The village has established the following districts which are identified on the zoning district map. The permitted uses of businesses or occupations allowed for each zoning district is defined in section 44-54. No business or occupations are allowed within a district unless it is listed within this table.

(1)

Single-family residential and town home districts. The lots in this district are to be composed of single-family attached and detached dwellings. All existing deed restrictions within this district shall be the enforcing instrument. This zoning district is being established to define the single-family residential and town home areas.

(2)

Condominium district. This district is intended to provide for the development of quality condominiums in a medium density environment. Apartments are not allowed in this district. This district requires a permit and licenses as defined in section 44-85.

a.

Home occupations/business. All home occupations (business) shall be subject to the following restrictions and limitations without exception:

1.

The business shall be conducted entirely within the dwelling unit which is the bona fide residence of the practitioner.

2.

The residential character and appearance of the dwelling shall be maintained. Neither the interior or exterior shall be structurally altered to accommodate the business, nor shall any buildings be added to accommodate the activity.

3.

The business shall not create customer-related or delivery-related vehicular traffic in excess of three vehicles in a 24-hour day, except for garage, yard or estate sales.

4.

No outside storage of equipment, materials, supplies or inventory related to the business shall be allowed.

5.

The business shall not produce any external noise, vibrations, smoke, dust, odor, glare, fumes, electrical interference, or waste run-off outside the dwelling unit or on the property surrounding the dwelling unit.

6.

The business shall not be advertised by any signs on the premises, nor shall the street address of the resident be advertised through signs, billboards, television, radio, newspaper, bulletin boards, coupon books, internet, flyers or public mail outs, except for garage, yard, and estate sales and telephone directories.

7.

No short-term rentals or time shares are allowed in this district.

8.

Common recreational facilities are to be only used by the owners and their guests.

(3)

Commercial districts.

a.

Neighborhood commercial district.

1.

This district is intended to allow the smaller, neighborhood type of commercial uses located in the general proximity of their primary customers. Small shopping areas, retail establishments, and personal services that cater to the everyday needs of residents and neighborhoods are considered compatible with this district. The regulations in this district are designed to make permissible uses compatible with adjacent residential areas.

2.

Buildings or land in this zoning district shall be used only for the purposes shown in section 44-54.

3.

This district requires a permit and licenses as defined in section 44-85.

b.

Multi-use commercial district.

1.

This district is intended to allow for establishments that are used by both the local residences and others within the surrounding areas. It is particularly intended for those uses which are dependent upon higher traffic volumes and locations along or adjacent to major arterial streets. The regulations in this district are designed to provide maximum convenience and ease of access to and around such uses.

2.

Buildings and land in this zoning district shall be used only for the purposes shown in section 44-54.

3.

This district requires a permit and licenses as defined in section 44-85.

(4)

Marina district. This district is intended to be used as a marina as defined above. Buildings or premises in this zoning district shall be used only for the purposes of a marina. This district requires a permit and licenses as defined in section 44-85.

(5)

Village district. This district and its buildings is defined for use by the village for offices, parks, water/sewer facilities (GCFWSD #6), fire and emergency equipment, and any other necessary equipment to be used by village employees and officials to conduct business and other matters related to the operations of the village. This property can be leased to other establishments as decided by the board of aldermen.

(6)

Planned unit development (PUD) district. This district is used to describe a type of development and the regulatory process that permits a developer to meet overall community density and land use goals without being bound by existing zoning requirements. PUD is a special type of floating overlay district which generally does not appear on the municipal zoning map until a designation is requested. This is applied at the time a project is approved and may include provisions to encourage clustering of buildings, designation of common open space, and incorporation of a variety of building types and mixed land uses. A PUD is planned and built as a unit thus fixing the type and location of uses and buildings over the entire project. Potential benefits of a PUD include more efficient site design, preservation of amenities such as open space, lower costs for street construction and utility extension for the developer and lower maintenance costs for the municipality. The PUD district will be considered by the village for the commercial RV district, the marina district and the marina/condo district. Development within the PUD must meet as a minimum, the design, operational and license requirements as defined under division 2 of this article. Alternative uses which conflict with division 2 of this article may be proposed within the PUD application, but must be approved by the village board of aldermen.

