storage of personal property or records, where individual owners or tenants control individual storage spaces.

Shooting Range means a facility open to the general public wherein the discharging of firearms is allowed for the practice of skill in shooting, target practice, and/or skeet and trap shooting. The term does not include shooting ranges that are maintained or operated by a police department or United States military branch and that are not available to the general public.

Short Term Rentals means the use of a residential dwelling unit or accessory building on a temporary or transient basis. A short term rental shall include a residential dwelling unit or accessory building used as a short term vacation rental, for any period less than 30 consecutive days.

Single-Family Detached means dwelling units that are:

1.

Located in an individual building that is constructed on:

a.

An individual lot; or

2.

Separated from other dwelling units by outside walls; and

3.

Designed for use by a single housekeeping unit.

Small Scaled Food and Beverage Production means an enterprise that conducts the production of prepared food and/or beverages for local or regional wholesale distribution. Such uses include, but are not limited to, wholesale bakeries, commercial kitchens, and specialty food and/or beverage processing or packaging shops, but excludes meat or seafood processing plants.

Stealth Technology means a system, components, and materials used in the construction of Wireless Telecommunication Facilities which minimize adverse aesthetic and visual impacts to surrounding properties. This includes, but is not limited to, artificial tree, clock tower, bell steeple, light pole, and similar alternative-design mounting structures that camouflages or conceals the presence of communications antennas, monopoles, towers, and other facilities.

Subordinate means a use or structure that is less significant than the principal use or structure on the same lot, including but not limited to, floor area, building height, the economic importance of the use, the number of customers/visitors, and which serves a principal building or use.

Substance Abuse Facility means a facility that provides 24-hour residential care or less than 24-hour day care for individuals rehabilitating from drug or alcohol abuse or addiction. The term does not include a "correctional or rehabilitation facility" or halfway houses for prison parolees or juveniles.

Townhouse means a single-family dwelling unit constructed in a group of three or more attached units on its own lot in which each unit extends from the foundation to roof with open space on at least two sides.

Traditional Neighborhood Development ("TND") means a predominately residential neighborhood that consists of a variety of residential lot sizes and more than one type of housing, along with neighborhood supportive nonresidential development, designed so that internal streets tend to give equal or greater emphasis to pedestrian circulation compared to motorized vehicles.

Vape Shop means a retail establishment primarily engaged in the sale of electronic nicotine delivery systems (ENDS), vaporizers, electronic cigarettes, and related accessories. This includes but is not limited to devices, liquids, cartridges, and other products designed for the purpose of inhaling aerosolized substances. This definition does not include establishments in which the sale of vaping products is incidental to the primary business activity.

Vehicle Wash means any area or business using self-service, in-bay automatic, or conveyor equipment for cleaning and washing motor vehicles, whether as a part of another business operation (e.g., as an accessory use to light automobile service/fueling station or vehicle sales, rental and service), or as a stand-alone operation, of any type, on a commercial basis. The phrase includes fleet and municipal in-bay automatic and conveyor vehicle wash facilities.

Vending Kiosk/ATM means a machine that is located in a fixed position outdoors (either attached to a building or in a freestanding structure), which does not require employees or attendants to conduct transactions, and which is used for:

1.

Automated banking or other financial transactions (e.g., "ATM" or change machines);

2.

Vending or dispensing products (e.g., water, ice, DVD purchases or rentals, postal supplies, soft drinks, newspapers, snacks, ice cream, coffee or other foods or consumer items), or

3.

Downloading electronic files (e.g., electronic books, music or video) via wired connections. The phrase does not include wireless internet access points or wireless telecommunications facilities.

Veterinarian, Large Animal means veterinary clinics, hospitals, and pens that provide care for large domestic animals.

Veterinarian, Small Animal means veterinary clinics and hospitals that provide care for small domestic animals. The phrase does not include large animal and livestock veterinarians.

West End means the area between 103 ^rd Street/Cove View Boulevard and the most western point of Galveston Island.

Window means an opening in the wall or roof of a building that is fitted with glass or other transparent material in a frame to admit light or air.

Wholesale means the business of:

1.

Selling goods, equipment or food to retailers, generally in larger quantities than they are sold to final consumers, but often in smaller quantities than they are purchased from manufacturers; or

2.

Selling specialized equipment and supplies to businesses, but not to the general public.

The term is qualified as follows:

1.

It includes wholesale uses with warehousing and/or showrooms. If a wholesale use does not involve display, storage or distribution from the site of the use, then it is an "office" use.

2.

It does not include wholesale clubs that offer memberships to the general public. Such uses are considered "heavy retail."

3.

It does not include nurseries.

