(a)

Purpose. The C-4 district is established to provide for more intense non-residential mixed-use development that provides a pedestrian oriented environment. The district is intended to include uses such as retail, commercial, professional offices, entertainment, hospitality, and service businesses for both the city and the region that benefit from location along Interstate Highway 45 (IH-45) and service the community. The purpose of this zoning category is to guide new development and redevelopment along the IH-45 by establishing enhanced standards that increase the quality of development and minimize impacts on abutting residential uses.

(b)

Generally.

(1)

All business, servicing or processing, except for off-street parking, off-street loading and automobile service station operation, shall be conducted within completely enclosed buildings, except as otherwise provided.

(2)

The activity and business shall be conducted within completely enclosed buildings, except for retail display yards attached to a main building and completely enclosed by masonry, wrought iron or similar fencing, not to exceed 25 percent of the total floor area of the main building. Wood fences and chain link shall be prohibited.

(3)

No use hereunder shall be permitted if said use entails storage of inoperable cars or equipment, shipping containers, or any other item storage except that provided in subsection 2, above.

(4)

All merchandise shall be sold at retail on the premises.

(c)

Uses permitted. The following uses shall be permitted:

(1)

Unified Business Development, which shall include only: (i) mixed commercial and residential uses that are master-planned as a consistent and integrated development, as shown by development under the same General Plan or on the same tract; (ii) development including pedestrian sidewalks or walkways throughout; (iii) a minimum area of development of five contiguous acres; and (iv) development that involves more than 10,000 square feet of new or refurbished building floor area that consists of a combination of two or more principal uses (in addition to multi-family apartment complexes, condominiums or hotels). Unified Business Development may not include: (i) uses with only drive-in or drive-through facilities (e.g., banks, dry cleaners, pharmacies, restaurants, etc.); (ii) uses (ii) Vending kiosk/automated teller machine (ATM) that are not attached to or within the interior of a building (i.e., ATMs cannot be in a stand-alone structure intended solely for housing one or more ATMs);

(2)

Multi-family apartment complexes, condominiums or hotels, provided the use is part of a Unified Business Development is does not exceed 40 percent of the development, the number of units is more than 50, and at least two amenities and two courtyards, parks or green spaces are provided (this requirement may also be met by means of continuous sidewalk accessible within 500 feet of every unit running continuously to at least two publicly usable parks);

(3)

Department and grocery stores;

(4)

Neighborhood retail sales and service, not including sales of vehicles, trailers or heavy equipment of any kind;

(5)

Business offices;

(6)

Professional offices, such as, doctors, dentists, attorneys, chiropractors, psychologists, insurance, real estate, architects, engineers, accountants, building contractors, and other similar uses;

(7)

Clinics, both medical and dental, that could include pharmaceutical sales, provided that such pharmacies are complementary to the primary clinic use of the structure. Other similar medical or dental, diagnostic or therapeutic facilities (except residences) are permitted;

(8)

Bakeries, cafes, confectioneries, ice cream shops, and restaurants that prepare foodstuffs for onsite retail sale only;

(9)

Automobile parking lots and structures if accessory to a primary use and used for customer and employee parking only;

(10)

Banks and financial institutions;

(11)

Musical instruments sales and repair; office supply stores; optical sales;

(12)

Florist shops and conservatories;

(13)

Picture framing;

(14)

Sporting goods stores;

(15)

Tailor shops;

(16)

Indoor theaters;

(17)

Travel bureaus and transportation ticket offices;

(18)

Trade Schools, private testing centers, and learning service providers;

(19)

Automobile service stations, provided that in addition to parking requirements for a particular use, additional parking equal to three times the number of service bays is provided;

(20)

Carpet and rug stores;

(21)

Catering establishments;

(22)

China and glassware stores;

(23)

Clothing and costume rental stores;

(24)

Employment agencies;

(25)

Interior decorating shops, including upholstering and making of draperies, slipcovers, and other similar articles when conducted as part of the retail operation and secondary to the principal use;

(26)

Paint and wallpaper stores;

(27)

Schools for music, dance, business or trade;

(28)

Water softener sales and services;

(29)

Commercial recreation uses, including bowling alleys, arcades, golf driving ranges, gymnasiums, miniature golf courses, pool halls, swimming pools and skating rinks;

(30)

Other retail sales and service uses which are similar in character to those enumerated in this subsection, and which will not be dangerous or otherwise detrimental to persons residing at, or enjoyment, or value of, any property, but not including any of the following uses:

a.

Any use permitted only in an I-1 or I-2 district;

b.

Manufacturing and processing other than an accessory use customarily incidental to permitted commercial sales and service uses; or

c.

Any use which is objectionable by reason of emission of odor, dust, smoke, gas, vibration or noise, or which may impose hazard to health or property.

(d)

Conditional uses. Conditional uses. The following conditional uses may be allowed in the C-4 district.

