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HomeMy WebLinkAboutO-1968-780 ......... ,. ~ ~ (. ~~, t-: "...--......, ... e:r.. ~ ~'. .''f.-, .. ... ,r' j... ,~ l.~. - i .' ORDIN~CE NO. 18 D . AN ORDINANCE AMENDING THE ZONING ORDIN,\NCE OF THE CITY OF IJ, PORTE, TEXAS, AOOPTED OCTOBER 4, 1960; SUCH AMENDED ORDINi~NCE TO REGU.L."TE THE IOOATION IJID USE OF BUILDINGS, STRUCTURES ~OO) LAND; THE HEIGHT, NUMBER OF STORIES, .UlD SIZE OF BUILDINGS AND OTHER STRUCTURES; THE SIZE OF YARDS lJ\'JD OTHER OPEN SPACES THE DENSITY OF POPULl,TION; AND FOR SAID PURPOSES TO DIVIDE THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER ,cum ,'.REA AS Hi,Y BE DEEMED BEST SUITED TO Cl~RRY OUT THESE REG- ULATIONS; PROVIIIING TIL~T ,'m PERSON OR CORPOR.\TION VIOL.~ING ,\NY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILITY OF ;, MISDE- ME,alOR, i.ND UPON CONVICTION SILu.L BE LIABLE TO FINE NOT TO EXCEED TWO HUNDRED ($200) OOLLiLRS, WITH EACH DAY OF VIOLATION CONSTITUTING A SEPARAm O~'SE; AND PROVIDING AN EFFECTIVE DATE HEREOF. VIHER.EJ1S, the City Commission of the City of La Porte I deems it necessary in order to lessen congestion on streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; ......, , to prevent the overcrowding of land; to avoid undue concentration ......--...... .. \~ , , '- , --...... ... , ' it, , " . '1-';..... '. ~:.. ,r.. 'i' .~. of population; to facilitate the adequate provisions of trans- portation, water, sewage, schools, parks, and other public require- ments; to conserve the value of property and encourage the most appropriate use of land throughout the City, all in accordance wi th a comprehen.'Si ve plan; NOW, T.!IEREFOBE. BE 1'1: ORDAINED BY THE CITY COMMIS.SION OF THE CITY OF LA PORTE, TEXAS: . ' " I... ;.. . . . ":.-c;, TABLE OF CONTENTS PART ONE,: TITLE AND GENERAL PROVISIONS .....- .. -,. ,LRTICLE ONE: TITI~ - - - - - - - - - - - - - ,- - - - - - - - - - - - Section 1:1~: - - - - - - - - - - - - - - - - - - - - --- - - - J\RTICLE TWO: INTE:;fr AND PURPOSE - - - - - - - - - - - - - - - - - - Section 2::]1jQ:::-:-::-:---=-::-:-:' - - - - - - - - - - - - - - - - - - ARTICLE THREE: RUI.ES FOR DF..FIN!TIONS - - .... - - - - - - - - - - - - - Section 3-1(5o~Rli1eS-='::--_--': - - - - - - - - - - - - - - - - - - lJ~TICLE FOUR: INT1~R?RETAT!ON OF ORDINANCE - - - - - - - - - - - - - Section 4-100"Int'erpreta'hOIi":-:-:--'-:-- - - - - - - .... -.... - '- - - ARTICLE Flv"'E: S}rPARABJI,I'I'Y OF PROVISIONS - - - - - - - .... - - - - - - Section 5-TOCf-SeparabITI ty - - - ;.--.: - - - - - - - - - - - ARTICLE SIX: EFFECT OF TKE: ORDINANCE - .... - - - - - - - - - - - - - - Section ~iOOE:ffec--r:-:.-:-.~~ --':: - - - - - - - - - - - - - - ARTICLE SEVEN: DF.~IN!TIO!~S~. - - - - - - - - - - - - - - - - - - - - Section 7-100~.5CfInitIons - - - - - - - - - - - - - - - - - - - ARTICLE EIGKT: DI89.',!;'Im'3 .AP.~ ESTABLISHED - .... - - - - - - - - - - - - Section 8_106u 'EsJ';-abITSEfii;mtof Districts and Boundaries - - - - lJiTICLE NINE: DET:r;~RMI~ATION OF DISTRICT BOUNDARIES - - - - - - - - - Section 9-io(f"K\il€S7c;r-'tiieMlnferpretation of District Boundaries ARTICLE TEN: GENF:F.MT.. PROVISIONS - - - - - - - - - - - - - - - - - - Section 10:10,)" Z0n1"i.igoi-New1y Annexed land - - - - - - - - - - Section 10-200 Zoning of Vacated Streets and rl.11eys - - - - - - Section 10- 30() Corner Lots, Reverse - - - - .... - - - - - - - - - Section 10-400 Special Rule for Double Frontage Lots - - - - - - Section 10-50() Principal and Accessory Buildings and Uses - - .... Section 10-600 Permitted Obstructions in Required Yards and Open Space .... - - - - - - .... - - - - .... - - - - - - ARTICLE ELEVEN: NONCOm;O:EU\fiNG USES .... - .... - - .... - .... - - - - - - - - _ Section 11-100~onconfoiMning Uses are Regulated - - - - - - - - ARTICLE TWELVE: ~)MPLIANCE - .... .... - - .... .... .... .... - .... - - .... _ .... _ _ - _ - Section 12~lb()'Comprrance with the Regulations - - .... - - - - - - ,- ....- PART TWO; DISTRICT REGULATIONS ,"" - ARTICLE THIrt",;.'.;:,,::,.:i ~ ZC:'~7!~~G DleTRICT R'EGULATIONS - - _ .... - .... _ _ _ _ _ Section 13'-10tj'~(h;iierai"':fiequiremerits and Provisions - - - - - .... .... Section 13..200 iIR..l" Single Family Dwelling and Duplex District P.egu1ations - - - - - .... .... - - .... .... .... - - - - - - - Section 13-300 "R-2" Single-Family Dwelling and Duplex District Regulations .... .... - - - - - - - .... .... .... - - - - - .... - Section 13-'-1-00 "C" Apartment and Commercial District - - - - - - Section 13-500 "I" Industrial District - - - - - - .... '- - .... - - - .ARTICLE FOURTEE1~: P.~Pj(ING, I-ISIGHT, AND AREA REGULATIONS - - - - .... - Section 14-100-blff:str~e~Pnrking and Loading Requirements - .... - Section 14-200 Height and Area Exceptions and Modifications -- ~ PART THREE: ,U>MINISTRATION, AMENDMENTS, AND ENFORCEMENT ...-- .ARTICLE FIFl'EEN: ADMINISTRATION, AMENDMENTS, AND ENFORCEMENT - - 41 Section 15-100 Certificate of Occupancy and Enforcement - - - - 41 ARl'ICLE SIXTEEN: BOARD OF ADJUSTMENT .... .... - .... .... .... .... .... .... - - - - - - - 42 Section 16-100-orgnnization, Rules, Etc. - - .... - .... - - - - - .... - 42 Section 16-200 Specin1 Excoptions and Variances - - - - - - - - 44 Section 16-300 Vote Necessary for Decision of Board of Adjustment 46 Section 16-400 Notice of Public Hearings Before the Board of Adjustment - - .... .... - - - - - .... - .... - - - - - - - 47 Section 16-500 Appeals From the Board of Adjustment - - - - - - 48' ARTICLE SEVEN"TEEN: AMENDMENTS ro THE ZONING ORDINANCE - - .... .... - - .... 49 Section 17-100 ]m~ents -.... - - - - - - - - - .... - - - - - - - 49: ARTICLE EIGh~~l: ENFORCEMENT - - - - - - .... .... .... - - .... - - - - - - - 51 Section 18-10C~1?e-na:rtY-fc)r Violation and Other Remedies - - - - 51 ARTICLE NIrjE:r'EE~i: EFFECTIVE DATE - - .... .... .... - - - - .... - .... - .... - - - - 52 Section 19-JOO Effective Date .... - - .... - .... .... - - - - - .... - .... - - 52 ~ ---=---..."-\ . r.;;-." "--".. .- .,i.....~ . 1 1 1 1 1 1 1 1 2 2 2 2 2 2 9 9 10 10 ao 10 11 11 11 11 11 12 12 13 13 15 15 15 19 20 25 35 35 39 -;...:.~-. ;". ~ --~ ,~-' .-.-'- .~- . 4t Plm ONE TITLE ,AND GENERt.:L PROVISIONS ARTICLE ONE: TITLE SECTION 1-100 Thiel Ordinance shall be known, cited, and referred to as "The City of'La Porte Zoning Ordinance." ARrICLE TWO: INTENT AND PURPOSE SECTION 2-100 The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose ,of promoting health, safety, morals, and the general welfare of the City of La. Porte,. They have been designed to lessen congestion in the streets, to secure safety from fire and panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concen- tration of populat:ion, and to facilitate the adequate provision of trans- portation, water, sewerage, schools, parks, and public facilities. They have been made with reasonable consideration, among other things, for the character of the district, its peculiar suitability for particular uses, and with a view of' conserving the value of building and encouraging the most appropria.te use of land throughout the city. ARTICLE THREE; RULES FOR DEFINITIONS SECTION 3-100 RULE! 3-101 ;3-102 3-103 3-104 3-105 3-106 3-107 For the purpose of this Ordinance, certain words and terms that apply to the Ordinance are defined in Article Definitions. Words used in the present tense shall include the future, words used in the singular number shall include the plural number, and words used in the plural shall include the singular. The word "shall" is mandatory and not discretionary. The word "may" is permissive. The word, "lot" shall include the words "piece", "premises", "tract", and "parcel", and except when specifically stated other- wise, shall mean a "building lot". The word "building" shall include any structure designed or built for the support, enclosure, shelter, or protection of persons or property of any kind. The phrase"used for" shall include the phrases "arranged for", "intended for", "maintained for", and "occupied for". ARTICLE FOUR: INTERPRETATION OF ORDINANCE SECTION 4-100 INTERPRETATION 4-101 4-102 When interpreting and applying the proV1.sl.ons of this Ordinance, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare. Conflict with Other Laws. Wherever these zoning regulations require a. greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left un- occupied, or impose higher standards than are required in any other statute or local ordinance or regulation, the provisions of -1- ~ ~, ~r"":-3 ....... "~:. .~ ~.. ~' .~".'r""-~ ... ., ,It . tr.is Zo:J.ing Ordinance shall govern. Wherever the provisions of aD3 othar statute or local ordinance or regulation require a greater width or size of yards, courts, or~her ope~ spaces, or require a lower heisnt of buildinc or a less number of stores, or require a sreater percentaze of lot to be left unoccupied, or im- poGe oth.er higher standards than arc rcquired by this Zoninz Ordinance, the proviGions of such statute or local ordinance or regulation shall govern. 4-103 If. because of error or omission on the Zoning District Map, any property in the 01 ty of La Porte is not shown and included in a zonine district, such property shall be classified as R-l Residential District until chanced by ncendment. 4-104 No buildinG, structure, or use which was not lawfully existi~ a.t the time of adoption of this O:l'Cinance shall be, becotlc, or be rn.-lde leoal solely by the adoption of this Orclinar.ce. i\RTlc.tE FIVE: SEP.\lMBILITY OF PROVISIONS SECTION 5-100 SEP~&U3ILITY It is hereby declared to be the intention of the Mayor a::d City Commission of the City of La. Porte that the several provisions of this orCin~ce are separ~ble, in accordance with the followir~: 5-101 If any court of cOI:lpetent jurisdiction Ghall judge any provision of this Ordinance to be invalid, such judcment shall not affect ~ othe:r provision of this Ol"dinance not specifically included in said judgment. .5-102 If any court of cocpetent jurisdiction shall judge invalid the application of any provision of ,this O~'dinance to a particular property. building, or other structure, such jUGgment shall not affect the application of said provision to any other property, building,. or structure not specifically included in snid judgcent. ..~1'ICLE SIX: EFFEGT OF THE ORDINANCE SECTION 6-100 EFFECT - 6-101 All buildines erected hereafter, all uses of land or buildinGS established or chan6ed hereafter, and all structural a.lterations, enlarser.wnts, relocations, anli restorations of existi::!{; build- i~G occurriD.c; hereafter shall be subject to the requirements and regul.::.tions of this O~dinance, and no land shall be used for a."lC no builc:lir.e; shall be erected for or convertf)d to Cw::J use other throl provided in the ree;ulatiol1S prescribed for tho district in which it is located, cxcept as hereinafter provided. 6-102 Where a builCing percit for a building or structure has been issued in accordnnce with law prior to the effective date of this O~dinm~cc, and provided that construction is besun within ninety (go) dayc. of such effective date and diligently prosecuted to completion, said bui1dine or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, upon cocpletion, may be occupied under a certificate of occupar.cy by the use for which originally desisnated, subject thereafter to all applicable provisior.s of this Ordi~ce. ARTICLE SEVEN: DEF'INITIONS SECTION 7-100 DEFINITIONS For the purpose of this Ordinance, certain terms ana words arc hereby defined. Wurds used in the preGer:.t tense shall include the future; the sineular number shall include the plural and the plural the singular; the word "buildilll;" shall include the word "structure"; the work "shall" is mandatory and not directive; tru word "lot" includes the word "plot"; the term "used for" includes the ::leaninc "desiened for" or "intended for"'. Said words and terms are as follows: -2- ", . . . .-- 7-10]. 7-102 .7-103 7..104 ,7..105 7..106 7..107 7-108 7-109 7-110 7-111 7-112 7-113 7-114 7-115 . . AccessoJ~ Building or Use. An "accessory building or use" is one whic:h:. (a) is subordinate to and serves a principal building or principal use; and (b) is subordinate in area, extent, or pur- pose to the principal building or principal use served; and (c) contributes to the comfort, convenience, and necessity of occu- pants of. the principal building or principal use served; and (d) is located on the same building lot as the principal building or princ:ipal use served. "Accessory", when used in the text shall hllve the same meaning as accessory use. J.n accessory building may be a part of the principa.l building. Servants quarters, as defined, are an accessory building or use. ,jUley. An "alley" is a. public right of way which affords a sec- ondary means of access to abutting property. Auto Laundry. An "auto laundry" is a building, or portion thereof COiitaining facilities for washing automobiles using pro- duction line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices. Awning. An "awning" is a roof-like cover of a temporary nature that prc.jects from the wall of a building. ApartmeIlt!. An "apartment" is a dwelling unit in an apartment house. Apartmen.t HOUfie. An "apartment house" is a huilding or any portion thereof, which contains three or more dwelling units. Basement. A "basement" or "cellar" is a story wholly or partly (at leas~ 50 per cent) measured from floor to ceiling, below the average level of the ground surrounding the building. J~ basement or cellar is not counted when measuring the height of a building. Block. A "block" is a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right of way, airport boundaries, bulkhead lines (or shore lines) where no bulkhead lines have been established, or corporate boundary lines. Block Face. fa. "block face" is a side of a block facing upon a street, Within which lots face the abutting street. Board. 'J.1he work "board" shall mean. the Board of .~djustment established in section 16 of the Ordinance. Boarding Hous~. A "boarding house" is a building other than a hotel, ml)tel, or apartment house, where for compensation and by pre-arrangement for a definite period, meals or lodging and meals ar'3 provided for three or more persons. Build. ~L'he word "build" means to erect, convert, enlarge, re- construct, or alter 0. building or structure. Buildable Width. The "buildable width" of a building site is the width of the b~i1ding site left to be built upon after the requir- ed side yards are provided. Building.. A "building" is any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind. Building, Detached. A. "detached building" is a building sur- roUnded by yards or open space on the same building lot. -3- .",~ . - .'., . . . 7-116 7-117 7-118 7-119 7-120 7-121 7-122 7-1~ 7-124 7-125 7-126 7-127 7-128 7-129 7-130 7-131 . . Building, Height. "Building height" is the number of stories contained in a building. Building Line. A "building line" is the .rear line of a required front yard which is generally parallel to the street line forming the frout lot line. Building lot. A "building lot" is a single tract of land located within l':l single block which (at the time .or filling for a building permit) is designed by its owner or devel~per as a tract to be used, developed, or built upon as a unit, under single owner- ship or control. It shall front upon a street or approved place. Therefore, a "building lot" may not coincide with a lot of record. 1~ "builc1ing lot" may be subsequently subdivided into two or more "b\.lilding lots" subject to the provisions of this ordinance. Building, Mixed. A "mixed building" is a, build,.i.ng used partly for residential use and partly for community facility an~or commercial use. A mixed building is a commercial use. Buildi~, Principal. ,it "principal building" is a building in which the principal use of the lot, on which it is located, is conducted. i\1l residential uses, except Qona!ide servants quar- ters, are principal uses. Buildi~, Residential. ll. "residential building" is a building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers. Cellar. See basement. City. 1J:1le word "city" shall mean the CitY' of Ia Porte, Texas. City Commission. The words "city commission" shall mean the City Commission of the City of Ie. Porte, Texas. Clinic. A "clinic" is the office of one or more medical doctors who mayor may not have associated in the practice of their professions. Commission. The word "commission" shall m,ean the City Plan- ning andZoning Commission of the City of r.a Porte. Court. A "court" is an open, unoccupied space, bounded on more than two sides by the walls of a building. 