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Home My WebLink AboutO-2002-1501-XX REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Dou2; Kneupper/Gwen Goodwi Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Agenda Date Requested: October 14, 2002 Department: Plannin2 Report: _Resolution: _ Ordinance:~ Exhibits: Ordinance Exhibits A - L SUMMARY & RECOMMENDATION Since February 11, 2002, there has been a moratorium on construction of mid to high density residential development for the purpose of reviewing current regulations and possibly adopting new regulations. The moratorium is set to expire on October 24,2002. At Council's September 23, 2002 meeting, a public hearing was held. During the public hearing, there was testimony from developers regarding the potential impact of the 2500' "separation" provision that is part of the proposed ordinance. Council tabled adoption of the proposed regulations so that additional consideration could be given to the "separation" provision. Staff has provided exhibits that demonstrate the differences between the original 2500' separation, and other separation distances of 1000' and 500'. As an additional option, Council could eliminate this "separation" provision completely. Action Required by Council: 1. Remove this item from the Table 2. Consider adoption of an ordinance updating the zoning ordinance regarding mid and high density residential development Approved for City Council A2enda )0 /;o/e;; A Date I { ORDINANCE NO. 1501- ..~ ~ AN ORDINANCE AMENDING CHAPTER 106, BY AMENDING SECTION 106-1, "DEFINITIONS", ARTICLE I. "IN GENERAL"; BY ADDING NEW SECTION 1 06-150, "BOND AND INSURANCE REQUIREMENTS", ARTICLE II. "ADMINISTRATION", DIVISION 4, "PERMITS"; BY AMENDING SECTION 106-331, "TABLE A, RESIDENTIAL USES" AND AMENDING SECTION 1 06-333 "TABLE B, RESIDENTIAL AREA REQUIREMENTS", AND AMENDING SECTION 1 06-334, "SPECIAL USE PERFORMANCE STANDARDS; RESIDENTIAL" AND AMENDING SECTION 1 06-394, "SPECIAL REGULATIONS AND PROCEDURES", ARTICLE III. "DISTRICTS", DIVISION 2. "RESIDENTIAL DISTRICT REGULATIONS"; AND BY AMENDING SECTION 106-441. "TABLE A, COMMERCIAL USES" AND SECTION 106-443 "TABLE B, COMMERCIAL AREA REQUIREMENTS", ARTICLE III. "DISTRICTS", DIVISION 3. "COMMERCIAL DISTRICT REGULATIONS"; AND BY AMENDING SECTION 106-771. "YARD REQUIREMENTS", ARTICLE V. "SUPPLEMENTARY DISTRICT REQUIREMENTS", DIVISION 3. "AREA REQUIREMENTS"; AND BY AMENDING SECTION 106-835. "DESIGN STANDARDS", ARTICLE VI. "OFF-STREET PARKING", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 30th day of May, 2002, at 6:00 p.m., a special called public hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question of the possible amendment of the Zoning Ordinance as herein described. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, the publisher's affidavit of publication of notice of said hearing. ORDINANCE NO. 1501-ii Page 2 Section 2. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning & Zoning Commission, by letter dated June 27, 2002, a true copy of which letter is attached hereto as Exhibit "B," and incorporated by reference herein, and made part hereof for all purposes. Section 3. The City Council of the City of La Porte hereby finds, determines and declares that on the 23rd day of September, 2002, a public hearing was held before the City Council of the City of La Porte, Texas, pursuant to due notice, to consider the recommendation of the City of La Porte Planning and Zoning Commission. There is attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made a part hereof for all purposes, the publisher's affidavit of publication of notice of said hearing. Section 4. The City Council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, and hereby determines and declares that the amendments to Chapter 106, Articles 1, 3, 5, and 6 of the Code of Ordinances of the City of La Porte, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's comprehensive plan. Section 5. Article I, Definitions of the Code of Ordinances of the City of La Porte, Texas are hereby amended with the language contained in Exhibit "0", which is fully incorporated by reference herein, and which shall hereafter be incorporated into the Chapter 106 of the Code of Ordinances of the City of La Porte, and which shall hereafter read as indicated on said attached Exhibit "0". Section 6. Article II, Administration, Division 4. Permits, of the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding new Section 106- ORDINANCE NO. 1501-11- Page 3 150, Bond and Insurance Requirements, containing the language contained in Exhibit "E", which is fully incorporated by reference herein, and which shall hereafter be incorporated into the Chapter 1 06 of the Code of Ordinances of the City of La Porte, and which shall hereafter read as indicated on said attached Exhibit "E". Section 7. Article III, Districts, Division 2, Residential District Regulations, Section 106-331 Table A, Residential Uses, Section 106-333, Table B, Residential Area Requirements, and Section 106-334, Special use Performance Standards; Residential, Section 106-394 Special Regulations and Procedures of the Code of Ordinances of the City of La Porte, Texas are hereby amended with the language contained in Exhibits "F", "G", "H" and "I", respectively, which are fully incorporated by reference herein, and which shall hereafter be incorporated into the Chapter 106 of the Code of Ordinances of the City of La Porte, and which shall hereafter read as indicated on said attached Exhibits "F", "G", "H" and "I"" respectively. Section 8. Article III, Districts, Division 3, Commercial District Regulations, Section 106-441 Table A, Commercial Uses, and Section 106-443, Table B, Commercial Area Requirements, of the Code of Ordinances of the City of La Porte, Texas are hereby amended with the language contained in Exhibits "J" and "K", which are fully incorporated by reference herein, and which shall hereafter be incorporated into the Chapter 1 06 of the Code of Ordinances of the City of La Porte, and which shall hereafter read as indicated on said attached Exhibits "J" and "K". Section 9. Article V, Supplementary District Requirements, Division 3, Area Requirements, Section 106-771 Yard Requirements of the Code of Ordinances of the City of La Porte, Texas is hereby amended with the language contained in Exhibit "L", which is ORDINANCE NO. 1501-a. Page 4 fully incorporated by reference herein, and which shall hereafter be incorporated into the Chapter 106 of the Code of Ordinances of the City of la Porte, and which shall hereafter read as indicated on said attached Exhibit "l". Section 10. Article VI, Off-Street Parking, Section 106-835, Design Standards of the Code of Ordinances of the City of la Porte, Texas is hereby amended with the language contained in Exhibit "M", which is fully incorporated by reference herein, and which shall hereafter be incorporated into the Chapter 1 06 of the Code of Ordinances of the City of la Porte, and which shall hereafter read as indicated on said attached Exhibit "M". Section 11. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. Section 12. All rights or remedies of the City of la Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of la Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of la Porte. ORDINANCE NO. 1501 ~'RL Page 5 Section 13. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 14. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 15. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE) I-pI- DAY OF Q}fo W ,2002. CITY OF LA PORTE BY~!,~ ~/~ RMAN MALON , Mayor ORDINANCE NO. 1501-f1.. Page 6 ATTEST: APPRO~:D: ! By: (~fi!~~ KNOX W. ASKINS, City Attorney a: o ~o 00 a:fn 20 :1:2 io~ '~ :I: im rn ifn ~ i )0 , -< public hearing at 6:00 P.M, on the~"y of May, 2002, in the Council Chambers of the City Hall, 604 West Fairmont Park. 82051 way, La Porte, Texas. The La Por f~~~~:d~r t~~f~~go~~,'./, .. dinance No. .1501 of the ",:;."<.;.;. ._..........._:,:::.:;:}.;;/; :.::::~:.:':.:<:::~':........ City of La Porte, pertaining ".".""""""""""': ':.'. . ......, . to mid to high density resi- '11:' . '3' . .... .:.. d~ntial, develop~ent. ~he .',... ." . ..: :.:".i .:;::.~::-:: ,", City of La Porte IS seeking .. H" .. .' . . ", :: . .. ':.. .';:: TI~~ ~~:~~~o~ntN~s~~-~~'!ii;>;!,!!ii;:i.ii[ii'.".",'.:.,:.':"":"""""'1" .: :';i::;~"':::',:::::;;":~;;:;;!':; ~~.oPted by the City Coun- a.:.....,.....""'~'..:.<>...s'?'....:.~. ...........;:'::D./:.....:;:;......: re ~ .:.: . :';'. -', .:. - -/. ,:~.;.: , . A special cal~ed ":,?':';;:,.:..,.:.:}::}:.;..:::::}{::.).~:.\:} ~~7:~~~~~~hi~~~i~::~~':"\\!:';':!!~':'::::i.:l:1:!::!1:!;!::i~::i;!Ii.i.~;I;'I:il!'I'::i:!;::I::!i,:::/'. Ing for the purpose of act- . J B.... 'J" ........ AS' 194' ing upon e pub hear- mg T u ays wre rea znce 7 ing ite and t con~ other m It s e inin to City of La P the Com I$si , - - COUllty Or H Citiz S\'h;~~ State of Tex to address the c~mis- sion pro or con during the Public Hearing will be re- Before me ' quired to sign in before the rthority on this date I meeting is convened. ' came and a. '. 3110gg, a duly authorized representati CITY OF LA PORTE ) Sun, a semi-weekly newspaper I Martha Gillett lrally distributed in the City Secretary City of La PI>., .'!.i. Texas and who after being c..THIS FACILITY HASDIS- the attached notice was published inABILITY ACCOMMODA- dated U 5/1 r /~.oo;;- " TIONSAVAILABLE. RE. 