Sec. 26-472. - Definitions.
The following definitions shall apply to this article:
Alteration means (1) any addition to or modification of a building or tract that results in an increase in the parking factor used to calculate the number of parking spaces, bicycle spaces, and loading berths required of the use classification, or (2) any change of use classification of a building or tract.
Apartment means a building, or portion thereof, that is designed, built, rented, leased, or let out to be occupied, or that is occupied as the home or residence of three or more families living independently of each other, including a flat or a condominium created under chapter 81 or 82 of the Texas Property Code.
Applicant means a property owner or his or her designated agent, landlord, or tenant, holder of certificate of occupancy, management entity or other person or entity to which this article applies, that is requesting a building permit, development plat, site plan review, review of a shared parking agreement, review of a memorandum of lease, designation of a special parking area, or is otherwise seeking compliance with a provision of this article.
Arcade or game room means a building designed primarily as a place of amusement and recreation that may include pinball machines, video games or other related amusement machines or devices.
Arena means a building that contains facilities for seating for spectators of sporting events or other types of public amusement and entertainment.
Art gallery means a building that contains facilities for the sale or display of paintings, sculptures or other works or objects of art.
Auditorium means a building that contains facilities for use as a place for public or private gatherings.
Auto parts and supply store means a building that contains facilities for the sale of motor vehicle parts and related items to the general public.
Auto repair establishment means a building that contains facilities for the retail sale of automobile fuel, motor oil, or repair services for motor vehicles.
Auto sales dealer means a building that contains facilities for the display, service, and retail sale or lease of motor vehicles.
Bar, club or lounge means a building or a place of business that derives more than 50 percent of its gross revenue from the sale of alcoholic beverages for on-site consumption.
Barber or beauty shop means a building that contains facilities for the cutting of hair, providing facial and manicure treatments or other beauty related services and is licensed by the State of Texas as a barber shop or beauty shop or establishment.
Bicycle means a vehicle propelled by human power that has two tandem wheels at least one of which is more than 14 inches in diameter.
Bicycle space means a parking space provided solely for the parking of bicycles.
Block shall mean one or more lots, tracts or parcels of land bounded by streets, easements, rights-of-way or other physical features or a combination thereof.
Bowling alley means a building that contains facilities primarily designed for playing the game of bowling.
Building means any structure or portion thereof, that is built, or otherwise constructed, for the support, shelter or enclosure of persons, animals, or property of any kind.
Building materials or home improvement store means a building that contains facilities for the retail sale of lumber, tools, construction hardware, painting materials and related items.
Building permit means an official document issued by the building official authorizing performance of a specified activity under the Construction Code.
Business day means any day of the week except for Saturday, Sunday, or any other day on which department offices are closed.
Car wash (automated) means a building that contains facilities for washing more than two motorized vehicles using automated production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices.
Car wash (all others) means a building that contains facilities for the washing of motorized vehicles.
Certificate of occupancy means an official document issued by the building official after final inspections certifying that the building complies with the provisions of this article and the Construction Code. Certificate of occupancy includes a temporary certificate of occupancy issued by the building official.
Church means a building that is exempt from ad valorem taxes, in which a society of persons who profess a religious belief regularly assemble for religious worship or religious instruction or for propagating a particular form of religious belief.
Clinic (medical complex) means a group of interrelated buildings in close proximity to one another that contains facilities that provide human medical care under common management or control that may include medical or dental professional buildings as a part of such a complex.
Clinic (medical or dental) means a building that contains facilities for the offices of physicians or dentists for the examination and treatment of persons on an out-patient basis. A clinic (medical or dental) shall include medical or dental professional buildings which are not a part of a clinic (medical complex) as defined by this section.
Collector street is defined in chapter 42 of this Code.
College, university, or trade school means a building that contains facilities for an institution of higher education beyond the level of secondary school, including but not limited to, training in occupational or vocational education.
Commission means the city's planning commission created by the provisions of chapter 33 of this Code.
Compact car means a vehicle with an overall length of 16 feet or less and an overall width of six feet or less.
Construction means any act of forming, assembling, erecting or building a structure, building or portion thereof.
Courtyard style development as defined in Chapter 42.
Department means the planning and development department of the city.
Dessert shop means a building that contains facilities used primarily to sell pre-prepared desserts for on-site consumption and has a limited menu of foods such as ice cream, yogurt, custard, smoothies, cakes or cookies.
Development plat is defined in chapter 42 of this Code.
Director means the director of the department and his or her designees.
Driving range (golf) means a tract that contains facilities for practicing driving a golf ball.
Dwelling unit means a building or portion of a building that contains independent living facilities including provisions for nontransient sleeping, cooking, and sanitation.
Financial facility means a building that contains facilities for an establishment authorized to receive and safeguard money, lend money, execute bills of exchange and purchase and exchange foreign currency, including, but not limited to, banks, savings and loan associations and savings banks.