Wireless Telecommunication Facility means any exterior apparatus designed for wireless radio, television, microwave, or telephonic communication through the sending and/or receiving of electromagnetic spectrum waves. An antenna could include directional or panel antennas, ancillary antenna, parabolic or panel dishes, omnidirectional antennas such as whips, and other similar transmitting or receiving equipment intended for personal or communications use.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 18-062, § 3, 9-13-18; Ord. No. 19-033, § 2, 6-27-19; Ord. No. 20-002, § 2, 1-23-20; Ord. No. 22-006, § 2, 2-24-22; Ord. No. 22-024, § 2, 5-26-22; Ord. No. 24-002, § 7, 1-25-24; Ord. No. 24-009, § 4, 2-22-24; Ord. No. 24-022, § 4, 4-25-24; Ord. No. 24-048, § 5, 8-22-24)

Addition means new construction added to an existing building or structure.

Alteration means any material construction or change to the exterior of a building, object, site or structure, including, but not limited to, the changing to a different type, style or size of roofing or siding materials; changing, eliminating or adding doors, door frames, windows, window frames, shutters, fences, railings, columns, beams, walls, steps, porte cocheres, porches, balconies, signs or other ornamentation; the changing of paint color; dismantling, removing or moving of any exterior features or demolition. Alterations shall not include ordinary repair and maintenance.

Appropriate means suitable or compatible.

Building means a structure created to shelter people or things, such as a house, barn, church, hotel, warehouse or similar structure.

Character means the qualities and attributes of any structure, site, street or district.

Compatible means existing or performing in harmonious, agreeable combination with its surroundings.

Compatible Property means a resource in a historic district distinguished by its scale, material, and composition so that it contributes to or is "compatible" with the character of the neighborhood.

Construction means the act of adding an addition to an existing building or structure, or the erection of a new principal or accessory building or structure on a lot or property.

Contributing Property means a resource in a historic district that contributes to the district's historical significance through location, design setting, materials, workmanship, feeling and association, and which shall be afforded the same consideration as historic structures or buildings.

Demolition means any act or process that destroys or razes in whole, or in part, a building, object, site or structure, including the permanent impairment of structural integrity. This includes "demolition by neglect," which is defined as inaction or a series of inactions that result in the destruction or irredeemable deterioration of a landmark building.

Design Standards means the City of Galveston Design Standards for Historic Properties, which are intended to provide criteria that assist the Historic Preservation Officer and the Landmark Commission in determining the appropriateness of proposed actions involving locally-designated historic landmarks and districts. When the alternative term "design guidelines" is used in the context of these regulations, it shall also mean the City's enforceable "design standards."

District means a designated section of the City of Galveston for which the City may regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land.

Effect, Adverse. A negative change in the quality of the historical, architectural, archaeological, or cultural significance of a resource, or in the characteristics that qualify the resource as historically important.

Element means a material part or detail of a site, structure, street, or district.

Form means the shape and structure of a building.

Galveston Landmark means (i) any individual building, structure or object, or site that the Landmark Commission designates, upon the owner's request, as a Galveston Landmark; or, (ii) any individual building, structure or object, or site that is located within a designated historic zoning overlay district.

Harmonious means having a pleasing or congruent arrangement.

Historic District means an area designated as a "historic district" by ordinance of the City Council and which may contain, within definable geographic boundaries, one or more landmarks, and which may have within its boundaries other proportions or structures that, while not of such historic or architectural significance to be designated as landmarks, nevertheless contribute to the overall historic or architectural characteristics of the historic district.

Historic Property means a district, site, building, structure, or object significant in local, state or national history, architecture, engineering, archaeology, or culture.

Integrity means the ability of a property to convey its historic significance. To retain historic integrity, a property must possess a sufficient historic identity evidenced by the survival of physical characteristics.

Maintain means to keep in an existing state of preservation or repair.

Materials means the physical elements that were combined or deposited in a particular pattern or configuration to form a historic property.

New Construction means construction that is characterized by the introduction of new elements, sites, buildings or structures or additions to existing buildings and structures in historic areas and districts.

Object means a material thing of functional, aesthetic, cultural, or historical value that may be, by nature or design, moveable, yet related to a specific setting or environment.

Ordinary Repair and Maintenance means any work, the purpose and effect of which is to correct any deterioration or decay of, or damage to a building, object or structure, or any part thereof, and to restore the same, as nearly as may be practicable, to its condition prior to such deterioration, decay or damage, using the same materials, or those materials available which are as close as possible to the original. In-kind replacement, or repair, is included in this definition. "In-kind replacement" means the replacement of an element with a new element of the same material, color, texture, shape and form as the original.

Overlay Zone means a set of zoning requirements that is described in ordinance text, is mapped and is imposed in addition to those of the underlying district. Development within the overlay zone must conform to the requirements of both zones, or the more restrictive of the two.

Preservation means the act or process of applying measures to sustain the existing form, integrity and material of a building or a structure, including, but not limited to, initial stabilization work and ongoing maintenance of historic building materials and the existing form and vegetative cover of a site.

Reconstruction means the act or process of reassembling, reproducing or replacing by new construction, the form, detail and appearance of the property and its setting as it appeared at a particular period of time by means of the removal of later work, or by the replacement of missing earlier work, or by reuse of the original materials.