'I QUESTS FOR. ACCOM- MODA TIONS FOR IN- THE STATE OF TEXAS TERPRETIVE SERVICES A T MEETING SHOULD COlJ~TYOFHARRis . ~~/O~A~~ ;~E H~~::' ING. PLEASE CONTACT . THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471- 5030 FOR FURTHER IN- FORMATION. ~~ riUr'Sf CITY OF LA PORTE NOTICE OF PUBLIC HEARING In. accordance with the provisions of Sec- tion 106.171 of the Code of Ordinance of the City of La Porte, and the provi- sions of the Texas Local b 'b d b f th' fI,.III Government Code, notice j scn e e ore me IS L is hereby given that the La .J., Porte Planning and Zoning A /} f;. Commission will conduct a.;.L,.-(~\...,t.d./-.' ,'P:, .~ Karolyn Kellogg Authorized Representative A ..,9- .j day of ~<:~"'<-;'Y'J'~A_- .,/ . L1 . /"./"'-"'Lt:~... ~-t_,..~ :l- t ...~/. ,(.,-~ C'~.' - .... . - ,~~,; Sandra E, Bumgarner Notary Public Harris County, Texas 281-471-1234 Fax: 281-471-5763 Sun , 2002. B1iiuIAIT 4 City of La Porte Established 1892 ] ,..,..., ""00"" une L. I, L. L. Honorable Mayor Norman Malone and City Council City of La Porte Dear Mayor Malone: During a special meeting on May 30, 2002, the La Porte Planning and Zoning Commission, held a public hearing to consider additional regulations for mid to high density residential development. The Planning and Zoning Commission, by unanimous vote, forwarded our recommendations for your review. This item has appeared on the Council's June 10th and 24th agendas as a workshop item, and it will appear on the July 8, 2002 agenda for your consideration. Respectfully submitted, ~~~~ Planning and Zoning Commission, Chairperson c: Robert T. Herrera, City Manager Jolu1. Joerns, Assistant City Manager John Armstrong, Assistant City Attorney Planning w1.d Zoning Commission Doug Kneupper, Director of Planning 604 W. Fairmont Pkwy. · La Porte, Texas 77571 . (281) 471-5020 iEXHlsrr B PUBLIC NOTICES ~ THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING accordance with the provisions of Sec- tion 106-171 of the Code of Ordinances of the City of La Porte, and the provi- sions of the Texas Local Government Code,' notice is hereby given that the La Porte City Council will con- duct a public hearing at 6:00 P.M. on the 23rd day of September,. 2002, in the Council Chambers of the City Hall, 604 West Fairmont Parkway,. La Porte, Texas. The piJrpose ~~:.i~9g~.iJf:. ~ to high dens~1 ential development. The . ity of La Porte is. seeking this amendment based - on' Resolution #2002-20 adopted by City Council. "A r~g~lar rTieet~ ing of the City Council will ..... . follow the.. public hearingC for the purpose. of acting upon the public . hearing items and.to conduct other' , matter pertaining to City Council. Citizens wishing to address the City Council pro or con during the Pub- lic Hearing will be required' to sign in before themeet- ing is convened. CITY OF LA PORTE Martha Gillett City Secretary Street ; 77571 281-471-1234 Fax: 281-471-5763 ~ ~ ;':';';';';.:.;-;.;.:. .... .... ............:):;:;}i;;:::::::::.;.;.;.:...:-:.;...;.:.:....:....... .. ...... :......~::..:...:.'~~',',.::.:.., " .l!ii ", B&1Siire SUD ,<:lili/iiii:;t)i::::::::;!;Ui;::::;::m:::f:::g:::::,!:{tfw ..;;-;::;.::::.......:-..:.:.:::.;.:::;.::.;.;.:.:.;.:.:.;.;.:.;.;.:;:-:.:.:.:.:.;.;.;.. '\::::::!::i::!!:!!::::!!.i::)'ii.;:'::i;;i:.:ii:i:::!!I;}Jv" 'Serving The Bayshore Area Since 1947' rsigned authority, on this date Karolyn Kellogg, a duly authorized 3 Bayshore Sun, a semi-weekly j and generally distributed in the ris Coun.ty, Texas and who n, swears the attached notice was 'shore Sun dated~ '7/ CS? /~c(J~.. , J(~ ~CtIJe .~lt. Karolyn Kellogg Authorized Representative " day of JJ.$-rl<--/~,,- . i/ /4l.--t-~-1..""'v A, ~-<-'Y"' ~~/1.."1.U""""""'" Sandra E. Bumgarner () Notary Public Harris County, Texas , 200 2. j before me this / t.., "'[1! THIS FACILITY HAS DIS. ABLED ACCOMMODA. TlONS AVAILABLE. RE. QUESTS FOR ACCOM. MODA TIONS FOR IN. TERPRETIVE SERVICES A T MEETINGS SHOULC BE MADE 48 HOURS PRIOR TO THE MEET. ~..................................................~ . ING. PLEASE CONTAC7 X THE CITY SECRETARY'S BUMGARNER ~ OFFICE AT 281-471. ;C STATEOFTEXAS ~ 5020 OR TOO LINE 281. '\SS\ON EXPIRES ~ 471-5030 FOR FURTHEFi L 30 2006 X INFORMATION. ' :r...................j) :r......................................./.: g.........................................../........................../.: ') EXHIBlT C EXHIBIT "0" ARTICLE I. IN GENERAL Sec. 106-1. Definitions. The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context indicates a different meaning: Abutting means having property or district lines in common, or two objects in immediate contact. Access means of approaching or entering a property, includes a right of passage to and from an adjacent street. Accessory structure means a detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located in the same lots as that of the principal structure or use. Accessory use or building. An "accessory use or building" is one customarily a part thereof, which is clearly incidental and secondary to permitted use and which does not change the character thereof, including but not limited to garages, carports, bathhouses, greenhouses, tool sheds, or swimming pools. Alley means a public way which, when at least 20 feet in width, may be used for vehicular service access to the back or side of properties otherwise abutting on a street or highway. Apartment. See dwelling, multi4amily. Bed and breakfast means a building, the primary use of which is a single-family residence, in which sleeping rooms are available for overnight rental, subject to the restrictions in section 106-744. Boardinghouse means a building, built and/or used for residential purposes, where meals for five or more persons are served for compensation. Buildable area means the area of the building site left to be built upon after the required yard area has been provided. Building means any structure built for the support, shelter, or enclosure of persons, chattels or property of any kind and which is affixed to the land. Building codes means all building regulations referred to as the Southern Building Code Congress International (S.B.C.C.I) as amended from time to time and adopted under the city Code of Ordinances. Building inspector means the designated chief building official of the city or his designated representatives. Also see enforcing officer. Building line. See setback line. Building permit means an instrument in writing signed by the building inspector authorizing described construction on a particular lot. Refer to the Southern Building Code Congress International (S.B.C.C.I.) for additional information. Business frontage means the linear measurement of the side of the building which contains the primary entrance of the building. Carport means a roofed structure, freestanding or attached to another structure designed to provide covered parking for vehicles. A carport shall have no enclosing walls. A structure shall not be considered to be a carport unless it is located directly over a driveway. Clinic means an institution, public or private, or a station for the examination and treatment of patients by an individual or group of doctors, dentists, or other licensed members of a human health care profession. Controlled access highway means any thoroughfare which is a high volume freeway (without signalization on principal lanes) designed for four to eight main lanes and four service lanes with a right- of-way capacity that allows two to four additional lanes. Controlled access highway corridor means a corridor extending 500 feet to either side of the right- of-way of a controlled access highway as designated on the city's land use map. Notes: The definition of Controlled Access Highway (with some minor rephrasing) was taken from Volume One, Section 1.3 of the city's comprehensive plan. Controlled access highway corridors are established on the city's land use map and designated by a cross hatched highlight. State Highway 225 and New State Highway 146 are the only thoroughfares within the city presently designated as controlled access highways. Interim sign regulations. Signs located within a controlled access highway corridors shall be limited to a maximum height of 65 feet. Commercial amusement or recreation means an enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the gates of the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent show, ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and similar enterprises. Commercial motor vehicle means any motor vehicle designed or used for the transportation of persons or property for hire, with a rated carrying capacity in excess of one ton, including every vehicle used for delivery purposes. Common property means a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Condominium means two or more dwelling units on a lot with individual ownership of a unit rather than a specific parcel of real property; together with common elements. See V.T.C.A., Property Code 81.001 et seq., and the building code adopted in section 82-31. Conservation area means a designation on the land use and zoning maps representing an area of natural undeveloped land, characterized by scenic attractiveness. When so designed, all conservation areas require a minimum setback of 20 feet from the edge of the stream or bayou bank, right-of-way line, or