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EXHIBIT A
<br />than a research or development or business office that does not have customers); (f) any drilling,
<br />refining, quarrying or mining operations of any kind; (g) any establishment whose primary
<br />business is the sale or rental or display of sexual materials or drug related paraphernalia or
<br />whose primary business is providing any adult only sexually oriented service or product
<br />including, but not limited to, massage parlors, topless establishments, any “adult” bookstore or
<br />“adult movie theater; (h)any flea market, bowling alley, nightclub, bar, lounge, tavern, theater,
<br />amusement park or video arcade; provided, however, that this prohibition shall not prohibit
<br />placement of video machines that are incidental to the conduct of a permitted business at the
<br />subject property; (i) any outdoor sales as a primary or accessory use; (j) any outdoor storage as
<br />a primary or accessory use, including any storage of shipping containers; and (k) any gaming
<br />facility or operation including, but not limited to, off-track or sports betting parlor, table games
<br />such as blackjack, keno machines or similar devices or bingo hall. Notwithstanding the
<br />foregoing, this prohibition shall not apply to any government-sponsored gaming activities or
<br />charitable gaming activities so long as such governmental or charitable activities are incidental
<br />to the business being conducted by the occupant of that portion of the subject property and do
<br />not occur regularly.
<br />5.No use shall be permitted which (a) is offensive by reason of odor, fumes, dust, smoke, noise,
<br />vibrations, radiation, radio influence or pollution, (b) is hazardous by reason of excessive
<br />danger of fire or explosion, (c) otherwise constitutes a nuisance, (d) is dangerous or unsafe, (e)
<br />would injure the reputation of the subject property, or (f) is in violation of any city, county, state
<br />or federal law, regulation or ordinance.
<br />6.A traffic impact analysis performed by a licensed engineer agreed to by both the City and the
<br />applicant shall be required. The study must ensure that the proposed development will not
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<br />adversely impact S. 16 Street or any of the major intersections in the vicinity. If so, any
<br />mitigation required by the study will be the responsibility of the applicant and would be applied
<br />proportionately to the scope of development.
<br />7.The subject property will need to be replatted in accordance with the requirements outlined in
<br />the City of La Porte’s Development Ordinance, prior to the issuance of a building permit. As
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<br />part of the plat, the applicant will be required to dedicate right-of-way along S. 16 Street to
<br />make a consistent 100-foot right-of-way width.
<br />8.The applicant shall install all of the required street trees and shrubs as part of the development
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<br />as required by Section 106-800 of the city’s Code of Ordinances along S. 16 Street and W. M
<br />Street.
<br />9.Harris County driveway permits shall be presented prior to permit issuance for all driveways
<br />requested. Maximum driveway widths shall be provided in compliance with city code
<br />requirements.
<br />10.The pavement shall remain in good, operable, dust free condition over time, and that repairs
<br />shall be made as necessary upon written notification by the city.
<br />11.Any future change in use requires consideration of a Special Conditional Use Permit in
<br />accordance with Chapter 106, “Zoning” of the City’s Code of Ordinances.
<br />Failure to occupy the building within 12 months after issuance or as scheduled under the terms of a special
<br />conditional use permit shall void the permit as approved, except upon an extension of time granted after
<br />application to the Planning and Zoning Commission.
<br />If contract or agreement is terminated after completion of any stage and there is ample evidence that further
<br />development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded
<br />by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of
<br />the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
<br />undeveloped.
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