Certain uses may be allowed in various zoning districts and subject to certain standards or conditions. This Division contains those standards. Compliance with these standards is in addition to any other applicable standards of these regulations or other applicable City ordinances or regulations.

(Ord. No. 18-037, § 2, 6-21-18)

The standards apply to uses that are listed as L (limited) uses in the Permitted Use Table. Where a use is listed as L in one or more zoning districts, the use shall be allowed if it meets all of the standards for the particular use specified in this Division.

(Ord. No. 18-037, § 2, 6-21-18)

The standards establish minimum requirements for uses that are listed as (specific use) uses in the Permitted Use Table. Where a use is classified as specific use in one or more zoning district, the Planning Commission may recommend and the City Council may adopt additional conditions that would make the use appropriate at the requested location or it may deny the specific use request.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Principal Structure Required. An accessory dwelling unit (ADU) is allowed only on a lot with a principal building. A manufactured home, recreational vehicle, travel trailer, or camper shall not be used as an ADU. An ADU shall be of similar construction materials as the principle building.

2.

Extent and Scale of Use.

a.

In the R-0, R-1, and R-3 Districts, no lot or parcel shall contain more than one ADU. In the R-2 District, no lot or parcel shall contain more than two ADUs.

b.

An ADU shall be subordinate to the principal structure and shall not exceed the total floor area of the principal building.

3.

Allowable Employees of Home-Based Business. Where a principal residential use also involves an accessory "home business" or "cottage industry" use, the occupants of an ADU on the same lot or parcel may by employed by and count toward the number of non-resident employees the home-based business is allowed to have under these regulations.

4.

Consistent Design. Where a principal residential use is expanded to accommodate an integrated or attached ADU, the expansion shall be designed, clad, painted, and roofed in a manner that is comparable to the principal building.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Hours of Operation. The use shall not operate between the hours of 10:00 PM and 7:00 AM.

2.

Non-Resident Employees. The use shall not employ more than two persons who do not live on the premises.

3.

Combination with Place of Public Assembly. Adult day care is allowed as a part of a place of public assembly use.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Use Limitation. Large animal or livestock veterinarian uses permitted.

2.

No Vehicle Service. When the site is located adjacent to a residential use or zoning district, no accessory vehicle service activity shall occur on the site.

3.

Truck Access. The use shall be located such that associated truck traffic can access a collector or arterial roadway without traveling on a public rights-of-way adjacent to any residential property, school, or public park, or recreational area or facility.

4.

Minimum Setback.

a.

Loading and Service Areas: 25 feet from any residential property line or zoning district boundary.

b.

Outdoor Merchandise Display/Sales and Other Outdoor Storage: 25 feet from any residential property line or zoning district boundary.

c.

LP/Propane Gas or Ammonia Storage Tanks: 150 feet from any property line.

5.

Screening.

a.

Residential: When the site is located adjacent to a residential use or residential zoning district boundary, visual screening shall be provided along all common sides and rear property lines. The screening shall consist of a landscaping strip at least four feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

b.

Outdoor Storage: Any outdoor storage areas visible from a public rights-of-way shall be enclosed by a solid masonry or concrete wall or a wood fence of sufficient height such that no stored materials or merchandise are visible above the top of the screening wall or fence from a public right-of-way.

c.

Dust Mitigation: Appropriate dust suppression measures shall be taken, such as containment or covering, when the outdoor storage involves materials likely to generate wind-blown dust that may affect adjacent properties.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards

1.

Use limitation in the R-1 and NS districts. The use shall be conducted on a lot having a minimum of five (5) acres of land.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Minimum Site Area. The use shall occur on a site of at least 4 acres.

2.

Hours of Operation near Residential. The use, if within 200 feet of the property line of a residential use, of a mixed-use development that includes residential use or a residential zoning district boundary, measured as a radius from property lines of the limited use, shall not operate between the hours of 12:00 AM and 8:00 AM.

3.

Noise Limitation. All on-site activities and events shall comply with the City's noise regulations. Additionally, any outdoor speakers shall be oriented toward the interior of the site and away from property lines.

(Ord. No. 22-054, § 3, 10-27-22)

A.

Limited Use Standards.

1.

Auto Fueling Station shall be prohibited on Broadway from 6th Street west to 59th Street.

2.

Truck Access. The use shall be located so associated truck traffic can access a collector, arterial, or highway without traveling on a public right-of-way adjacent to any residential property, school, public park, or recreational area or facility.

3.

Minimum Distance from Residential. The use shall be located a minimum of 200 feet from any residential use or residential zoning district boundary, measured as a radius from the property lines of the limited use

(Ord. No. 24-048, § 3, 8-22-24)

Editor's note— Ord. No 24-048, § 3, adopted Aug. 22, 2024, renumbered the former § 2.307.1 as § 2.307.2 and enacted a new § 2.307.1 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

Limited Use Standards.

1.

Truck Access. The use shall be located so associated truck traffic can access a collector, arterial, or highway without traveling on a public rights-of-way adjacent to any residential property, school, public park, or recreational area or facility.

2.

Minimum Distance from Residential. The use shall be located a minimum of 200 feet from any residential use or residential zoning district boundary, measured as a radius from the property lines of the limited use.

3.

Auto Service Orientation of Service Bays. Vehicle service bays shall be oriented away from any adjacent residential use or residential zoning district boundary.

4.

Screening. Outdoor Vehicle Service and Storage Areas: Any outdoor areas used for vehicle service activity or temporary storage of vehicles undergoing service shall be screened so as not to be visible from abutting public street rights-of-way.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 22-054, § 3(2.308), 10-27-22; Ord. No. 24-002, § 4, 1-25-24; Ord. No. 24-048, § 3, 8-22-24)

Editor's note— See editor's note, § 2.307.1.

A.

Limited Use Standards.

1.

Proof of Permitting. The applicant shall provide proof of application for any permits required by state law at the time of application for limited use approval and shall provide proof of issuance of any required permits before commencing operations.

2.

On-Site Security. The use shall provide on-site security Thursday through Saturday from 9:00 PM through close of business. The security personnel shall be responsible for directing patrons away from the use and disseminating any on-site gatherings upon the close of business.

3.

Noise Limitation. All on-site activities and events shall comply with City noise regulations. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

Additionally, any outdoor speakers shall be oriented toward the interior of the site and away from property lines and shall not be used after 12:00 AM except to provide emergency notifications. No outdoor speakers shall be used when the use is located within 200 feet from an R-0, R-1, R-2, R-3, or UN district boundary measured as a radius from property lines of the limited use, unless separated from the district by an arterial street.

a.

Limitation on Amplified Sound: Amplification of music or voices shall not occur after 12:00 AM on Sunday through Thursday or after 1:30 AM on Friday and Saturday.

b.

Containment of Interior Noise: All exterior doors for the use shall remain closed after 12:00 AM or during any amplification of music or voices.

B.

Specific Use Permit in Urban Neighborhood Districts. The use shall require all regulations of subsection 2.307.A.

C.

Hours of Operation near Residential Districts. When located within 200 feet from an R-0, R-1, or R-2 measured as a radius from property lines of the limited use, unless separated from the district by an arterial street, the use shall not operate after 12:00 AM.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards

1.

Concentration of Use. No more than one Bed and Breakfast use shall be permitted within each block. Additionally, no more than two such uses shall be permitted at an intersection of two or more streets.

2.

Management On-site. The Bed and Breakfast use must have full-time, on-site management, either owner or employee.

3.

Operation within Principal Structure. The Bed and Breakfast use shall be operated within one principal structure. If the principal structure is located on a standard city lot or historically platted lot, a secondary structure on the property may be used as additional guest bedrooms or as the living quarters of the resident owner; however, the secondary structure may not be used as the sole Bed and Breakfast establishment.

4.

Number of Guest Rooms. No more than nine guest bedrooms shall be permitted within a Bed and Breakfast establishment.

5.

Special Events. Weddings, receptions, luncheons, cocktail parties, group tours, or any other such function for which the owner receives payment for the use of the facility that is not a function for the personal use of the owner, their friends, or relatives is a permitted use.

6.

Signage. The following signage standards shall apply in residential zoning districts:

a.

Signs are not to exceed 22 inches by 33 inches and may include the name of the establishment, logo, date of establishment, and designation as a Bed and Breakfast establishment.

b.

The signage shall be attached either to the structure, fence surrounding the structure, sign post, or private lamp post.

c.

The overall height of the entire sign, including the signpost, shall not exceed 5 feet.

d.

The signage shall be compatible with the style and detailing of the house.

e.

Illumination of the sign, in any manner, shall be prohibited.

f.

All signage for property located in a historic district shall comply with applicable standards in Article 10, Overlay District Standards, of these regulations.

g.

Excluding historic districts, signs may be permitted in zoning districts as set forth in Article 5. Sign Regulations.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards

1.

Occupancy. Buildings shall be designed and furnished such that there are not more than eight residents occupying the assigned living areas per floor, whether the living areas are occupied by one individual or shared.

2.

Corner Location in UN District. The use shall be located on a corner lot in an UN District.

3.

Internal Access. Ingress to and egress from all assigned living areas shall be made through the interior of the building rather than from direct outside entrances to each unit.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards

1.

Use Limitation in Commercial (C) Districts. Boat repair shall be prohibited on Seawall, from 6th Street west to 103rd Street/Cove View Boulevard, and on Broadway, from 6th Street west to 59th Street.

2.

Access. The use shall be located on a collector or arterial roadway, or thoroughfare.

3.

Screening. Outdoor storage of boats visible from a public rights-of-way shall be enclosed by a solid masonry or concrete wall or a wood fence. The screening wall or fence shall be (8) feet in height.

4.

Paving. Any required parking shall be paved in accordance with Article 8. Parking areas in excess of the required parking may be stabilized with crushed stone material.

5.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 24-023, § 3, 4-25-24)

A.

Limited Use Standards.

1.

Use Limitation in Commercial (C) Districts. Boat sales or rental shall be prohibited on Seawall, from 6 ^th Street west to 103 ^rd Street/Cove View Boulevard, and on Broadway, from 6 ^th Street west to 59 ^th Street. This subsection does not apply to the sales or rental of kayaks and other similar equipment comparable in size and design.

a.

The use is limited to the sales or rental of boats outside of the geographic area defined above. The use shall not involve boat service or repair unless it can also meet the standards for a Boat Repair Facility as prescribed in Section 2.311.

2.

Hours of Operation near Residential. When abutting or within 200 feet of a residential use or zoning district boundary, measured as a radius from property lines of the limited use, the use shall not have any outdoor sales or loading and delivery activities between the hours of 10:00 PM and 7:00 AM.

3.

Minimum Setback.

a.

Outdoor Display or Sales and Other Outdoor Storage: shall be located 25 feet from any residential property line or zoning district boundary.

b.

Boat Wash Facility: Accessory boat wash facilities and their incidental functions, including vacuums and air compressors, shall be set back at least 50 feet from the side or rear property line of any adjacent residential use or residential zoning district boundary.

4.

Outdoor Boat Display. Outdoor boat display shall occur only on paved areas of the site, and the displayed boats shall not occupy or obstruct required parking spaces.

5.

Elevated Boat Display. No more than one outdoor elevated display boat shall be permitted, and the elevated display shall raise the boat no more than 3 feet off the ground.

6.

Screening. When the site is located adjacent to a residential use or zoning district boundary, visual screening shall be provided along all common sides and rear property lines. The screening shall consist of a landscaping strip at least 4 feet in width that provides a year-round visual barrier and positioned adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of 5 feet shall be installed immediately behind the landscaping strip.

7.

Permanent Structure. The limited use business shall be conducted from a permanent structure located on-site, as permitted and approved by the Development Services Department.

8.

Sidewalks. Sidewalks, curbs, and curb cuts shall be provided on all street frontages. All on-site sidewalks shall be a minimum width of five feet.

9.

Property maintenance. The property upon which any boat sales or rental is located must be maintained in a neat and orderly manner with no accumulation of inoperable boats, boat parts, garbage, refuse, or debris on the property.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 18-071, § 3, 12-13-18)

A.

Limited Use Standards.

1.

Scale of Use. The roaming room/lounge area shall be limited to no less than 50 square feet per cat, but not to exceed twenty (20) cats.

2.

Separation. The roaming room/lounge area shall be separated by a solid framed wall spanning from floor to ceiling. Access between the roaming room/lounge area and other uses shall be through a set of double doors to ensure the cats cannot access the other uses.

3.

Licensing. All required licenses and inspections shall be obtained from the relevant authorities prior to opening the business. A copy of the required licenses shall be provided to the City prior to operations.

4.

Operational Standards. All applicable operational requirements associated with the required licenses shall be followed at all times to ensure the health and safety of cats, employees, and patrons.