other natural features. Convalescent home means any structure used or occupied by three or more persons recovering from illness or receiving geriatric care for compensation. Comer lot means a lot abutting upon two or more existing or proposed street rights~of-way at their intersections. Curb means a restraint located upon the edge of a parking lot, not necessarily continuous, that restrains automobiles or other vehicles from access to an adjoining street, sidewalk, alley way, adjacent property, or other adjoining use. As defined in this chapter, the term "curb" includes a generic precast concrete curb stop. Density means the measure of a degree to which land is filled with units designed to accommodate a particular use as such use is set forth in this chapter. Measurements allow inclusion of internal streets and public ways required to be dedicated in calculating density per acre. Streets dedicated, improved and accepted prior to platting or the property shall not be counted. Developed site area means that area which is being developed as per definition by the development ordinance. Development ordinance means the city development ordinance, being Ordinance No. 1444, together with any amendments thereto. Director means that person holding the position of director of the planning department for the city or his designated representative. District means a zoning district which is a part of the city wherein regulations of this chapter are uniform. Dormitory means a space in a unit where group sleeping accommodations are provided with or without meals for persons not members of the same family group in one room or in a series of closely associated rooms under joint occupancy and single management, as in college dormitories, fraternity houses, military barracks, and ski lodges. Duplex means a building built for, occupied by, or intended for the occupancy of two families, and containing two dwelling units. Dwelling means a building or portion thereof other than manufactured housing or recreational vehicles, designed and used exclusively for residential occupancy, including one-family dwellings, two- family dwellings, and Tl'll.lRi-family dwellings, but not including hotels, motels or lodginghouses. Dwelling, attached means a dwelling which is joined to another dwelling at one or more sides by party wall or walls. Dwelling, detached means a dwelling which is entirely surrounded by open space on the same building lot. Dwelling, single~family means a residential building, other than manufactured housing or recreational vehicles designed for occupancy for one family only. Dwelling, multi-family means a residential building designed for occupancy of three or morc f3miliesrl1ore.thahfour.faniilies, with the number of families not to exceed the number of dwelling units. Dwelling, two~family. Refer to duplex. Dwelling unit means a single unit providing complete, independent living facilities for one or more person including permanent provisions for living, sleeping, eating, cooking and sanitation. Efficiency apartment means an apartment without a bedroom separate from other living quarters. Enforcing officer means the chief building official of the city or his designated representative. Family means any number of related persons or, not more than four unrelated persons living as a single housekeeping unit. Fence means a man made structural barrier erected on or around a piece of property or any portion thereof. Floor area means the sum total area of all floors as calculated from measurements to the outside walls. Foundation system means an assembly of materials constructed below, or partially below-grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of exterior natural forces, as defined by the Standard Building Code. Such foundation system shall be skirted or enclosed with wood, or masonry to give the appearance of a solid foundation, if one is not provided, compatible with the appearance of adjacent housing. Freestanding sign means an outdoor sign supported by uprights or braces placed in or upon the ground, or mounted on a vehicle, trailer, or mobile structure principally used for the purpose of advertising or display of information. For the purpose of this chapter, a portable sign shall be considered to be a freestanding sign. Garage, private means 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 an accessory. Garage, public means 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. Glare means emitted light which exceeds 60 footcandles. Grade means a referenced plane representing the average of finished ground level adjoining the building and all exterior walls. Grand opening means the formal offering by a new business of its goods, wares, merchandise, service, entertainment, or activity. Greenway corridor means a publicly owned system of trails and walkways, patterned in the open space and pedestrian system plan, and is designated on the land use map, park zone map, and zoning map of the city, that link existing and proposed neighborhood, community, and regional parks with each other and other proposed activity areas of the city. These trails and walkways, are in their majority within existing right-of-way, but may be within proposed right-of-way to be acquired by the city. Greenway corridors are a special use site, as said special use site is defined in the city's development ordinance, section 12.07. Group care facilities means residential facilities designed to provide a transition from traditional treatment facilities to normal daily living for special populations such as the mentally retarded, physically handicapped, or substance users. These facilities include but are not limited to half-way houses and group homes. . Hardship means a determination made by the zoning board of adjustment in hearing a variance request in accordance with section 106-192. Height of building means the vertical distance from grade to the highest finished roof surface in the case of flat roofs, or to a point at the average height of roofs having a pitch of more than 2.5/12; height of a building in stories does not include basements and cellars, except as specifically provided otherwise. Home occupation means an occupation limited to custom production, repairing, and servicing, conducted at a dwelling unit, provided it conforms to the requirements in section 106-749, and provided that said occupation does not involve general retail sales. Home owners association means an incorporated, nonprofit organization operating under recorded land agreements through which (a) each lot and/or homeowner in a planned unit or other described land area is automatically a member, (b) each lot is automatically subject to charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and (c) the charge, if unpaid, becomes a lien against the property. Hospital, sanitarium, nursing or convalescent homes mean a building or portion thereof, used or designed for the housing or treatment of sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, or apartment hotel ordinarily intended to be occupied by said persons. Identification sign means any sign which carries only the firm, business or corporate name, the major enterprise on the premises, or the principal products offered for sale on the premises. Industrial housing and buildings means a residential or commercial structure that is constructed in one or more modules or constructed using one or more modular components, built to the specifications of the Texas Department of Licensing and Regulation (T.D.L.R.) Rules and Regulations and designed to be placed on a permanent foundation system consistent with the above requirements. Such industrialized house or building must bear a T.O.L.R. approved decal or insignia permanently affixed to each transportable section or component of each industrialized house or building to indicate compliance with the state standards. An industrialized house or building is not a mobile or manufactured home as defined herein. Landscaped means adorned or improved by contouring land and placing thereon live flowers, shrubs, trees, grass, wood, stone, and ponds or streams. Light truck means any truck, as defined in this chapter, with a limited manufacturers rated carrying capacity. This definition is intended to include those trucks with such rated carrying capacity being not in excess of one ton, panel delivery trucks and carryall trucks. Loading berth means a parking area provided for commercial motor vehicles, designed for the receipt or distribution by such vehicles of materials or merchandise to or from the use to which such parking area is accessory. Lot area per dwelling unit means the lot area required for each dwelling unit located on a building lot. Lot, corner means a building lot situated at the intersection of two existing or proposed street rights-of-way, the interior angle of such intersection not exceeding 135 degrees. Lot coverage means the area under roof on any given lot. Lot, depth means the mean horizontal distance between the front lot line and the rear lot line of the building lot measured within the lot boundary. Lot, interior means a building lot other than a corner lot. Lot line means a boundary of a building lot. Lot line, front means that boundary of a building 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 adjacent and opposite, respectively to the front lot