11m inner court is a court entirely surrounded by the exterior walls of a building. l\n outer court is a court having one side open to a street, alley, yard, or other permanent open space. Developm.ent, or to Develop. A "development" includes the con- structiol:l of a. new building or any structure on a building lot, th~ relocation of an existing building on another building lot, or the use e)f open land for a new use. To "develop" is to create a development. District.. A "district" is a zoning district which is a part of the City wherein regulations of this ordinance are uniform. Duplex. A "duplex" is a building built for, occupied by, or in- tended for the occupancy of two families. Dwelling.. II. "dwelling" is a building or portion thereof but not a house trailer, designed and used exclusively for residential occupancy, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels, motels, or lodgiug houses. -4- ~,. .' ~. '. . .; < 7-132 7-133 7-134 7-135 7-136 7-137 7-138 7-139 7-140 7-141 7-142 7-143 7-144 7-145 . . Dwel1in,e;, Attached. An "attached dwelling" is one which is joined t:o another dwelling at one or more sides by a part wall or walls. Dwelling, Detached. A "detached dwelling" is one which is en- tirely surrounded by open space on the same building lot. Dwelling} Multiple-Family. building or portion therof three or more families and units. A "multiple-fBJ!lily dwelling" is a constructed for,an~or occupied by containing three or more dwelling Dwelling, Single-Family. .I.... "single-family dwelling" is a building containing only one dwelling unit and occupied by only one family. Dwelling, Two-Family. A "two-family dwelling" is a building con~ini:~ two dwelling units anq/or occupir-d by two f~milies. " . Dwelling Unit. A "dwelling unit" is one or more rooms, which are arran~ designed, used, or intended tQ be used for oc- cupancy by a single family or a group of pe~sons living together as a fam:lly or by a single person. Individ~al bathrooms and complete single kitchen facilities permanently installed are not necessarily provided. Each installation of , kitchen facilities con- sisting of at least a stove or cooking device and a sink shall constitute a separate dwelling unit. Apartment units in apart- ment hotels are dwelling units. Family. A "family" consists of one or more persons, each re- lated'to the other by blood, marriage, or adoption; or a group of not more than five persons (excluding servants) who are living together in a dwelling unit. Filling Station. A "filling station" is any building or premises used for the dispensing, sale, or offering for sale at retail of any autoD~bile fuels or oils. If the dispen~ing, sale, or offer- ing for s:a1e is incidental to a public garage, the premises shall be classified as a public garage. Garage, Private. A "private garage" is an accessory building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory. Garage, PUblic. A "public garage" is a building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor driven vehicles. Health Service. A "health service" is a charitable or govern- ment operated facility offering to the public medical examina- tions, diagnosis, and limited treatment not for profit. Home Occu'pations. A "home occupation" is any occup.1.tion or .activity which is clearly incidental and secondary to the use of the premilses for dwelling purposes and which i,s carried on in the main dwelling unit or in a garage not exceeding two normal car bays. Hospital. A "hospital" is a legally authorized institution in which there are complete facilities for diagnosis, treatment, sur- gery, laboratory, x-ray, and the prolonged car.e of bed patients. Clinics may have some but not all of these facilities. Hotel. A "hotel"'is an establishment offering lodging to the transient public for compensation. A hotel is distinguished from D. moi;el in that access to the majority of the guest rooms is through a common entrance and lobby. A hotel is D. non-res- idential use. -5- .". '. '. '.' a...- " ~' 7-146 7-147 7-'148 7-149 7-150 7-151 7-152 7-153 7-154 7-155 7-156 7-157 7-158 7-159 7-160 . . Hotel, 41.partment. An "apartment hotel" is a hotel in which a majori t" of the dwelling uni ts or guest rooms are occupied by permnnell.t gue!Sts. Dwelling units or guest rooms may include kitchen or cooking facilities. it.n apartment hotel may contain public banquet halls, ballrooms or meeting rooms, restaurants and lounges accessible to the public only through the lobby and having no exterior display. i\n "apartment hotel" is a residential use. Junk or Salvage Yard. A "junk or salvage yardrr is a lot upon which waste or scrap materials are boug4t, ~o+d, exc:=hnnged, stored,packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. .t "junk yard" includes an aU,tomobile wreck- ing yard and automobile parts y~d. A" junk yard" does not in- clude such uses conducted entirely within ~n enclosed building. , , lot Area. The "lot area" is the area of a horizontal plan inter- cepted b:r the vertical projections ot the front, side, and rear lot linel:i of a building lot. Lot Area per Dwelling Unit. "Lot area per dwelling unit" is the lot area required for each dwelling unit located on a building lot. Lot, CorJ~. A "corner lot" ~e a building lot situated at the intersection of two streets, the interior angle of such intersec- tion not exceeding 135 degrees. Lot Dep~. "lot depth" is the mean horizontal distance between the front lot line and the rear lot line of a building lot measured within the lot boundary. lot, Inte~. An. "interior lot" is a building lot other than a corner l:ot. tot Line. A "lot line" is a boundary of a building lot. Lot Line, Front. A "front lot line" is that boundnry of a build- ing lot which is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided ndjacent and opposite, respectively to the front lot line. Iot Line,~. A "side lot line" is ;my boundary of a building lot which is not a front lot line or a rear lot line. Iot Line,~. The "rear lot line" is that boundary of a building lot which is most distant from and is, or is most near- ly, parallel to the front lot line. Iot of Record. A "lot of record" is an area of lnnd designated as a lot ~ plat of a subdivision recorded persuant to statutes of the State of Texas with the CO\Ulty Clerk (of the County of Harris, T(-)xas) or an area of land held in single ownership des- cribed by metes and bounds upon a deed recorded or registered with the County Clerk. Iot, Reverse Corner. A "reverse corner lot" is a corner lot, rear lot line of the street which abuts the side lot line of the lot to it!:1 rear. Lot, Throu~. Ii. "through lot" is a building lot not a corner lot, both the 1ront and rear lot lines of which adjoin street lines. On a "through lot" both street lines shall be deemed front lot lines. Iot Width. The "lot width" is the minimum distance measured in a straight line between the side lot lines of a building lot along a straight line, which shall be on the side of the building -6- "I~. . . e. .' 7-161 7-162 7-16, 7-164 7-165 7-166 7-167 7-168 7-169 7-170 7-171 . .' . line opposite from the front lot line and one which must touch the building line at one point. Marquee l)r. Canop~. IL "marquee" or "canopy" is a rooflike structure of a permanent nature which projects from the wall of a building and overhangs a public way. Motel, Motor Hotel, or Tourist Court. ""motel", "motor hotel", or "tourist court" is an establishment offering to the transient public the use of guest rooms or sleeping accommo- dations for compensation. Such an establishment consists of a group of attached or detached guest rooms or sleeping accom- modations the majority of which have private and direct access from parking areas not through a common entrance and lobby. The establishment furnishes customary hotel services ~d may contain at club, lounge, banquet hall, and/or meeting :rooms. A motel i.s a non-residential use. Motor Freight Terminal. A "motor freight terminal" is a building or area in which freight brought by motor truck is assembled, and/or stored for shipping in interstate and intra- state commerce by motor truck. A motor-freight terminal is a truck terminal. Nonconforming Use - A "nonconforming use" is any building or land lawfully occupied by a use at the time of the adoption of this ordinance or amendments thereto, not permitted by the use regulations, lot requirements, or other regulations of this ordi- nance, of the district in Which it is situated_ Noxious Matter. "Noxious matter" is material which is capable of causi~~ injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans. Open SpacE~. "Open space" is that part of a building lot, includ- ing courts or yards, which: (a) Is ollen md unobstructed from its lowest level to the sky, (b) Is accessible to all residents upon a building lot, and (c) Is not part of the roof of that portion of the building con- taining dwelling units. Open StoraE_ "Open storage" is the storage of o.:n.y equipment, machinery, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use which is visible from any point on the building lot line when viewed from ground level to six feet above ground level. Parking Spa~. A "parking space" is a surfaced area, enclosed or un-enclosed sufficient in size to store one automobile to- gether wi th a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress of an auto- mobile. ..;. "parking space" shall not occupy any public land. Public ParJ2!.. A "public park" is any publicly owned park, Playground, beach, parkway, or roadway wi thin the jurisdiction and control of the City. Rest Home ()r Nursing Home. A "rest home" or "nursing home" is a privai:e home for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders. Such homes do not contain facilities for surgical care or the treat- ment of disease or injury. Screenin~ Device. A "screening device" shall consist of a bar- rier of stone, 'brick, pierced brick or block, uniformly colored -7- "." . . e .' ... 7-172 7-173 7-174 7-175 7-176 7-177 7-178 7-179 7-180 7-181 7-182 7-183 7-184 . . wood, or 'other permanent material of equal character, density, and acceptable design, at least six (6) feet in height, where the solid area equals at least sixty-five (65) per cent of the wall surface, including an entrance gate or gates. Such screening device shall be continuously maintained. Servant's Quarters. A "servant's quarters" is an accessory building or portion of a main building located on the same lot as the principal building, occupied only by such persons and their families as are employed full time by the occupants,of the principal residence,. !!,e. A "sign" is ri. name, identification, description, display, or illustration which is affixed to, or represented directly or indirectJ~ upon a building, structure, or piece of land ~d which directs attention to an object, product, place, ac~ivity, institu- tion, or business. A "sign" is not a display of official court or public office notices nor is it a flag, emblem, or ,insignia. of a nation, political unit, school, or religious group. A "si~" shall not include a sign located completely within an enclosed building. Sign, Advertising. 1m "advertising sign" is a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed. Sign, Bus:iness~ A. "business sign" is a sign which directs atten- tion to a business or profession conducted, or to a commodity, service, or entertainment sold or offered upon the premises. Sign, Flashing. A "flashing sign" is any illuninated sign on which the artificial light is not maintained stationarily, or in constant :Lntensity or color at all times when such sign is in use. For the purpose of this ordinance, any revolving illuminated sign shall be considered a flashing sign. Sign, Illuminated. An "illuminated sign" is any sign designed to give forth any artificial light, or designed to reflect light from one or more sources, natural or artificial.. Single Family Home. '. A "single family home" is a building built, occupied, or intended for the use of one family. StoI7. A "story is that part of 0. building between the surface of a floOI' and the ceiling immediately above. Street. If. "street" is a public right of Vlay which affords a primary me!ans of access to abutting property. Ii. driveway or alley which serves only to give secondary vehicular access to a building l.ot or to an accessory parking or loading facility, or to allow vehicles to take or discharge passengers at the entrance to a building' shall not be considered a street. Street Line. i\. "street line" is the right of way line of 0. street. Toxic Materials. . "Toxic materials" are 'lhose materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts. Townhouse. A "townhouse" is a row of single-family attached dwelling units which constitute an architectural whole. Trailer~. A "trailer camp" is any premises on which one or more house trailers are parked or situated and used for living or sleeping purposes, or any premises used or hel~ out for the purpose of supplying to the public a parking space for one or more house trailers whether such vehicles stand on wheels or rigid suppc:>rts. -8- ...... . . l- . . 7-185 7-186 7-187 7-188 7-189 7-190 7-191 7-192 7-193 . . Trailer 1!;.Juse. ~~ "trailer house" is a vehicle used for living or sleeping purposes and standinG on wheels or on rigid supports, but which when properly equipped and situated can be towed be- hind a cator vehicle. Use. Tho "use" of property is the purpose or activity for which the lau~t or buildinc thereon is eesiG~ed, arr~~ed, or i~tended, or for which it is occupied or ooint=.i=.ed, :md shall include ar.J 1:k."U"';~er of such ac ti vi ty wi th respec t to the s ta.i.~cls of this Ol~di%l.'1r.c e . Use, Princip:ll. i. "principal use" is the c:lin use of l~~ or bUildins:; as distinGuished froa a suborclir..:::.te or accessory use. Visu:U Sc:reen. .~ "vislW.l scree!:" is a wall, not of livinc; plant oaterial~;-pcrt1.:'.l'l.er..tlJ' affixed to the ground in which the ~rea of all openi~~s a.'1c. cracks i~ each square foot of wall and entr~ce sntes s..lmll r..ot exceed 14 square inches, anJ the wall is of suf- ficient heiGht so th:l.t the objects oeiDS screened .:u'e not visible fro~ ar~ point on the lot line when viewed froc any height be- tween srour.d level lll'l.d 7 feet above ground level. No wall shall e;lCceed leI feet i:-:. heicht. Yard. A "ynrd" is al'l. open space Ol-: tho s~e bUildinG lot with a bUiICin~, unoccupied and unobstructed by al~Y portion of ~ struc- ture fro;;~ the Grouncl upVl~rd, except as otherwise provided. In tlellsurir.g ~ yard for the purpose of deter::ti.ti.i(; the width of a side y~dt the ~epth of ~ re:u- y=.rcl, and the depth of 0. front y:trd, the ::ti.l".ir.lU;".l horizol~t~l disUlnce betwee:: t.'1e buildir..o site and the lot li:1e sl'l.~ll be used. J... "yare" extends a.lO:16 a lot lir.e ~nd at ri~ht O,nf;les to such lot line to a depth of width specifiec in the y~d regul~tior..s of the zoninc district in which such buildinc lot is located. Yard, Frc~. .'1. "front yard" is ~ yard extendir..o aloDQ the whole lencth of the front lot line between the side lot lines, ~~d beinc the cini~uc horizont~l distance between the street line aid the ~~in building or ~ projectiol~ ~lereof other than steps ~~d un- er-closed porches. Ynrd, Ro:l!.. ,A "renI" ym-d" is a yard extendinr; across tIle rear of a lot between the side lot lines and beina the ciniCur.l hori- zontal distnnce between the rear lot line aiid the renr of the principal, building vr any projections thereof otl'ler thnn steps, unenclosed balcor-iee or unenclosed porches. Ynrd, Side. A "side ynrd" ie 1l yard extell\linr; alonz the side lot lin~ froe the front y~rd to the recr yard, bei~ the oini~uo llorizontal distance between n."".y buildihB or projections tlloreof except steps ar.