(1)

Any use permitted in the C-3 zoning district without requiring a conditional use permit, provided that the lot shall be not less than three acres and complies with the same screening, landscaping and miscellaneous requirements as those required in section 71-16(g)—(j).

(e)

Area; yard; and lot coverage requirement. The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of section 71-27, schedule of district regulations, and other applicable provisions of section 71-21, Supplementary district regulations.

(f)

Height. Height of buildings shall be limited to 50 feet plus an additional ten feet of allowed height for every additional ten feet of setback provided from the nearest property line beyond the required setback in section 71-27; provided, however: (i) required residential landscaping and screening buffers shall not be treated as providing additional setback; and (ii) where landscaping and screening buffers are required due to adjacent residential uses or zoning districts, additional setbacks provided to increase allowed building height shall be measured from the nearest required screening or landscaping buffer inner edge. Height limitations shall not apply to decorative elements of buildings that do not include any air conditioned floorspace.

(g)

Screening requirements.

(1)

Outside storage shall be screened on all sides by a solid opaque brick or stone wall of not less than six feet in height measured at the highest finished grade, constructed in accordance with general design standards of the city.

(2)

Trash receptacle shall be visually screened on three sides by a solid, opaque brick or stone wall not less than six feet in height, measured at the highest finished grade. The height of the trash receptacle shall not exceed the height of the screening. Screening shall not be required on the side used for access by garbage collection services. Such side shall not face less than 45 degrees from any adjacent street. Trash receptacles already enclosed by a solid, opaque brick or stone wall of at least six feet in height measured at the highest finished grade shall not be required to provide additional screening.

(3)

Any fencing, required or otherwise shall be a solid, brick or stone wall or wrought iron wall of not more than eight feet in height, measured at the highest finished grade.

(4)

Roof mounted equipment including but not limited to, storage tanks, compressor units, satellite dishes, vent stacks greater than four inches in diameter, and elevator machinery, shall be integrated into the building design and screened from view from the adjacent streets and public facilities. Rooftop screening shall use building materials similar to the facade of the building to which such items are located, to create a smooth, clean, integrated appearance. For purposes of this section, a highway or interstate frontage road shall be designated as an adjacent street. Any existing building or structure which becomes diminished 50 percent or more in assessed value due to fire, storms or other calamity shall, if rebuilt or repaired, be done so in compliance with this section.

(h)

Landscaping requirements.

(1)

Front yard landscaping for non-residential and multifamily developments shall be required. A minimum of one shade tree (minimum diameter of two-inch caliper measured at six inches above ground level at the time of planting) shall be planted for each 30 linear feet of landscape buffer. A minimum of ten shrubs (a minimum of three feet tall at the time of planting) shall be planted for each 30 linear feet of landscape buffer. All other areas within the landscape buffer shall be covered with grass, or another solid vegetative cover approved at the time of site plan approval.

(2)

Landscaping shall be required to screen the parking areas along major thoroughfares and collectors when nonresidential parking areas are located on the nonresidential lot such that they are adjacent to such roadways {i.e., there is no building between the parking area and the lot line adjacent to the roadway). In such cases, parking areas should be screened by a continuous hedge of shrubs that are maintained at a height of no more than 36 inches nor less than 24 inches as measured from the surrounding soil line and at a minimum 36 inches spacing.

(3)

A minimum of one shade tree (minimum diameter of two-inch caliper measured at six inches above ground level at the time of planting) shall be planted for every 50 inches parking spaces. Each tree shall be plated on an island that is a minimum dimension of six feet.

(i)

Buffer requirements. A nonresidential or multifamily use adjacent to a single-family use or zone shall provide a minimum 20 feet landscape buffer adjacent to the property line of the residential use or residentially zoned property. A nonresidential use that is adjacent to a multifamily development shall provide a minimum of ten-foot landscape buffer adjacent to the property line of such residential use or residentially used property. Industrial uses shall be required to install a 40-foot buffer when adjacent to all residential uses or zones (R-1, R-2, and R-3 properties).

In addition to the above-mentioned landscaping, a six-foot solid masonry (brick, stone, precast concrete or similar) screening fence shall be provided behind the landscaping buffer that abuts residential uses and zones.

(j)

Miscellaneous requirements.

(1)

All areas used for outside display or storage in conjunction with any use involving storage or display of motor vehicles, manufactured homes, trailers or boats, regardless of whether such areas are screened from public view, shall have a concrete surface, constructed in accordance with the standards prescribed by the city.

(2)

All utilities within 200 feet of the property line, which will serve parcel, shall be installed underground, except for any transmission line or feeder lines, either existing or proposed; provided that, such transmission or feeder lines shall be located within a designated paved easement or alleyway provided by the property owner.

(3)

Any renovation of an existing building or structure which adds 50 percent or more of either: (i) assessed value to such building or structure as shown by the Galveston County Appraisal District, or (ii) 30 percent more floor area to such building or structure, shall be in compliance with this section, including compliance of the parcel with all landscaping, fencing and screening requirements.