line. Lot line, rear means that boundary of a building lot which is most distant from and is, or is most nearly parallel to the front lot line. Lot line, side means any boundary of a building lot which is not a front lot line or a rear lot line. Lot of record means an area of land designated as a lot on a plat of a subdivision recorded pursuant to statutes of the state with the county clerk or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the county clerk. Lot, residential large means a homesite for a single-family home that is comprised of at least one acre (43,560 square feet). Minimum lot width shall be 100 feet. Lot, single-family dwelling, special means any residential lot for single-family dwelling purposes with an area of less than 6,000 square feet, but greater than 4,500 square feet. Lot, through means a building lot not a corner lot, both the front and rear lot lines of which adjoin street lines. On a through lot both street lines shall be deemed front lot lines. Lot, width means 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. Manufactured housing means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 feet in length, or, when erected on-site, is 320 or more square feet in size and which is built on a permanent chassis and designed to be used as a dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Such manufactured housing mayor may not be constructed under H.U.D. specifications. Manufactured housing parks means a development under single ownership intended for the rental or leasing only of manufactured housing units. Manufactured housing subdivision means a subdivision designed andlor intended for the sale of lots for residential occupancy by manufactured housing meeting H.U.D. specifications as established under the National Manufactured Housing Construction and Safety Act. Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. Multi-family residential deveJopmen within one or more structures. This includes ans the use of a lot for more than four dwelling units, partment complex. National Manufactured Housing Construction and Safety Act of 1974 means the federal act which governs the standards for construction, design, and performance of manufactured homes or mobile homes built in the United States since June 15, 1976 defined as homes meeting H.U.D. specifications. New business means a project or undertaking which involves the use of any property, building, or structure, permanent or temporary, for the primary purpose of conducting in such building or structure or on such property a legitimate commercial enterprise or other nonresidential use, in compliance with all ordinances and regulations of the city and when such project or undertaking is new to the premises. Provided however, a change in ownership of at least 50 percent of the ongoing project or undertaking shall constitute a new business, for the purposes herein and, provided further, expansion of an existing building or structure shall constitute a new business if such expansion increases the size of the area devoted to primary use, in building floor square footage, by not less than 50 percent. Occupancy means any utilization of property. Office trailer means a structure, transportable in one or more sections which is built on a permanent chassis and intended to be used for office space or storage with or without a permanent foundation system and with or without utility connections. Off-premises sign means any sign which directs attention to any business, commodity, service or entertainment offered elsewhere than on the premises where such sign appears. On-premises sign means any sign which directs attention to a business, commodity. service or entertainment offered on the same premises where such sign appears. Open space means the area, excluding parking, street, alley, service walk or other service areas, but including any side, rear, or front yard or any unoccupied space on a lot that is unobstructed to the sky, except for the ordinary projections of cornices. eaves, porches or trellises. Developed open space shall be defined as recreational space developed with facilities for either active or passive recreation not within any required yard. Parking space means a surfaced area, designed to control dust and moisture, enclosed or unenclosed, sufficient in size to store one automobile together with a surfaced driveway connecting the parking space with the street or alley permitting ingress and egress of an automobile. A parking space or any requisite maneuvering area incidental thereto shall not occupy any public right-of-way. Party wall means a fire wall on an interior lot line, used or adapted for joint service between two buildings. Planned unit development means a land area characterized by a unified site design which (a) has individual building sites and provides common open spaces, and (b) is designed to be capable of satisfactory use and operation as a separate entity without necessarily having the participation of other building sites or other common property. The ownership of the common property may be either public or private. It may be a single planned unit development as initially designed; or as expanded by annexation of additional land area; or a group of contiguous planned unit developments, as separate entities or merged into a single consolidated entity. Pole trailer means every vehicle without motive power designed to be drawn by another vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transportation of long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. Political sign means a temporary sign announcing, supporting or opposing political candidates, dates or issues in connection with any national, state or local election. Portable sign means a sign which is not permanently and rigidly affixed or attached to the ground and is designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted on a trailer, wheeled carrier, or other nonmotorized mobile structure. This definition shall also include any vehicle or trailer parked so as to be visible from a public right-of-way for the primary purpose of advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. Public improvements criteria manual (P.I.C.M.) means the set of standards set forth by the director of planning and approved by the city council to determine the specific technical requirements for construction to public improvements. The manual may be acquired from the community development department, and is on file in the city secretary's office. Public parks means any publicly owned park, playground, beach, parkway, or railroad within the jurisdiction and control of the city. Public service sign means the following types of signs and no others shall be considered to be public service signs. (1) Signs identifying and naming the location of churches, schools and other nonprofit organizations; (2) Signs identifying and naming the location of public facilities; and (3) Community information signs which provide information regarding community functions and activities. Signs which display commercial advertising in conjunction with public service information shall not be considered to be public service signs except that a person, firm, or organization who donates or otherwise provides a public service sign may be identified on such sign in a means which is clearly incidental to the primary message. Quadraplex means four single-family dwelling units joined by common sidewalls, and/or common floors/ceilings. Ranch trailer means a vehicle with or without motive power other than a pole trailer designed for carrying livestock, ranch implements, or other moveable personal property attendant to the business or recreational use of the raising of livestock or crops. Reader panel means any and all portions of any sign on which text, graphics or pictures are displayed. In the case of double faced reader panels, only one side shall be considered in the calculation of sign size. Recreational vehicle means a camp car, motorhome, trailer, or tent trailer with or without motive power, designed for human habitation or recreational occupation, having less than 320 square feet. Rest home or nursing home means a private home for the care of the aged or infirmed or a place of rest for those suffering bodily disorders. Such homes do not contain facilities for surgical care or the treatment of disease or injury. Roofline means the height above finished grade of the upper beam, rafter, ridge or purfin of any building. Semi-trailer means every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Setback line means the closest point to any property line or utility easement which may be occupied by a structure. Setback, sign measurement means the closest point to any property line which may be occupied by any sign, as defined by this chapter. This point shall be determined by measuring perpendicularly from adjacent property lines. Shall is always mandatory; may is always permissive. Shipping containers means sealable shipping containers, designed for intermodal transportation, either with or without a permanent affixed chassis, used in intrastate, interstate and international commerce for the shipment of goods and merchandise. Shopping center or integrated development means a development consisting of two or more interrelated business establishments using common driveways and on-site