~ the side lot line., Zoni::s District ~"1.p. The "zonin~ district .:lap" is the cap or flapS incorporated into this Ordinance as ~ part hereof by rof- erOl'lCe thereto. ;JlTICLE EIGHT: DISTRICTS ARE ESTABLISHED SECTION 8-100 EST:.BLISHMENT OF DISTRICTS ;.ND BOUNDf\RIES 8-101 For the purposes of this Ordinnnce, the City is hereby divided into four (4) districts as follows: District ,R-l Si~61e F1lr.lily Swelli~ and Duplex R~sicential District District R-2 Sir~le Fa:Jily D\velli~~ anc Duplex Residential District District (l Apart~ent and CO~JlJercial District District I Incustri:ll -9- 8-102 - . . The location and boundaries of the districts herein established are sho,m upon the Official Zoning Map, which is hereby incorp- orated into this Ordinance. S,aid Zoning Map, together with all notntiol1s, references, and other information shown thereon and all amendments thereto, shall be as much a part of this Ordinanc:e as if fully set forth and described herein. Said Zoning Map, properly attested, is on file in the office of the City Clurk. ARTICLE NINE: DETERMINATION OF DISTRICT BOUNDARIES SECTION 9-100 RULES FOR THE INTERPRETATION OF DISTRICT BOUNDARIES Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply: 9-101 9-102 . 9-103 9-104 9-lq? 9-106 tit' 9-107 Where di.strict boundaries are indicated as approximately follow- ing the center lines of streets or highways, street lines or high- way right-of-way lines, such center lines, street lines, or high- way right-of-way lines shall be construed to be said boundaries. Where district boundaries are so indicated that they approxi- mately follow the lot lines, such lot lines shall be construed to be said boundaries. Where district boundaries are so indicated that they are approxi- mately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale on said Zoning Map. In unsubdivided property, the district boundary lines on the Zoning Map shall be determined by use of the scale appearing on the map. In the case of a district boundary line dividing a property into two (2) parts the district boundary lines shall be construed to be the property line nearest the district boundary line as shown. Whenever any street, alley, or other public way is vacated by official action of the City Commission, the zoning district ad- joining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be sub- ject to all regulations of the extended districts. Where the streets or alleys on the ground differ from the streets or alleys as shown on the Zoning Map, the streets or alleys on the ground shall control. ARTICLE TEN: GENEj~ PROVISIONS SECTION 10-100 ZONING OF NEWLY ANNEXED LAND 10-101 . 10-102 All territory annexed hereafter to the City of La Fbrte shall be temporar:ny classified as "R-l" Single Family and Duplex Resi- dential District, only Unti~...permanently zoned by the La Porte City Commission. Immediately after the annexation of any ter- ritory tC) the City of La Porte, the City Clerk shall commence any action nE~cessary to the City Planning and Zoning Commission to recommend a permanent zoning classification. The procedure for making pE~rmanent such classification shall be the same as is pro- vided by law for the adoption of the original zoning regulations. In an arEla temporarily classified as "R-l" Single Family and Duplex Residential District, a zoning permit may be issued for the con- -10- . . . ". . . structic>n of structures or uses permitted in Section 13-200, Single Family District Regulations, or other structures or uses, provided an application for such structure or use be made to the City Clerk, who shall in turn refer such application to the City Planning and Zoning Commission for consideration and recom- mendaticm to City Commission. SECTION 10-200 ZONING OF VACATED, STREETS AND ALLEYS Whenever a street or alley that formed a district boundary is vacated by the City Commission, adjacent districts shall extend to the center line of the street or alley vacated. SECTION 10"'300 CORNER IDTS, ~RSE On a reverse corner lot in any district, the rear line of which abuts a lot zoned or designated for residential purposes, no structure or portion thereof shall be located within five (5) feet of any part of said rear lot line. Further, any portion of a structure which is located within fifteen (15) feet of such rear lot line shall observe the same yard requirements on its side street side as are specified by this Ordinance for the lot which it abuts to its rear. SECTION 1O-ltOO SPF,CIAL RULE FOR DOUBLE FRONTAGE LOTS Double Frontage lots shall provide the required front yard on both streets, except where it is intended to back a structure upon a major thououghfare; in such case, the required rear yard shall be a minimum of twenty (20) feet and shall not be occupied by an accessory structure. ' SECTION 10-500 PRINCIPAL AND ACCESSORY BUILDINGS AND USF,S 10-501 illl residential uses and buildings" except servants' quarters, garage apartments, and guest houses, as defined, are principal uses and buildings. 10-502 Accesso~1 buildings, except servants' quarters, guest houses, and gar~ge apartments located in districts where permitted, shall not be used for dwelling purposes. 10-503 In addition to those uses listed as accessory uses in the various district regulations, the following are also accessory uses to appropril:1te principal uses: (1) Storage of goods used or produced by manufacturing activ-.. ities upon the building lot occupied by such activities, unll9SS such storage is prohibited by the district regulations. (2) The production, processing, cleaning, servicing, altering, .testing, repairing, or storing of merchandise normally inc:Ldental to a retail service or business use if conducted by the same ownership as the principal use. (3) Off.-street motor vehicle parking areas and loading facili- tief3 for the exclusive use of the owners, customers, clients, and employees of the principal use. (4) Boml) and fall-out shelters. 10-504 Conformance with Regulations. All accessory uses shall conform to the rE~gu1ations, including performance standards, if any for the custrict in which they are located. SECTION 10-600 PEmUTTED OBSTRUCTIONS IN REQUIRED YARDS AND OPEN SPACE The following shall not be considered to be obstructions when located" in the required yaI'ds or open space specified: 10-~1 In Jill Required Yards and Open Space. Open terraces not over four (4) feet above the average level of the adjoining ground but not inclttding a permanently roofed-over terrace or porch; awnings and canoilies; steps four (4) feet or less above grade which are necess~. to provide access to a permitted building or for access -11-- ~" .. 10-602 10-603 . 10-604 . " . to a building lot from a street or alley; chimneys projecting twenty-four (24) inches or loss into the yard, but not occupying more than two (2) per cent of the required yard area; recre- ational and laundry drying equipment; flag poles; and fences and nonstructural walls not over six (6) feet in height. In no case shall a fence or wall or other screening device be of a height or located so as to cause danger to traffic by obstruct- ing the view. No portion of a bomb or fall-out shelter shall extend more than throe (3) feet above tho surrounding ground level; this requirement shall not apply to necessary ventilation or temperature control devices and antennae. In Front Yards. One-story bay windows, balconies, and over- hanging caves or gutters, none of which shall project core than four (4) feet into the required yards. In Side Yards. Overhanging eaves or gutters projecting three (3) feet or less into the required yards, but in no case shall eaves or gutters be closer than one (1) foot to the side lot line; and enclosed, attached, or detached off-street parking structures when accessory to apartment projects. In Rear Yards. Enclosed, attached, or detached off-street park- ing structures; open off-street parking spaces; servants' quarters; accessory sheds, tool rooms, and similar buildings or structures for domestic or agricultural storage; balconies; breezeways and open porches; one-story bay windows; and overhanging eaves or gutters. i~TICLE ELEVEN: NONCONFORMING USES SECTION 11-100 NONCONFORMING USES ARE REGUL.iTED 11-101 11-102 . 11-103 .' ~ nonconforming use is a use which was lawfully established and maintained at the time of the pnssage of this Ordinance but which, because of the application of this Zoning Ordinance to it, no longer conforms to the use regulations of the Zoning District in which it is located as defined by this Ordinance. A nonconforming build:Lng or a nonconforming portion of a building shall be deemed to constitute a nonconforming use of the land upon which it is located. The use of a lot of record which is nonconforr.1i.ng because of size shall be regulated by Subsection 9-104. Nonconforming uses are regulated as follows: (1) They may be continued. (2) They may be expanded or structurally altered, as hereinafter provided, unless located in District "R-l" Single Family and Duplex Residential District. A nonconforming use in District "R-l" Single Family and Duplex Residential District, which is a permitted use in District "c" or a nonconforr.ti.ng use in District "c" which oth.erwise is a lawfully established use, may be enlarged or changed by horizontal expansion upon but not beyond the tract or lot of record upon which located as elf the date such a use becomes nonconforming; and any enlarge- ment or eXpansion shall not encroach upon any open space upon such lot that would be required as a yard if the use were a conforming use in the district in which located. (3) ~hey shall not be enlarged or expanded vertically except fbr the addition of cooling, heating, exhaust, ventilating appurtenances or facilities. (4) If a nonconforming use or structure is damaged or destroyed t.o an extent of more than sixty (60) per cent of its fair -12- ". . . e- '.' " ,0 11-104 11-105 11-106 11-107 . . ma:rket value by fire, explosion, act of God, or the public enl3my, then any restora.tion or new construction shall be for a permitted or conforming use, except that if the lot upon which such damaged or destroyed nonconforming use was loc::ated is adjacent on both side lot lines to lots each occ::upied by a nonconforming use at the time a building permit is requested for restoration or new construction, them such zoning permit may be granted, provided that there shall be no open storage upon the premises, that there is compliance with the yard requirements for permitted uses in the district in which the use is to be located. (5) ThE! computing of the percentage of damage or destruction to a nonconforming use composed of a group of individual stz'uctures which are principal buildings shall be based on thE! fair market value of the entire development comprising the group and not the individual structure. A nonconforming use may be changed to another use of the same or a more restrictive district subject to the other regulations of this Ordinance. If a nonconforming use is changed to a use per- mitted in a more restrictive district or to a conforming use, it shall not be changed back to a use of the origtnal less restrictive district. If a nonconforming use of any structure or premises is discon- tinued for a period of one (1) year, the use of the same shall thereafter conform to the requirements of the district in which it is located. The Board of Adjustment shall have the power to grant an extension not to exceed six (6) calendar months when warranted to evidence presented. Special uses (Article Sixteen) existing in a permitted district at the t:lme of adoption of this Ordinance may expand without a special permit upon the lot of record upon which it is located. No accessory use shall be construed to permit the keeping of articles, goods, or materials in the open or exposed to the pub- lic view.. When necessary to store or keep such materials in the open~ the storage area shall be enclosed by a solid fence at least siJ~ (6) feet in height. ARTICLE TWELVE: COMPLIANCE SECTION 12-100 OOMPLIltNCE WITH THE REGULATIONS Except as hereinafter provided: 12-101 12-102 12-103 12-104 12-105 No land shall be used except for a purpose permitted in the dis- trict in which it is located. No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered, nor shall any building be used except for a use permitted in the district in which such building is located. No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit herein established for the district in which such building is located. No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area regu- lations of the district in which such building is located. No building shall be erected, or structurally altered to the extent specifically provided hereinafter except in conformity with the off-stree"c parking and loading regulations of the district in which such building is located. -13- ."i=- '. . . . .. 12-106 12-107 . . The minimum yards, parking spaces, and open spaces, including lot area, per family, required by this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this Ordinance, for the district in which such lot is located. Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and, except as hereinafter provided, there shall not be more than one DIllin building on one lot. -14- .... . . e . ~- . . PART TWO DISTRICT REGULATIONS ARTICLE THIRTEEN: ZONING DISTRICT REGULATIONS SECTION 13-100 GENERAL REQUIREMENTS AND PROVISIONS 13-101 13-102 13-103 The regulations applyiile; specifically to use, buildiI1[;s, bulk, and premises within residential and commercial zonin~ districts are set forth in this A:...ticle. Also applying to e=.ch zoniD,f; dis- trict arE! the reeulations set forth in all other rezulatory and definitive articles and sections of this Ordinance. All buildings erected hereafter, all uses of land or buildings establislled or changed hereafter, all structural alterations, enlare;emc!Ilts. relocatiol"ls of existing buildi:'lr.;s occUl'rino here- after, shall, in addition to the other ree;ulatio~~ of this Ordi- nance, comply with the reGulations of the zonin~ district in which loc=.ted, except in compliance with Subsection 6-102 of this O~'di.lUUlce. A lot of record, which, on the effective date of this Or'dinance, has an area or width less than hereinrequired, may be used for single-family dwelling or 0. permitted nonresidential use, un- less the adjacent property is underfue same ovmership and could be replatted to make conformity possible. S~TION 13-200 "R-l" SINGLE-FAMILY DWELLING J\ND DUPLEX DISTRICT REGULATIONS 13-201 Use Regulations: In "R-l" Single-Family Dwelling and Duplex District no-i:Ud shall be used and no building sholl be erected for or converted to any use other than: (1) f. Si.nc;le-Family Residence. (2) Duplexes. (3) Churches, rectories, parish houses, and convents in con- junction with schools. (4) Public parks and public playe;rounds =.nd nonoommercial athletic fields. (40) Public, private, or denominational schools having a curriculum equivalent to a public elementary or secondary school, by special permit. (5) Golf Course, but not includine miniature golf course, driving range, or any forms of commercial amusement. (6) Community club facilities when organized for use of a JA~rticular residential development. (7) Fire Stations. (8) Accessory buildinBs, includinu " private garnge, bona fide servants' quarters not for rent but for the use of servants employed on the premises, when detached from the main building and loc~ted not less than seventy-five (75) feet from the front lot line, and not less than five (5) feet from any side property line. When tho accessory building is dire.ctly attached to the main building by a breezeway, it shall be considered an integrc.l part of the main building. The bro~zowuy may be considered a part of tho accessory buildins. When the breezeway extends into the required roar yard, it, together with the main building and all other uccessory buildi.nr; ox' ~11:i.l(l; >1"'."