(Ord. No. 10-04-01(2), § 12.303, 4-27-2010)

* Allowed under nonconformance use provision.

** Architectural design of Storage facility must be approved by the P & Z Commission and B of A.

(Ord. No. 10-04-01(2), § 12.309, App. A, 4-27-2010; Ord. No. 10-08-01, § 10, 8-10-2010; Ord. No. 12-14-01, 12-16-2014; Ord. No. 11-20-01, § 1(Exh. A), 11-17-2020)

(a)

The following design and operational requirements apply to the following districts:

(1)

Town home district.

(2)

Condominium district.

(3)

Neighborhood commercial district.

(4)

Multi-use commercial district.

(b)

All buildings, land and business within these districts must comply with the following:

(1)

Maximum height and area.

a.

Minimum square footage for individual town homes and condominiums shall be 900 square feet of living space.

b.

All condominium and commercial buildings shall be designed with concrete and steel and shall not exceed 75 feet in height, including parking garages. Height reference is measured from the elevation marker on Tiki Drive nearest to the proposed construction site.

(2)

Parking.

a.

All parking must be provided on the premises for all businesses that are operated within the commercial district.

b.

As a minimum of 2.5 parking spaces shall be provided for every town home or condominium unit. Minimum size for each parking space is nine feet wide by 18 feet long.

c.

Landscaping. The property shall be landscaped and maintained so as to be aesthetically pleasing to the surrounding area.

d.

Lighting. All area lighting and security lighting shall be located to minimize glare and be oriented to prevent illumination of adjoining properties.

e.

Screening requirements.

1.

All open storage of materials, vehicles, and equipment shall be enclosed by a screening device, at least six feet in height, and match the architecture of the building, when viewed from the front of the building on the street which is the principal address of the business.

2.

Trash receptacles and dumpsters must be closed and enclosed at all times, except when loading garbage or refuse. All receptacles and dumpsters must be enclosed as not to be visible and enclosures are to match the architecture of the building.

f.

Sidewalks. Continuous sidewalks not less than four feet in width shall be provided along all public streets abutting any part of the lot or site.

g.

All refuse and garbage shall be emptied regularly, as may be necessary to ensure that the garbage cans shall not overflow, and maintained in a usable, sanitary condition and the collection and disposal of the refuse and garbage shall be so conducted as to not create a health hazard.

h.

The property shall be provided with safe and convenient vehicular access from abutting public streets or roads to the internal streets and parking area.

i.

Fire safety standards.

1.

The building will be in compliance with all of the village fire codes. The property shall be equipped at all times with fire-extinguishing equipment in good working order.

2.

Access and approaches to all buildings for firefighting shall be kept clear for emergency vehicles.

3.

Fire protection: water lines and fire hydrants shall be provided and suitably located for adequate fire protection, as determined by the fire official and in accordance with NFPA-1 (Uniform Fire Code), but in no case shall the development provide less than a system of standard hydrants located not less than 500 feet apart and not more than 250 feet from the farthest point of each potential structure and served by water lines capable of delivering 750 gallons per minute.

j.

Electrical distribution systems shall comply with applicable village electrical codes and other applicable laws of the state.

k.

Water and sewer for these districts must satisfy the requirements of the GCFWSD #6 in order to obtain water and sewer services.

l.

No short-term rentals are allowed in these districts.

m.

Any activity on the property shall not produce any external noise, vibrations, smoke, dust, odor, glare, fumes, electrical interference, or waste run-off outside the property or on the surrounding property.

n.

Additional requirements for Commercial Zones D and E.

1.

Commercial Zones D and E are limited to structures and business operations that preserve the residential character of the area.

2.

Commercial properties within these zones must be compatible with the residential character of surrounding properties. External appearance, including building facades, landscaping, lighting, fencing and signage, must be consistent with the architectural standards of adjacent residential properties as described in deed restrictions and village ordinances.

3.

Commercial activities must be conducted entirely within the commercial building. No outside storage of equipment, supplies or inventory related to the business shall be allowed.