parking facilities. Sight triangle means the triangular shaped area of clear visibility located at all intersections including private driveways. The area of the triangle shall be determined by engineering standards. Sign means any word, number, figure, device, design or trademark by which anything is made known, as used to designate an individual, firm, profession, business, or a commodity and which is visible from any public street. Refer to S.B.C.C.I. for additional definitions. For the purpose of this chapter, a sign is a structure. Single-famil esidential. development means a gr or detached).. This i ludes single family residential subdivlSI ingle':family dwelling units (attached Single-family residential, large lot means any single tract or lot comprised of at least 43,560 square feet of property, located in R-1 zone, whose primary use is for a single-family dwelling unit. Site area per unit means the total area, including public and private streets, for a proposed development divided by the total number of units proposed. Used to determine the maximum density permitted for a development. Site plan, certified means, in the case of all uses, a scaled drawing showing the use of the land to include locations of buildings, drives, sidewalks, parking areas, drainage facilities, and other structures to be constructed in relationship to surveyed boundaries. Such site plan shall be certified by a registered engineer or surveyor, licensed as such in the state. Under the terms of the development ordinance number 1444 on file in the city secretary's office, when a development site plan is required, such development site plan shall be prepared in accordance with the terms of such ordinance and shall be accepted as a certified site plan as required herein. Special exception means only those exceptions provided for under section 106-191. Standard Industrial Classification Code (SIC) means the numerical code established by the U.S. Department of Commerce and used in the Standard Industrial Classification Manual, 1987 as amended and supplemented. Street, private means a vehicular access way, under private ownership and private maintenance, providing access to buildings containing residential dwelling units without direct access to an approved public street right-of-way, or a public right-of-way, however designated, dedicated or acquired, which provides vehicular access to adjacent properties. Alleys, parking lots, and private driveways within shopping centers, commercial areas, or industrial developments shall not be considered as streets. Street, public means a public right-of-way, however designated, dedicated, or acquired, which provides vehicular access to adjacent properties. Street, thoroughfare means a public street designed for heavy traffic and intended to serve as a traffic artery of considerable length and continuity throughout the community and so designated on the city's thoroughfare plan. Structure means that which is built or constructed. Structure, principal means the principal structure which fulfills the purpose for which the building plot is intended. Substantial improvements means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure as determined by a licensed appraiser, either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, valuation before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences. Temporary sign means a sign not to exceed 18 inches by 24 inches in size which is intended for a limited period of display. Townhouse means one of a group of no less than three nor more than 12 attached dwelling units constructed in a series or group of attached units with property lines separating such units. Trailer means every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Truck means any motor vehicle designed, used or maintained primarily for transportation of more than nine persons or property. Truck tractor means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Used or occupied, as applied to any land or buildings, shall be construed to include the words "intended, arranged or designed to be used or occupied." Yard means an open space on the same building lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance between the building site and the lot line shall be used. A yard extends along the lot line and at right angles or radial to such lot line to a depth of width specified in the yard regulations of the zoning district in which such building lot is located. Yard, front means a yard extending along the whole of the front lot line between the side lot lines, and being the minimum horizontal distance between the front lot line and the front of the principal building or any projections thereof other than stairs, unenclosed balconies, or unenclosed porches. In the case of the lots directly adjacent to the shoreline of Galveston Bay, the front yard shall be the yard extending along the whole of the lot line directly adjacent to the shoreline of Galveston Bay, and along the horizontal distance between the front lot line and the front of the principal building or any projections thereof, other than steps, unenclosed balconies, or unenclosed porches. Yard, rear means a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies or unenclosed porches. Yard, side means a yard extending along the side lot line from the front yard to the rear yard, being the minimum horizontal distance between any building or projections thereof except steps and the side lot line. Zoning district map means the map or maps incorporated into this chapter as a part hereof by reference thereto. Zoning permit means a written instrument signed by the enforcing officer authorizing a use described in this chapter, in conformance with section 106-142. Words or phrases not defined in this section shall have their ordinarily accepted meaning as the context may imply. EXHIBIT "E" ARTICLE II. ADMINISTRATION DIVISION 4. PERMITS Sec. 106-141. Building permit application. Every application for a building permit shall be accompanied by a certified site plan in accordance with the terms of the development ordinance of the city, together with such other copies as the enforcing officer may require for city review, showing the lot lines, subdivision name and the lot and block numbers, the location of the building on the lot, accurate dimensions of building and lot, and such other information as may be necessary to provide for the enforcement of zoning regulations. This plan shall be prepared after the lot has been staked by a licensed surveyor. A record of the original copy of such application and plans shall be kept in the office of the enforcing officer and a duplicate copy of the approved plan shall be at the building at all times during construction. Sec. 106-142. Zoning permits. In order to ensure that all new construction and the use of all existing and new structures and the use of land shall comply with the terms of these regulations, a zoning permit shall be required in accordance with the rules in section 106-143. Sec. 106-143. Application for zoning permit. An application for a zoning permit shall be filed in the office of the enforcing officer on forms provided by the enforcing officer. Upon approval, a zoning permit shall be issued stating that the building or proposed use of a building or premises complies with the provisions of this chapter. A permanent record of all such permits shall be kept on file in the office of the enforcing officer, and copies shall be furnished, on request, to any person having proprietary or tenancy interest in the building affected. Sec. 106-144. Zoning permit to establish new use or change of use of property. No vacant land shall be occupied or used, except for agricultural purposes, and no building hereafter erected, reconstructed, altered, or enlarged, shall be occupied or used nor shall any building have a change in its use or occupancy until a zoning permit shall have been issued by the enforcing officer stating that the building or proposed use of the building or premises complies with the provisions of this chapter. Sec. 106-145. Zoning permit and building permit. A zoning permit shall be applied for coincident with the application for building permit; it shall be issued within ten days after the erection, addition, or alteration of such building or use has been completed in conformity with the provisions hereof, as determined by a final inspection. The enforcement officer shall not issue a zoning permit for any use or structure not in conformance with this chapter or any other ordinance of the city in accordance with state law. Sec. 106-146. Zoning permit for nonconforming uses, lots and structures. A zoning permit shall not be required but may be applied for and shall be issued for nonconforming uses, lots, or structures. However, in the event of any subsequent application or building permit or of any change in occupancy the enforcing officer may require other evidence that the nonconforming use, lot, or structure legally existed prior to the effective date such property became subject to the terms of these regulations. Sec. 106-147. Certificate of existing conforming uses. A zoning permit shall not be required but may be applied for and shall be issued for any existing use of land or structure which conforms to the requirements of these regulations. . Sec. 106-148. Utility connections; prior zoning permit approval required. For all new construction and the use of all existing and new structures, no public utilities under the city's direction and control shall be connected to such building or structure until the zoning permit approval required by this chapter has been granted. Sec. 106-149. Application fees. All written requests shall be accompanied by a filing fee sufficient to offset all costs of publication and notice required by statute or ordinance but in no event less than the amount established by the city council and listed in appendix A. Sec. 106-150.. Bond and Insurance Requirements. 