-':. mn.v occupy not moro th~"l one-third (1/3) of tho entire YL,rd. -15- - . "', . (9) Telephon~ exchange facilities, without business offices, storage, or maintenance facilities, except as provided for in Article 1011 (i) of the Revised Civil Statutes of Texas. (10) Railroad rights of way and tracks; bridBes, signals, and other ruilroud appurtenances except railroad y~ds, clas- sification tracts, team tracks, storage yards, passenger stations, freight stations, fuelinz facilities, fuel oil tanks, roundhouses. repair shops, offices, and tie treatment :facilities. (11) lnectrical facilities and electricul enerGY facilities; . transformers; relay and substations; poles and wires; natural ~as handline and rec:ulati~ stations; and private, public utility, and common pipelines subject to the approval required under other ordinances; except office buildines~ f;torage facilities, repair and maintenance facilities, and (~enera tine facili ties. . (12) ~~emporary buildi118s to be used for construction purposes only and which shall be removed upon completion or abnn- cwnment of construction work. Field offices for the sale elf real cst=.te which shall be reJ:lOved upon request of the Huildinz Inspector. (13) ]nrms, truck zardens, orchards, and nurseries for the growing of plants, shrubs, and trees, providcd no retail or wholcsale business salcs office is maintained on tho premises and provided furthcr that no poultry or livcstock other than normal household pets shall be housed fdthin one hundred (:00) feet of any property lines. (14) Private boat docks and boathouses. . (15) Bulletin Boards and signs, illuminated or otherwise, but not of the flashing or intermittent type, for churchos and schools, but not exceeding twelve (12) square feet in area when attached to the building or when crected in the front yard behind a building line. Tcmporary signs pertaining to the sale or rontal of property and not exceeding twelve (12) square feet in area are permitted behind the building- linc, but shall be removed by the ~ent or ovmers immedi- ately upon the sale or rental of the premises; providcd, however, that no uigns advertising the sale or lease of any precises shall advertise the premises for a purpose for which it is not legally zoned. One larger sign announcing or describing a legally approved subdivision or dovelop- cent may be temporarily erectcd on each approved plat or dcvelopccnt; provided, however, that such sign shall not exceed two hundred (200) square feet in areaj provided, however, that the location of such sign be approved by the Building Inspector; that it shall be placed so as not to interfere with the occupancy or use of any lots in the subdivision and that it shall be removed upon thc completion of sale of eighty-five (85) per cent of the lots or dwellings in the subdivision. (16) Such uses ns may be permitted by Article Sixteen Special Permits. (17) Homc occupations, as defined in Article Sevon, Dofinitions, including only the followine limited uses and subjcct to the Sl?ecial cOilditions listod in Itec B of this subsection. . -16- "'i . . . :.-, .. " 13-202 . . A. Uses. (a) Art and craft products. (b) Baking of specialized products. (c) Barber and beauty service. (d) Gunsmitheries. (e) Instruction of individual pupils in music, arts, and crafts. (f) Lamp and lamp shade making. (g) Photography. (h) Sewing, dressmaking, millinery, and drapery fabrication. (i) . Shoe repairing. (j) Sign and display production, but not of an electrical nature or with more than fifty (50) square feet in area on any side. (k) Occupations and professions such as those of accountants, appraisers, architects, engi- neers, geologists, geophysicists, attorneys, doctors, dentists, or salesmen. (1) Repair of radios, television, small appli- ances, instruments, furniture, or small machinery and equipment, but not automobiles, trucks, or motorcycles. (m) J~ use similar to the abovementioned uses and compatible with residential use in this district. B. Special Conditions. (0.) Only one employee, not of the resident family, shall be permitted. (b) There shall be no advertising other than one nonilluminated identification sign of not more than three (3) square feet in area, which sign shall be attached flatwise to the building. (c) There shall be no other display or unen- closed storage of materials or equipment or other exterior indication of the home occupation which detracts from the residential character or appearance of the building. (d) Such home occupation shall not generate offen- sive noise, vibration, smoke, particulate matter, odorous matter, heat, or glare. (e) Any home occupation involving products as menti- oned above shall be limited to custom production, repairing, or servicing. Specification: there shall be (1,050) square (1,050) square In "R-l" Single-Family Dwelling and Duplex District a living area of not less than one thousand fifty feet; duplexes, not less than one thousand fifty feet per dwelling unit. -17- ') 13-203 . 13-204 .. ...., - 13-205 . .' .: . Height Regulations: No building shall exceed two (2) standard stori(~s in heicht. Area l~~la tions : (1) l~ront Yard: There shall be a front yard haviDG a. minimum depth of t\'1enty-five (25) feet. (2) Side Yard: The minimum side yard shall be five (5) feet or ten per cent of the lot, whichever is ere~tor; however, lots less than fifty (50) feet in width sho.ll provide a minimum side ya.rd of three (3) feet, except tlLat on corner lots, the side yard on the side street side shall be a rninicum of five (5) feet. An accessory buildinc in a. rear yard sha.ll not be closer than three (3) feet to a. sido lot l.ine. (3) Rear Yard: All buildil18s shall be not less thc.n twenty- five (25) fect from the rear property line, except that a deto.ched accessory building may come within threc (3) feet from the rear property line. (4) t\rea of the Lot: iUl .buildine plots in this district slLall contain not less than six thousand (6,000) square feet, subject to the provisions of Section 13-103. (5) BuildiI18s on the tot: The buildings or buildil18 on ~ o:ne (l) lot must not exceed more than one-third (~3) of the entire lot area. Other :Regulations: (1) Parking Space: Off-street parking space shall be provided on the lot to accommodate one (1) motor car for ea.ch dwelling unit; however, no supporting member of any gllrnge, car port, or other a.utomobile storage structure sho.ll be located within the required front yard. (2) Mc)ving Perr.n ts: No building may be moved into an "R" Single-Fa.mily and Duplex Dwelling District unless it c()mplies with 0.11 regulations in the District. (3) Fonces: Front yard fences will not be permitted, side or back yard fences will be permitted; providing, however, that they are constructed of wood or of galvanized chain link, and providing, tha.t height does not exceed six (6) fE~et . (4) NCI trailers or inoperable vehicles of any type may be pZ:lrked or stored in the front yard of "R-l" Single-Family and Duplex Dwelling District. -18- '. . '. . -- ~ .P--::,.' s.,. . . SECTION 13-300 "R-2" SINGLE-FAMILY DWELLING i;ND DUPLEX DISTRICT REGUIu"TIONS 13-301 13-302 13-303 13-304 13-305 Use :He~ulations: In "R-2" Sine;le-Family Dwellinr; nnd Duplex ~~no land shall be used und no buildi~ shall be erectod for or converted to m~ use other than: (1) J'Jry use permitted in the "R-l" Sinele-F=:.mily Dwelling =.nd Duplex District regulations. (2) Such uses as c~~ be permitted in Articlo Fifteen: Spoci:ll Pormits. Specification: In "R-2" Siogle-FaJ:Iily Dwelli~ and Duplex District there shall be a living area of not less than eioht hundl'ed fifty square feet (850); duplcxes not less than ei~ht hundl'cd fifty (850) square feet per dwelling unit. Hcic;ht Rer;ulations: No building shall exceed two (2) standard stories in heieht. ~ Re{;ulations: The area re~ulutions shall be the s;;u:Je as "R-l" Sinc;le-Facily Dwellinc; and Duplex District Reeulations. Other Rebulations: The other ree;ulations shall be the sarno as TIR=:D' Single-Family Dwelling and Duplex District Regul. tions "Oth(~r Re6ulaticns." Section 13-205. -19- -"" . . S~CTION 13-400 "C~ AP/.RTMENT i\ND COMMERCIAL DISTRICT - 13-301 '.J .. . .. ~e Resul,ations: In the "c" .\partment and Commercial District, .no land shall be used and no buildinc shall be ercctod for or converted to any other use than: (1) "illy use permitted in the "R-2" District. (2) .:.nti.que. and gift shops. (3) ~partmcnts, apartment hotels, hotels. motels, and motor lode;os, tovnl houses, row houses, and patio houses. (4) hrt and crafts, pottery, ceramics, and ornaocntal ceme:'lt products. (5) Auction rooms. (6) Automobile, motorcycle or trailor display, salos and rental, includiog the sale of small trucks whon the sale of such trucks is not tho principal activity. (7) Automobile laundries. (8) ~utomobile zasoline service stations, includine sorvices cust.omarily incidcntal thoreto. (9) Automobile 6lass, tire, muffler, and seat cover sales and installation. (10) Automobile parking lots and purkine earnecs. (11) Automobile trailer dealerships. for examplc, II U-Haul " I only whon in conjunction with an automobile gasoline service station as an accessory use. (12) Bakeries, confectionery and candy rctail sales, with manufacturing and processinc permitted as an accessory use. '" (l3) Battery rebuildinc;, but not includino reclaiminc; or s~lva- gi~ operatiQns. (14) Blue prints and printins shops. (15) Bottlinr; works. (16) Buwlino alleys. (17) Buildin6 material storace yard, provided such facilities shall be enclosod by a screeninG device as defincd in Scction 7-171. (18) Business or commercial school. (19) Carpentry, paintinc;, plumbinc; or tinscithin6 shop. (20) Cletl.r.inc and dyoing plunts, law::.dry. (21) Creamery, ice creac manufacturinc; and d~iry operatio~~. (22) DanciD8 or music studios. (22a)Day Nursery. (23) Di'apcry fabrication. (24) Dru6 Stores, and Pharmacies. (25) Ensrnvill6 - steel, copper and photo. (26) Farm implomcnt display und sales rooc. -20- . . .. .. (27) FlOI~st shops or greenhouses. (28) FL02icn food lockers, not including the proccssinz of food except cutti~ and wrappinc. (29) Gunsmitheries. (30) Hardware sales. (31) Ice Planto. (32) Jewelry and prccision instrument manufacture, and lens {!;rin.dinz. (32a)Kinder~artens. (33) Laboratories, medical and dental. (34) Lamp and lampshude makinz when conducted on a custom in- dividual unit basis. (35) Launderettes, and self-service la\ll~dries. (36) Lincn, towel. diapor and similar supply services. . (37) Liquor, beer and wino retail sales. (38) Lour~es, taverns and private clubs. (39) Meeting and assembly ha.lls. (40) Milk diotributing stations. (41) l~r~)r plating and ~lass cutting. (42) ~{.;;rtllarios, funeral homes, and undertald~ establish- ments. (43) Motor vehicle cervice shops for commerci~l and passoneer vchiclos, includin; body rcpair, painting and engine rebuild- ing as principal activitics. (44) Museums. . (45) Newstands and book and stationcry stores. (46) NewoIlaper and magazine publis~inG. (47) Nursery stock and garden ornament sales. (47a)Nurscry schools. (48) Offices and office buildings. (49) Parcel delivery stations. (50) Personal service uses, including barber shops, beauty parlors, artist studios. messengers, taxicabs,' tele- graphic scrvices, dry cleaning and pressing, dress- makinG, tailorine, shoe rcpairi~, repair of household nppliancos and bicycles, catering, and other pcrsonal service uocs of a similar character. (51) Pet ahops, rctail. . (52) Phot06raphers, portrait or camera shops, photo finishinc, m:d picturo framing. (53) Physical culture and health scrvices, gymnasiums and rcduc.inc; salon. i54) Radio or television broadcastinG station or studio. -21- ". . 13-403 13-404 '. . .. . 13-405 , . Heigh.~ Reeula tions : None. J\rea Reeulations: (1) Front Yard: For a single-family dwelling, two-family dwelling, or multiple-family dwellillB use, there shall be a front yc.rd lulvine a minimum depth of roOt less than twenty-five (25) feet. Where lots have double frontaze, running through from one street to another, the required front yard shall be provided on both streetc. (2) Side Yard: No side yard shall be required for a retail use, except on a corner lot, a side yard of ten (10) feet shall be required Oil the side street, for a single- family dwellil~, two-family dwelling, or multiple-family mvelling use, a sido yard shall be required on each side of the lot at a minimurn depth of ten (10) feet or ton (10%) per cent of the averaee width of the lot, w~ich- ever is smaller) but a side yard shall not be less than five (5) feet. No side yard shall be required where the "C" District is separated from a residential district by an alley. (3)- Rear Yard: Where a lot or any portion of a lot is used f~r single-fanily, two-far.1ily, or multiple family dwcll- inC use, there shall be a rear yard equal to twenty (20%) per cent of the depth of the lot. (4) Area of the Lot: Except as hereinafter provided all dwelling hereinafter erected, enlarged, relucated, re- c:onstructed, or converted, shall be located upon lots c.ontaininc; the followi~ areas: (a) A lot on which there is erected a si~le-family dwelli~ shall contain not less than six thousand (6,000) square feet. (b) A lot on which therc is erected or converted a two- family dwelliIlfj shall contain an area of not less than three thousand (3,000) square feet per family. (c) A lot on which there is erected or converted a multiple-family dwelling shall contain an arc a of not less than one thousand two hundred (1,200) square feet per family, however, any lot on wluch 0. multiple-fanily dwelli~ is erected shall contain a minimum of six thousand (6,000) square feet. (5) Width of wt: The minimum width of the lot shall be fifty (50) feet for sinsle-family, two-family or multiple- family use. Other uses ~ay have less than fifty (50) feet of width. (6) P.:lrking Space: Residences - one off-street parkine space per dwelli~. Apartments - two off-street parking spaces per dwelline unit. Offices - Off-street parking space shall be provided on the lot to accommodate a minicum of one space for oach two hundred (200) square feet of floor area. Other Use: I~ required in .\rticle 14, Parking Regulations. Other Re~ulations: (1) Rc~tail, office, and service buildines shall provide and maintain off-street facilities for the loadinc and un- loadiDc of merchandisc and Goods as required in Article 14, Parking Regulations. -23- tit ~'.-. . . 13-402 . . (55) Eailroad and public transit facilities other than round- houses, tie treatment, or classification yards, and rail- road or transit vehicle repair shops. (56) Bcntal shops, except that there shall be no rental of heavy trucks or heavy construction oquipment in connection there- with. (57) Restaurants, cafeterias, and drive-in restaurants; provided, that no drive-in restaurant shall be located closer than one hundred (100) feet to 'any residential district boundary. (58) Retail food outlets, and supermarkets. (59) ~lbber stacp r.lanufacturing. (60) Sign painting and fabricating shops. (61) Signs (advertising) used in connection with and on the same lot as the business establishments to which they refer, except that they shall not be placod within any requireq yard not within twenty-five (25) feet of any residential district boundary. (62) Testing and technical laboratories. (63) Theaters, but not drive-in theaters. (64) Ti.re recapping and retreading. (65) Trailer or mobile home sales area. (66) Upholstering shop, not involving furniture tUUlufacturing. (67) Variety stores. (68) Veterinarian or animal hospital provided that no such building, kennel or exercise runway shall be closer than fifty (50) feet to ~ residential district boundary. (69) We~ring apparel outlets. (70) WhcJlesale establishcents and warehouses. - (71) USI;)S similar to the above centioned percitted usos, p~)vided the activities conducted observe the require- Clellts of all city ordinances. (72) USI~S custooarily accessory to the precedinr; principal uses. (73) ~u)se uses as may be perr.1itted by Article Eleve~ Special Perm ts . Specific:ations: In the "c" District, there shall be an area of not lesfl than: (1) Sirigle-Far.lily Dwelling - 850 square feet. (2) Duplex - 850 square feet per dwelling unit. (3) ApQxtcents - 500 square feet for one bedrooc apartcent, plus one hundred (100) feet for each additional bedroom. (4) Office Buildings - 1500 square feet of fioor area, exclusive of garages, carports, and porches. -22- . . .. (2) Temporary Buildings anqjor Trailers: (Used for construc- tion purposes only) shall be rcmoved upon completion or abandonmont of construction work. Temporary buildings andl~r trailcrs cnnnot be used as a place of residence. (3) Trai,lcrs: The parking of house trailcrs shall not bc pcrmi tted in "c" ....part!:lcnt nnd Commcrcial District. (4) Moving Permits: No building r.Jay be moved into a "c" ~'..partr.lcnt and Commercial District unloss it com:plies with all regulations in t~e District. .