4.

No short term rentals or time shares are allowed in Zones D and E.

(Ord. No. 10-08-01, §§ 3—8, 8-10-2010; Ord. No. 10-08-02, § 3, 8-10-2010)

All buildings, land, and business within the marina district must comply with the following:

(1)

All buildings within the marina shall be designed with concrete and steel and shall not exceed 45 feet in height, including parking garages. Height reference is measured from the elevation marker on Tiki Drive nearest to the proposed construction site.

(2)

Water and sewer for the marina must satisfy the requirements of the Galveston County Fresh Water Supply District #6 in order to obtain water and sewer services.

(3)

Marina parking. There shall be enough parking spaces within the marina to accommodate all vehicles that use the marina. Provisions must be made that no vehicles will be required to park outside the marina property when using or visiting the marina. As a minimum, one parking space will be provided for every five boats stored in or out of the water. Minimum size for each parking space is nine feet wide by 18 feet long, up to 15 of required parking spaces may be compact spaces (eight feet by 16 feet).

(4)

Landscaping. The marina shall be landscaped and maintained so as to be aesthetically pleasing to the surrounding area.

(5)

All area and security lighting shall be located to minimize glare and be oriented to prevent illumination of adjoining properties.

(6)

All open storage of marina materials, and equipment shall be enclosed by a screening device, at least six feet in height when viewed from the front of the building on the street which is the principal address of the use.

(7)

Trash receptacles and dumpsters must be closed and enclosed at all times, except when loading garbage or refuse.

(8)

The marina shall be provided with safe and convenient vehicular access from abutting public streets or roads to the internal streets and marina parking area.

(9)

Fire safety standards.

a.

The marina will be in compliance with all of the village fire codes.

b.

Access and approaches to all buildings for firefighting shall be kept clear for emergency vehicles.

(10)

Fire protection.

a.

Water lines and fire hydrants shall be provided and suitably located for adequate fire protection, as determined by the fire official and in accordance with NFPA-1 (Uniform Fire Code), but in no case shall the development provide less than a system of standard hydrants located not less than 500 feet apart and not more than 250 feet from the farthest point of each potential structure and served by water lines capable of delivering 750 gallons per minute.

b.

The marina shall be equipped at all times with fire-extinguishing equipment in good working order. Each building shall be equipped with a monitored fire suppression system. No open fires shall be permitted at any time within the marina.

(11)

Electrical distribution systems shall comply with applicable village electrical codes and other applicable laws of the state.

(12)

Flammable objects.

a.

Portable bottled gas containers used within the marina, must be properly connected by copper or other suitable metallic tubing and securely fastened in place. State and local regulations applicable to the handling of bottled gas must be followed. Permanent LPG containers must obtain a permit from the village.

b.

Cooking shelters, outdoor fireplaces, open fires, wood-burning stoves and incinerators are not allowed within the marina. Barbecue pits are allowed on boats, but must be attended at all times when in use.

(13)

Refuse and garbage shall be emptied regularly, as may be necessary to ensure that the garbage cans shall not overflow, and maintained in a usable, sanitary condition and the collection and disposal of the refuse and garbage shall be so conducted as to not create a health hazard.

(14)

Lighting within the marina shall be provided along all internal streets. Light standards shall have height and spacing to ensure an adequate illumination within the marina. The lighting system proposed for compliance with the requirements of this subsection shall be described in the site plan for the marina. All lighting shall be located to reduce glare and be oriented to reduce illumination of adjacent properties.

(15)

Sidewalks shall be constructed to alignment and grade to provide proper drainage.

(16)

A clubhouse, SPA, community center, restaurant, or service building for use within the marina must meet the village laws, ordinances and FEMA codes.

(17)

Access, traffic circulation, parking:

a.

Internal streets shall be privately owned, built, and maintained. Streets shall be concrete and designed for safe and convenient access to all areas and facilities for common use of community residents and shall meet the requirements of the village codes for emergency vehicles access.

b.

All driveways constructed or installed shall be concrete and well-drained under normal use and weather conditions.

c.