1) . for developments of less than 100 units, $500,000. (b) Th serve as standard the City necessa disrep . build in (c) Each bond evidence of renewa ocableletter of credit shall be renewable every five years,. with urnished to the city. p curren e certificat of (e) Eac purcha policy naming $1,000,000.0 or the Ii apartment complex itself. ired to iability u nt of nd/orthe EXHIBIT "F" ARTICLE III. DISTRICTS DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS* Sec. 106-331. Table A, residential uses. Subdivision I. Generally P (ABC) -- Permitted uses (subject to designated criteria established in section 106-334). P -- Permitted uses. A -- Accessory uses (subject to requirements of section 106-741) C -- Conditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-334 as determined by the planning and zoning commission). * -- Not allowed. Uses (SIC Code #) Agricultural production, (011-019 crops) Agricultural production, (027 animal spe- cialties - breeding or sale) Bed and breakfast as defined by section 106-1 Breeding kennels, private stock, limited to dogs and cats, large lot residential Domestic livestock--Large lot Industrialized housing on a permanent foundation Single-family dwelling, detached Single-family dwelling, special lot Single-family dwellings, zero lot line (patio homes, etc.) ble bungalows elling units) Townhouses Conversion of single-family dwellings to duplexes (or no more than two-family dwellings) Tri-plexes and quadraplexes (three and four-family dwelling units) Multi-family (more than four dwelling units) Modular housing on a permanent founda- tion system as defined in section 106-1 Zones R-1 R-2 R-3 P P P C * * C C C A A C A A A P P P P P P * P P * P P * P P * PO> pm * P P MH P * c A P* P P * * * * P(I> P(I) * * PO) * P P P P Manufactured housing subdivisions re- .. C C P stricted to H.U.O. certified mobile homes; min. width 20 feet, min. shingled roof pitch 3: 12, permanentfoundation system; siding similar to surrounding residential Manufactured housing subdivisions (re- C .. P stricted to H.U.O. certified mobile homes on permanent foundation systems) Manufactured housing parks .. P(F, 0) Manufactured housing .. .. .. P Group care facilities no closer than 1,000 .. .. C .. feet to a similar use (836) Childcare home in private home (services P P P P no more than 6) Oaycare centers (services more than 6) .. P P P (835) Freestanding on-premises identification See article VII of this chapter sign; townhouses, multi-family develop- ments, group care facilities, subdivisions, education and religious facilities Residential PUO (refer to section 106-636) .. C C C Public parks and playgrounds P P P P Recreational buildings and community cen- C p P P ters (832) Religious institutions (866) C P(AB) P(AB) P(AB) Public or private educational institutions C P P P limited to elementary, junior and senior high (8211) Junior colleges and technical institutes .. C P (8222) Boardinghomes (7021) .. P P .. Civic, social and fraternal organizations .. .. C (8641 ) Convalescent homes, sanitarium, nursing .. P or convalescent homes (805) Private garages, carports and off-street A A A A parking (associated with residential uses) Storage of recreational vehicles or boats A A A A Storage of equipment in an accessory A A A A building or behind a screening device Home occupations A A A A Noncommercial greenhouses A A A A Noncommercial recreation facilities associ- A A A A ated with residence Toolhouses, sheds, storage building (non- A A A A commercial associated with residence) Boarding or renting of rooms (1 person A A A A max.) Off-street loading (refer to section 106-840) * * A Off-street parking (refer to See article VI A A A A of this chapter) Petroleum pipelines (restricted to existing P P P P pipeline corridors) Residential density bonus, as provided in C C C C section 106-334(g) Secondary dwelling units C P P * EXHIBIT "G" ARTICLE III. DISTRICTS DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS Subdivision I. Generally Sec. 106-333. Table B, residential area requirements. (a) Table B, residential area requirements. Maximum Lot Minimum Minimum Minimum Minimum Minimum Coverage / Lot Lot Yard Site Development Minimum Area / D.U. Width Setbacks Maximum Area / Unit Open Space / Landscaping Uses SF L.F. L.F. F.R.S. Height SF Unit SF Required B 2, 3, 4, 5, 6, 10 16 17 18 11,12, 13,14. 15 Single-family detached 6000 50 25-15-5 35 Ft. 9100 40%/N/A 4.8 Single-family large lot 43560 100 25-15-5 45 Ft. DU/A 30%/N/A 0 4356 1.0 Single-family special lot 4500 40 20-10-0 35 Ft. DU/A Footnote 60%/N/A line. 0 lot line 7300 #1 6.0 Duplexes 6000 60 25-20-20 45 Ft. DU/A Footnote 60%/N/A 8.0 #1 Single-family converted 6000 50 20-1 0-5 35 Ft. DU/A N/A 50%/N/A to multj.family N/A Townhouses, 2000 20 25-20-20 45 Ft. 4400 Footnote 75%/25% quadraplexes (10,000 s.f DU/A #1 of site area 100 ft. wide) 10.0 Multi-family 20000 100 25-20-20 45 Ft. 1600 ~ 60%/25% 14 Footnote QUIA #1 Manufactured housing 4500 40 20-10-5 25 Ft. 7300 Footnote 60%/6% 6.0 #1 QUIA Manufactured housing 100 of front N/A N/A N/A N/A N/ A/N/ A subdivision or parks (5 road frontage acre min.) Group care facilities (less 25-20-10 25 Ft. N/A N/A N/A/6% than 6) and day care homes Public or private educa- 30-20-10 45 Ft. N/A N/A N/A/6% tional and religious insti- tutions, large group care facilities, daycare cen- ters, recreational build- ings, boarding, and nur- sing homes Freestanding on-prem- ises signs See article VII of this chapter Table B footnotes. 1. Lot Size 5000 - 6000 Sq. Ft. 4000 - 4999 Sq. Ft. 3000 - 3999 Sq. Ft. 2000 - 2999 Sq. Ft. Required Developed Open Space / Lot 200 Sq. Ft. 300 Sq. Ft. 400 Sq. Ft. 500 Sq. Ft. a. Minimum size of developed open space: (i) tbt01ulti:.family....residential....developments: Milli01urn..of..250/c,..o{.the ...total....developrTIent ...reg ardless . .of...sizebf developrnellt. (ii) For townhouse/quadraplex developments: One-half acre for every 80 units or fraction thereof. b. All required developed open spaces must be operated and maintained by a homeowners association, subject to the conditions established in sections 106-676 through 106-679, with all documentation required to be submitted for filing in conjunction with the final plat. (See also the city development ordinance number 1444, section 4.04 which is on file in the city secretary's office.) 2. A minimum landscape setback of 20 feet will be required adjacent to all conservation areas. Buildings, parking areas, and refuse containers will not be allowed in such setback area. These areas are to be landscaped with trees, shrubs, and groundcover, with a planting plan required to be submitted and approved by the enforcement officer. 3. The minimum setback adjacent to any utility easement located in a rear yard, shall be three feet. No portion of any building including projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary. 4. Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of only one adjacent structure. In no case shall the minimum front yard setback exceed 30 feet. 5. All side yards adjacent to public R.OW.'s must be ten feet. 6. In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet. 7. D.U.A. is an abbreviation for dwelling units per acre, or the maximum density permitted. 8. All structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials constructed below or partially below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external forces as defined by the Standard Building Code, or in the case of industrialized housing, the requirements of the TDLS. Such foundation system shall be skirted or enclosed with wood or masonry to give the appearance of a solid foundation, if one is not provided, compatible with the appearance of adjacent housing, and subject to the requirements of the Southern Building Code. See article V, division 4 of this chapter for additional requirements. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. Il'ltliec;as~..of..l'l1l."ti+fal'l1ilyrtlsiCl~fltial.de\felop 9. 