- . '" .. -24- --.. ....... .,.~ .~-. . . '. . . SECTION 13-500 "I~ INDUSTRI:J. DISTRICT 13-.501 13-502 13-503 Use Regulatiol'.s:: A building or premises shall be u13ed only for the following purposes: (1) .'ury use permittod in the "C" Apartment and Commercial District. (2) Usos that comply with all perfornk~ce standards of this zoninG district as horeinaftor established in Section 13-406. (3) Thero shall bc no buildings or trailers for residential usej provided, howevor, that this shall not preclude how3illB for suporvisory, maintenance, or custodial personnel wher.e industrial processes require them to live on the premises. (4) Uses that may be established by special permit in complianco \vith Section 13-405, Special Use ReGulations. (5) :~ uses established after the effectivo date of this ordinanco shall comply with all of the applicable pcrformance standards. (6) ;~ use existillB prior to the effective date of this ordinancc, which is a nonconforminc use bccause of its noncompliance with any of the performance standards applicable to it, may continue; howevcr, no enlarce~ent. alteration, change, replacc~cnt. or reconstruction of the use or ita physical facilitios shall cause greater nonc:ompliance tb.~.n 1hat which existed at the tir.1c of o.dOI)tion of this Ordinancc. (7) In addition to the perfora~ncc standards specifiod hereinafter all reGulations of the United States, the State of TexD.S, the County of Harris, al'ld tho Ci t-y of La Pvrte relatins to such matters as nuisancos. the 01:Uflsion of noxious, odorous, and toxic matter; tho storage, o.."\:lufacture, handling, trallSporting, ancl use of flar:cable and explosive materials; and r~dioactive materials shall apply. (8) No lot within the Industrial District shall be reduccd in size! or shape so as to cause or increase noncocplianco of ~~e use located ~~ereon with ~ applicable performa~ce stan~rd. HoiGht Rc~lations: (1) Resi.dential: Sc.me as "C" District. Area ReG~uations: (1) Fror"t Yard: Residential: Same as "c" District. Other Use: Where none of the frontage on eithor side of the street between two intersectino streets is lo- cated in a R..sidential District, no front yard is re- quiI'cd. Where the frontaee on one side of the street between two intersectinu streets is located part~ in District "I" and partly in a R..sidential District, the froIl,t yare. shall confor:::! to tho Rcsidcntinl District -25- . .~.. 13-504 13-,505 .- . . . regulations for a distance of not less than three hun- dred (300) feet from the district boundary. \Y.here a front yard is required along the frontage on one side of a street, the front yard requirements of the property directly opposite on the other side of the street shall be not less than twenty-five (25) feet. No parking, storage, oz' siDilar use shall be allowed in required front yards in "I" District. (2) Side Yard: Residential: SaJ:Ie as "C" District. Other Uses: No side yard is required except that a side yard or a side street yard of not less than twenty-five (2,5) feet in width shall be provided on the side of the lot adjoining or across a aide street froc a Residential District. No parking1 storage; or similar use shall be allowed in required side yards or side street yards in District "I". (3) Rear Yard;: Residential: Sar.1e as "C" District. Other Uses: No rear yard is required except that a rear yard of not less than fifty (50) feet in depth shall be provided upon that portion of a lot abutting or across a rear street froe a Residential District, except that such yard requirement shall not apply where the prop- erty in the Residential District also backs-up to the rear street. (4) Size of Lot: No J:linimuo lot area required in the "I" District. (5) kt Coverage: No miilimur.l lot coverage is required in t.ile "I" District. Park;i.tl['; and Luading Re~ulations: Off-street parking and loadino spaces.&~all be provided in accordance with the requirements for specific uses set forth in Section 14-100. ~PECIAL USE RmULATIONS Special uses may be authorized by a special percit granted by the Boar~ of Adjustcent in appropriate cases and subject to certain condi tions and safeguards as eight be required by the Board of Adjustment. The Board shall fix a reasonable tice for a hearing of the application, give public notice thereof, as well as due notice to the partios in interest, and decide the sane within a reasonable ti~e. Upon the hearing, any party cay appear in person or by agent or by attorney. The purpose of such hearinG by the Board shall be to determine that the or~tinl.S of the special permit will not adversely affect the character and appropriate use of the area or neighborhood in which it is proposed to locate; will not substantially depreciate the value of adjacent and nearby properties for use in accordance with the re;ulations of the zoning district in which they are located; and will be in keepit18 with the spirit and intent of this Ordi- nance; will not adversely affect the implementation of the Com- prehensive Plan; and will not adversely affect traffic, public utilities, public health, public safety, and the aeneral welfare.. All applications for special per~ts shall be subcitted with plans, in sufficient detail to deter~ne the proposed use of tho ontiro precises as well as all buildings and structures, to tho zoping administrator who shall file and report on the SaDe to the City Planning COChussion and the Board of Adjust~ent. -26- . . .. . (1) The Board is hereby authorized to approve any and all additions or structural alter~tions to speci~l uses after they have qualified and have been approved by the City Plannine Commission. (2) Uses for which special permits may be secured, subject to all conditions and safe8uards prescribed herein or as may be further prescribed by the Board of Adjustment, are as follows: (a) Airport, landing field or landing strip; provided ade- quate clear zones can be established. e (b) Ar.1usement parks, commercial baseball or athletic fields, stadiums, race tracks. circuses, carnivals, and f~ir grounds; provided such facilities conform to the per- formance standards relating to noise as set forth in Section 13-506, Performance Standards. The illumination of such facilities shull not exceed two tenths (0.2) foot-candle across the source property line when adjacent to a Residential Districtj however, such facilities are permitted the use of an illuminated advertising siGn or marquee provided such signs or marquees are not located vdthin twenty-five (25) feet of any Residential District Boundary and the illumination of such signs or marquees does not exceed two tenths (0.2) foot-candle across the source property line. (c) Cemeteries, mausoleum, or creamatories; provided such facilities are enclosed by a screening dovice, as defined in Section 2, Definitions. ". (d) Drive-in theaters, provided they are located on a pajor thoroughfare and conform to the performance standards relating to noise and as set forth in subsection 10.04, Performance Standards. They shall be enclosed by a screening device as defincd in Section 2, Definitions. The illumination from such a facility shall not exceed two tenths (0.2) foot-candle across the source property line when adjacent to a Residential District; however, such facilities are permitted the use of un illuminated advertising sign or marquee provided such signs or marquees are not located within twenty-five (25) feet of any Residential District Boundary and the illuaination of such signs or marquees does not exceed two tenths (0.2) foot- candle across the source property line. (e) Golf driving ranges and oiniature golf courSOSj provided the illumination of such facilities does not cxceed two tenths (0.2) foot-candle as across the source property line when adjacent to a Residential District; however, such facilities are permitted the use of an illuminated advertising sign or marquee provided such signs are not located within twenty-five (25) feet of any Residential District Boundary and the illumination of such signs or marquees does not exceed two tenths (0.2) foot- candle across the source property line. . (f) Hospitals for the cure of alcoholics, mental patients, contagious disease patients, narcotic or psychiatric patients, or penal or correctional institutions; provided such facilities shall be located on a sito of not less than five (5) acres. The main and accessory buildings or structures shall not occupy more than ten (10) per cent of the total lot area. The main building or structure shall be set back from all property lines at least one (1), foot for each two (2) feet of addit- iO[k~l height above forty-five (45) feet. (g) Sand, gravel, and borrow pits; provided such operations conform to performance standards set forth in Section -27- 10 , .lIIo..-.. .- ...-.. --=' .4 13-~06 . . . e 13-506, Performance Standards. At the time the special permit is granted, the Board may make special provisions for the restoration of such property to a usable condition after excavations have been terminated. . (h) (i) Radio, television, or mic~owave broadcast or relay towers.,. Sewage, refuse, or garbage disposal and/or treatment plants; provided such facilities conform to performance standard set forth in Section 13-406, Performance Standards. Such facilities shall be enclosed by a screening device as defined in Section 7-171, Definitions. (j) Trailers or mobile homes; provided all approp~ic.tc statG~' coun- tyand city sanitation regulations are strictly observed. . At least fifteen hundred (1,500) square feet of lot area per trailer slLall be provided; no trailer shall be parked closer to the street than the required front yard set back, nor c;:loser than thirty (30) feet to any property line abutting or lying within a Residential District, nor closer than twenty (20) feet to any other property line. A clearance of not less than fifteen (15) feet shall be maintained between trailer coaches on all sides., Trailer coach spaces abut upon a hard surfaced driveway or access-- way of not less than twenty-five (25) feet in width. , No service building or other facilities for bathing, laundry, and sanitation as required by the state and local health reBUlations, shall be located closer to the street than the required front yard set back,. not closer than thirty (30) feet to any property line abutting or lying within a Residential District, not closer than twenty (20) feet to any other property line. Such buildings or facilities shall be ~ccessible to all trailer coaches by means of the access drives or hardsurfaced walks. Vfuerever practical, . space shall be reserved for recreation and a playground. ' PERFORMANCE STANDARDS Performance standards are hereinafter established for governing the following: noise, vibration, smoke and particulate matter, odorous matter, glare, fire and explosion hazards, and toxic and noxious matter. (1) Any use established after the effective date of this Ordinance shall comply with all of the performance standards applicable to the use. (2) Any use existing prior to the effective date of this Ordinance, which is a noncompliance with any of the performance standards applicable to it, may continue; however, no enlargement, alteration, change, replace- ment, or recol1f>truction of the use of its physical facilities shall cause greater noncompliance than that which existed at the time of adoption of this Ordinance. (3) With respect to noise and vibration only, all measure- ments to determine operational levels shall be taken on a property line of the source property at a point which has the highest readings from the source of the charac- teristic being measured. (4) In addition to the performance standards specified here- inafter, all regulations of the State of Texas, the County of Harris, and the City of La Pbrte relating to such matters as nuisances; the emission of noxious, odorous, and toxic matter; the storage, manufacture, handling, transporting, and use of flammable and explosive materials; and radioactive materials shall apply. .:..22- ~ ..~ .'.. ..... ~... -- .' '. 13-5<>7 . . (5) No lot within the Industrial District shall be reduced in size or shape so as to cause or increase noncompliance of the use located thereon with any applicable performance standard. DEFINITIONS APPLICABLE TO INDUSTRIAL PERFORMANCE STf..NDARDS. (1) Ambient: The average atmospheric condition existing naturally in any particular area of interest at any one time. (2) Decibel: A decibel is a unit of measurement of the intensity of sound. (3) Displacement (Vibration): Displacement is the amount of motion involved in a vibration. As used in this ordinance, it applies to the maximum instantaneous vector sum of the three mutually perpendicular sincle amplitude components measured. Mathematically, it is equal to the square root of the sum of squares of the three mutually perpendicular components. (4) Foot.cnadle: 11. unit of illumination intensity. (5) Frequency: The number of times per second a vibration or sound wave will oscillate. The tone or pitch of a sound wave will depend upon its frequency. (6) Impact noise: A transient noise which does not remain at a particular intensity level for a sufficient time to be accurately measured on a sound level meter. (7) Impact noise analyzer: An impact noise analyzer is an instrument used in conjunction with a sound level meter to measure the peak intensity (in decibels) of a tran- sient noise. (8) Ionizing radiation: Gamma rays and x-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light. (9) Octave band: A portion of the audible sound spectrum.. Octave band analyzers conveniently divide the audible band spectrum into eight (8) octave bands. (10) Odorous matter: Any solid, liquid, or gaseous matter including but not limited to gases, vapors, dusts, fumes, and mists which cause an odor sensation to human beings. (11) Octave. band analyzer: An instrument used in conjunction with a sound level meter to measure the sound intensity (in decibels) in each of the eight (8) octave bands that make up the significant audible range to which the ear is sensitive. l~ octave band analyzer that meets applicable requirements of the ~lmerican Standards Association is suitable for use in determining compliance with this ordinance. (12) Particulare matter: Finely divided solid or liquid matter other than water which is released into the atmosphere. (13) Ringlemann Chart: l., chart as described by the U.S. Bureau of Mines Information Circular 6888 and upon which are illustrated graduated shades of gray for use in estimating the light obscuration power of smoke. -29- .. -.. ., . . '., 13-508 . . (14) Ringlemann Number: The next lowest shade number on the Ringlemann Chart which most nearly corresponds to the light obscuration power of the smoke being measured. For example, smoke opacity lying between No. 1 and No. 2 shades of gray on the Ringlemann Chm-t will be measured as Ringlemann No.'l smoke. (15) Smoke: The visible discharge from a chimney, stack, vent, exhause, or combustion process which is made up of particulate matter. (16) Sound level meter: A sound level meter is an instrument used to measure the total intensity of a sound (in decibels) without regard to its frequency composition. A sound level mater that meets applicable requirements of the l~erican Standards Association is suitable for use in determining compliance with this ordinance. (17) Three-component measuring system: ~ three-component measuring system is an instrument or cocplement of instruments which records earthborne vibration simul- taniously in three mutually perpendicular directions. (18) Toxic and noxious ma.tter: Toxic and noxious matter is any solid, liquid, or gaseous matter, including but not limited to gases, vapors, dusts, fwmes, and mists which may be detrimental to or endanger the health, safety, comfort, or welfare of persons in the vicinty anq/or cause injury or damage to property when present in relatively small ar.Iounts. (19) Vibration: Vibration is the periodic displacement of the earth measured in inches. STANDARDS I~PLICABLE TO ...u.L INDUSTRIAL DEVEWPMENT. (1) Noise: Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made, neglecting background noises, using the flat network and the slow position of the sound level meter. Impact noises shall be measured with an impact noise analyzer in conjunction with the sound level meter. The measurement refers to the positive peak value. (2) Odorous Matter: The emission of odorous matter from any source shall be controlled so as not to cause or become a nuisance or source of discomfort to any point beyond the lot lines of the source property. (3) Vibration: Earthborne vibration levels shall be measured with a three-component measuring system approved by the Zoning :dministrator. Vibration shall be expressed as displacement in inches. (4) Smoke and Particulate Matter: (a) Any use already established on the effective date of this Ordinance shall be permitted to be altered, enlarged, expanded, or modified, provided that the new source of smoke or particulate matter conforms to the performance standards established -30- '. . e -~ ~ hereinnt'I.