Funeral home or mortuary means a building that contains facilities for undertaking services such as preparing for human burial and arranging and managing funerals.
Furniture store means a building that contains facilities for the retail sale and display of furniture.
Golf course means a tract that contains facilities for playing golf and that is not a miniature golf course.
Gross floor area or GFA means the area within the perimeter of the outside walls of a building as measured from the inside surface of the exterior walls, with no deductions.
Heavy manufacturing and industrial means a building that contains facilities for the large-scale, capital-intensive, commercial production of goods.
Hospital means a building licensed by the State of Texas as a hospital that contains facilities for the provision of medical care of the sick or injured.
Hotel or motel means a building that contains guest rooms designed to be rented or let out for sleeping purposes by guests, but shall not include any use that is considered a special residential use in this article or any other residential use.
Leased tract means a tract subject to a memorandum of lease whether that tract part of a shared parking agreement or leased for use as an off-site parking facility.
Library means a building that contains a repository or collection of literary and artistic materials such as books, periodicals and newspaper.
Loading means the act of transferring items to or from a delivery motor vehicle.
Loading berth means a permanent, all-weather surfaced, marked space for the loading, unloading or parking of delivery motor vehicles other than motor vehicles principally designed for passengers.
Loading facilities category means the use of a building or tract for a purpose identified in section 26-522 of this Code.
Loading facility means a loading berth or other space used for the purpose of temporary loading and unloading or parking of trucks and motor vehicles other than motor vehicles principally designed for passengers.
Lot means (1) in the context of a subdivision plat, an undivided tract of land intended for single-family residential use contained within a block and designated on a subdivision plat by numerical identification; and (2) in the context of a development plat, a parcel intended as an undivided unit for the purpose of development.
Major thoroughfare. Is defined in section 1-2 of this Code.
Management entity means a political subdivision, a local government corporation, or other entity that represents the property owners within its boundaries.
Manufactured home means a building, transportable in one or more sections, that is eight body feet or more in width and 32 feet or more in length, that is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating, air-conditioning and electrical systems.
Manufacturing facility means a building that contains facilities for the processing of raw or partially completed material into a finished or partially finished product.
Market-based parking area means the area beginning at the intersection of I.H. 10 and U.S. 59, then in a southerly direction along U.S. 59 until its intersection with the Union Pacific railroad, then in a southerly direction along the railroad until its intersection with I.H. 45, then in a northerly direction along I.H. 45 until its intersection with U.S. 59, then in a southerly direction along U.S. 59 until its intersection with McGowen Street, then in a northerly direction along McGowen Street until its intersection with San Jacinto Street, then in a southernly direction along San Jacinto Street until its intersection with Holman Street, then in a easterly direction along Holman Street unit its intersection with Crawford Street, then in a southerly direction along Crawford Street and continuing along Almeda Street unit its intersection with Alabama Street, then in a westerly direction along Alabama Street until its intersection with San Jacinto Street, then in a southerly direction along San Jacinto Street until its intersection with U.S. 59, then in a westerly direction along U.S. 59 to Spur 527, then in a northerly direction along Spur 527 until its intersection with Bagby Street, then in a northerly direction along Bagby Street until its intersection with Heiner Street, then in a northerly direction along Heiner Street and continuing along Heiner Street as projected and extended to Sabine Street until its intersection with Memorial Drive, then in a easterly direction along Memorial Drive until its intersection with I.H. 45, then in a northerly along I.H. 45 until its intersection with I.H. 10, then in an easterly direction along I.H. 10 until its intersection with U.S. 59. A tract within a block that abuts McGowen Street, San Jacinto Street, Holman Street, Crawford Street, Almeda Street, Alabama Street, Bagby Street, Heiner Street, or Sabine Street are included within the area.
Memorandum of lease means a summary of a lease agreement or shared parking agreement that designates certain property to be used exclusively for the parking of motor vehicles to satisfy all or part of the parking requirements of a use classification determined pursuant to this article.
Micro-mobility device means a scooter, skateboard, or other compact device designed for personal mobility, either privately-owned or part of a shared service. It does not include an "electronic personal assistive mobility" device under the Texas Transportation Code, section 551.201.
Mini-warehouse facility means a building that contains facilities designed as individual compartments available to the general public for rent or lease as storage.
Miniature golf means a tract that contains facilities for playing golf on a miniature course.
Movie theater means a building that contains facilities for showing motion pictures to an audience.
Multi-unit residential as defined in Chapter 42.
Museum means a building that contains facilities for the display of objects of art, science, history, or other objects of cultural significance.