Rehabilitation means the act or process of returning a building, object, site or structure to a state of utility through repair, remodeling, or alteration, that makes possible an efficient contemporary use while preserving those portions or features of the building, object, site or structure, that are significant to its historical, architectural and cultural value.

Relocation means any change of the location of a building, object or structure in its present setting or to another setting.

Resource means a source or collection of buildings, objects, sites, structures, or areas that exemplify the cultural, social, economic, political or architectural history of the nation, state or city.

Restoration means the act or process of accurately recovering the form and details of a building, object, site or structure, and its setting as it appeared at a particular period of time by means of the removal of later work, or by the replacements of missing earlier work.

Retain means to keep secure and intact. The terms "retain" and "maintain" both describe the act of keeping an element, detail or structure, and continuing the same level of repair to aid in the preservation of elements, sites and structures.

Scale means proportional elements that demonstrate the size, materials and style of buildings. The proportions of the elements of a building to one another and the whole, and to adjacent buildings.

Setting means the sum of attributes of a locality, neighborhood or property that defines its character.

Significant means having particularly important associations within the context of architecture, history and culture.

Site means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself maintains historical or architectural value regardless of the value of any existing structure.

Stabilization means the act or process of applying measures essential to the maintenance of a deteriorated building to establish structural stability and a weather resistant enclosure.

Streetscape means the distinguishing character of a particular street as created by its width, degree of curvature, paving materials, design of the street furniture, and forms of surrounding buildings.

Structure means a non-moveable work made up of interdependent and interrelated parts and a definite pattern of organization.

Style means a type of architecture distinguished by special characteristics of structure and ornament and often related in time. Also, a general quality of a distinctive manner.

Unique and Compelling Circumstances means those uncommon and extremely rare instances, factually detailed, which would warrant the Landmark Commission's review, due to the evidence presented.

(Ord. No. 18-037, § 2, 6-21-18)

Alley means a minor way used primarily for secondary (service) access to the back or the side of a property that otherwise abuts a street.

Application or Application for Development Approval means any application that requests approval of any permit, permission or order required by these regulations. This includes, but is not limited to, any application that requests approval of a rezoning, site plan, preliminary subdivision plan, final plat, minor plat, amending plat, development plan, variance, specific use, building permit, or certificate of occupancy and compliance.

Arterial Street (see "Thoroughfare").

Block means a land area consisting of contiguous lots established by recorded plats, usually bordered by a combination of streets, public parks, cemeteries, railroad right-of-way, or other barrier to the continuity of development.

Block Length means the distance between intersecting streets, or between a street and a street right-of-way, waterway (at least 30 feet wide), or the end of a dead-end street.

Building Line means a line beyond which buildings must be setback from the dedicated street rights-of-way line.

Collector Street means a street that carries traffic from minor streets to arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within that development.

Density, Net means the number of dwelling units divided by the net developable area. The "net developable area" means the land area of the site after deducting unbuildable areas including road rights-of-way, common open space, and any other areas excluded from development by these regulations. Net density is stated as dwelling units per net acre.

Director of Development Services means the Director of the City of Galveston's Development Services Department, or their designee.

Double Frontage Lot means a lot which extends from one street frontage to another street.

Extraterritorial Jurisdiction or ETJ means the unincorporated area that is contiguous to the City's municipal boundaries, and that occupies the area designated by Texas Local Government Code Chapter 42. The City has various regulatory powers in the ETJ as designated by the Texas statutes.

Final Plat means the division of any lot, tract or parcel of land that is to be recorded or of record.

Improvement means a street, utility, park, trail, open space, stormwater management facility, or similar infrastructure required by these regulations. This does not refer to dwelling units or buildings to be constructed within a subdivision or site plan.

Intensity means the square feet of development per acre.

Local Street means a street intended primarily to serve traffic within a limited district and provide access to building sites.

Municipal Utilities Director means the Director of Municipal Utilities as established in the City Code, or their designee.

Preliminary Plat means the plat of any lot, tract, parcel of land not intended to be recorded or of record.

Private Street means a Street that is not dedicated to public use.

Public Works Director means the Director of the City of Galveston Public Works Department, or their designee.

Replat means the resubdivision of any part of a previously platted subdivision. "Replatting" is the act of creating a replat.

Street Link means a section of the street network, or a local street, defined by a street node at each end or at one end. Stubs to adjacent property are not considered links.

Street Node means the terminus or intersection of two or more streets, including the head or bulb of a cul-de-sac.

Street Width means the shortest distance between the lines which delineate the rights-of-way of a street.

Subdivision means the division of a parcel of land into two or more lots or parcels if:

1.

the purpose of the division is transfer ownership, or

2.

the purpose of the division is for building development, or

3.

a new street is involved.

The term includes resubdivision. When appropriate to the context, the term relates to the process of subdividing or to the land subdivided. The term includes resubdivision and the alteration of parcels or lots by the modification of existing property lines.

Thoroughfare means a street that connects remote parts of the city, and provides for free movement of traffic between neighborhoods, districts, or communities.

(Ord. No. 18-037, § 2, 6-21-18)