5.

Emergency Contact. A sign indicating a 24-hour emergency phone number and contact person shall be kept current and posted on the site in a location clearly visible from the exterior.

6.

Hours of Operation near Residential. When abutting or within 200 feet of a residential use or an R-0, R-1, R-2, or R-3 zoning district boundary, measured as a radius from property lines of the limited use, the use shall not operate or have any delivery or pickup activities between the hours of 10:00 PM and 7:00 AM.

7.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 24-022, § 3, 4-25-24)

A.

Limited Use Standards.

1.

Proof of Licensing. The applicant shall provide proof of application for any licenses required by the State of Texas at the time of application for limited use approval and shall provide proof of issuance of any required licenses before commencing operations.

2.

A Child Care Facility — Day Care use is a permitted use on properties with frontage on north-south oriented streets located between Harborside Drive and Seawall Boulevard.

3.

Pick-up/Drop-off. An off-street pick-up/drop-off area for at least one automobile shall be provided, which may be a driveway provided it is kept free of parked vehicles and other obstructions to leave sufficient space for direct access.

4.

Residential Character. If operated within a pre-existing residential type structure, the use shall maintain the residential character and appearance of the structure.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards

1.

Proof of Licensing. The applicant shall provide proof of application for any licenses required by the State of Texas at the time of application for limited use approval and shall provide proof of issuance of any required licenses before commencing operations.

2.

Dwelling Type. The use shall be located in a single-family detached dwelling unit.

3.

Residential Character. If operated within a pre-existing dwelling, the use shall maintain the residential character and appearance of the structure.

4.

Extent of Same Use in Area. No more than one instance of the use shall occur on the same block face or among the all lots on a cul-de-sac.

5.

Resident Operator. The principal operator and care provider shall live in the dwelling.

6.

Non-Resident Employee. The use may employ up to one person who does not live in the dwelling unit.

7.

Occupancy Limit. The use shall provide care for not more than six children on the premises at any one time.

8.

Hours of Operation. The use shall not operate between the hours of 8:00 PM and 6:00 AM and shall not provide for overnight stays by those receiving care. Additionally no outdoor play activities shall occur before 9:00 AM if the site abuts a residential use.

9.

Signage. No signage is permitted.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Scale of Use. The floor area of the use shall not exceed 2,500 square feet.

2.

Hours of Operation near Residential. When abutting or within 200 feet of a residential use or an R-0, R-1, or R-2 zoning district boundary, measured as a radius from property lines of the limited use, the use shall not operate or have any loading or delivery activities between the hours of 10:00 PM and 7:00 AM.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Scale of Use. The floor area of the use shall not exceed 2,500 square feet.

2.

Hours of Operation near Residential. When abutting or within 200 feet of a residential use or an R-O, R-1, R-2, R-3 zoning district boundary, measured as a radius from property lines of the limited use, the use shall not operate between the hours of 10:00 PM and 7:00 AM.

3.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

4.

Design Standards. The use must comply with the UN zoning district design standards.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Accessory Laboratory Activity. Laboratory activity shall occur only as an accessory use to a principal clinic or medical office use.

2.

Scale of Use. The floor area of the use shall not exceed 2,500 square feet.

3.

Hours of Operation. The use shall not operate between the hours of 8:00 PM and 8:00 AM, and shall not provide for overnight stays by those receiving care.

4.

Residential Character in UN District. In the UN district, if operated within a pre-existing dwelling, the use shall maintain the residential character and appearance of the structure.

5.

Design Standards. In the UN District, the use must comply with urban design standards established in the UN District.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Hours of Operation near Residential. The use, if within 200 feet of the property line of a residential use, a mixed-use development that includes residential use, or a residential zoning district boundary, measured as a radius from property lines of the limited use, shall not operate between the hours of 12:00 AM and 8:00 AM.

2.

Screening. When the site is located adjacent to a residential use or zoning district boundary, visual screening shall be provided along all common side and rear property lines. The screening shall consist of a landscaping strip at least 4 feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

3.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Use Limitations. Drive-in theaters, golf driving ranges, and go cart tracks shall not be permitted in the CB district.

2.

Hours of Operation near Residential. The use, if within 200 feet of the property line of a residential use, of a mixed-use development that includes residential use or a residential zoning district boundary, measured as a radius from property lines of the limited use, shall not operate between the hours of 12:00 AM and 8:00 AM.

3.

Noise Limitation. All on-site activities and events shall comply with the City's noise regulations. Additionally, any outdoor speakers shall be oriented toward the interior of the site and away from property lines.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 20-002, § 2, 1-23-20)

This Section applies to New Construction or to those properties with proposed improvements that constitute a "substantial improvement, "meaning that the reconstruction cost or area of reconstruction is greater than 50 percent of the cost of replacement of the building, the building shall only be reconstructed if in conformity with these regulations.

A.

Limited Use Standards.

1.

Location/Areas. The Limited Use Standards shall apply to "Commercial Lodging (Hotel)" facilities located within the following areas:

a.

Gateway — 59th to Blume Street between Broadway Boulevard and Offat's Bayou/English Bayou;

b.

Seawall East — Inland side of Seawall Blvd. from Beach Drive to 6th St.;

c.

Seawall Core A — Inland side of Seawall Blvd. from 6th Street to 45th St.;

d.

Seawall Core B — Inland side of Seawall Blvd. from 45th Street to 61st St.;

e.

Seawall West — Inland side of Seawall Blvd. from 61st Street to Cove View Blvd.;

f.

Seawall West to 11 Mile — The area south of Stewart Road from Cove View Blvd. to 11 Mile Rd.;

g.

Southside of Seawall Blvd. from 12 ^th Street to the Easternmost Point of Galveston Island;

2.

Hotel/Amenities. "Commercial Lodging (Hotel)" facilities shall provide certain on-site amenities to include; but are not limited to:

a.

A hotel/motel shall contain a guest lounge, breakfast area or cocktail area. The applicable area shall be a minimum of 225 square feet.

b.

A hotel/motel shall contain a swimming pool and/or fitness center..

c.

A hotel/motel shall contain an area for meetings and/or conferences. This area shall be a minimum of 500 square feet.

d.

A hotel/motel shall contain a business center;

e.

A hotel/motel may undertake an alternative building development plan which contains building upgrades above these standards for that facility that are comparable in cost to the value of items 2.a. through 2.e.

3.

Design Standards.

a.

Guest rooms shall be accessible from only an internal hallway that is primarily accessible from a central lobby area contained within the hotel/motel.

b.

Guest access to ice machines/makers and vending kiosks shall be designed so that primary access is from a hallway that will be internal to the hotel/motel building.

4.

Operational Standards.

a.

A hotel/motel shall provide a security plan addressing, but not limited to, surveillance, lighting, and on site security for hotel guests and employees.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Community Gardens shall not be located on park land currently used for active or passive recreation or where there exist immediate plans to develop parkland for active or passive recreation.

2.

Community Gardens shall not be located on designated or dedicated open space land without approval from the City Council. Exceptions may be granted for open space land that does not contain sensitive habitat and is not contiguous to open space land with sensitive habitat.

3.

Community Gardens shall be located in areas that receive adequate sunlight for the intended purpose without the removal or excessive trimming of trees.

B.

Design Standards

1.

The on-site sale of produce grown on-site is permitted.

2.

The site shall be designed and maintained so that water and fertilizer will not drain to adjacent property.

3.

A minimum 3 foot wide, clearly marked entrance path shall be provided from the public rights-of-way to the garden.

4.

Community Gardens shall be located on land that is level enough to support the intended use and meet all Americans with Disabilities Act requirements without the use of retaining walls that exceed 3 feet in height.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards

1.

Applicability. Maximum of eight units within UN Districts. The Limited Use Standards, numbers 2 — 7, do not apply to existing buildings that are being used as Multi-Family/condominiums unless the property is able to meet these standards. This determination is made by the Director of Development Services after reviewing a detailed site plan and narrative that demonstrates the inability of the property to meet the limited use standards numbers 2 — 7, below.

2.

Minimum Setback. The closest property line of the use may not be located closer than 300 feet to an R-1 or R-0 district boundary, unless separated from such district by an arterial street, a right-of-way, or an intervening use. For infill, redevelopment, rehabilitation projects or new buildings in a developing site the setbacks shall match the established adjacent building setbacks.

3.

Accessory Structures. When any portion of a building or structure is located adjacent to property used or zoned for lower-density residential, the accessory structures of the use, including garages and recreational facilities, shall be set back at least 10 feet from the adjacent property and the landowner shall provide a buffer between the structure and adjacent property. Visual screening shall be provided along all property lines. The screening shall consist of a landscaping strip at least four feet in width that provides a year-round visual barrier up to 5 feet off the ground. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip. Accessory buildings that are structurally attached to a principal building shall conform to all standards that apply to the principal building.

4.

Fence. The use shall have a decorative, wrought iron fence no more than 3 feet high in combination with landscaping planted so as to achieve full opaque screening at maturity.

5.

Setbacks. Building setbacks shall create a uniformed setback along a public street. The front setback shall not be less than the average setback along the same and facing block faces.

6.

Sidewalks. The design and location of sidewalks in a MF development shall encourage pedestrian circulation. All on-site sidewalks shall be a minimum of width of 5 feet. Sidewalks adjacent to a parking area, where cars may overhang the walkway, shall be a minimum width of 7 feet. Connections between the on-site pedestrian walkway network and any public sidewalk system shall be provided at regular intervals along the perimeter street.

7.

Street Trees. Street trees are required to be planted and maintained along all streets and roadways. Street trees shall provide both a continuous, shaded environment along roadways and a physical and visual barrier between a pedestrian on the sidewalk and vehicles on the roadway.

a.

Alleys and service drives shall not be considered streets or roadways for the purposes of this standard.

b.

Spacing of street trees shall be a minimum of 15 feet and a maximum of 25 feet for the full length of all streets and roadways and shall be from among tree species on a City approved plant list; the Director of Public Works may modify the spacing to account for the mature size of trees and site features such as infrastructure and utilities.

c.

Street trees shall be planted within the rights-of-way of all streets, access ways, and roadways, excluding thoroughfares, alleys, and service drives. If not allowed within a thoroughfare right-of-way, street trees shall be planted on the private lots along the thoroughfare right-of way.

d.

Street trees shall be planted at least 3 feet from any curb or sidewalk.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Specific Use Standards. The following minimum standards apply for a correctional or rehabilitation facility. The Planning Commission and the City Council may impose additional conditions to make the use compatible with adjacent development.

1.

Hours of Visitation. Visits to residents of the facility by non-residents shall not occur between the hours of 10:00 PM and 8:00 AM.

2.

Minimum Distance from Same Use. The use shall be located at least one-half mile from an existing location of the same use, measured as a radius from property lines of the limited use facility.

3.

Minimum Distance from Residential.

a.

From Existing Residential Dwellings: 200 feet from any residential dwelling in existence at the time a specific use permit is approved, measured as a radius from property lines of the limited use facility.

b.

From Residential Districts: 200 feet from any residential zoning district boundary, measured as a radius from property lines of the facility.

4.

Minimum Distance from Certain Locations. The use shall be located at least 200 feet from a school or public park, measured as a radius from property lines of the limited use.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Scale of Use. The floor area of the use shall be at least 2,500 square feet.

2.

Minimum Distance from Same Use. The use shall be located at least one-half mile from an existing location of the same use, measured as a radius from property lines of the limited use.

3.

Minimum Distance from Residential District. The use shall be located at least 200 feet from a residential zoning district boundary, measured as a radius from property lines of the limited use, unless separated from the district by an arterial street.

4.

Minimum Distance from Sexually Oriented Business. The use shall be located at least one-half mile from a sexually oriented business, measured as a radius from property lines of the limited use.

5.

Proof of Permitting. For a credit access business, a person must submit an application on a form provided for that purpose to the director of development services. The application must contain the following:

a.

The name, street address, mailing address, facsimile number, and telephone number of the applicant;

b.

The business or trade name, street address, mailing address, facsimile number, and telephone number of the credit access business;

c.

The names, street addresses, mailing addresses, and telephone numbers of all owners of the credit access business, and the nature and extent of each person's interest in the credit access business; and

d.

A copy of a current, valid state license held by the credit access business pursuant to Chapter 393, Subchapter G of the Texas Finance Code.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Use Limitation. No new duplex permitted. Conversion of an existing structure into a duplex is not permitted.

a.

Any lawfully existing duplex on the effective date of these regulations shall be considered a conforming use and allowed to operate as such, notwithstanding if use was discontinued for any period.

2.

Repairs/Enlargement. Any lawfully existing duplex may be repaired but shall not be enlarged.