Ingress and egress. The marina shall have a minimum of two points of ingress and egress for access by emergency vehicles and equipment.

(18)

No one using or owning a boat slip within the marina shall be permitted to live on the boat.

(19)

Any activity on the property shall not produce any external noise, vibrations, smoke, dust, odor, glare, fumes, electrical interference, or waste run-off outside the property or on the surrounding property.

(20)

No short-term rentals will be allowed for in-water or out-of-water boat slips.

(21)

No public boat ramp will be allowed in the marina.

(22)

Containment and remediation for fuel spills in the water from boats or from the marina must comply with all rules and regulations established by the state commission on environmental quality (TCEQ).

(Ord. No. 10-08-01, §§ 3—8, 8-10-2010)

(a)

It is unlawful for any person to install, construct, alter or extend a structure without a valid permit issued by the village in a planned unit development or in a town home, condominium, neighborhood commercial, multi-use commercial, or marina district.

(b)

Application requirements. All applications for permits shall be made upon standard forms provided by the building inspector and shall contain the following:

(1)

Name and address of the applicant;

(2)

Interest of the applicant in the property.

(3)

Location and legal description of the property.

(4)

Three copies of a site plan accurately depicting the layout of the property.

(5)

The plan shall be to scale and provide engineering plans and specifications for the proposed building showing:

a.

The area and dimensions of the tract of land.

b.

A site plan of the proposed buildings showing the number, location and size of all sites, locations and widths of roadways and walkways, service buildings and other proposed structures.

c.

The location of water and sewer lines.

d.

Plans and specifications for the water supply, including fireplugs and refuse and sewage disposal facilities.

e.

Plans and specifications for all buildings to be constructed on the property.

f.

The location and details of lighting and electrical systems.

g.

Surface drainage plan.

h.

Landscaping design and layout.

i.

Color scheme of all building exteriors.

(6)

A utility capacity agreement from the GCFWSD #6 is required to obtain a permit.

(Ord. No. 10-04-01(2), § 12.304, 4-27-2010)

All permit applications shall be accompanied by a fee. The fee will be determined by the board of aldermen based on the complexity of each project and kept on record in the offices of the village secretary.

(Ord. No. 10-04-01(2), § 12.304, 4-27-2010)

The building inspector shall issue the permit following review and determination that the buildings are in full compliance with all requirements of this article and all other applicable requirements, laws, codes, and regulations of the village. A permit issued under this article does not release the applicant from the requirement to obtain the necessary service agreements from the GCFWSD #6.

(Ord. No. 10-04-01(2), § 12.304, 4-27-2010)

(a)

Generally. General provisions regarding license requirements are as follows:

(1)

A license is required for businesses or commercial establishments in the following districts:

a.

Neighborhood commercial.

b.

Multi-use commercial.

c.

Marina.

d.

Planned unit development (PUD).

(2)

It is unlawful for any person to establish, operate, maintain or permit to be established, a business or establishment within these districts, unless such person holds a valid license issued annually by the building inspector. All applications for licenses shall be made in writing to the building inspector, who shall issue a license upon compliance by the applicant with the provisions of this article and all other applicable ordinances and laws. If at any time the applicant is in violation of applicable laws and ordinances, the license may be revoked and the operations of the business shall cease. All licenses shall expire on January 1 each year. After approval of the ordinance from which this article is derived, an established business without a license will have until January 1, 2011, to obtain a license.

(3)

A certificate of occupancy will be issued when the license is approved. Failure to meet the requirements of any part of this article will be grounds for removal and denial of the license and certificate of occupancy.

(4)

Application for original license. Application for an original license shall be in writing, signed by the applicant, and accompanied by an affidavit of the applicant as to the truth of the application and payment for the license fee as provided in the village fee schedule, and shall contain:

a.

The name and address of the applicant.

b.

The location and legal description of the business.

c.

A site plan of the property.

d.

The emergency evacuation plan for the business, property, and their occupants approved by the village is required prior to issuing the license.

(5)

Application for license renewal. Application for the annual renewal of a license shall be made in writing by the licensee on or before December 1 of each year on forms furnished by the village. The application shall contain any changes in information occurring after the original license was issued or when the latest renewal was granted.