Neighborhood restaurant means a restaurant that does not have a drive-through facility and that is greater in size than 3,000 square feet of GFA plus 15% of GFA used as outdoor decks, patios and seating areas, but less than or equal to 4,500 square feet of GFA plus 15% of GFA used as outdoor decks, patios and seating areas. If a neighborhood restaurant increases in size to greater than 4,500 square feet of GFA plus 15% of GFA used as outdoor decks, patios and seating areas, then no part of the building or outdoor decks, patios and seating areas shall continue to be considered a neighborhood restaurant."
Neighboring property owner means an individual, group, or entity listed on the current appraisal district records as the owner of record for a lot or tract, as those terms are defined in section 42-1 of this Code, that is within 800 feet of the boundary of the lot or tract for which an administrative modification or variance is requested.
Nursery school or day care center means a building licensed by the State of Texas as a nursery school or day care that contains facilities related to the care and education of children primarily under six years of age including, but not limited to, all buildings and facilities licensed by the State of Texas as child care facilities.
Nursing home means a building licensed by the State of Texas as a nursing home that contains facilities to provide accommodations for convalescents or other persons who are not acutely ill and not in need of hospital care but require skilled care and related medical services.
Occupants means the number of students, staff and guests estimated to be inside a school building as reflected by the latest utility capacity reservation letter for each building.
Off-site parking means a parking facility located on a tract other than the tract where the use classification is located that must be available for parking for the use classification in order to comply with the requirements of this article.
Office means a building that contains facilities for the regular transaction of business, whether public or private, that is not more adequately described as a different use classification by this article.
On-site means a location that is a genuine part of a development and that is located on the same lot or tract as the development. An on-site location does not include properties located across a public right-of-way.
Park pavilion means an enclosed or semi-enclosed building that contains facilities for picnicking or recreation.
Parking facility means a parking lot, parking garage, loading berth, or other collection of parking spaces or bicycle spaces used for the purpose of temporary parking of vehicles.
Parking factor means the unique quality of a use classification that is used to calculate the required number of parking spaces, bicycle spaces, and loading berths of a use classification, such as, by way of example, gross floor area, useable floor area, and number of dwelling units, employees, sleeping rooms, occupants, storage units or bays, seats, golf course greens, and bowling alley lanes.
Parking lift means a mechanical device that may be suitable for indoor and outdoor use powered by an electric motor or hydraulic pump used to increase parking capacity within a parking facility by moving motor vehicles into a temporary storage position.
Parking management plan means a plan submitted by a management entity that describes the shared parking plan, alternative parking regulations, or substituted requirements for the number of sparking spaces, bicycle spaces, or loading berths in a special parking area.
Parking space means an identified and marked area wholly within private property that is all-weather surfaced and that is designed for the storage of one parked vehicle.
Psychiatric hospital means a building that contains facilities licensed by the State of Texas to provide care of the mentally ill or mentally disabled.
Reciprocal easement agreement means a written agreement in recordable form between two or more property owners that includes, but is not limited to, a restriction on the use of certain property for parking purposes and describes the building or tract that is entitled to the exclusive use of the designated parking facilities.
Responsible party means the property owner or his or her designated agent, landlord, tenant, holder of certificate of occupancy, management entity, or other person or entity to which this article applies who is responsible for complying with certain ongoing duties and responsibilities of a person or entity to which this article applies regardless of whether they are an applicant requesting a building permit, development plat, site plan review, review of a shared parking agreement, memorandum of lease, designation of a special parking area, or other provision of this article.
Restaurant means a building that contains facilities for the preparation of food or drinks to serve to customers including, but not limited to, coffee shops, cafeterias, concession stands, clubs that provide food service, including veterans' clubs that give or offer food for sale to the general public.
Retail store means a building that contains facilities for the retail sale or rental of goods or merchandise including, but not limited to, clothing stores, discount stores, household goods stores, office supply stores, drugstores, and bookstores.
Retirement community (with kitchen facilities) means a building that contains two or more individual dwelling units with individual kitchen facilities that are specifically designed and restricted in use for the needs of persons over 55 years of age.
Retirement community (without kitchen facilities) means a building that contains two or more individual dwelling units without individual kitchen facilities that are specifically designed and restricted in use for the needs of persons over 55 years of age.
Roller or ice skating rink means a building that contains facilities designed primarily for use as a roller skating or ice skating area that may include a limited seating area.
School (public, denominational or private) means a building that contains facilities operated by a public, religious, private, or other agency with a curriculum for kindergarten, elementary or secondary education.
Service station means a building that contains facilities for the sale of gasoline.
Shared parking means the use of the same off-street parking space or spaces to satisfy the off-street parking requirements for two or more individual use classifications.
Shopping center (neighborhood) means a group of commercial establishments contained in one or more buildings encompassing a total GFA greater than or equal to 25,000 square feet and less than 100,000 square feet developed as an integrated unit under common ownership or common parking agreement (reciprocal easement agreement or similar arrangement).