(Ord. No. 19-015, § 2, 2-28-19)

Editor's note— Ord. No. 19-015, § 2, adopted Feb. 28, 2019, did not specify manner of inclusion, hence, codification as § 2.323.1 was at the discretion of the editor.

A.

Limited Use Standards.

1.

Charging Station Near Residential. The use may not be located within 200 feet of the property line of a residential use or a residential zoning district boundary.

(Ord. No. 24-002, § 5, 1-25-24)

A.

In General, Statement of Purpose and Intention: The purpose of this Section is to protect the public health, safety and welfare, maintain the physical integrity of the Island, and minimize nuisances associated with excavation operations.

B.

Exceptions to the Excavation Permit Requirement:

1.

Building foundations, driveways, bulkheads/slope stabilization, landscaping, associated utilities, or approved drainage improvements;

2.

Cisterns;

3.

Swimming pools or similar installations;

4.

Land clearing, leveling, or grading of a lot, site or tract, with proper City of Galveston permits. Topsoil may not be removed from the site;

5.

Dredging or routine maintenance of existing canals or boat slips, with applicable Federal and state permits; or,

6.

City of Galveston infrastructure projects, such as, but not limited to water/sewer lines, drainage culverts or ditches, public or private roadways, or the installation of private utility lines located within City dedicated easements or rights-of-way.

7.

Landscaping excavations not to exceed five feet (5') in depth when measured in the center.

8.

Excavation in which all spoil remains on the site of origin.

a.

Site Plan Requirements and Standards prescribed in subsection H of these regulations shall apply to excavation in which all spoil remains on the site of origin.

C.

Definitions: As used in this subsection, the following words will have the following meanings:

1.

Excavation:

a.

The process of altering the existing grade below the natural contour level by which soil, sand, gravel, or shell is extracted, cut, dug, quarried, removed, displaced, or relocated.

b.

Any operation in which soil, sand, gravel or shell is excavated on the site of development for the purposes of raising the grade of the site, or construction of lagoons, lakes, canals, roads, berms or other similar land forms. Any resultant material may be used for beach nourishment if it meets beach quality sand criteria.

2.

Dredging. The process of removing silt and other material from the bottom of bodies of water.

3.

Drainage. Any operation in which soil, sand, gravel or shell is excavated and/or removed from a site for the purpose of providing required drainage for one or more properties, such as drainage culverts or ditches, public or private roadways for one or more tracts of land, as determined by the City of Galveston, Public Works Department. Any resultant material may be used for beach nourishment if it meets beach quality sand criteria.

4.

Wetland Mitigation. Any operation in which soil, sand, gravel or shell is excavated and/or removed from a site for the purpose of an approved wetland mitigation project.

5.

Landscaping. Any operation for the purpose of landscaping, For the purposes of this Section, the term "Landscaping" shall be the area within the boundaries of a given lot, site or tract that consists of planting materials and treatments; including, but not limited to: trees, shrubs, ground covers, grass, flowers, decorative rock, bark, mulch, and other similar materials. This treatment may also include the use of logs, rocks, fountains, water features (not to exceed five feet (5') in depth in the center), and contouring of the earth.

6.

Borrow Pit. An area from which soil or earth material is removed below the grade of surrounding land to be taken/removed off-site.

7.

Sand Harvesting. For the purposes of this subsection, the term "sand harvesting" shall be the excavation of beach-quality sand material from a permitted development project, to be deposited on the public beaches of Galveston Island for the sole purpose of beach nourishment and/or dune restoration projects.

8.

Beach Quality Sand. Beach quality sand shall be of effective grain size, mineralogy, and quality of the existing beach material, as determined on a case-by-case basis by the Texas General Land Office (GLO).

D.

Necessity for Excavation Permit:

1.

No person shall engage in Development or Site Excavation of soil, sand, gravel or shell until that person has secured an Excavation Permit.

2.

An application for an Excavation Permit for Development or Site Excavation, shall be filed with the Development Services Department. The application shall include a site plan, and an operations plan.

3.

The Development Services Department shall consider the following:

a.

The proposed excavation will not create hazardous conditions or imperil lives or property;

b.

The proposed excavation is in conformance with specifications approved by the City Engineer and standards adopted by the Planning Commission;

c.

Conformance with the City of Galveston Comprehensive Plan;

d.

Conformance with all applicable neighborhood, special area, corridor, or other plans adopted by the City;

e.

The applicant has addressed any impact to infrastructure, including on- and off-site drainage, public or private utility lines, existing street right-of-way, parks, or other public improvements; and,

f.

The applicant has addressed the public safety issues, including emergency vehicle and hurricane evacuation access.

4.

Such excavation or removal shall be done under the supervision of the City Engineer.

5.

Excavation constituting fifty percent (50%) of the development site shall be required to obtain a Specific Use Permit from City Council, in accordance with the Specific Use Permit process.

6.

Excavation permits are not required when applicant/project meets the criteria for an exception as allowed in this section.

E.

Prohibitions. The following shall be prohibited within the City of Galveston:

1.

Mining and unregulated excavation of earth materials, such as a borrow pit.

2.

The removal of any excavated earth material off Galveston and Pelican Island.

F.

General Location Standards.

1.

Zoning. As permitted in Table 2.201 of these Land Development Regulations (LDR).

2.

Setbacks. The minimum setback for excavation work shall be the following:

a.

In accordance with Section 29-2 of the City of Galveston Code of Ordinances; Development, Preservation and Protection of Sand Dunes.

b.

Twenty-five feet (25') from any developed public right-of-way.

3.

Location Standards:

a.

No excavation south of FM 3005;

b.

No excavation within one thousand feet (1000') of the mean high tide of the Gulf of Mexico; and,

c.

No excavation within fifty feet (50') north of the FM 3005 northerly right-of-way line.

4.

Public Improvements. Excavation shall not endanger any existing street or right-of-way, water line, sewer line, drainage line, any other utility line, public or private, parks or any other public improvement area.

G.

Bonds and Insurance Required.

1.

Surety Bonds. Surety Bonds are required for all Development and Site Excavation projects in which material is removed, in part or in whole, from the site.

2.

Performance Bonds.

a.

To insure that the City of Galveston's laws, ordinances and regulations are complied with, a performance bond, a cash deposit, a deposit of negotiables, or a letter of credit shall be posted or delivered to the City prior to the issuance of an Excavation Permit. In lieu thereof, the applicant shall deliver to the City an unrestricted irrevocable letter of credit issued by a state or national bank in the amount provided in this subsection. The letter of credit shall provide that the issuer thereof shall pay the full amount of the letter of credit to the City upon the City's demand for payment thereunder. The form and content, including, but not limited to, terms or time for which the letter of credit is valid for, and the identity of the issuer thereof shall be satisfactory to the City in all respects.

b.

The performance bond, a cash deposit, a deposit of negotiables, or a letter of credit shall guarantee conformance with: operation standards, including but not limited to days and hours of operation, noise, dust, traffic, drainage, erosion and public safety.

c.

The performance bond, a cash deposit, a deposit of negotiable or a letter of credit in the amount of one dollar and thirty cents ($1.30) per cubic yard of material, shall be posted or delivered to the City of Galveston to guarantee completion of the improvements. The amount shall be doubled, two dollars and sixty cents ($2.60) per cubic yard of excavation over, if the depth of excavation is greater than twenty feet (20') below the existing ground surface elevation.

d.

The City of Galveston, at any time, may enforce the provisions of the performance bond or retain the cash deposit, negotiables, or proceeds of the letter of credit in the event that the provisions of this section or any other applicable law, ordinance, or regulation have not been complied with by the applicant for the Excavation Permit.

3.

A performance bond insuring against excavation damage or permit non-compliance may be included in or combined with a construction bond, or may be issued separately by a surety company.

4.

Any other bonds or insurance as determined by the Risk Manager.

H.

Site Plan Requirements and Standards. Applicants for Development and Site Excavation shall include the following written and graphic information and adhere to the following standards:

1.

Data Required.

a.

Site Plan Requirements. All planned phases of the development shall be included on the required site plan.

b.

Drainage Plan. A drainage plan for the excavation area shall be submitted, detailing on- and off-site drainage and existing and modified drainage patterns resulting from the proposed excavation.

c.

Site Mapping.

1.

Scale. One inch equals 100 feet (preferable) or one inch equals 200 feet (alternative acceptable)

2.

Contour Interval. Two feet for slopes thirty percent (30%) or less ten feet (10') for greater slopes.

3.

Cross Sections. Vertical scale shall be equal to or in exaggeration of horizontal scale to illustrate excavation depth and other conditions.

d.

Soil Test Survey (Geotechnical Investigation). A soil test survey/geotechnical investigation shall be undertaken for all areas to be excavated. Information obtained from the survey shall be utilized in determining excavation material, drainage, slope, depth of excavation area, soil bearing capacity, structural stability and other design factors.

e.

U.S. Army Corps of Engineers (USACE) Jurisdictional Determination. Applicants shall be required to submit the following, if jurisdictional wetlands are suspected to exist on the property:

1.

A Jurisdictional Determination and all supporting documentation provided to the USACE for use in the determination of jurisdictions shall be submitted; or,

2.

A copy of the USACE permit application materials required for the proposed excavation project shall be submitted with the application for an Excavation Permit.

f.

Additional Data and Conditions. As required by this subsection.

I.

Excavation Operation Requirements and Standards. Applicants for Development and Site Excavation shall include the following written information and adhere to the following standards:

1.

Time.

a.

Duration. The approximate date of commencement of the excavation and the length of time of the operation shall be a one (1) year duration following the date of City Council approval for such additional periods as may be specified in the permit by City Council.

b.

Days. The days of operation shall be all year long, 365 days a year.

c.

Hours. No excavation work shall occur between the hours of 8:00 P.M. or sunset, whichever comes first, and 7:00 A.M. when located within 500-feet of a residential land use.

2.

Excavation Material, Methods and Equipment.

a.

Type and Quantity. The type of material, the volume of material, to be moved, and the excavation area (square yards) shall be specified.

b.

Methods of Excavating and Processing. The method, including the disposition of overburden or top soils shall be specified. Any topsoil to remain on Galveston Island. The removal of any excavated earth material off Galveston and Pelican Island shall be prohibited.

c.

Equipment. Equipment to be used in the operation of the excavation shall be specified.

3.

Truck Traffic.

a.

Volume. The estimated number of truck trips entering and leaving the job site over a twenty-four (24) hour time period shall be estimated and specified.

b.

Routes. The route(s) that trucks follow leaving the site should be the "City Truck Route" whenever possible. From the site, the most direct way to the "City Truck Route," or the route with the least impact on residential neighborhoods, shall be utilized.

4.

Noise. Operating Practices: Practices that will be utilized to minimize noise shall be specified. (Suggested practices include equipment in good operating order, adequate buffering of surrounding areas, operations centered on site, etc.)

5.

Dust. Operating Practices: Practices that will be utilized to minimize dust shall be specified. All roads within the site shall be maintained in a dust free condition, providing such surfacing or other treatment produces no potential pollution hazards to the surrounding ground or surface waters.

6.

Drainage and Erosion.

a.

Drainage: Practices that will be utilized to protect surrounding land and maintain or improve existing water quality shall be specified.

b.

Erosion: Practices that will be utilized to minimize erosion, particularly siltation of adjacent water bodies, shall be specified. Suggested practices include properly designed retarding basins, settling ponds, ditches, dikes, revegetation of slopes, etc.

7.

Public Safety.

a.

Fencing. To prevent the public from wandering onto the site, a fence shall be constructed prior to commencement of operations, enclosing the area to be excavated may be done in phases. Fences shall be at least five and one-half feet (5½') in height, and may be constructed of woven wire fabric or wood. Gates shall be installed at all vehicular and pedestrian entrance points.

b.

Material. To prevent potential hazardous conditions, the applicant shall be responsible for maintaining all project materials and construction debris on-site and out of public right-of-ways.

c.

Site Access. Not more than one entrance and one exit to the site shall be provided for the area of operation. Local residential street locations should be avoided.

1.

Access Roads. Access roads shall be constructed and maintained in such a manner that the deposit of earth materials on the public roads is minimized.

8.

Right of Entry.

City Engineer: during the term of the permit, the City Engineer or other City enforcement official shall be granted the right of entry upon the property for the purpose of inspecting and bringing enforcement to the property under the terms of this Ordinance.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 18-071, § 3, 12-13-18)

A.

Limited Use Standards.

1.

Limited Use in the R-0 and R-1 Districts. The use shall be limited to no more than two pupils at a time.

2.

Noise Limitation. All on-site activities shall comply with the City's noise regulations. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Hours of Operation near Residential.

a.

Except in the CB district, the use, if within 200 feet of a residential use or a residential zoning district boundary, measured as a radius from property lines of the limited use, shall not operate between the hours of 9:00 PM and 9:00 AM.

b.