(6)

License fee. All original license applications or renewals thereof shall be accompanied by a fee. The fee will be determined by the board of aldermen based on the complexity of each business and kept on record in the office of the village secretary. The annual increase of this fee will be limited to no more than five percent.

(7)

Transfer of business. Prior to the sale, transfer, or gift, or other disposition of interest in or control of the business, a new license must be obtained. If such business within the district is not in compliance with the terms of this article, the building inspector shall have the authority to deny such license. Failure to apply for and receive a new license shall constitute an offense and shall be cause for removal of the certificate of occupancy.

(8)

Violation, notice, revocation of license. Whenever the building inspector finds that conditions or practices exist which are in violation of any provision of this article, written notice thereof shall be given to the licensee or the licensee's agent that unless conditions or practices are corrected within a reasonable period of time, as specified in such notice, the license shall be revoked. At the end of the period of time granted for correction, if the conditions or practices have not been corrected, the building inspector may revoke the license and certificate of occupancy and shall give notice in writing of such revocation to the licensee or the licensee's agent at the address provided in the application. Any person who receives such notice of violation or revocation shall be entitled to a hearing before the board of aldermen. Upon receipt of notice of revocation, the licensee shall cease operation of the business, as set forth in the notice within ten days after the notice is issued unless such revocation is stayed by the board of aldermen.

(b)

Responsibilities of licensee. Responsibilities of the licensee are as follows:

(1)

The licensee or licensee's agent shall operate the business in compliance with all the requirements of this article and other applicable village ordinances and shall maintain the business and all facilities in good repair and in a clean and sanitary condition.

(2)

The owner and operator of the business shall be responsible for ensuring that it is maintained in a manner that will not attract or aid the propagation of insects or rodents or create a hazard to the health of any occupant or the public or constitute a nuisance. Growth of plant material such as weeds and grass, and other structures shall be continuously controlled. The owner or operator of the business shall take any other measures as may be deemed necessary by the building inspector to preserve the health, comfort and safety of all persons and the general public.

(3)

Maintain a copy of the license posted in the office or business.

(4)

In addition to complying with all provisions and requirements of this article and all future lawful ordinances and regulations adopted or promulgated by the board of aldermen, every person owning or conducting or in the management and control of any business shall, in connection with the business, comply strictly with each and all of the following:

a.

Provide for regular and periodic inspections of the water and sanitary conveniences in the business.

b.

Provide for the regular cleaning, painting, repairing and disinfecting of all buildings.

c.

Take proper measures to prevent and suppress lewd or disorderly conduct and report immediately to the police department of the village all lewd acts or acts of disorderly character committed by any person.

(5)

The following licensee responsibilities apply to the marina district only:

a.

The marina shall maintain a community register which shall contain the following information:

1.

Name and address of owner and occupant.

2.

Make, model, serial number, year, and dimensions of each boat.

3.

Date of arrival of each boat.

b.

The licensee shall make the community register available to any authorized village official upon reasonable request.

c.

It shall be the duty of the licensee to prescribe rules and regulations for the management of the marina, to make adequate provisions for the enforcement of the rules and regulations and to furnish copies of all the rules and regulations to the building inspector of the village.

(c)

Responsibilities of occupants. Responsibilities of occupants are as follows:

(1)

All occupants shall comply with and obey all the rules and regulations of the owner and ordinances within the village.

(2)

No owner or person in charge of any dog, cat or other pet animal shall permit it to run at large or commit any nuisance within the limits of the property.

(3)

All pets must be on a leash at all times and not left unattended.

(4)

The following applies to marina occupants only: when a hurricane emergency mandatory evacuation is declared by the village, all boats and related equipment in the marina must be secured to withstand the projected hurricane force winds or removed from the marina and the village. All personnel must leave the marina. Failure by the boat owner to secure or remove the boat and related equipment will be considered an offense subject to a penalty of $2,000.00.

(5)

The operator of a marina shall have a hurricane safety and evacuation plan reviewed and approved by the village.

(Ord. No. 10-04-01(2), § 12.304, 4-27-2010)