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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;0)any outdoor storage,as
<br /> defined in the Code of Ordinances,as a primary or accessory use, including any storage of
<br /> shipping containers;and(k)any gaming facility or operation including,but not limited to,off-
<br /> track or sports betting parlor,table games such as blackjack,keno machines or similar devices
<br /> or bingo hall.Notwithstanding the foregoing,this prohibition shall not apply to any
<br /> government-sponsored gaming activities or charitable gaming activities so long as such
<br /> governmental or charitable activities are incidental to the business being conducted by the
<br /> occupant of that portion of the subject property and do 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, or
<br /> (e)is in violation of any city,county, state 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
<br /> adversely impact S. 16'h 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 based
<br /> on the development's proportionate traffic impact.All contributions would be subject to
<br /> reimbursement through the TIRZ,pursuant to approval by the TIRZ Board.
<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
<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
<br /> as required by Section 106-800 of the city's Code of Ordinances along S. 16th 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 start construction of the building within 12 months after issuance or as scheduled under the terms of a
<br /> special 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 LaPorte,and the previous zoning of the entire tract shall be in full effect on the portion which is
<br /> undeveloped.
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