Hours of Operation if Outdoor: The limitation on hours of operation above shall be between the hours of 7:00 AM and 9:00 PM for an outdoor flea market.

2.

Minimum Distance from Same Use. One-half mile from an existing location of the same use.

3.

Minimum Setback. All Outdoor Flea Market Operations shall be located at least 50 feet from all property lines.

4.

Noise Limitation. All Outdoor Flea Market Operations shall comply with the City's noise regulations. Additionally, any outdoor speakers shall be oriented toward the interior of the site and away from property lines.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Minimum Distance from Residential. The use shall be located a minimum of 200 feet from any residential use or residential zoning district boundary, measured as a radius from the property lines of the limited use.

2.

Use Limitation in CB Districts. The use shall be conducted in existing structures only. No outside repair or display/sales of golf carts permitted.

3.

Seawall Frontage. No new or expanded surface parking permitted for this use on properties with frontage on Seawall Boulevard.

4.

Minimum Setback. Except in the CB district:

a.

Outdoor Golf Cart Display/Sales and Other Outdoor Storage: 25 feet from any residential property line or zoning district boundary.

b.

Golf Cart Wash Facilities. Accessory vehicle was facilities and their incidental functions, including vacuums and air compressors, shall be set back at least 50 feet from the side or rear property line of any adjacent residential use or residential zoning district boundary.

5.

Outdoor Display. Outdoor golf cart display shall occur only on paved areas of the site; the displayed golf carts shall not occupy or obstruct required parking spaces. All golf car display or storage shall take place on private property. No display in the right-of-way is permitted without a License to Use.

6.

Elevated Display. No more than one outdoor elevated display shall be permitted; the elevated display shall raise the golf cart no more than 3 feet off the ground.

7.

Screening. Except in the CB district, when the site is located adjacent to a residential use or residential zoning district boundary, visual screening shall be provided along all common sides and rear property lines. The screening shall consist of a solid landscaping strip of at least 4 feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

8.

Surface treatment. All surfaces for vehicle travel or storage are to be treated with a dustless surface and an adequate system of storm drainage as approved by the City Engineer.

9.

Space Parameters. Every space for a golf cart for sale or rental shall measure 5 feet by 10 feet.

10.

Sidewalks. Sidewalks, curbs, and curb cuts shall be provided on all street frontages. All on-site sidewalks shall be a minimum width of five feet.

11.

Property Maintenance. The property upon which any golf carts, sales and rental use is located must be maintained in a neat and orderly manner with no accumulation of inoperable golf carts, tires, golf cart parts, garbage, refuse, or debris on the property.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 22-024, § 4, 5-26-22; Ord. No. 24-023, § 3, 4-25-24)

A.

Limited Use Standards.

1.

Minimum Distance for Residential. The use shall be located a minimum of 200 feet from any residential use or residential zoning district boundary, measured as a radius from the property lines of the limited use.

2.

Screening, Outdoor. Outdoor golf cart service and storage areas: Any outdoor areas used for golf cart service activity or temporary storage of vehicles undergoing service shall be screened so as not to be visible from abutting public street rights-of-way.

3.

Storage, Right-of-Way. All golf cart display or storage shall take place on private property. No display or storage in the right-of-way is permitted.

(Ord. No. 22-024, § 4, 5-26-22)

A.

Limited Use Standards.

1.

Truck Access. The use shall be located such that associated truck traffic can access a collector or arterial roadway or highway without traveling on a public street rights-of-way adjacent to any residential property, school, public park, recreational area, or facility.

2.

Minimum Distance from Residential. The use shall be located at least 200 feet from any residential use or residential zoning district boundary, measured as a radius from property lines of the limited use.

3.

Noise Limitation. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

4.

Use Limitation. LI uses located in the HI district shall meet Heavy Industry Limited Use Standards.

5.

Commercial Composting. Commercial composting is prohibited.

(Ord. No. 18-037, § 2, 6-21-18)

B.

Limited Use Standards.

1.

Hours of Operation near Residential. When abutting or within 200 feet of a residential use or zoning district boundary, measured as a radius from property lines of the limited use, the use shall not have any outdoor sales or loading or delivery activities between the hours of 10:00 PM and 7:00 AM.

2.

Truck and Trailer Access. The use shall be located such that associated truck and trailer traffic can access an arterial roadway without traveling on a public rights-of-way adjacent to any residential property, school, public park, or recreational area.

3.

Minimum Setback.

c.

Outdoor Display or Sales and Other Outdoor Storage: shall be located 25 feet from any residential property line or zoning district boundary.

d.

Vehicle Wash Facilities: Accessory vehicle wash facilities and their incidental functions, including vacuums and air compressors, shall be set back at least 50 feet from the side or rear property line of any adjacent residential use or residential zoning district boundary.

4.

Orientation of Service Bays. Any service or repair bays associated with the use shall be oriented away from adjacent, public rights-of-way or any adjacent residential use or residential zoning district boundary.

5.

Outdoor Vehicle Display. Outdoor vehicle display shall occur only on paved areas of the site, and the displayed vehicles shall not occupy or obstruct required parking spaces.

6.

Elevated Vehicle Display. No more than one outdoor elevated display vehicle shall be permitted, and the elevated display shall raise the vehicle no more than 3 feet off the ground.

7.

Vehicle Visibility. Booms, derricks, grapple loaders, platforms, and other auxiliary equipment or extensions on heavy vehicles shall be lowered as much as possible. No signs, banners, or flags shall be hung on such auxiliary equipment or extensions.

8.

Noise Limitation. All outdoor activities shall comply with the City's noise regulations. Additionally, any outdoor speakers shall be oriented toward the interior of the site and away from property lines, and shall not be operated after 9:00 PM except to provide emergency notifications.

9.

Screening. When the site is located adjacent to a residential use or zoning district boundary, visual screening shall be provided along all common sides and rear property lines. The screening shall consist of a landscaping strip at least 4 feet in width that provides a year-round visual barrier and positioned adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of 5 feet shall be installed immediately behind the landscaping strip.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Proof of Permitting. The applicant shall provide proof of application for any permits required by the State of Texas or the Federal Government at the time of application for limited use approval and shall provide proof of issuance of any required licenses before commencing operations.

2.

Hours of Operation for Commercial Amusement Use. When helicopter operations are conducted as a commercial amusement, activity shall not occur between the hours of 10:00 PM and 9:00 AM.

3.

Minimum Distance from Same Commercial Amusement Use. When helicopter operations are conducted as a commercial amusement, the use shall be located at least one-half mile from an existing location of the same use, measured as a radius from property lines of the limited use.

4.

Minimum Distance from Residential. The use shall be located at least 200 feet from any residential use or residential zoning district boundary, measured as a radius from property lines of the limited use.

5.

Minimum Site Area. The use shall occur on a site of at least one acre.

6.

Minimum Setback of Fuel Tanks. Fuel storage tanks shall be located at least 150 feet from any property line.

7.

Screening. When the site is visible from a residential use or residential zoning district boundary, visual screening shall be provided along all property lines with such visibility. The screening shall consist of a landscaping strip at least four feet in width that provides a year-round visual barrier up to five feet off the ground. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Use Limitation. The use is limited to office or service businesses. The use shall not involve vehicle service or repair, a Bed and Breakfast, or any type of Residential Child Care Facility or Day Care Child Care Facility.

2.

Proof of Permitting. The business shall be operated in accordance with all applicable federal and state law and permitting requirements.

3.

Resident Ownership. The home business shall be owned and managed by a person who resides in the dwelling unit or ADU.

4.

Non-Resident Employees. The business may employ up to two persons who do not live in the dwelling unit.

5.

Maximum Floor Area. The business activity shall not occupy more than 50 percent of the gross floor area of the principal residential building.

6.

Accessory Buildings. Accessory buildings may be used for business operations or storage if built in a manner that is similar in style and materials to the principal structure.

7.

Maintain Residential Character. No alteration shall be made to the dwelling to accommodate the home business that changes the dwelling's residential character and appearance.

8.

No Exterior Activity. All business operations and any storage shall be indoors.

9.

Parking. Commercial vehicles shall not be parked on the site other than those associated with the business and for the personal use of the owner.

10.

No On-Site Direct Sales. No retail or wholesale sales activity is permitted except for sales distributors who fill orders for catalog-type products and make deliveries to the customer location, as opposed to customers coming to the place of business.

11.

No Visible Merchandise Display. No commercial display of merchandise or goods for sale shall be visible from the exterior of the dwelling unit.

12.

Limited Deliveries. Parcel pickup/delivery services are permitted but not bulk commercial deliveries from trucks.

13.

No Nuisance Created. The home business shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards

1.

Maintain Residential Character. The home based occupation must not alter the dwelling to accommodate the home business in any manner that changes the dwelling's residential character and appearance.

2.

Signage. No signage or on-site advertising permitted.

3.

Non-Resident Employees. Non-resident employees prohibited.

4.

Use Limitation. Home based occupation may not receive customers and clients on-site. Silk Stocking and Lost Bayou neighborhoods are exempt from this provision.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Minimum Distance from Same Use. The use shall be located at least one-half mile from an existing location of the same use, measured as a radius from property lines of the limited use.

2.

Minimum Distance from Residential. The use shall be located at least 200 feet from an R-0, R-1, R-2, or R-3 district, measured as a radius from property lines of the limited use.

3.

Maximum Distance from Services. The use shall be located not more than one-quarter mile from social, public health, or employment services unless the shelter also provides transportation assistance or is located within one-quarter mile of a public transportation stop or transfer facility.

4.

Residential Character. If operated within a pre-existing residential dwelling, the use shall maintain the residential character and appearance of the structure.

B.

Specific Use Standards. The following minimum standards apply for a homeless shelter. The Planning Commission and City Council may impose additional conditions to make the use compatible with adjacent development and protect the public health, safety, and general welfare of the public.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Residential Structure. The use shall be located within a residential structure.

2.

On-Site Management. A resident manager shall live on the site, or the use shall be staffed with 24-hour, on-site management.

3.

Occupancy Limit in UN District. The use shall not provide for overnight occupancy by more than 12 guests.

4.

Parking Area Screening. All off-street parking areas for this use with more than 5 parking spaces shall meet the perimeter screening requirements in Article 9, Landscaping.

5.

Signage. No signage shall be permitted when the use is in a Historic (H) overlay district. Signs may be permitted elsewhere in accordance with Article 5. Signs.

6.

Sanitary Conditions. The manager shall provide clean linens and towels as necessary, adequate heating, ventilation and lighting, adequate hot and cold water, adequate sewage disposal, and maintain the outside area in a clean and sanitary manner.

7.

Fire Safety Standards. The use shall comply with all requirements of the City of Galveston Fire Marshal regarding installation of fire detection or fire suppression measures, required fire inspections, or other requirements before the issuance of a certificate of occupancy.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Minimum Distance from Residential. Any building used for the boarding of animals shall be located at least 200 feet from any residential use or residential zoning district boundary, school, day care facility, or public park, other than a dog park, measured as a radius from property lines of the limited use.

2.

Sound-Proofing. Where the site is located adjacent to a residential use or zoning district boundary, all buildings used for the care or boarding of animals shall be fully enclosed and sound-proofed so animal noises will not be audible from a property line.

3.

Hours for Outdoor Dog Runs and Animal Exercise Areas. Where the site is located adjacent to a residential use or zoning district boundary, outdoor dog runs shall not be used, and no other outdoor animal exercise shall occur, between the hours of 9:00 PM and 8:00 AM.

4.

Front Yard Maintenance. The front yard area shall not be used for animal exercise, and all yards shall be cleared daily of any animal waste.

5.

Screening of Outdoor Dog Runs and Animal Exercise Areas. Any outdoor dog runs or animal exercise areas visible from a public rights-of-way or adjacent residential use or zoning district boundary shall be enclosed by a solid masonry or concrete wall or a wood fence having a minimum height of five feet.

6.

No Nuisance Created. The use shall not create or cause any perceptible noise or odors, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Hours of Activities near Residential. The use, if within 200 feet of the property line of a residential use, a mixed-use development that includes residential use, or a residential zoning district boundary, measured as a radius from property lines of the limited use, shall not operate any heavy industrial machinery or equipment between the hours of 9:00 PM and 8:00 AM.

2.

Minimum Distance from Residential.

a.

From Existing Residential Dwellings: 200 feet from any residential dwelling in existence at the time the use receives limited use approval, measured as a radius from property lines of the limited use.

b.

From Residential Districts: 200 feet from any residential zoning district boundary, measured as a radius from property lines of the limited use.

3.

Truck Access. The use shall be located such that associated truck traffic can access a collector or arterial roadway or a highway without traveling on a public rights-of-way adjacent to any residential property, school, public park, recreational area, or facility.

a.