\:.L i:....: :-~.. ......,~.~ I.~~;.,..~ ; n which such use is located. The total emission weight. ~f D~rt.tculate matter and smoke from all sources, \li..thin the lot boundaries, shall not exceed the net amount per- mitted in the district in which the use is located after such alteration, enlargement, expansion, or modification. (b) Particulate matter and other dusts, borne by the winds from such sources as storage areas, yards, roads, and similar sources within the lot bound- aries .shall be minimized by appropriate land- scaping, paving, or other means acceptable to the Zoning Administrator. (c) Open industrial operations involving dust-producing equipment or operations such as sandblasting, paint- spraying, feed and grain handling, and similar operations, shall be so conducted that such dusts do not cross lot lines in concentrations exceeding one million particles per cubic foot when measured at Ground level or inhabitable elevation, whichever is more restrictive. -e (d) Chimneys, vents, stacks, etc. shall have provi- sions for the insertion of a probe to determine the particulate loading of an effluent. Such provision shall be at the discretion of the Zoning Ildminis- trator, and sampling procedures shall follow those published by the American Industrial Hygiene Association in its ~ir Pollution Manual, Part 1, Evaluation. (5) Glare:.' I~y operation or activity producing intense glare shall be performed in such a manner as not to create a nuisance or hazard across lot lines. In no case shall direct illumination from any source of light or direct welding flash be visible in a residential district, nor shall reflected light from these sources exceed 0.2 foot candles across the source property lines. . (6) Fire and Explosion Haz~: (a) Activities involved in the manufacture of materials or products which decompose by detonation are permitted only in the Industrial District and then only when specifically licensed by the City of La Porte Fire Department. . (b) Activities involving the storage and utilization of materials or products which decompose by detona- tion are permitted only in manufacturing districts, and then only when specifically licensed by the City of La Porte Fire Department. Such materials shall include but not be limited to all primary ex- plosives such as lead axide, lead sulphonate, fulmina tes and tetrancene; all high explosives such as TNT, HMX, PETN, and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explo- sives such as dynamite and nitroglycerine; unstable organic compounds such as liquid oxygen, perchoiric acid, perchiorates, chlorates and hydrogen peroxide in concentrations greater -31- . . . . '. 13-509 . . than 35 per cent; and nuclear fucls, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239. (c) Explosives shall be stored, utilized, and manufac- tured in accordance with applicable local, state, and federal codes. (d) All applications for zoning permits for uses involv- ing fire and explosion hazards may be referred by the Zoning Administrator to the office of the Chief Fire Marshall of the City of La Porte for approval. Such approval shall indicate com- pliance with all applicable fire codes and ordinances of the City of La Porte and shall be indicated on the application \rithin ten (10) days from the date such application was r.I<lde in the office of the Zoning Administrator. (7) Toxic and Noxious Material: In all manufacturing districts no activity or operation shall cause at any time the discharge of toxic or noxious matter across lot lines in such concentrations as to be detrimental to or endanger the health, safety, comfort, or welfare of persons in the vicinity or cause injury or damage to property. DISTRICT REGULATIONS. (1) Uses: Abuilding or premises in this zoning district shall be used only for the following purposes: (a) Any use permitted in the "I" Light Industrial District regulations, or as provided in Section 13-1000. (b) Uses that comply with all performance standards of this zoning district as hereinafter established in Subsection 2, as well as those standards established in Section 13-408, Stand~ds A~pli- cable to All Industrial Development. (c) There shall be no buildings for residential use and no house trailers, provided, however, that this shall not preclude housing for supervisory, ~aintenance, or custodial personnel where in- dustrial processes require them to live on the premises. (2) Performance Standards: (a) Noise: At the point of measurement. as described in Subsection 13-406-3, the sound pressure level or impact level of any operation or plant shall not exceed the decibel licits for the octave bands designated in Column I below, unlcss the point of measurement is located on 0. property line which is also the boundary line of a Rcsidential or Commercial District or within eighty (80) feet of n Residcntial or Cvrnmercial District bound- ary line which is located within a street right- of-way, in which the limits set forth in Column II below shall apply. -32- -, . e . Octave Band Frequency Maximum Sound Levels - Decibels I II Residential District Lot Line Boundary Cycles per Second 20 to. '75 75 ..,to 150 1.5Q to 300 ~ to 600 600 to 1200 1200 to 2400 ~400 to 4800 . Above 4800 , Impact Noise 81 76 68 61 55 49 43 41 83 75 70 62 55 49 43 37 35 55 ...... Between the hours of 10:00 P.M. and 6:00 A.M., the permissible sound ~evels oo,.ond Residential Dis- tricts boundaries (both Column II and Impac~~ ahnll be six (6) decibels less than shown above. '. (b) Vibration: At the point of measurement, as described in Subsection 13-406-3, earthborne vibrations from any operation or plant shall not exceed the limits set forth in Column II below, unless the point of meas- urement is located on a property line which is also the boundary line of a Residential or Commercial District or within eighty (80) feet of a Residential or Commercial District boundary line which is located within a street right-of-way, in which case the limits set forth in Column II below shall apply. I* II* Frequency Displacement Displacement (Cycles Per Second) (Inches) (Inches) 0 to 10 0.0022 0.0008 10 to 20 0.0016 0.0005 20 to 30 0.0010 0.0002 30 to 40 0.0006 0.0002 Over 40 0.0005 0.0001 . * Steady State - Vibrations: For the purpose of this Ordi- nance, vibrations which are continuous or, if in discrete pulses are more frequent than 60 per minute. Impace vibration, that is, discrete pulses which do not exceed 60 impulses per minute shall not cause in excess of twice the displacements stipulated. . (c) Smoke and Particulate Matter: Smoke from a:n.y vent stack, chimney, skylight, window, building opening, or combustion process shall not exceed an opacity of Ringlemann No.2 as observed on the Ringlemann Chart. However, once during any three-hours period, Ringlemann No.3 opacity will be permitted but not in excess of five (5) minutes' duration. The emission of particulate matter from all sources shall not exceed 10 pounds per acre of property during anyone hour. Dust coarser than 44 microns shall be limited to 0.05 pound per acre of property during any one hour. (d) Toxic and Noxious Matter: The maximum permissible con- centration of toxic anq!or noxious matter shall be in accordance with the "Maximum Permissible Concentration of Atmospheric Contaminants in Places of Employment" as promulgated by the Texas State Department of Health, J)ivision of Occupational Health, or the "Threshold Limit Values", adopted each year by the American Conference of Governmental Industrial Hygienists, -33- " . -. . :. 13-510 . . whichever is the most recent publication. A ten (10) per cent concentration of the maxioum per- missible concentration shall be considered as the threshold limit for un industrial worker. In no casc shall the concentrations of toxic anq!or noxious mattor be released across source lot lines which will exceed fifty (50) per cent of the muximum permis- sible concentration, provided: (1) That adjacont property within 300 feet is not occupied and the cuncentration of toxic matter will be no more than 10 per cent M.P.C. at the nearest occupied property, or (2) That the proposed reloasc of toxic matter shall be of such concentration across lot lines that no toxic effocts will be detected. .\DMINISTRATION OF INDUSTRIl~ PERFORMANCE ST.\ND.'JIDS. (1) A zoning permit for the construction, alteration. or erilargement of a manufacturing or similar activity vall be issued only if the application for the s~~e has affixe~ to it a si6ned statement by the owner, a duly authorized reprosentative, and/or the certificate of an architect or eneiueer licensed by the State of Texas, ccrtifyinc that the buildill8 or structure being cvnstructed, or that portion being altercd or enlar~ed and tho proposed use thcreof complies with all provisions of this zoni~ ordinance with respect to performnnco standards. The Zonins Administrator shall upon receipt of such appli- cution approve it and authorize the issuancc of 0. zoning certificate, provided, however, that all other relev~t provisions of this zoning ordinance are complied with. Within fifteen (15) days after the date of such approval, the Zonine ..dministrator shall exar.1ine said applica- tion and shall advise the owner. duly authorized repre- sentative, or architect or cnzineer in writing if the building or structure or portion thereof. or the use thereof, does not in fact comply with the performance standards. Failure of the owner, the duly authorized representative, or architect or eneineer to show com- pliance within thirty (30) days of such notification shall be cause for revocation of the zoning permit. (2) The Zoning Administrator is hereby authorized to refcr any application for a zoning permit for an industrial or similar type activity or use to any department, office, or qualified person within the State, County, or C~ty for review and comment. The purpose of such reviow shall be to establish compliance with all other applicable statutes, laws, or ordinar.ces. Such review shall be made within the above-mentioned time period. (3) No occupancy permit for any construction, alteration, or enlargement accomplished after the effective date of this ordinance shall be issued, and no addition or altera- tion to a previously existing building shall be occupiod until the structure, alteration, or onlargement or the addition to a previously existing building shall have been comploted and the premises inspected and certified by the Zoning Administratur to be in compliance with all the applicable performance standards of the zoning dis- trict in which it is located. -34- "" . e . . " . . ARTICLE FOURTEEN: PARKING, HEIGHT, iUm il.RE~~ REGULATIONS SECTION 14-100 OFF-STREET PARKING :JID LOADING REQUIREMENTS 14-101 Parking Requirements: In nIl districts there shall bo provided at the time any building or structure is erected or structurally altored (except as provided in 14-102), off-street parking spaces in accordance with the following roquiremonts: (1) Bowling alley: Five (5) parking spaces for each alley. (2) Business or professional office, studio, bank, medical or dental clinic: Three (3) parkins spaces plus onc (1) addi- tional parking space for each two hundred (200) square feet of floor area over five hundred (500). (3) Church or other place of worship: One (1) parking space for each four (4) seats in the main auditorium. (4) Community center, library, museum, or art gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square fcet. If an auditorium is in- cluded as a part of the building 1 its floor area shall be de- ducted from the total and additional parking ~rovided on the basis of one (1) space for each four (4) scats that it contains. (5) Dance hall, assembly, or exhibition hall without fixed seats.: One (1) parking space or each one hundred (100) square feet of floor area used thereof. (6) Dwellings, includine single, two-family, and multi-family: One (:;..) parking space for each single family dwelling unit and two (2) spaces for each multi-family unit. (7) Fraternity, sorority, or dormitory: One (1) parking space for each six (6) beds. (8) Furniture of appliance store, hardware store: wholesale establishments, machinery or equipmcnt sales and service. clothin& or shoe repair or service shop: Two (2) parkine spaces plus one (1) additional parking space for each three hundred (;00) square feet of floor area over one thousand (1,000). (9) Hospital: Four (4) parking spaces plus one (1) additional parking space for each four (4) beds. (10) Hvtel: One (1) parking space for each two (2) sleeping rooms or suites plus one (1) space for each two hundred (200) square feet of commcrcial floor area contained therein. (11) Manufacturing or industrial establishment, research, or testing laboratory, creamery, bottling plant, warehouse, printing or plumbing shop, or similar establishment: One (1) parking space for each two (2) employees on the maxi- mum working shift plus space to accommodate all trucks and othe~ vehicles used in cor~ection therewith, but not less than one (1) parking space for each six hundred (600) square feet of floor ~rea. (12) Mortuary or funeral home: One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, par- lors, or individual funeral service rooms. (13) Motor-vehicle salesrooms and used car lots: One (1) parking space for each eieht hundred (800) squaro feet of sales floor or lot area. -35- . . - .j '<" 14-102 14-103 . e (14) Private club, lodge, country club, or golf club: One (1) parking space for each one hundred fifty (150) square feet of floor area or for every five (5) members, whichever is greater. (15) Retail store or personal service establishment, except as otherwise specified herein: One (:) parking space for each two hundred (200) square feet of floor area. (16) Restaurant, night club, cafe, or similar recreation or amusement establishment: One (1) parking space for each one hundred (100) square feet of floor area. (17) Rooming or boarding house: One (1) parking space for each two (2) sleeping rooms. (18) Sanitarium, Convalescent home, home for the aged, or sim- ilar institution: One (1) parking space for each six (6) beds. (19) School, elementary: One (1) parking space for each ten (10) . seats in the ;.udi torium or main assembly room, or one (1) space for each classroom, whichever is greater. (20) School, secondary and college: One (1) parking spaco for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater. (21) Theater, auditorium (except school), sports arena, stadium, or gycrnasiUr.l: One (l) parking space for each four (4) seats or bench seating spaces. (22) T~urist home, cabin, or motel: One (1) parking space for each sleeping room or suite. Rules for Computing Number of ~arking Spaces: In computing tho number of parking spaces required for each of the above uses the following rules shall govern: (1) "Floor .