10. s with 50 or more units, said complexes must be lotated at least: 1.000 feet or more uni t opaque scr nsisting of shrubs and fencing. (See Sec. 106-334 (i) uired 25 foot setback, gle-family residential uired setback and the elopments, the buildings tial development shall be ents may be 3-stories in pments cannot r open space uti! 80 dwelling units. riteria. EXHIBIT "H" ARTICLE III. DISTRICTS DIVISION 2. RESIDENTIAL DISTRICT REGULA TIONS* Subdivision I. Generally Sec. 106-334. Special use performance standards; residential. (a) Landscape buffers. (1) A landscape buffer planted with grass or evergreen ground cover and also planted with trees shall be provided. No buildings or refuse containers shall be placed in such areas. (2) Standards: a. Minimum width of planting strip: Four feet. b. A planting plan specifying the location and species of trees to be planted as well as the type of grass or ground cover to be utilized shall be submitted for approval by the director or his duly authorized representative. (3) Screening will be required in the following situations: a. Parking areas for recreational buildings, community centers, religious, and private and public educational institutions. b. Manufactured housing parks and subdivisions screened from abutting uses. (4) Required screening will count toward the required percentage of landscaping. (5) Required landscaping must be maintained by the property owner and/or occupant. (b) Traffic control. The traffic generated by a use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards, or excessive traffic through low density residential areas. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding streets. Vehicular access points shall be limited, shall create q minimum of conflict with through traffic movements, and shall be subject to the approval of the director. The proposed development should be adequately served by a collector or arterial street without circulating through low density residential uses or districts in the following cases: (1) Junior or senior high school, junior colleges and technical institutes. (2) Manufactured housing subdivisions. (c) Compatibility with surrounding area. The architectural appearance and functional plan of the building(s) and site shall reflect the building character of the area and shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the development. The proposed development is to be compatible with the existing and planned use of the area and conflicts are not to be created between the proposed use and existing and intended future use of the surrounding area. (d) Required license obtained. All necessary governmental permits and licenses are secured with evidence of such placed on record with the city. (e) Compatible alterations and adequate parking. Adequate parking as required by Article VI of this chapter must be provided on the lot and not within any required front yard. Any exterior alterations must be compatible with the existing structure, and the surrounding neighborhood. (f) Manufactured housing criteria (manufactured housing parks only). A preliminary certified site plan must be submitted simultaneously with the submissions required in the mobile home park ordinance of the city and the city development ordinance, that illustrates compliance with the following: (1) Legal description and size in acres of the proposed manufactured housing park. Such park shall not be less than five acres. (2) Locations and size of all manufactured housing sites, dead storage area, recreation areas, laundry drying areas, roadways, parking sites, and all setback dimensions (parking areas, exact manufactured housing sites, etc.). (3) Preliminary landscaping plans and specifications. (4) Location and width of sidewalks. (5) Plans of sanitary sewer disposal, surface drainage, water systems, electrical service, and gas service. (6) Location and size of all streets abutting the manufactured housing park and all driveways from such streets to the manufactured housing park. (7) Preliminary road construction plan. (8) Preliminary plans for any and all structures. (9) Such other information as required or implied by these standards or requested by public officials. (10) Name and address of developer or developers. (11) Description of the method of disposing of garbage and refuse and location of approved solid waste receptacles. (12) Detailed description of maintenance procedures and ground supervision. (13) Details as to whether all of area will be developed or a portion at a time. (14) Density intensity regulations in compliance with Table 8, residential. (15) Compliance with the required number of off-street parking spaces. (16) All private streets shall be a minimum of 28 feet wide and constructed in accordance with the public improvements criteria manual. The layout of such private streets shall be subject to approval by the fire chief, to ensure adequate emergency access. (17) All manufactured housing shall have a minimum frontage of 20 feet on public or private streets. (g) Density bonus. vvithinsingle_farnilyireside:nti~l:de\lel()prl1el"1ts, a maximum of ten percent reduction in square feet of site area per unit for residential developments of 20 units or more shall be permitted as a conditional use based upon the following bonus features and square foot reduction: Bonus Feature Square Foot Reduction Per Unit (1) Major outdoor recreational facilities such as swimming pools, tennis courts or similar facilities requiring a substantial investment. 250 square feet (2) Designation of developed open space for semipublic use adjacent to designated public greenway corridors equal to an additional 100 square feet per unit. 100 square feet (3) All required developed open space must be operated and maintained by a homeowners association, subject to the conditions established in sections 106-676 through 106-679, with all documentation required to be submitted for filing in conjunction with the final plat. (4) The density bonus shall only be permitted per designated open space or major outdoor recreational facilities in excess of the requirements established in section 12.00 et seq., of the development ordinance number 1444, on file in the city secretary's office, including the credit given in section 12.02 for land dedicated by a developer within a development or subdivision for compensating open space on an acre per acre basis. (h) Bed and breakfast (as defined in sections 106-1 and 106-744): (1) Bed and breakfast shall be operated in accordance with the bed and breakfast and home occupation requirements of section 106-749. (2) Additional required parking shall not be provided in any required front or side yard. (3) Bed and breakfasts shall comply with the boardinghouse requirements of the currently adopted edition of the Standard Housing Code and Life Safety Code (NFPA 101). (i)' Additional multi-family regulations (1) " Screenin pa reenconsis' and/or m ust be created betwe adjacent to single-fa , residential developm , (a) Location - The requir building setback adj (b) Planting -At the time and create an opaque een four to six feet tall i. All shrubs must be approved by Planning Department officials. (2) Fencing. Every m '- mily development wi ' . located along all si butting or facing th abutting or facing single-family residential deve op r fence II sides (a). Construction,. maintenanc constructed and maintain r wall.. Everyfence or wall herein shall be rwrought iron. n three inches of the pliancewith all applicable (b) Gates at openings. in enclo necessa to equippe the requiremen (3). Recreational areas, facilities, and open space. nclosure which are lopment shall be tcordance with trolled access gates, ifutilized: (b) . . Must provide 24-hour acce EMS, Police Department an ncluding Fire Department, EXHIBIT "I" ARTICLE III. DISTRICTS DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS Subdivision IV. R-3 High Density Residential District Sec. 106.394. Special regulations and procedures. (a) Refer to articles IV, V, VI, and VII of this chapter, and refer to Section 106-334 (i). (b) AIlr"rlUltj-.fClrrlil9 developments with residential units more than 200 feet from a public street must meet the following private street design criteria: (1) Purpose. The purpose for the regulation of private streets and the standards established in this section are: a. To provide adequate vehicular access to all buildings and facilities by city police, fire, and solid waste department vehicles; and b. To provide for the safe movement of all vehicles from a private street to the public street system of the city. (2) Location. All portions of residential buildings must be within a 300-foot length, measured horizontally as a fire hose would lay, from a public or private street. (3) Width. The width of a private street shall be measured from edge to edge across the surface of the pavement. The right-of-way width and the pavement width of a private street are considered coterminous and the terms are used interchangeably. The minimum acceptable unobstructed width of any private street is 28 feet. If parallel parking is proposed along the private street, additional width may be required to accommodate such parking. (4) Dead ends, cul-de-sacs, and T or L-type turnarounds. Dead end private streets must be terminated by a circular cul-de-sac having a paving radius of not less than 40 feet or a T or L-type turnaround designed in conformance with the standards approved by the director. (5) Length of cul-de-sacs or dead end private streets. Dead end private streets must not extend further than 300 feet from the nearest right-of-way line of the intersecting public or private street measured along the centerline of said private street to the center of the cul-de-sac or the outer limit of the paving in the T or L- type configuration. (6) Construction. All private streets shall be constructed in conformance with the public improvements criteria manual. . Points of entry/exit: All multi-family developments shall contain a s of entry for ingress and egress of vehicle traffic from adjacent publi oroughfares. EXHIBIT "J" ARTICLE III. DISTRICTS