Loading and Service Areas: 25 feet from any residential property line or zoning district boundary.

b.

Outdoor Storage: 25 feet from any residential property line or zoning district boundary.

4.

Noise Limitation. All on-site activities shall comply with City noise regulations.

5.

Screening. When the site is located adjacent to a residential use or residential zoning district boundary, visual screening shall be provided along all common sides and rear property lines. The screening shall consist of a landscaping strip at least 4 feet in width that provides a year-round visual barrier, and shall be positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

6.

Materials Management. Appropriate measures shall be taken to contain, cover, or otherwise secure materials that are likely to generate wind-blown dust or debris that may affect adjacent properties.

7.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

8.

Use Limitation. LI uses located in the HI district shall meet the Limited Use Standards established in the HI district.

9.

Historic Zoning District. Limited use on property known as 1202 and 1208 Postoffice/Avenue E and legally described as Lots 8 and 9, Block 492, in the City of Galveston only. Section A.1., A.2., and A.3. shall not apply to this subsection. The "Light Industry" land use allowed by this subsection shall be restricted to Food and Beverage production. (Ord. 15.031)

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Use Limitation. The nonresidential portion of a live-work unit may be only a commercial retail, office, personal or professional services, and counseling activity as defined in these regulations.

2.

Scale of Use. The floor area of the nonresidential portion of the use shall not exceed 2,500 square feet.

3.

Historic Corner Store Structures. If located within an existing traditional, corner store historic structure the floor area of the nonresidential portion of the structure shall not exceed 5,500 square feet.

4.

Hours of Operation for Nonresidential Use. The nonresidential portion of the use shall not operate between the hours of 9:00 PM and 8:00 AM.

5.

Minimum Distance from Single-Family Residential District. The use shall be located at least 200 feet from an R-1 district boundary, measured as a radius from property lines of the limited use, unless separated from the district by an arterial street.

6.

Corner Location.

a.

Commercial Retail: The use shall be located on a corner lot if the nonresidential portion of the use involves a commercial retail activity.

b.

Multiple Units: Multiple live-work units may be located on a blockface only if developed as a contiguous group, with one unit located on a corner lot, and with no more than five units in the group.

7.

No Drive-Through Activity in UN District. The use shall not include a drive-through component.

8.

Maintain Residential Character. If located within a pre-existing dwelling that was converted to a live-work unit, the use shall maintain the residential character and appearance of the structure.

9.

Use Limitation. The business owner and the residents' occupant in the residential portion of the live-work unit must be the same person.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards

1.

Applicability. Maximum of eight units within the UN District. The Limited Use Standards, numbers 2 — 7, do not apply to existing buildings that are being used as Multi-Family unless the property is able to meet these standards. This determination is made by the Director of Development Services after reviewing a detailed site plan and narrative that demonstrates the inability of the property to meet the limited use standards numbers 2 — 7 below.

2.

Minimum Setback. The closest property line of the use may not be located closer than 300 feet to an R-1 or R-0 district boundary, unless separated from such district by an arterial street, a right-of-way, or an intervening use. For infill, redevelopment, rehabilitation projects or new buildings in a developing site the setbacks shall match the established adjacent building setbacks.

3.

Accessory Structures. When any portion of a building or structure is located adjacent to property used or zoned for lower-density residential, the accessory structures of the use, including garages and recreational facilities, shall be set back at least 10 feet from the adjacent property and the landowner shall provide a buffer between the structure and adjacent property. Visual screening shall be provided along all property lines. The screening shall consist of a landscaping strip at least four feet in width that provides a year-round visual barrier up to 5 feet off the ground. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip. Accessory buildings that are structurally attached to a principal building shall conform to all standards that apply to the principal building.

4.

Fence. The use shall have a decorative, wrought iron fence no more than 3 feet high in combination with landscaping planted so as to achieve full opaque screening at maturity.

5.

Setbacks. Building setbacks shall create a uniformed setback along a public street. The front setback shall not be less than the average setback along the same and facing block faces.

6.

Sidewalks. The design and location of sidewalks in a MF development shall encourage pedestrian circulation. All on-site sidewalks shall be a minimum of width of 5 feet. Sidewalks adjacent to a parking area, where cars may overhang the walkway, shall be a minimum width of 7 feet. Connections between the on-site pedestrian walkway network and any public sidewalk system shall be provided at regular intervals along the perimeter street.

7.

Street Trees. Street trees are required to be planted and maintained along all streets and roadways. Street trees shall provide both a continuous, shaded environment along roadways and a physical and visual barrier between a pedestrian on the sidewalk and vehicles on the roadway.

a.

Alleys and service drives shall not be considered streets or roadways for the purposes of this standard.

b.

Spacing of street trees shall be a minimum of 15 feet and a maximum of 25 feet for the full length of all streets and roadways and shall be from among tree species on a City approved plant list; the Director of Public Works may modify the spacing to account for the mature size of trees and site features such as infrastructure and utilities.

c.

Street trees shall be planted within the rights-of-way of all streets, access ways, and roadways, excluding thoroughfares, alleys, and service drives. If not allowed within a thoroughfare right-of-way, street trees shall be planted on the private lots along the thoroughfare right-of way.

d.

Street trees shall be planted at least 3 feet from any curb or sidewalk.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards

1.

Hours of Operation. A wholesale nursery or greenhouse when abutting a residential use or a residential zoning district boundary shall not operate between the hours of 9:00 PM and 7:00 AM.

2.

Minimum Setback.

a.

Loading and Service Areas: 25 feet from any residential property line or zoning district boundary.

b.

Outdoor Merchandise Display/Sales and Other Outdoor Storage: 25 feet from any residential property line or zoning district boundary.

3.

Screening. When the site is located adjacent to a residential use or zoning district boundary, visual screening shall be provided along all common sides and rear property lines. The opaque screening shall consist of a landscaping strip at least 4 feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

4.

Materials Management. Appropriate measures shall be taken to contain, cover, or otherwise secure materials that are likely to generate wind-blown dust or debris that may affect adjacent properties, including bulk mulch, sand, soil, fill, rock, and similar materials.

5.

Fencing. Chain link fence, if used on the site, shall not be not visible from any property line.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Existing Structures in the UN district. The use shall be permitted only in existing structures.

2.

Occupancy Limit in UN District. The use shall not provide full-time overnight care for more than 16 residents.

3.

Internal Access in UN District. Ingress to and egress from all resident rooms or living areas shall be made through the interior of the building rather than from direct outside entrances to each such room or living area.

4.

Parking in UN and MF Districts. All off-street parking areas for this use with more than five parking spaces shall meet the perimeter screening requirements in Article 9, Landscaping.

B.

Specific Use Standards. The use shall require a Specific Use Permit as set out in the Permitted Use Table.

C.

Combination with Place of Public Assembly. Nursing and convalescent homes are allowed as part of a development that includes a place of public assembly.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Structures located on Seawall Boulevard with frontage on Seawall Boulevard. Bail Bond use shall be permitted only in existing structures.

2.

Scale of Use in UN District. The floor area of the Bail Bond Office use shall not exceed 2,500 square feet.

3.

Minimum Distance from Single-Family Residential in UN District. The Bail Bond use shall be located at least 200 feet from an R-1 or R-2 district boundary, measured as a radius from property lines of the limited use, unless separated from the district by an arterial street.

4.

Screening in UN District. When the Bail Bond use is located adjacent to a residential use or residential zoning district boundary, visual screening shall be provided along all common sides and rear property lines. The screening shall consist of a landscaping strip at least four feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of 5 feet shall be installed immediately behind the landscaping strip.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

Outdoor storage include [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 similar materials shall conform to the following standards:

1.

Paving. Outdoor storage areas shall be paved with asphalt or concrete.

2.

Screening.

a.

Residential: When the site is located adjacent to a residential use or residential zoning district boundary, visual screening shall be provided along all common sides and rear property lines. The screening shall consist of a landscaping strip at least four feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

b.

Arterial Roadway: Any outdoor storage areas visible from an arterial roadway shall be enclosed by a solid masonry or concrete wall, or a wood fence of sufficient height such that no stored materials or merchandise are visible above the top of the screening wall or fence. However, no fence shall exceed 8 feet in height.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Commercial Surface Parking Lots

a.

7 foot wide perimeter landscaping

b.

One tree every 25 linear feet of parking lot frontage, 2 inch caliper trunk, 14 feet high

c.

10 foot wide sidewalk along public rights-of-way. The required sidewalk width may be reduced as approved by the Public Works Director when there is inadequate right-of-way.

2.

Interior Landscaping

a.

One canopy tree for every eight parking spaces, 2 inch caliper trunk, 14 feet high

b.

150 square feet of planting area for each canopy tree

c.

8 foot wide interior landscape medians filled with groundcover grasses and 3 foot high shrubs

d.

2 foot wide overhang zone with groundcover

e.

8 foot wide planting beds/ with trees required at both ends of parking rows.

f.

8 foot wide planting strip required every other interior row

3.

Storm Water Quality Discharge. Collection and discharge points shall be in sedimentation basins in parking row medians, elevated catch basins, filter fabric, gravel filter, retention ponding, inlets (spaced as appropriate), and piping connected to on-site storm water system.

4.

Parking area construction materials required. Required materials are concrete or asphalt.

5.

Design of Entries/Access Parking lot layout, access, and markings shall be designed in accordance with ITE Traffic Engineering Handbook, 6^thEdition.

6.

Fencing. Shall be a solid screen and constructed of masonry or wood.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards

1.

General Design. Structures shall comply with the following design Standards:

a.

Blank, flat unarticulated walls are prohibited. Parking structures shall be visually similar in character and scale to adjacent buildings;

b.

Except on sides abutting an alley, all floors above the ground floor of the parking structure shall have architecturally articulated facades designed to screen the view of parked cars;

c.

The amount of street frontage devoted to a parking structure shall be minimized by placing its shortest dimension(s) along the street edge; and

d.

Lighting within parking structures shall be directed inward to minimize light pollution.

2.

Design of Entries/Access.

a.

Vehicle entry to off-street parking structures shall be integrated into the placement and design of adjacent buildings or oriented away from the primary street frontage. At a minimum, parking structures shall have vehicle entries from locations that minimize conflicts with pedestrian circulation.

b.

Parking structures and adjacent sidewalks shall be designed so pedestrians are clearly visible to entering and exiting vehicles.

3.

Ground Floor Use and Design, Commercial. A commercial parking structure that is integrated into a building containing primarily nonresidential uses shall be constructed at a depth to permit occupancy by any commercial use allowed in the district when 80 percent of the ground floor is adjacent to a public street(except an alley) or adjacent to a public open space/plaza. The ground-level facade of the structure up to and exceeding the first 19 vertical feet of the structure, shall include the following features:

a.

Facade articulation and modulation through changes in vertical wall plane and/or a change in building material;

b.

Use of real windows with glazing that may be translucent, but shall not include black or mirrored glass or similar opaque glazing;

c.

Integration of multiple building entrances; and

d.

Corner architectural elements shall be incorporated such as a corner entrance, signage, glazing, and/or visually exposed stairs when parking structures are located on street corners.

e.

Buffering of the street edge with landscaping, berms, or landscaped planters. The screening shall consist of a landscaping strip at least four feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. Required screening type, characteristics, size at planting, and method shall be in accordance with the Planting Standards of Article 9, Table 9.302.

4.

Ground Floor Use and Design, Residential. When a parking structure provides parking for residential uses or when the structure is integrated into a residential building, the applicant shall either:

a.

Follow the design standard for Commercial; or

b.

Use the ground floor of the structure for parking, provided the ground-level façade of the structure (at least the first 12 vertical feet of the structure) includes the following features:

i.

Facade articulation and modulation through changes in vertical wall plane and/or a change in building material;

ii.

Use of real windows with glazing that may be translucent, but shall not include black or mirrored glass or similar opaque glazing;

iii.

Use of false windows defined by frames or lintels and sills;

iv.

Integration of multiple building entrances; and

v.

Buffering of the street edge with landscaping, berms, or landscaped planters. The screening shall consist of a landscaping strip at least four feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. Required screening type, characteristics, size at planting, and method shall be in accordance with the Planting Standards of Article 9, Table 9.302.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-015, § 2, 2-28-19)

A.

Limited Use Standards.

1.

Use Limitation in CB Districts. The use shall involve only vehicle rental and not vehicle sales. No outside repair of vehicles or bodywork permitted.

2.

Seawall and Broadway. Passenger Motor Vehicle Sales and Rental uses are prohibited on properties with frontage on Seawall Boulevard and on Broadway, from 6th Street west to 59th Street.

3.

Parking. No new or expanded surface parking permitted for this use on properties with frontage on Seawall Boulevard.

4.

Minimum Setback. Except in the CB district:

a.