~rea" shall mean the gross floor area of the specific. use. (2) Where fractional spaces result, the parking spaces requircd shall be constructed to the nearest whole number. (3) The parking space requirement for ~ use not specifically centioned herein shall be the same as required for a use of sicilar nature. (4) Whenever a building or use constructed or established after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten (10) per cent or nore in the nucber of existing parking spaces, such spaces shall be provided on t~e basis of the enlargement or change. Whenever 0. building or use existing prior to the effective date of this O~dinance is enlarged to the oxtent of fifty (50) per cent or more in floor area or in the area used, said building or use shall then and thereafter comply with the p~king requirements set forth herein. (5) In the case of mixed uses, the p..rking spaces required shall equal the sum of the requirements of the various uscs computed separately. Location of Parking Spaces: .111 pnrking spaces required herein shall be located on the snme lot with the building or use served, except as follows: -36- . e . . ., 14-104 14-105 . . (1) Vfuere an increase in the number of spaces is required by 0. change or enlargement of use or where such spaces are pro- vided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed three hundred (300) feet from an institutional build- ing served and not to exceed five hundred (500) feet from any other non-residential building served. (2) Not more than fifty (50) per cent of the parking spaces re- quired for Ill. theaters, bowling ~lleys, dance halls, night clubs or cafes, and not more than eighty (80) per cent of the parking spaces required for a church or school auditorium may be provided and used jointly by 121. similar uses not normally open, used, or operated during the same hours as those listed in Ill.; provided, however, that written agreement thereto is properly executed and filed as specified below. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be prop- erly drawn and executed by the parties concerned, approved as to form by the City Attorney, and sh~ll be filed with the ~pplication for a building permit. Minimum Dimensions for Off-Street Parking: (1) Ninety (go) Degree rlnglc Parking: ~~ch parking space shall be not less than eight (8) feet wide nor less than eighteen (18) feet in length. Maneuvering space shall be in addition to parking space and shall not be less than twenty-four (24) feet perpendicul~r to the building or parking line. (2) Sixty (60) Degree ,.ngle Parking: Each parking space shall be not less than cight (8) feet \nde perpendicular to the parking angle nor less than seventeen (17) feet in length when measured at right angles to the building or parking line. Maneuvering space shull be in addition to parking space and shall be not less than twenty (20) feet perpendicular to the building or p~rking line. (3) Forty-Five (45) Degree Angle Parking: Each p~rking space shall be not less than eight (8) feet wide perpendicular to the parking ~ngle nor less than sixteen (16) feet in length when measured at right 3ngles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than eighteen (18) feet perpendicular to the building or parking line. (4) Vfuen off-street parking facilitics are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the caneuvering space requireoent. (5) \Vhere off-street parking facilities are provided in excess of the cinimum amounts herein specified, or when off- street parking facilities are provided but not required by this Ordinance, said off-street parking facilities shall comply with the minimum requirecents for p~rkins and man- euvering space herein specified. .' Off-Street Loading Spa~e: Every building or part thereof crected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other uso similarly in- -37- . . . /~ ,..., " , . volving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements: (1) In District "I", one (1) loading space for each ten thousand (10,000) feet or fraction thereof, of floor area in the building. (2) In District "C", one (1) loading space for the first five thousand (5,000) to fifteen thousand (15,000) square feet of floor area in the building and one (1) additional loading space for each fiftoen thousand (15,000) square feet, or fraction thereof, of floor area in excess of fifteen thousand (15,000) square feet. (3) Each required loading space shall have a minimum size of ten (10) feet by twenty-five (25) feet. -38- , . SECTION 14-200 HEIGHT j~D ARE~ EXCEPTIONS .\ND MODIFICATIONS . 14-201 HeiGht: - 14-202 . . (1) The heiGht rCGulation prescribed herein shall not apply to tolevision and radio towers, church spires, belfries, monu- ments, tanks, water and fire towers, stage towers, or sccnery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors, flag poles, clcctric display siGns and nccessary mechanical appurtenanccs. (2) Public or semi-public service buildi116S, hospitals, insti- tutions, or schools, where permitted may be erected to a height not exceeding sixty (60) feet and churchcs and other places of worship may be erected to a height not exceeding seventy-five (75) feet when each of additional building height above the height regulations for the district in which the building is located. (3) , f',)" "I /,-'/1 /:. ".. v....~ - .. "( ~:-;.'_i.'..."- No structure may be erected to ,:fl, hcight :.n excess of that permittcd by the regulations of such airfield zoning ordi- nance as may exist at the time and whose regulations apply to the area in which the structure is being erccted. lJ.rt.(.'--'-".'~}~;:;'. ~ ,; . .' Front Yards: (1) Where twenty-five (25) per cent or more of the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a buildinG or buildinGs with front yards of less depth than requircd by this Ordinance, or where the configuration of the ground is such that con- formity with the front yard provisions of this Ordinance would work a hardship, the Board of Adjustment may perD1t modifications of the front yard requirements. (2) In Rcsidential Districts, where twenty-five (25) per cent or more of the frontage upon the same side of a street be- tween intersccting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than is required by this Ordinancc, no othcr lot upon the same side of such street between such intcrsecting streets shall be occupied by a building with a front yard of less than thc least depth of any such existing front yards, unless by permission of the Board of Adjustment. (3) In a residential district no fence, structure, or planting higher than threc and one-half (3 1/2) feet above the estab- lished str~et Grades shall be maintained within twenty (20) feet of any .street intersection. (4) Open and unenclosed terraces or porches and cave and roof extonsions may project into the required front yard for 0. distance not to exceed four (4) feet; provided, however, that no supporting structure for such extensions may be located within the required front yard. An unenclosed canopy for a gasoline filling station may extend beyond the building line but shall never be closer to the property line than twelve '(12) feet. The buildinG line of a gasoline filling station shall mean the actual wall of the building and shall not be interpreted as beinG the curb of a walk or driveway or as the front of a canopy or the columns support- inG same. (5) Where an official line has been established for future widen- ing or openinG of a street upon which a lot abuts, then the width of a front or side yard shall be measured from such official line to the nearest line of the building. -39- . . . SECTION 14-200 HEIGHT AND AREA EXCEPTIONS J~p MODIFICATIONS 14-201 . 14-202 e . Height: (1) The height regulation prescribed herein shall not apply to television and radio.towers, church spires, belfries, monu- ments, tanks, water and fire towers, stage towers, or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors, flag poles, electric display signs and necessary mechanical appurtenances. (2) Public or semi-public service buildings, hospitals, insti- tutions, or schools, where permitted may be erected to a height not exceeding sixty (60) feet and churches and other places of worship may be erected to a height not exceeding seventy-five (75) feet when each of additional building height above the height regulations for the district in which the building ~s located. (3) No structure may be erected to a height in excess of that permitted by the regulations of such airfield zoning ordi- nance as may exist at the time and whose regulations apply to the area in which the structure is being erected. Front Yards: (1) Where twenty-five (25) per cent or more of the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building or buildinGS with front yards of less depth than required by this Ordinance, or where the configuration of the ground is such that con- formity with the front yard provisions of this Ordinance would work a hardship, the Board of Adjustment may permit modifications of the front yard requirements. (2) In Residential Districts, where twenty-five (25) per cent or more of the frontage upon the same side of a street be- tween intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than is required by this Ordinance, no other lot upon the same side of such street between such intersecting streets shall be occupied by a buildinG with a front yard of less than the least depth of any such existing front yards, unless by permission of the Board of Adjustment. (3) In a residential district no fence, structure, or planting higher than three and one-half (3 1/2) feet above the estab- lished street grades shall be maintained within twenty (20) feet of any street intersection. (4) Open and unenclosed terraces or porches and eave and roof extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however, that no supporting structure for such extensions may be located within the required front yard. An unenclosed canopy for a gasoline filling station may extend beyond the building line but shall never be closer to the property line than twelve (12) feet. The building line of a gasoline filling station shall mean the actual wall of the building and shall not be interpreted as beinG the curb of a walk or driveway or as the front of a conopy or the columns support- ing same. (5) Where an official line has been established for future widen- inG or opening of a street upon which a lot abuts, then the width of a front or side yard shall be measured from such official line to the nearest line of the building. -39- e '. ". ,tt :.. " 14-203 14-204 . . .' Side Yards: (1) Qn-u corner lot the width of the yard alone the siee stroet chull not be less than any required front yard or. thu sace siue of such street between intersectinG streets, p~ovided, however, that the buildable wi~th of ~ lot of record shall ~~ot be reduced to less tho.;. thirty (30) feet. (2) No accessory building shull project beyond a required yard 111-:.e c.loli.u a.r.y street. (3) For the purpose of side y~rd re6ula.tiollS, a two-f~ily dwcllir~ or Dulti-f~Jily dwellil;O shall be cOl~idercd as one buildir~ occuPyil16 o~e lot. (4) Where a. lot of record at the tice of the effective date of this Ordinancc is less than fifty (50) fect in width the re- quired side yard oay be reduced to provide a Dil1icun buildable width of thirty (30) feet, provided, however, that DO sido yard bo less tha~ five (5) feet. (5) The area required in a yard shall be OpC:'l to the Skyl ur.- obstructed cxcept for the ordin~ry projectio~s of wi~dow sills, belt courses, cornices, or other or~oental featuros. (6) .'t. roof overh~6, an ope;1 fire escape or <ll: outside stair- way DQ.y l?~oject not ooro tha;-;. throe (3) fcet i::to a required side y~rd, but no closer th~r. three (3) feet to 0. property line. Rear. Yards: ..:~ accessory builclino l:.ot exceedil~ twe.~ty (20) foet Ul heiGht Day occupy not to exceed twe~ty-fivo (25) per cor.t, a;.d U11er..closed parkin; sp~cos r.t~ occupy not to oxceed eishty (80) per cent, of the area of a required roar yard but no acces- sory buildir.G shall be closer thar.. twenty (20) feet to the ~ir.. buileillG nor closer than five (5) feet to w".::! rear or side lot li.-:e. -40- . . . . " . . PliRT THREE ."J>MINISTR.iTION, .~DMEN'l'S, .\ND ENFORCEMENT ARTICLE FIFTEEN: ADMINISTRATION, .\MENDMENTS, :.ND ENFORCEMENT SECTION 15-100 CERTIFICATE OF OCCUP.\NCY ilND ENFORq~T 15-101 15-102 Certificate of Occ~ancy and C~mpliance. N~ building horeafter erected or structurally alterod and no land hereafter occupied or used shall be used, occupied, or changed in use, and no buildine previously erected or land occupied or used shall be chancod in use, until a certificate of uccup~cy has been issued by the Department. statine th~t the buildinb or proposed use of a buildinz or premises co~plies with the requirements, recul~tions, and provisions of this Ordinance. Such certificate of occupancy nay be issued upon an inspection oade pursuant to the Building Code. Enforcement Authority. It shall be the duty of the City Attorney of the City of La Porte when requested by the City COmr.lission and when the facts warrant to institute and prosecute such lecal proceedings as may be advisable to enforce coopliance with this Ordinance. -41- .. . . . .... . . ARTICLE SIXTEEN: BO.UID OF ADJUSTMENT 16-101 SECTION 16-100 ORGANIZATION. RULES, ETC. 16-102 16-103 16-104 Or6anization. There is hereby created a Board of Adjustment consisting of five (5) members who are citizens of the City of La Porte and who are not members of the City Commission or the City Planning and Zoning Commission, each to be appointed by the Mayor and confirmed by City Commission for a term of two (2) years and removable for cause by the appointing authority upon written charges and after public hearinc. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. The Mayor shall also appoint and the City Commission shall confirm two (2) alternate members of the Board of Adjustment who shall serve in the absence of one or more of the regular members when requested to do so by the Mayor; all cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members, and any vacancy shall be filled in the same manner and shall be subject to removal as the regular members. Rules and Meetings. The Board of hdjustment shall adopt rules of procedure in accordance with the provisions of this Ordinance. Meetings of the Board of Adjustment shall be held at the call of the chairman and at such other times as the Board of Adjust- ment may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of .Adjust- ment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be a public record. Powers and Duties. The Board of Adjustment shall have the followinc powers: (1) Tb hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determina- tion made by the administrative office in the enforce- ment of this Ordinance. (2) To hear and decide special exceptions to the terms of this Ordinance upon which it is required to pass under Section 16-200 of this Ordinance. (3) Tb authorize upon appeal in specific cases such variance from the terms of the Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship, and so that the spirit of the Ordinance shall be observed and substantial justice done. Appeals to Board of kdjustment. Appeals to the Board of Adjust- ment may be taken by any person aggreived or by any officer, department or board, of the City of La Porte affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of procedure of the Board of Adjustment, by filing with the admin- istrative officer from whom the appeal is taken and with the Board of hdjustment a notice of appeal specifying the Brounds thereof. The administrative officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. -42- . . e. ~..-~..- , .,.."' .