(4)

Landscaping shall cover a minimum of 15 percent of the of the total land area of any property.

(5)

Requirements in Section 71-27. Schedule of district regulations, will apply, unless otherwise stated herein.

(6)

Any subdivision of lots resulting in two or more lots that meet the minimum lot size requirements of section 71-27, any lot that is no longer adjacent to I-45, FM 1764 or FM 1765 shall revert automatically to the C-3 Corridor Commercial Zoning District.

(k)

Monument sign regulations. In the C-4 Interstate Commercial Zoning District only, notwithstanding section 71-28 of the City Code, monument signs, defined as on-premises signs with width of the base not less than 50 percent width of the sign face (signs may have two supports where the combined width of the supports is not less than 50 percent of the width of sign face) meeting all of the following requirements are authorized within the C-4 zoning district:

(1)

Maximum effective sign area shall be 160 square feet for multi-tenant (two or more tenants) or 100 square feet for single tenant (Excludes area of the sign base);

(2)

Maximum number of monument signs shall be one per 500 feet of street frontage, plus one for each additional 125 feet of frontage (Sites with multiple street frontage shall be permitted one sign per street frontage; Sites with multiple tenants may have one multiple tenant sign per 500 feet of street frontage, plus one for each additional 125 feet of frontage, in addition to one ground monument sign per tenant every 125 feet of street frontage);

(3)

Sign base shall be a minimum two feet tall and sign bases may not be used as effective sign area or for advertising of any kind;

(4)

Maximum sign height for a monument sign shall be 25 feet for single tenant and 55 feet for multi-tenant monument signs as measured from the ground;

(5)

Monument signs shall be surrounded by a landscape bed(s) that extend a minimum of three feet from the base of the ground structure of the sign;

(6)

Minimum sign setback shall be ten feet (measured from the nearer of the property line or right-of-way line of the street the sign is facing);

(7)

A monument sign may not be located within 50 feet of any another freestanding sign on another premises;

(8)

A monument sign may not be located within 125 feet of another freestanding sign on the same premises;

(9)

A monument sign may not be placed or located within the public right-of-way unless the city gives its written consent to the encroachment;

(10)

The use of "project identification" signs in the form of monument signs are encouraged; the effective sign area of the project identification language shall be exempt from the maximum effective sign face area limitation, provided the project identification language is the same language and font appearing at least three times on a parcel or adjacent parcels of two acres or more; and

(11)

All monument signs, including the base, must be designed and constructed to substantially appear as a solid mass, such as a cylinder, block, rectangle, or square, from ground level to the highest portion of the sign excluding the base. All monument signs, including the base, must be made of masonry, metal, routed wood planks or beams, or durable plastic; provided, however:

(12)

Unified business developments that meet the requirements of section 71-17(c) shall be exempt from the maximum effective sign face area and distance limitations of this subsection 71-17(k) under the following conditions: (i) approval of a general plan, pursuant to chapter 41, article IV, that includes a detailed sign plan; (i} the detailed sign plan approved with the general plan includes dimensions for all monument sign locations, sign face areas, and height; (ii) the monument signs do not exceed the height limitations provided in this subsection 71-17(k); and (iii) the combined effective sign face area for the entire detailed sign plan (excluding the sign face area of billboard signs and signs that are not freestanding, i.e., are attached to a building) shall not exceed 40 square feet per acre of development included in the unified business development.

(l)

Billboard sign regulations. In the C-4 Interstate Commercial Zoning District only, notwithstanding section 71-28 of the City Code, an existing off-premises or on-premise billboard sign shall be authorized for use in its current location or relocation to or within the C-4 zoning district, provided the sign meets the following regulations:

(1)

The existing billboard sign is currently located on a parcel in the C-4 zoning district;

(2)

The billboard sign is located or proposed to be relocated to a point at least 2,000 feet from any other billboard sign;

(3)

The maximum effective sign area for a billboard sign shall be the large of the existing billboard sign face or 600 square feet;

(4)

A billboard sign base shall be a minimum 60 feet tall and sign bases may not be used as effective sign area or for advertising of any kind;

(5)

Maximum billboard sign height shall be 100 feet measured from the ground;

(6)

Billboard signs shall be surrounded by a landscape bed(s) that extend a minimum of three feet from the base of the ground sign structure;

(7)

Minimum sign setback shall be ten feet (measured from the nearer of the property line or right-of-way line of the street the sign is facing);

(8)

A billboard sign may not be located within 125 feet of any monument sign; and

(9)

A billboard sign may not be placed or located within the public right-of-way unless the city gives its written consent to the encroachment.

(m)

All other sign regulations for C-4 Interstate Commercial Zoning District. All signs other than freestanding signs, including signs attached to buildings, shall comply with section 71-28. Signs partially attached to a building shall not be permitted.

(Ord. No. O-2021-0008, § 2, 6-21-2021)