Outdoor Vehicle Display/Sales and Other Outdoor Storage: 25 feet from any residential property line or zoning district boundary.

b.

Vehicle Wash Facilities. Accessory vehicle wash facilities and their incidental functions, including vacuums and air compressors, shall be set back at least 50 feet from the side or rear property line of any adjacent residential use or residential zoning district boundary.

5.

Interior Space Only in CB District. All vehicle display and showroom areas shall be within an enclosed building.

6.

Orientation of Service Bays. Except in the CB district, any service or repair bays associated with the use shall be oriented away from adjacent public street rights-of-way or any adjacent residential use or residential zoning district boundary.

7.

Outdoor Vehicle Display. Outdoor vehicle display shall occur only on paved areas of the site; the displayed vehicles shall not occupy or obstruct required parking spaces.

8.

Elevated Vehicle Display. No more than one outdoor elevated display vehicle shall be permitted; the elevated display shall raise the vehicle no more than 3 feet off the ground.

9.

Screening. Except in the CB district, when the site is located adjacent to a residential use or residential zoning district boundary, visual screening shall be provided along all common sides and rear property lines. The screening shall consist of a solid landscaping strip at least 4 feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

10.

Surface treatment. All surfaces for vehicle travel or storage are to be treated with a dustless surface and an adequate system of storm drainage.

11.

Sidewalks. Sidewalks, curbs, and curb cuts shall be provided on all street frontages. All on-site sidewalks shall be a minimum of width of five feet.

12.

Property maintenance. The property upon which any used car lot is located must be maintained in a neat and orderly manner with no accumulation of junk vehicles, tires, auto parts, garbage, refuse, or debris on the property.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 24-023, § 3, 4-25-24; Ord. No. 24-048, § 3, 8-22-24; Ord. No. 25-033 meeting, § 2, 7-24-25)

A.

Limited Use Standards.

1.

Minimum distance. The use shall be located at least 100 feet from any residential use; including Multi-Family Residential and Boarding House, Dormitory, Fraternity or Sorority, hospital, Commercial — Lodging (Hotel), church, or school, measured as a radius from property lines of the limited use.

(Ord. No. 24-023, § 3, 4-25-24)

A.

Limited Use Standards.

1.

Scale of Use. The floor area of this use shall not exceed 2,500 square feet.

2.

Occupancy in UN District. The use shall not accommodate more than five customers and not more than two non-resident employees on the premises at any one time.

3.

Limited Activities in UN District. The use shall not involve recitals, competitions, or other assemblies that would bring multiple visitors to the site other than the customers who receive services or instruction on the premises.

4.

Hours of Operation near Residential. The use, when abutting a residential use or residential zoning district boundary, shall not operate between the hours of 8:00 PM and 5:00 AM. Additionally, no outdoor activities shall occur before 9:00 AM if the site abuts a residential use.

5.

Residential Character in UN District. If operated within a pre-existing dwelling, the use shall maintain the residential character and appearance of the structure.

6.

Sound-Proofing. Where the use is located adjacent to a residential use or residential zoning district boundary, all buildings that will involve amplification of music or voices shall be fully enclosed and soundproofed to ensure compliance with City noise regulations at all common property lines. No outdoor speakers shall be used in association with any outdoor activities.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

No Outdoor Activity. The use shall be conducted within a fully enclosed building and shall not include any outdoor dog runs or animal exercise areas.

2.

Sidewalk. The owner shall clear all public sidewalk areas of animal waste daily.

3.

Maintain Residential Character. If operated within a pre-existing dwelling, the use shall maintain the residential character and appearance of the structure.

4.

Noise Limitation. All on-site activities shall comply with City noise regulations. Where the site is located adjacent to a residential use, a mixed-use development that includes residential use, or a residential zoning district boundary.

5.

Sound-Proofing. All buildings where animals will be accommodated shall be soundproofed such that no animal noises will be audible from a property line.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards

1.

Parking. Must meet parking standard of one space per 200 square feet of floor area.

2.

Sound-Proofing. Must comply City noise regulations or seek appropriate permit to exceed regulated noise levels.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Scale of Use. The floor area of the use shall not exceed 2,500 square feet unless located on a corner site, in which case the floor area of the use shall not exceed 5,500 square feet.

2.

Hours for Outdoor Events near Residential. The use, when abutting a residential use, shall not involve any outdoor events after 9:00 PM or before 8:00 AM.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Home-Based Occupation. The use may also operate as a Home Based Business, subject to the standards in Section 2.325. Home Based Business.

2.

Hours of Operation near Residential. The use, when abutting a residential use or residential zoning district boundary, shall not receive clients, customers, or other visitors beyond the owner and employees between the hours of 10:00 PM and 8:00 AM.

3.

Scale of Use. The floor area of the use shall not exceed 2,500 square feet.

4.

Occupancy in UN District. The use shall not accommodate more than five clients and not more than two non-resident employees on the premises at any one time.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Maximum Site Area. The use shall not occupy a site of more than one (1) acre.

2.

Fencing. The use shall be screened from the right-of-way and adjacent properties with a solid, eight-foot fence.

3.

Screening. When the site is located within a residential zoning district, visual screening shall be provided along the front and side property lines. The screening shall consist of a landscaping strip at least four (4) feet in width that provides a year-round visual barrier.

4.

Noise Limitation. All on-site activities and events shall comply with the City's noise regulations.

5.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 23-026, § 3, 4-27-23)

Editor's note— Ord. No. 23-026, § 3, adopted April 27, 2023, set out provisions intended for use as § 2.356.5. For purposes of classification and to preserve the style of this Code, and at the editor's discretion, these provisions have been included as § 2.351.1.

A.

Limited Use Standards.

1.—3.

Reserved.

4.

Hours of Operation near Residential. The use, if within 200 feet of the property line of a residential use, a mixed-use development that includes residential use, or a residential zoning district boundary, measured as a radius from property lines of the limited use, shall not operate between the hours of 12:00 AM and 8:00 AM.

5.

Screening. When the site is located adjacent to a residential use or zoning district boundary, visual screening shall be provided along all common side and rear property lines. The screening shall consist of a landscaping strip at least 4 feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

6.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Use Limitations. Drive-in theaters, golf driving ranges, and go cart tracks shall not be permitted in the CB and UN districts.

2.

Hours of Operation near Residential Use. The use, if within 200 feet of the property line of a residential use or a mixed-use development that includes residential, measured as a radius from property lines of the limited use, shall not operate between the hours of 10:00 PM and 6:00 AM.

3.

Noise Limitation. All on-site activities and events shall comply with the City's noise regulations. Additionally, any outdoor speakers shall be oriented toward the interior of the site and away from property lines.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 20-002, § 2, 1-23-20)

Limited Use Standards:

1.

Use Limitations. The use shall involve Piers, Docks and Boathouses constructed partially on or adjacent to a vacant lot. The vacant lot must have a minimum of 10-feet of shoreline frontage. Beachfront lots are excluded from this provision. No additional accessory structures shall be constructed on the lot. The use does not require an existing residential use on the property.

2.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a nuisance to neighboring properties. Campfires, grills and any other wood, gas or other like combustible material is prohibited. All trash, litter and debris shall be removed from the lot.

3.

Parking. No new or expanded surface parking permitted for this use. No vehicles, land or water, shall be stored on the lot. A maximum limit of 3 motorized vehicles shall be allowed on the lot during the hours of use. A maximum of 3 improved parking spaces may be installed on the lot, each space not to exceed 9' x 20'.

4.

Fencing. To prevent the public from accessing the site, a fence shall be constructed to enclose the entire lot and to deny access to any structure associated with the lot. Fences shall be a minimum of 4 feet in height, and may be constructed of chain link (cyclone) or wood, or as required by development standards. Gates shall be installed at all vehicular and pedestrian entrance points.

5.

Camping. Overnight camping of any kind shall be prohibited.

6.

Signage. A "NO TRESPASSING" sign shall be attached either to the fence surrounding the lot or a sign post and shall be visible from the street right-of-way. The overall height of the entire sign, including the signpost, shall not exceed 4 feet. Illumination of the sign, in any manner, shall be prohibited. Signs are not to exceed 22 inches by 33 inches.

7.

Lighting. Shall comply with Section 7.104 and Section 7.105 of Article 7. Outdoor Lighting.

8.

Jurisdictional review. This land use shall require a copy of the U. S. Army Corps of Engineers (USACE) Jurisdictional Determination, permit application and/or materials required for the proposed project, and/or a lease with the Texas General Land Office (TXGLO), if applicable.

(Ord. No. 22-006, § 4, 2-24-22)

A.

Limited Use Standards.

1.

Use Limitation. The use shall involve only sorting and temporary storage of the collected materials prior to transport off site and not any on-site processing.

2.

Limitation on Household Hazardous Waste Collection. No household hazardous waste or materials shall be collected, handled, or stored at a collection center located in any district other than the LI and HI district. Except that such activity may occur as part of a temporary City-sponsored collection event after which all such collected materials shall be transported off site and not stored overnight at the use site.

3.

On-Site Management. The use shall have an on-site manager on duty at all times the facility is open. Suitable security measures and signage shall be provided to prevent access by unauthorized persons when the facility is closed. Scavenging shall not be permitted at any time.

4.

No Outdoor Activity in Certain Districts. In the R-O, R-1, R-2, UN, MF, and CB districts, or where the site is located adjacent to a residential use or residential zoning district boundary, all sorting, handling and storage activities associated with the use shall be conducted within a fully enclosed building. This restriction may be waived in districts other than those cited above where the site has frontage on and access to a street classified as an arterial or highway. Delivery of recyclables into collection bins or temporary storage containers is allowed in open areas.

5.

Hours of Operation.

a.

Near Residential: If the use is located within 200 feet of the property line of a residential use, a mixed-use development that includes residential use, or a residential zoning district boundary, measured as a radius from property lines of the limited use, the sorting, handling, loading, and transport aspects of the use shall not operate between the hours of 8:00 PM and 8:00 AM. Any equipment essential to the operation of the recycling center shall not be operated between the hours of 7:00 PM and 7:00 AM.

b.

Abutting Residential: The use, when abutting a residential use, shall not be available for drop-off activity between the hours of 9:00 PM and 8:00 AM.

6.

Minimum Distance from Residential in R-1, R-2, and UN Districts. The use shall be located at least 100 feet from any residential use, measured as a radius from property lines of the limited use.

7.

Minimum Setback. In districts where the use abuts a residential use:

a.

Drop-Off, Loading, and Service Areas: 25 feet from any residential property line.

b.

Outdoor Storage: 25 feet from any residential property line.

8.

Vehicle Stacking. If designed for drive-through, drop-off of recyclables, the site shall have sufficient off-street vehicle stacking areas to prevent queuing of patrons, employees, and service vehicles on an abutting public street.

9.

Screening.

a.

Residential: When the site is located adjacent to a residential use, in districts where this use is permitted, visual screening shall be provided along all common side and rear property lines. The screening shall consist of a solid landscaping strip at least four feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

b.

Outdoor Storage. Any outdoor storage areas visible from a public rights-of-way shall be enclosed by a solid masonry or concrete wall or a wood fence of sufficient height such that no stored materials are visible above the top of the screening wall or fence from a public right-of-way.

10.

Parking and Screening of Service Vehicles in R-O, R-1, R-2, and UN Districts. Trucks or vehicles associated with the use shall not be parked on-site overnight unless in a location that screens them from view from a public right-of-way. No vehicle service or maintenance activities shall occur on the site.

11.

Fencing. Chain link or barbed wire fence, if used on the site, shall not be not visible from any of the site's property lines.

12.

Materials Management. Appropriate measures shall be taken to contain, cover, or otherwise secure materials that are likely to generate wind-blown dust or debris that may affect adjacent properties, including baling or palletizing of materials destined for recycling.

13.

Control of Insects and Vectors. The use shall be operated and maintained to prevent and eliminate the attraction, harborage, or breeding of wildlife or insects, rodents, and other vectors.

14.

Sanitary Conditions. Sanitary conditions shall be maintained through periodic wash-down of the drop-off areas and other facilities or other appropriate cleaning method to prevent odors, unsightliness, or other nuisance conditions from developing. All residuals shall be properly disposed of following cleaning operations.

15.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Compliance with Animal Regulations. The use shall comply with other applicable provisions of the City Code of Ordinances, including Chapter 7. Animals and Fowl.

2.

Use Limitation. The use shall be accessory to a residential development for the exclusive private use of residents of the development and their accompanied guests. The accessory activity shall be for the common use of residents as opposed to an equestrian subdivision design in which each lot has a private accessory stable.

a.

No Commercial Activity: The accessory use shall not operate similar to a freestanding commercial stable and shall not involve the temporary hire of horses or provision of rental riding facilities for the public. Additionally, no on-site sale of horses to the public shall occur.

b.