DIVISION 3. COMMERCIAL DISTRICT REGULATIONS Sec. 106-441. Table A, Commercial uses. P (ABC) -- Permitted uses (subject to designated criteria established in section 106-444). P - Permitted uses. A - Accessory uses (subject to requirements of section 106-741). C - Conditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-444). '" -- Not allowed. Uses (SIC Code #) Zones CR NC GC P P All conditional uses in R-3 zone '" C C Agricultural service (076--078) '" '" P Amusements (791--799) C '" P Amusement (7993)1 C '" P Antique and used merchandise stores (5932) '" P P Arrangements for passenger transport (472) '" '" P Arrangement for shipping and transport (473) '" '" P (I) Apparel and accessory stores (561-569) C '" P Automotive dealers and service stations (551,552,553,555-559) * * P Automotive repair, services (751--754) * * P Banking (601--605) * '" P Building construction--general contractors (152--161) '" * P Building construction--special trade contractors (171--179) '" * P Building materials, garden supply (521--523, 526--527) * '" P Business services (731, 732, 736--738) '" '" P Business services (7359) '" '" P(A,B,C,O) Civil, social and fraternal organizations, (8641) C C C Communications (481--489) * * P Convenience stores (5411) '" P P Credit agencies (611--616) '" '" P Dog grooming * * P (H) Drugstores (591) * P P Eating and drinking places (5813) C * P Eating places (5812) C P P Electric, gas and sanitary services (491, 4923, 493, 494, 4952) * P P Engineering, architectural, accounting services (871--872) * P P Food stores, general (541, 542, 544, 545, 549) * * P Freestanding on-premises signs See article VII of this chapter Governmental and public utility buildings (911--922,9631,4311 ) C * P Grocery, fruit and vegetable stores (542, 543) * P P Hardware stores (525) * P P Home furnishing stores (571--573) * * p Hotels and motels (701,7032,704) C * P Hospitals, laboratories (806--809) * * P Insurance, real estate, legal, stock and commodity brokers, agents (641--679) * P P Laundry (plants) (7216--7219) * * p Membership organizations (861--869) * * P Miniwarehousing (4225) * * C Misc. retail (592, 593, 5948, 596--599, 5399) C * P Misc. repair services (762--764) * P P Misc. shopping (5941--5947, 5949, 5992--5994) C P P Misc. shopping (5995, 5999) C * * Motion picture theaters (7832) * * p Museums, art galleries (841--842) C * P Offices for doctors, dentists, etc. (801--805) * P P Passenger transportation (411--415) * * p Personal services (7211--7215, 722--729) * P P Recreational buildings and community centers C P P Reproduction, photography, and cleaning services (733--734) * P P Repair services (7699) (except tank truck cleaning) * * P Retail bakeries (546) * P P Securities and insurance (621--639) * * p Service stations (554) * P Service stations, excluding truck stops (554) C * P Underground pipelines (461) * P P Veterinary services (0742) * P P Video rental and sales shop * P P Parking ramps and structures C P P Commercial PUD (Refer to section 106-636) * C C Outdoor sales as a primary or accessory use * * P (C, G) Outdoor storage as a primary or accessory use C * P (8) Off-site parking C C C Off-street loading C C C Joint parking C C C Drive-in or drive through facilities as an accessory or principle use C C C Kennels, boarding (0752) * * C Kennels, breeding (0279) * * C Unlisted uses, similar to uses listed above C C C 1. Refer to chapter 10 of this Code. (Must be at least 300 feet from church, school or hospital.) EXHIBIT "K" ARTICLE III. DISTRICTS DIVISION 3. COMMERCIAL DISTRICT REGULATIONS Sec. 106-443. Table B, commercial area requirements. (a) Table B, commercial area requirements. Uses Minimum Landscaping Required 5 Minimum Yard Setbacks F.R.S. 1,3,4,6,7 Maximum Lot Coverage Adjacent to Residential Minimum Yard Setback F.R.S. 2,6 Maximum Height (feet) 6% Density Intensity Regulations Specified in Table B, Residential area requirements, section 106-333 Same as principle use Same as Principal Use See article VII of this chapter CR Comm. Recreation Dist.; all permitted or conditional NC Neighborhood Comm.; all permitted or conditional GC General Comm.; all permitted or conditional Outside sales or services 6% 50% 20-1 0-0 6% 40% 20-10-0 5-5-5 N/A N/A Outside storage N/A N/A 20-10-5 Freestanding on-premises signs Freestanding on-premises signs located in controlled access highway corridors 20-10-10 20-20-10 See article VII of this chapter (b) Footnotes to Table B. 45 45 N/A See section 1 06-444(b) 1. A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. These areas are to be landscaped with trees, shrubs, and groundcover, with a planting plan required to be submitted and approved by the enforcing officer. Required landscaping must be maintained by the property owner and/or occupant. 2. Screening is required in conformance with section 106-444(a). 3. All yards adjacent to public right-of-way must be a minimum of ten feet. 4. The minimum setback adjacent to any utility easement shall be three feet. 5. See article V, division 4 of this chapter for additional requirements. 6. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. EXHIBIT "l" ARTICLE V. SUPPLEMENTARY DISTRICT REQUIREMENTS DIVISION 3. AREA REQUIREMENTS Sec. 106-771. Yard requirements. The following shall not be considered as encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, etc. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, steps, stoops, and the like, provided they do not project more than four feet into any front or rear yard, and two feet into any side yard. (2) Terraces, decks, patios, etc. Terraces, decks, patios, or similar features, provided they do not extend more than one foot above the height of the exterior finish grade elevation, or to a distance less than two feet from any lot line, or encroach upon any utility easement. Further, pools shall not be considered as an encroachment on a front yard setback, provided that such pools are located in a front yard adjacent to Galveston Bay, and provided further that such pool does not extend more than one foot above the exterior finish grade elevation, or to a distance less than two feet from any lot line or encroach upon any utility easement. (3) Rear yards only. An unenclosed, attached patio cover, awning, or canopy, provided that no portion of such patio covers, awnings, or canopies shall encroach into any utility easements, or any vertical projection thereof, and provided further that no portion of such patio covers, awnings, or canopies shall be located at a distance less than five feet from the side property line or three feet from the rear property line, or any vertical projection thereof. (4) Front and side yard carports. Front and side yard carports shall be permitted for single-family detached homes subject to the following requirements: a. Carports in a required front or side yard shall not be located closer than five feet from any front or side property line. b. Carports located on corner lots shall not be located closer than 25 feet from an intersection. This distance shall be measured from the intersection of property lines common with street right-of-way lines. c. The maximum width of a carport located in a required front or side yard shall be 25 feet. EXHIBIT "M" ARTICLE VI. OFF-STREET PARKING Sec. 106-835. Design standards (also see Figures 10-1, 10-2 and 10-3). (a) Parking space size. Each standard parking space shall not be less than t n feet wide and 18 feet in length, eac . ADA accessiblepa space shall not be less than 14 .~ wide 0 feet in length, exclusiv access aisles, and each space shall be served adequately by access aisles oxcluoi'.'o of 3CCOGC :JiGloc, 3nd o3ch Sp3CO Gh311 bc corvod :Jdoqu:Jtoly (b) Within structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building of one structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert such parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter. (c) Circulation. (1) Except in the case of single-family, two-family and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single-family, two-family and townhouse dwellings, parking area design which requires backing into the public street is prohibited. equired isle is (d) Parallel parking spaces. In all cases, parallel parking spaces shall be 22 feet in length. Except in the case of single-family, two-family and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the standards contained in Figures 10-1 and 10-3. FIGURE 10-1 (See drawings) FIGURE 10-2 CURB AND DRIVEWAY CRITERIA, RESIDENTIAL DISTRICTS (R-1, R-2, R-3, MH) Driveway Requirements Drive width Curb return radius Distance from intersection Spacing between driveway Distance from side lot line Intersecting angle Approach grade For concrete drives only: a. Material 12' to 25' 2' to 5' 25' min.* 10' min. 3' min. 90 5% max. b. Expansion joint c. Curb (if applicable) Min. 4" thickness w/6 X 6-6/6 W.W.M. At property line Curb disappearing at property line Min. 3' from poles, hydrants, etc. Obstruction clearance * This distance shall be measured from the intersection of property lines common with street right-of-way lines. 106-835 LA PORTE CODE FIGURE 10-1 SCALE: l' = 40 ~ Zl.ct ---4' 90' r '4ct ~ ..J.- -r- r 10.0' eo' ~i'- I'-- 1M -}- 7SJf -+- 1M ~ { H.ct { . NOTEl · NOTEl 3.7' 42 42 ....,. * NOTE1: SO. or 45. PARKINC CONFIGURATIONS ARE MANDATORY FOR SENIOR HOUSING DEVELOPMENTS.