Shopping center (regional) means a group of commercial establishments contained in one or more buildings encompassing a total GFA greater than or equal to 100,000 square feet developed as an integrated unit under common ownership or common parking agreement (reciprocal easement agreement or similar arrangement).
Shopping center (strip) means a group of commercial establishments contained in one or more buildings encompassing a total GFA below 25,000 square feet developed as an integrated unit under common ownership or common parking agreement (reciprocal easement agreement or similar arrangement).
Single-family residential as defined in Chapter 42.
Site plan means a detailed, graphical representation of the arrangement of buildings, parking and loading facilities, driveways and other improvements on a tract of land.
Small bar means a bar, club or lounge that is greater in size than 2,500 square feet of GFA plus any outdoor decks, patios and seating areas, but less than or equal to 4,000 square feet of GFA plus any outdoor decks, patios and seating areas. If a small bar increases in size to greater than 4,000 square feet of GFA plus any outdoor decks, patios and seating areas, then no part of the building or outdoor decks, patios and seating areas shall continue to be considered a small bar.
Small restaurant means a restaurant that does not have a drive-through facility and that is less than or equal in size to 3,000 square feet of GFA plus 15% of GFA used as outdoor decks, patios and seating areas. If a small restaurant increases in size to greater than 3,000 square feet of GFA plus 15% of GFA used as outdoor decks, patios and seating areas, then no part of the building or outdoor decks, patios and seating areas shall continue to be considered a small restaurant.
Special parking area or SPA means an area designated by city council that is approved to have alternative parking requirements to those required by this article.
Special residential means a residential building that is not single family-residential or an apartment, which may contain rooming houses, group dwellings, community facilities, homes for physically or mentally disabled, lodging houses, hostels, or similar uses.
Sports club or health spa means a building that contains facilities for physical exercise, recreational sports, and relaxation.
Sports complex means a building or tract that contains facilities for playing baseball, softball, football, soccer or other competitive sports.
Subdivision plat is defined in chapter 42 of this Code.
Supermarket means a building that contains facilities for the sale of food, groceries, and household goods. Convenience stores shall be considered supermarkets.
Swimming club means a building or tract that contains facilities designed primarily for aquatic sports or recreation.
Take-out restaurant means a restaurant that does not provide seating for on-premises consumption of food or beverages and may include a drive-through facilities or a take-out window or counter.
Tavern or pub means a bar, club or lounge that is less than or equal in size to 2,500 square feet of GFA plus any outdoor decks, patios and seating areas. If a tavern or pub increases in size to greater than 2,500 square feet of GFA plus any outdoor decks, patios and seating areas, then no part of the building or outdoor decks, patios and seating areas shall continue to be considered a tavern or pub.
Temporary classroom building means a building built on skids and utilized by a public school district for the purpose of eliminating the shortage of classrooms in order to bring the student/teacher ratio into compliance with state law.
Tennis or racquet club means a building that contains facilities designed for playing racquet sports.
Theater means a building or tract that contains facilities for the performance of theatrical, literary or lyrical productions.
Title report means a current report, commitment, opinion or title policy that: (1) is prepared and executed by a title company authorized and in good standing to do business in the State of Texas or by an attorney licensed by the State of Texas; (2) provides a legal description of the property proposed to be subdivided or developed; (3) identifies the owner and lienholder of the property subject to the subdivision plat or development plat and the recording information of each instrument by which each owner or lienholder acquired its respective interest; and (4) describes all encumbrances of record that affect the property and the recording information of each instrument by which each encumbrance was established.
Tract means a parcel of land.
Transit facility means a permanent facility owned and operated by the Metropolitan Transit Authority of Harris County (METRO) designed to serve as points of access to METRO's transit infrastructure.
Transportation terminal means a building that is used to accommodate the arrival and departure of passengers by aircraft, motor bus, ship, or railroad train.
Truck terminal means a building designed with two or more loading berths to facilitate the loading or unloading of trailer trucks.
Use classification means the use of a building or tract for a purpose identified in division 2 of this article.
Useable floor area or UFA means the gross floor area of a building excluding lobbies, hallways, restrooms, elevators, stairwells, mechanical shaft or vertical penetrations, atriums, mechanical rooms, and service rooms.
Valet parking plan means a detailed graphical representation of the arrangement of parking spaces, drive aisles, and other improvements, that includes detailed dimensions of parking facilities.
Veterinary clinic means a building that contains facilities for the examination and treatment of animals.
Warehouse means a building that contains facilities for the storage of goods or merchandise.
(Ord. No. 2013-208, § 2(Exh. A), 3-6-2013; Ord. No. 2017-151, § 7, 3-1-2017; Ord. No. 2019-540, § 3, 7-17-2019; Ord. No. 2020-684, § 2(Exh. A), 8-5-2020; Ord. No. 2023-802, § 2, 9-27-2023)