No Events: The accessory use shall not host or involve any equestrian sporting events or shows such as polo games, rodeos, or riding competitions.

3.

Hours of Operation. The accessory use shall not allow any horse riding or training activity between the hours of 10:00 PM and 8:00 AM.

4.

Limited Access. Principal road access and resident access to the accessory use shall be internal to the residential development site. Access to the accessory use from public roads external to the residential development shall be limited to service and emergency vehicles.

5.

Minimum Area. The accessory use shall include at least 1 acre of open pasture per horse sheltered.

6.

Minimum Distance from Residential Use or District. All aspects of the accessory use, including any associated parking or service areas, shall be located at least 200 feet from a common property line between the principal residential development and another residential use, a mixed-use development that includes residential use, or a residential zoning district boundary.

7.

Materials Management. Appropriate measures shall be taken to contain, cover, or otherwise secure materials that are likely to generate wind-blown dust or debris that may affect adjacent properties.

8.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards. To prevent vehicle and pedestrian conflicts with restaurants located on Seawall Boulevard restaurant uses with lot frontage and a drive-through service facility providing food service directly to occupants of a motor vehicle shall not have curb cuts and vehicle access on Seawall Boulevard. If a lot with frontage on Seawall Boulevard is limited to vehicle access from Seawall Boulevard, the site shall be limited to one access drive. Spacing of the access drive shall be placed in a location to limit vehicle conflicts with other off-site access drives.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 24-048, § 3, 8-22-24)

A.

Limited Use Standards.

1.

Scale of Use. The floor area of the use shall not exceed 2,500 square feet unless located within an existing traditional corner store structure, in which case the floor area of the use shall not exceed 5,500 square feet.

2.

Hours of Operation near Residential. The use, if within 200 feet of the property line of a residential use, a mixed-use development that includes residential use, or a residential zoning district boundary, measured as a radius from property lines of the limited use, shall not operate between the hours of 10:00 PM and 8:00 AM.

3.

Minimum Distance from Single-Family Residential District. The use shall be located at least 200 feet from an R-1 or R-2 district boundary, measured as a radius from property lines of the limited use, unless separated from the district by an arterial street.

4.

Residential Character. If operated within a pre-existing dwelling, the use shall maintain the residential character and appearance of the structure.

5.

Residential Screening. When the site is located adjacent to a residential use or residential zoning district boundary, visual screening shall be provided along all common side and rear property lines. The screening shall consist of a solid landscaping strip at least four feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

6.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Scale of Use. The floor area of the use shall not exceed 5,000 square feet.

2.

Hours of Operation near Residential. When abutting or within 200 feet of a residential use or an R-O, R-1, R-2, R-3, or UN zoning district boundary, measured as a radius from property lines of the limited use, the use shall not operate or have any loading or delivery activities between the hours of 10:00 PM and 7:00 AM.

3.

Residential Character in UN District. In the UN district, if operated within a pre-existing dwelling, the use shall maintain the residential character and appearance of the structure.

4.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-062, § 2, 9-13-18)

Editor's note— Ord. No. 18-062, § 2, adopted Sept. 13, 2018, enacted provisions designated as App. A, § 2.357, however, inasmuch as the section so numbered already exists, said provisions have been redesignated as App. A, § 2.357.1 at the discretion of the editor.

A.

Limited Use Standards.

1.

Scale of Use. The gross interior floor area of the use shall not exceed 250,000 square feet, and outside areas used for outdoor merchandise display or storage shall not exceed 30 percent of the gross interior floor area.

2.

Hours of Operation near Residential. When abutting or within 200 feet of a residential use or zoning district boundary, measured as a radius from property lines of the limited use, the use shall not have any outdoor sales or loading or delivery activities between the hours of 10:00 PM and 7:00 AM.

3.

Truck Access. The use shall be located such that associated truck traffic can access a collector or arterial roadway without traveling on a public rights-of-way adjacent to any residential property, school, public park, recreational area, or facility.

4.

Outdoor Surfaces. All outdoor areas used for merchandise display and storage shall have an improved hard surface.

5.

Minimum Setback.

a.

Loading and Service Areas: 25 feet from any residential property line or zoning district boundary.

b.

Outdoor Merchandise Display/Sales and Other Outdoor Storage: 25 feet from any residential property line or zoning district boundary.

6.

Location of Loading Bays. Loading bays shall be located on the side or rear of the site, oriented away from abutting public street right-of-ways, unless a residential use abuts the site to the side or rear.

7.

Noise Limitation. All outdoor activities shall comply with City noise regulations. Additionally, any outdoor speakers shall be oriented toward the interior of the site and away from property lines, and shall not be operated before 8:00 AM or after 9:00 PM except to provide emergency notifications.

8.

Residential Screening. When the site is located adjacent to a residential use or residential zoning district boundary, visual screening shall be provided along all common side and rear property lines. The screening shall consist of a landscaping strip at least four feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

9.

Materials Management. Appropriate measures shall be taken to contain, cover, or otherwise secure materials stored outdoors that are likely to generate wind-blown dust or debris that may affect adjacent properties.

10.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards. RV Park developments shall conform with the requirements of Division 6.700 as well as the limited standards prescribed herein.

1.

Minimum Setback.

a.

Common Facilities: 300 feet from any residential property line or zoning district boundary for restroom/shower facilities and swimming pools or other active recreational facilities.

b.

Liquid Propane/Propane refueling station: 300 feet from any property line.

2.

Noise Limitation. All outdoor activities shall comply with the City's noise regulations. Additionally, any outdoor speakers shall be oriented toward the interior of the site and away from property lines, and shall not be operated after 9:00 PM except to provide emergency notifications.

3.

Residential Screening. When the site is located adjacent to a residential use or residential zoning district boundary, visual screening shall be provided along all common side and rear property lines. The screening shall consist of a solid landscaping strip at least four feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of five feet shall be installed immediately behind the landscaping strip.

4.

Rental Period. An individual RV is limited to a rental period of sixty days per individual RV pad site.

5.

Minimum Site Area. The use shall occur on a site of at least 5 acres. An area containing a minimum of 600 square feet with a minimum width of 20 feet facing a street shall be required for each travel trailer lot.

6.

Soil and Ground Cover. Exposed ground surfaces in all parts of every park shall be paved, covered with solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating dust. The park owner shall be responsible for the maintenance of the ground cover or other vegetation when used.

7.

Screening. All travel trailer parks shall be enclosed by a screening wall constructed as not to restrict visibility at park entrances and exits consisting of masonry, wood, or live foliage and shall not be less than 6 feet nor more than 8 feet in height and shall fully screen the park from adjacent streets or abutting lands. Live foliage shall not be restricted to a maximum height but must provide a fully opaque visual screen within one year of planting to the specified height and remain fully opaque on a year-round basis.

8.

Drainage. All ground surfaces in the park shall be graded in such a manner as to provide drainage of all surface water in a safe, efficient way. Runoff shall not be permitted to drain on adjacent property and natural drainage characteristics must be retained. A drainage plan prepared by a registered professional engineer is required prior to the issuance of a building permit.

9.

Minimum Distance from Residential District. RV park improvements may not be developed within 300 feet of a lot or tract zoned R-0, R-1, or an UN zoning district. RV park operators shall prohibit the installation of temporary decks, gazebos, shade structures, carports, patios, or other accessory structures. The Texas Campground development shall be exempt from the provision.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Proof of Permitting. A property owner shall register short-term rental as required by the short-term rental ordinance.

2.

Applicability. The property owner shall pay Hotel Occupancy Tax as required by state law and municipal ordinance.

3.

Noise Limitation. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

4.

Parking Area. Parking is limited to one space per guest room; two on-street spaces may be counted towards the total required parking.

5.

Signage. Signs prohibited.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards. In the CB district, a new single-family detached dwelling shall be constructed only on a blockface where 50 percent or more of the land area constituting the blockface is already developed with single-family detached dwellings. Additionally, the lot proposed for development must be bounded on two sides, along the same blockface, with single-family detached dwellings that are pre-existing or to be built concurrently with the proposed new dwelling.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Scale of Use. The use, if accessed by a collector, arterial, or highway shall not accommodate more than 100 students hours annually for outdoor events near residential use. The use, when abutting a residential use, shall not involve any outdoor events after 9:00 PM or before 8:00 AM.

2.

Minimum Distance of Outdoor Recreation from Residential Use and District. A site designed to accommodate active outdoor recreation such as field games, court games, or swimming shall be located at least 100 feet from any common property line with an abutting residential use. This minimum distance shall increase to 200 feet where the facilities are to be lighted for use at any point after dusk.

3.

Minimum Site Area. The use shall occur on a site of at least 1 acre.

4.

Noise Limitation. All outdoor activities shall comply with the City's noise regulations. Additionally, any outdoor speakers shall be oriented toward the interior of the site and away from property lines and shall not be operated before 8:00 AM or after 9:00 PM except to provide emergency notifications.

5.

Screening. When the site is located adjacent to a residential use or zoning district boundary, visual screening shall be provided along all common side and rear property lines. The screening shall consist of a landscaping strip at least four feet in width that provides a year-round visual barrier, and positioned directly adjacent to the adjoining property. A solid masonry or concrete wall or a wood fence having a minimum height of 5 feet shall be installed immediately behind the landscaping strip.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Existing Structure. The use shall be permitted only in existing structures (as of March 5, 2015) in the CB District.

2.

Mixed-Use Building for Street-Level Activity. The use shall be permitted only in mixed-use buildings with one or more active uses on the ground floor. No self-storage units shall be located on the ground floor or first habitable floor.

3.

Outdoor Storage. All self-storage units shall be fully enclosed, and the use shall not involve any outdoor storage.

4.

Internal Access. Access to all self-storage units shall be made through the interior of the building rather than from direct outside entrances to each unit.

5.

On-Site Security. The use shall provide on-site security during all hours of operation including screening all visitors to maintain controlled access to the self-storage units.

6.

Noise Limitation. All outdoor activities shall comply with City noise regulations.

7.

Screening. Any off-street areas provided for drop-off and loading activity shall be screened so as not to be visible from abutting public street rights-of-way.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 20-014, § 2, 2-27-20)

A.

Specific Use Standards. The following standards apply for a substance abuse facility. The Planning Commission and City Council may impose additional conditions to make the use compatible with adjacent development and to protect the health, safety, and general welfare of the community.

B.

Limited Use Standards.

1.

Proof of Permitting. The applicant shall provide proof of application for any licenses required by the State of Texas at the time of application for limited use approval and shall provide proof of issuance of any required licenses before commencing operations.

2.

Limit on Private Assemblies in UN District. The use shall not host any private assemblies involving others in need of rehabilitation beyond the residents of the facility.

3.

Occupancy Limit in UN District. The use shall not provide full-time overnight care for more than eight residents.

4.

Hours of Visitation. Visits to residents of the facility by non-residents shall not occur between the hours of 10:00 PM and 8:00 AM.

5.

Minimum Distance from Same Use. The use shall be located at least one-half mile from an existing location of the same use, measured as a radius from property lines of the limited use.

6.

Minimum Distance from Residential Uses in UN district. The use shall be located at least 200 feet from a residential land use. In R-O, R-1, or R-2 districts, the use shall be 200 feet from a residential use, measured as a radius from property lines of the limited use, unless separated from the district by an arterial street.

7.

Minimum Distance from Certain Locations. The use shall be located at least 200 feet from a school or public park, measured as a radius from property lines of the limited use.

8.

Corner Location in UN District. The use shall be located on a corner lot.

9.

Internal Access. Ingress to and egress from all assigned living areas for residents shall be made through the interior of the building rather than from direct outside entrances to each unit.

10.

Maintain Residential Character. If operated within a pre-existing dwelling, the use shall maintain the residential character and appearance of the structure.

11.

Signage. No signage is permitted.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Specific Use Standards. The following standards shall apply for a towing service facility. The Planning Commission and/or City Council may impose additional conditions in the grant of the Specific Use Permit. In determining whether any additional conditions are appropriate, the Planning Commission and/or City Council will consider whether the proposed use is consistent with surrounding development, will identify any deleterious effect which may be caused in the area by the granting of the SUP, and will impose any such conditions to address such deleterious effect so as to eliminate or minimize them, and may impose any such additional conditions necessary and appropriate to protect the health, safety, and general welfare of the community.

B.

Limited Use Standards.

1.

Minimum Distance from Residential. The use shall be located a minimum of 200 feet from any residential use or residential zoning district boundary, measured as a radius from the property lines of the limited use.

2.

Access. The use shall be located so associated towing service traffic can access a collector, arterial, or highway without traveling on a public right-of-way adjacent to any residential property, school, public park, or recreational area or facility.