~: 16-105 16-106 16-107 16-108 16-109 . . When hppeal Stays All ProceedinGs. An appeal stays all proceed- inGs in furtherance of the action appealed from, unless the administrative officer from whom the appeal is taken certifies to the Board of adjustment after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed other- wise than. by a restraining order which may be cranted by the Board of Adjustment or by a court of record on application on notice of the administrative officer from whom the appeal is taken and on due cause shown. Time for and Notice of Hearing of Appeal. The Board of Adjust- ment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in intereet, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by aGent or by attorney. .Action on hppeal. In exerc1s1ng the powers set forth in Sub- section 16-10}, the Board of hdjustment may, in conformity wi th the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, deci- sion, or determination as ouGht to be made, and to that end shall have all the powers of the administrative officer from whom the appeal is taken. Applications for Special Exce~tions and Variances. All appli- cations for special exceptions to the terms of this ordinance and for variations from the terms of this Ordinance slLall be in v~iting and shall specify the facts involved, the relief de- sired, and the GTOunds therefor. Each such application shall be filed with the administrative officcr who after investigation shall transmit such application together with his report to the Board of Adjustment within ten (10) days after the filill(; of the application with the administrative officer. HearinGS on hpplications for Special Exceptions and Variances. The Board of adjustment shall fix a reasonable time for the hearing of all applications for special exceptions and variances, give public notice thereof, as well as due notice to the parties .in interest, and decide the same within a rcasonable time. Upon the hearing any party may appear in person or by agent or by attorney. -43- ~ . . . . 6" . e SECTION 16-200 SPEcIAL EXCEPTIONS .'UID V.ARI4\NCES 16-201 16-202 16-203 Grantinc of Special Exceptions. The Board of 'Adjustment is hereby empowered to permit the followill6 exceptions provided its action is in harmony with the general pUrpose and intent of this Ordinance and does not injure the health, safety, morals, or the General welfare of the occupants of nearby properties. (1) Permit such modifications of the height, yard area, spacing and parkinG regulations as may be necessary'to secure appropriate development of a parcel of land of such unusual topoGraphy or restricted ~rea and shape that it cannot be appropriately developed without such modification. (2) Permit such modification of the parking regulations as may be warran~ed by the unusual character of a proposed use. (3) Permit the use of a lot or lots in a residential or a COr.lmunity Unit District, which lot (or lots) is adjacent to a commercial or industrial district, even if separated therefrom by an alley or by a street, for the parkinc; of passenger cars under such safeuuards and conditions as may be desirable to protect the more restricted adja- cent and nearby properties, provided no other business use is made of the lot. (4) Grant a permit for the extension of a use into an adjoining district, where such extension would constitute a noncon- formillG use and where the lot upon which the existing use is situated extended into the adjoininG district and is in siIl61e ownership at the time this Ordinance is adopted. (5) Permit the reconstruction of a buildinG occupied by a non- conforminG use provided such reconstruction does not prevent the return of such property to a conformillG use. (6) Determine in cases of uncertainty the classification as to district of a use not specifically named in this Ordinance, provided, however, that such use shall be in keepinG with uses specifically named in the district regulations. GrantillG of Variances. '!he Board of ~"djustment is hereby authorized upon appeal fro~ the decision of the administrative officer to grant in specific ~es such variance from the terms of this Ordinance as will not be 'Contt'ary to the public interest, where, owinc to special conditions, a literal enforcement of the provisions of 'tbis Ordinance will result. in uMecPRRnry hardship, and s.o that the spirit of this Ordinance shall be observod and substontial justice done. : Limitation on Special Exceptions and Variances. ~~ special exception or variance autlLorized by the Board of hdjustment shall constitute authority to authorize the issuance of a zonillG permit or n certificate of occupancy, as the case may be~ if applied for withiXl. one hundred twenty (1.20) days from tbla dtl.te of favorable action on the part of the Board of Adjustment, unless such Board of Adjustment authorizes a lonGer period. If the zoninG permit or certificate of occupancy shall not have been applied for with~n said l20-day period, or such extended period as the Board of <i~djustment may have authorized, then the grant of the special exception or variance shall terminate. Such ter- mination shall be without ~ejudice to a subsequent application to said Board of Adjustment in 'accordance with the 'rules and regulations reGardinc applications. No application to the Board of Adjustment shall be allowed on the same piece of property prior to the expiration of six months from a ruliIl(; of the Board of Adjustment on any application to such body unless other -44- ' . . . . '< . .e SECTION 16- VOTE NECESS(~Y FOR .DECISION OF BOARD OF lJ)JUSTMENT The concurrill8 vote of four members of tho Board of It.djustl&1ent shall be necessnry to reverse any order, requirement, decision, or determination of the administrative office or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in this Ordinance. -46- . e .. property in the same block or within five hundred (500) feet thereof, within such six-month period, has been altered or changed by a rulin6 of the Board of Adjustment, in which case such chanBe or circumstances shall permit the allowance of such an application but shall in no wise have any force in law to compel the Board of hdjustment, after a hearing, to Grant such subsequent application, but such application shall be considered on its merits as in all other cases. . - . ~~- ..;: . . . . .... . . SECTION 16-400 NOTICE OF PUBLIC HEJ\RINGS BEFORE THE BOlLRD OF :.DJUSTMENT. n~e notice of public heari'ngs provided for in this section shall be ziven by publication once in a newspaper of general circulation in the City of La Pvrte stating the time and place of such hearinss, which time shall not be earlier than ten (l.O) days from the date of such publication, and in addition thereto, the Board of ~djustment shall mail notices of such hearing to the petitioner and to all o\vners of property lying within two hundred (200) feet of any point of the lot or portion thereof, on which a special exception or variance is desired, and to all other persons deemed by the Board of Adjust~ent to be affected thereby; such o\vners and persons shall be determined according to the last approved tax roll of the Ci ty of La Porte. Such notice r.JUy be served by depositing the sa.t:le, properly addressed and postage paid, in the City Pvst Office. o -47- . . - . So . e SECTION 16-500 APPEALS FROM. T~ ~AAD OF ADJUSTMENT. . Any person or persons, jointly or severally, a~crieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the City of La Porte may present to a court of record a petition for a writ of certiorari, as provided by ~\rticle lOllS of the Revised Civil Statues of Texas, duly verified, settina forth that such decision is illegal, in whole or in part, specifyiD.{; the grounds of the ille~ality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board of Adjustment. '-48- . .. .. -- . rfli) . . :.RTICLE SEVENTEEN: AMENDMENTS TO THE ZONING ORDINANCE SECTION 17-100 .~I~S~. The City Commission may from time to time, on its own motion or on petition, amend, supple~e~t, ch~~e, codify, or repeal the reoul~tions, restrictions, and boundaries herein established. In adCition, a co~prehe~sive review of the zoning ordinance text ~d ~ps shall be ~de by the City Pl~~~no and Zoninc Commission at le~st every fivo (5) years, c.n~ ~ report c.nd recom~e~antion thereon shall bo filed with tho Mbyor nnd City Co~~issio:~. The five-year time period shall co~e:lce upon the d:::.te of adoption of tIlis Ordi:m;~ce. 17-101 17-102 17-103 17-104 Public He~ri~ Before the City Planninb and Zoning Commission. Before tc.king any action O:'l any proposed ~~endme~t, supplement, cha.nce, or modi fico. ti.on, the Ci ty Cocl.':\ission silllll s1.lbmi t the Sc.:le to the Ci ty Pl:l1"'.llinc; ana. ZOlung Cotu:1ission which shall Ck~e n preliminary report cn~ hold ~ public heariIlb hereon be- fore subci. ttino i to fil'la.l report to the City Comcission. Notice of Public HeariIlf; Before City Plarmi.IlQ Zonil"-S Cur.u:1issio:'l. Writtei notice of all public hearinGs beforo tho City Pl~40i:lB nr.d Zoning Coccission on proposed ch~6es in classificntion sh=.ll be SOl~t to owners of reuJ. property lyi~6 wi thin two hunclred (200) feet of the property O:'l which the cho..J.Ge in clo.ss- ific~tio~ is proposed, such notice to be ;iven, not less ~ ten (10) ~\Ys before the date set for hearing, to all such owners who ha.ve rendered their scid property for city t=.xes as the ovmership appeo.rs on the last approved city trot roll. Such r~ticc coy be served by ~epositiD6 the same, properly addrossed and pOGta.c:;e paid, i:'l the City Post Office. Whero property lyiIlb within two hu.~dred (200) feet of the property proposed to be chanc- ed is located in territory which was an.~exed to the City after the final date for maki.Il(; the renditions which are included on the last approved city tax roll, at least fifteen (15) days notico of the tine and place of such heurinG shall be published once in a newspaper of ~eneral circulation in the City of La Porte. In the event a public hearing shall be held by the City Plan- ning and Zollinc Comr:ti.ssion in regard to a change of the La Porte Zonine Ordinance not involvinr; particular property but involvi~ a cha:'-oe in the Ordinal:ce Bcnerally, notice of such heariIll; shall be given by publication once in a newspaper of ~e:lera.l circulation in the City of La Porte statinG the time and place of such hearing, which time shall not be earlier than fiftee~ (15) Cays from the day of such publication. Public Hoaring Before City Co~ission. A public hearine shall be held by the City Co~ission bef~ adoptinc any prorosed amendment, 6upplecent, change, modification, or repeal of the regulationG, restrictions, and boundaries herein established. Nvtice of such hearing shall be given by publication o~ce in a :lewspaper of ceneral circul::.tion in the City of L.~ Pu:t'te, st~ti~ the time an~ pl~ce of such hearin6, which tioe shall not bo eaz'lier than fifteen (15) days froe the day of such publicatio~. i\. .. Joint He~ri:~ns of City Cvf1i:lissiol-: ~~d C:, ty P !~"l.~i;.; a::~l_Zo:'liI1,R Co~~ission. l~y public hearing required by this Ordinance to be held by either the City Commission or the City Pl~~ne and Zo~aiU6 Co~~ssion~, at the electio~ of the City Curnmission or.d after due notice as hereinbefore set forth in Sub-section 17-102, bo held a.s a joint public hearir.g of both the Cl ty COJ:l- aissio~ and the City Pla~~~~ and Zonir~ Cummission, but tho City Co~osion sholl not take action until it ha.s received the fi~l report of the City Pia.:.-:nir-s =d ZOnil-:g Co::J!:1ission. The City CoI:Jr.ti.ssion shall a.ct upon such motion or petition within sixty (60) days froo the date the final report of ~~o C~ty Plc.n- ni:~ an~ Zoning Cu~~ssion was submitted to the City Coomission. -49- ... ." . . ...-.' " .~ "'~ 17-105 . e Protests. In case of a protest against any such noen~ent, supplement, chaneo, or repeal of the resulations. restrictio~s, and bouncaries horein establishe,~, filed vdth the Zolli11B ~dminis- trator and signed by the owncr~ of twenty (20) por ce:...t or Clore, ei theI' of the arca of the lots included in such propose~ cha.~e I or of those imI:1ediately adjacent in the rear thereof cxte.lcliIl{; tv/o hundrod (200) fect therefrom, or of thoso directly opposite, thcreto extendir.; two.hundred (200) feet from the strcet frontage of such opposite lots, such arne~daent, supplement, chap~c, modification, or repcal shall not become effectivo exccpt by the favorable vote of three fourths (3/4) of all the members of City Cumoission. -50- ;:; ..-",""",, . . .~ -.' '..r . It ARTICLE EIGHTEEN: ENFORCEMENT SECTION 18-100 PEN.u,'l'Y .FOR VIOIu~TIONvilND OTHER REMEDIES 1&-101 Misdemeonor and Fine. Any person or corporation who shall violate any of tho provisions, requirements, ond regulations of this Ordinance or fail to comply with any of the requirements thereof, or who shall build,- use, alter any buildinc, or use any land or buildinc in violation of any deta.i.led .statemen~ or plan submitted and a.pproved hereunder, or in a rnqnner not permitted by 0. certificate of occupancy or 0. zoninG permit, shall be GUilty of a misdemeanor and shall be liable to fine not to exceed two hundred ($200) dollars. 'Each da.y such violation exists shall constitute a separate offense. 18-102 .. ,Other Remedies IncludinG Injunctive Relief. In case any buildinG o~ structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any buildinG, structure, or land is used in violation of this Ordinance, the proper autho~ities of the City of La Porte, in addition to other remedies, may institute any appropriate action or proceedinG to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said buildina, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. -51- .,. ~ -~ ~..-. '... .-- .. . - '.. .... o. ARTICLE NINE1EEN: EFFECTIVE DATE SECTION 19-100 EFFECTIVE DATE 19-101 . This amended Ordinance shall become effective from and after its passage, approval, and the publication of its caption, as provided by law. PASSED AND APPROVED, this the ,5 ~ 196L-. ATTEST: By: ~~~~r~~- CJ.ty Clerk . APPROVED: ~'t(/. City Attorney -52- day Of~~",~, CITY OF LA PORTE Ar / ('It., ,.,.,~ o .f ,,,'1. --.- --- ~ - SPILhlAIltS IS L A lit 0 LEWIS ) "," ~ ~ 'j ,;t. Of. .'" H 'f - 'J:'" - I' 0 ~ y ....;0- j>. B ?> 0 --I- I ~ ~ :1 ~ ..' ~ 335 80 A ed lb~l~!\ :r!~~! ~~! :;\~;:;l~~l "f8--'~.,.-tt-;;j-~.~, ,,' . ",-'-,.-,------y.r - "j: i ! ,II I~, 1 /O?/A, i061t106A i 106A 'S.::,., N,al lCIt141dB.No",1I1 I06~'" 252 Clark, T, I 3J A $", II"~.,,.II / ~ ......< .... . ~ I T '''.11 U,. Edt/,. sr. JI A. J N. rt1l1~ E.f. .. und.I/21'" _,.,/i,....C..-lInd.I/2",'. '- + a 0 S U __,_-'_ __ _J_ '7T --- --6T 7- JJM flul Clofl 35.66 A fy Fir. Hl/llt1f'H ",iff ItIC. ,I/ttI. ChomDen- HClfri~ county 1_ fOliO.' ...t tnore at G.~ 80y stlI,J Df .~ 00 6 2.lA .. .. ~ i ~ .~ .... .. ",;; ~ ~ ..,'" : .;: . ~ , .. ~ ," ~ ~" ~ ~ ~ ~ ... ~ ~ ~} .... i ~ ...,I~ ... ! ~ Q - '" ~ \~ \\ \~ f \ -t- .L ~_J, + j7!64Z~ Undf-r rMrrocf of so/~ I:; i..;;",r,;}OIt' Plo?;] C...."p uf'fil 959 A of ~ole Cor~ ,;," 25/ ~ \\ ~ '1 ~ c~.. ~,~ @';I.\".1.~' T-< -of-way) 10. ...+ I!lJ 86 Ac H"," .0n,Tr. .. ---L ~~ , ...~ ~ ~! .~ ~t ~'" :~ (V -:: I: ~~ /, ~~ IIG; \ ~:!\ "'1: II A: ~ . 0'" ?! , II ~"I 41 A .I; .It''' A./:;:; (EDS' __" L_.'......,{.,. - k~~;I;.;t i{~ :'.,' . .;:.~.}~.- 44~ .~. '- MAP DISTRICT LEGEND family dwelling and residential district.i family dw.Uino an~d residential distrtct. ~nt and com'j,,"cial al count, Itn_ of GalV.sfo >"" ~ (C"amb.rs- Hor q tS ...ur SMre lin 80)' in tnit ar.a @"1'....' __-4 --r- \ ~I 87 Ac i '--- -----+---- ,."...x/ ,{' i ~_/ i/ /~ , , Eddh I t / ~\ " j if '; ; NSTR MCK A-47 ~ \ I I ~---~r..J A - 643 t Ikovndn Our Porlr Ind.,_ SCIM)Of DtsrrtC'V ~. 201 Ac. M'$' N V Pill'" . ".fln;n9 CII. ~ 15223 Ac ---------- , - - - .- - - - - -- CJ I ~~j / +jf' ;, c '-',,----- '-~ '-.. -I --/ /' / 00 ~ y / / 8, G ~~ ~ ',- A. 88 4818 ~ "1,,,00 @ .' Ec<;' "<NP cS'~ ~~ and 01 Hlimble 1 , I \ ""------- \ '-. \ 4734 72 Ac Humol. 01'\ and \ 7 I( ~ I l' .,\ ~~<' ~~~~~:;o o~o.,~t.b,b oo\<'~ --- ~;ZT Ac \ Jf~ l~tI "",ftm, \~ ~ = = d'= ~ = = = = ~ " r -:;-= ::. ::::-=~ WM DOBIE 11.""." Oil 8 A-I h6 11""'."6 Co Z;J7'JIf T I I HOUSTON YACHT CLue ;:) BEACON (19331 J'/7 ~// ---::.=.::- ,',-.:= = - - - '. I, :' lirf,,,,,,. Co i Of HtJ",bl.