3.

Screening. Any outdoor storage of vehicles visible from a public right-of-way shall be enclosed by a solid masonry or concrete wall or a wood fence of sufficient height such that no stored vehicles are visible above the top of the screening wall or fence from a public right-of-way, however the screening wall or fence may not exceed eight (8) feet in height.

4.

Paving. Any parking required by Article 8: Parking and Loading shall be paved. Parking areas in excess of the required parking shall be stabilized with crushed stone material.

5.

Dust Mitigation: Appropriate dust suppression measures shall be taken, such as containment or covering, when the outdoor storage involves materials likely to generate wind-blown dust that may affect adjacent properties.

6.

No Nuisance Created. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

1.

Minimum Distance. The use shall be located at least 300 feet from a school, child care facility, church, and/or hospital, measured as a radius from the property lines of the limited use.

2.

Hours of Operation. The use shall not operate between the hours of 10:00 pm and 7:00 am.

(Ord. No. 24-009, § 3, 2-22-24)

A.

Limited Use Standards.

1.

Vehicle Wash shall be prohibited on Broadway, from 6th Street west to 59th Street.

(Ord. No. 24-023, § 3, 4-25-24)

A.

Limited Use Standards.

1.

Minimum Setback. Vending kiosks and ATMs shall be set back from property lines one foot for each one foot in height of the kiosk or ATM.

2.

Maximum Height. Vending kiosks and ATMs shall not exceed 16 feet in height.

3.

Protection from Collision. Vending kiosks and ATMs shall be elevated above parking lot surfaces and protected by a six-inch curb with a minimum radius around the base of the kiosk or ATM of five feet. Bollards shall not be used for collision protection unless they are integrated into a decorative metal fence that surrounds the structure except at points of access.

4.

Effect on Circulation.

a.

Walk-up format vending kiosks and ATMs shall be located to connect to any internal or external pedestrian circulation systems on or adjacent to the site, and shall not interfere with vehicular circulation.

b.

Drive-through format vending kiosks and ATMs shall be located and designed to minimize interference with vehicular circulation in surrounding or adjacent parking areas and shall provide at least three vehicle stacking spaces including the position at the kiosk or ATM.

5.

Parking. Parking spaces for walk-up format vending kiosks and ATMs shall be located within 30 feet of the base of the kiosk or ATM.

B.

Limited Use Standards in the CB District. The vending kiosks or ATMs shall be:

1.

A walk-up format that is integrated into a building façade;

2.

Accessible from a public sidewalk;

3.

Located in a building façade that faces a street with on-street parking; and

4.

Situated so as not to encroach onto the public sidewalk and so use of the kiosk or ATM does not impede the flow of pedestrian traffic along the sidewalk.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 25-040 meeting, § 2, 8-28-25)

A.

Limited Use Standards.

1.

Boarding of Animals. No overnight boarding of animals shall be permitted with the exception of hospitalization.

2.

Hours of Operation near Residential. When abutting a residential use or zoning district boundary, the use shall not operate between the hours of 7:00 PM and 7:00 AM.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Specific Use Standards. The following standards apply for a Wireless Telecommunication Facility (WTF). The Planning Commission and City Council may impose additional conditions to make the use compatible with adjacent development and to protect the health, safety, and general welfare of the community.

1.

All proposed telecommunication facilities, equipment, and/or service devices not eligible for administrative approval in any residential and non-residential zoning districts, shall be required to obtain a Specific Use Permit from City Council. When considering such approval, City Council shall review the following:

a.

Compatibility of height with surrounding areas;

b.

The City of Galveston Comprehensive Plan;

c.

All applicable neighborhood plans (not equivalent to deed restrictions);

d.

Screening proposal;

e.

Setbacks;

f.

Signage;

g.

Overall design; and

h.

Distance from existing WCF.

2.

All proposed WCF's in a Historic District, Landmark Designated Property and Historical Overlay Districts, shall be reviewed for compatibility and appropriateness by the Galveston Landmark Commission, in accordance with the Specific Use Permit process. Landmark Commission must review and approve the design and placement of the WCF, prior to the approval of a specific use permit request. Failure to obtain Landmark Commission approval for the design and placement of the WCF, shall nullify the specific use permit request.

B.

Administrative Review. The Development Services Department shall administratively review applications for telecommunication facilities that are in accordance with standards 2—10, below. The Development Services Director may refer all WTF's applications for administrative permits to the Planning Commission for review and recommendation to City Council.

1.

Proposed WTF located within Heavy Industrial zoning district (HI) if the tower height does not exceed 120-feet or encroach into any restricted airspace or zones and is located no closer than 1,000-feet from any residential land use or residential zoning district.

2.

Proposed WTF located atop the roof of any non-residential and non-historically significant building, within any zoning district, provided the WTF does not increase the overall height of the building or structure more than ten feet (10') and does not encroach into any restricted airspace or zones.

3.

Proposed WTF located on the vertical exterior of any non-residential and/or non-historically significant building, within any zoning district, provided the antenna or antenna support structure or equipment is mounted flush with the exterior of the building or projects no more that 24-inches from the surface of the building to which it is attached, and does not increase the height of the building to which it is attached by more than ten feet (10'), and that said projection is at least 15-feet above grade, is textured and colored so as to blend with the surrounding surface of the building.

6.

Proposed WTF to be located on municipal or other public/state/institutionally owned structures, authorized by ordinance of the City Council or written lease of the property owner. Location, design, height and other restrictions applicable to a WCF on municipal or other public/state/institutionally owned structures are subject to approval by the City Council or respective authority.

7.

Citizen band and amateur radio towers may be constructed in any zoning district provided they do not exceed 20-feet in height and comply with all City Codes and Ordinances, with the exception of properties within a designated Historic District or Galveston Landmark.

8.

Emergency and/or Temporary WTF's shall be administratively approved, provided the time frame for use does not exceed 30-days. All other City permits are applicable, such as temporary License to Use the City Right-of-Way, loudspeaker permit, etc.

9.

Stealth Technology — WCF's utilizing stealth design technology may be administratively approved for locations within Central Business (CB), Urban Neighborhood (UN), Commercial (C), Resort/Recreation (RES/REC), Light Industry (LI), and Heavy Industry (HI) zoning districts. All regulations under "General Requirements" of these standards are applicable.

10.

Collocations and modifications to existing WTF's may be administratively approved, in accordance with the regulations within this section, that permit administrative approval. If not eligible for administrative approval, an amended Specific Use Permit shall be required.

C.

Commitment to Share. Applications for new WTF's shall submit the following, regarding the applicant's agreement to accommodate additional antennas, whenever possible:

1.

Evidence to the Development Services Department demonstrating that a genuine effort was made to solicit additional users for the proposed new tower. Evidence of this effort shall include, a minimum, copies of notices to all other providers of telecommunication service with the geographic area, advising of the intent to construct a new WTF, identifying the new location, inviting joint use and sharing of costs, and requesting a written response within fifteen (15) days of solicitation.

2.

A signed agreement, agreeing to encourage and promote joint use, and committing that there will be no unreasonable act or omission that would have the effect of excluding, obstructing or delaying the joint use of any tower where fair and just market reasonable compensation is offered for such use.

D.

General Requirements.

1.

Antennas and support structures may be considered either principal or accessory uses.

2.

Applications for WTFs shall include the following:

a.

The linear distance between the proposed support structure and the nearest residential structure and/or residential zoning district boundary line.

b.

An inventory and map of the applicant's existing support structures, antennas or sites previously approved for such, either owned or leased, both within the City and within one mile of the City limits, including specific information about the location, height, design of each support structure, and coverage area. The separation distance between the proposed support structure or antenna and the existing support structures shall also be noted on supporting documents.

3.

No new tower shall be permitted unless the applicant demonstrates that no existing tower or alternate independent support structure can accommodate the applicant's proposed antenna. Evidence submitted must consist of the following:

a.

No existing alternate independent support structures are located within the geographic area are required to meet the applicant's engineering requirements. Existing alternate independent support structures are not of sufficient height to meet applicant's engineering requirements. All technical information, such as structural analyses of the other towers, shall be submitted in a report by a licensed, professional engineer.

b.

Alternate independent support structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, and cannot be reinforced, in accordance with the engineering requirements. All technical information, such as structural analyses of the other towers, shall be submitted in a report by a licensed, professional engineer.

c.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

d.

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs below new tower development are presumed reasonable.

e.

Property owners or owners of existing towers or structures are unwilling to accommodate the applicant's needs after a period of 30-days.

f.

The applicant demonstrates that there are other limiting factors that render existing alternate independent support structures unsuitable.

g.

The applicant shall provide necessary information for each WTF investigated, for staff verification. Information shall include the contact name, address, and telephone number, including the specific reason collocation could not be achieved.

h.

Certification by a structural or civil engineer registered by the State of Texas that the proposed installation complies with the requirements of the City of Galveston Building Code.

i.

Certification shall be submitted stating that all antennas and antenna support structures shall comply with the height and illumination restrictions established by the FAA (Federal Aviation Administration) or other applicable federal or state agencies.

E.

Design Standards — Setbacks from Residentially Zoned Properties.

1.

The distance between the base of a single monopole tower, lattice tower, a guyed monopole tower, or any other tower structure, and all platted residential lots, residential land use, or residential zoning districts, shall not be less than:

a.

One and one-half (1 ½) times the height of the tower structure, if the height of that tower structure is over 85-feet, but not over 199-feet;

b.

Two (2) times the height of the tower structure, if the height of that tower structure exceeds 200-feet.

F.

Tower Security Fence — Non-Residential Areas/Use/Zoning District.

1.

The base of a tower must be completely enclosed by a minimum eight feet (8') solid fence, wall, or barrier, which limits climbing access to such tower and any supporting systems, lines, wires, buildings or other structures.

2.

Gates and doors allowing direct access to the tower and enclosed by a fence, wall, or barrier, as required by this section, shall be equipped with a self-locking or self-latching mechanism capable of keeping such doors or gates securely closed and locked at all times.

3.

The requirements of this section do not apply to:

a.

Any tower located on a building that is not designed or built primarily to support the tower, provided that the general public has no physical access to the tower; or

b.

Existing tower sites having security fences at least six feet (6') in height.

G.

Screening Fence — Residential Areas/Use/Zoning District.

1.

The base of a tower, including all mechanical equipment and accessory structures, shall be screened from view of residential lots by an eight foot (8') solid fence, wall, or barrier. Exemptions from compliance with this section are provided in subsection (c) below.

2.

The screening fence may contain gates or doors allowing access to the tower and accessory structures for maintenance purposes; such gates or doors shall be equipped with a self-locking or self-latching mechanism capable of keeping such doors or gates securely closed and locked at all times.

3.

The requirements of this section do not apply to:

a.

Any tower located on a building that is not designed or built primarily to support the tower, provided that the general public has no physical access to the tower, and the ancillary equipment, including but not limited to the equipment enclosure, is not visible from an abutting property line or right-of-way.

H.

Landscaping. The following requirements shall govern the landscaping surrounding towers:

1.

A tower site shall comply with Article 9 of these Land Development Regulations and/or any other landscaping requirements, regarding landscaping for parking and servicing areas visible from a right-of-way. Additional trees, shrubs and other vegetation, which shield the area from public view, may be required to be planted and maintained at the site.

2.

All landscaping shall be maintained in a healthy, growing conditions at all times and in compliance with all applicable ordinances and regulations.

I.

Parking. No more than two (2) off-street parking spaces may be designated per WTF. All spaces shall be paved, striped and landscaped, per Articles 8 and 9 of these Land Development Regulations, respectively.

J.

Signage. No commercial message shall be placed on any WCF.

K.

Lighting. Except those required by the FAA for safety purposes, lights should be prohibited, to decrease the negative impact that may be realized by adjacent properties. This shall not apply to those lights necessary to illuminate during periodic required maintenance.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Limited Use Standards.

a.

Existing Structure. The use shall be permitted only in structures built prior to October 30, 2014.

b.

Minimum Distance from Residential. The use shall be located at least 200 feet from any residential use or residential zoning district boundary, measured as a radius from property lines of the limited use.

c.

Outdoor Storage. The use shall not involve any outdoor storage.

d.

Truck Access. The use shall be located such that associated truck traffic can access a collector or arterial roadway without traveling on a public rights-of-way adjacent to any school, public park, recreational area, or facility.

e.

Minimum Setback of Loading and Service Areas. 25 feet from any residential property line or residential zoning district boundary.

f.

Noise Limitation. All on-site activities shall comply with the City's noise regulations.

g.

Screening. Any off-street loading and service areas shall be screened so as not to be visible from abutting public street right-of-ways.

h.

Noise Limitation. The use shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

(Ord. No. 18-037, § 2, 6-21-18)