HomeMy WebLinkAboutOrd 2025-4044 amend Ch. 106 for fencing & landscapingORDINANCE 2025-4044
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS
RELATED TO COMMERCIAL LANDSCAPING REQUIREMENTS; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE
FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT:
Section 1. That Chapter 106, "Zoning," Article V. "Supplementary District Regulations", Division 4,
"Fencing and Landscaping Requirements", Section 106-800 "Commercial landscaping",
of the Cade of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety
and shall hereinafter read as follows:
"Sec. 106-800. - Commercial landscaping.
(a) Lot and setback standards.
(1) All opaquc screening walls and fences shall be set back at least 30 feet from the
right-of-way line of a specified major thoroughfare.
(2) All open storage areas, where permitted by the underlying zoning district, shall be
set back at least 30 feet from the right-of-way line of a specked major
thoroughfare."
Section 2. That Chapter 106, "Zoning," Article V. "Supplementary District Regulations", Division 4,
"Fencing and Landscaping Requirements", Section 106-801 "Alternative landscaping
option", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by
changing the title of said section from "Alternative Landscaping option" to "Landscaping
requirements", and which section shall hereinafter read as follows:
"Sec. 106-801. — Landscaping requirements
(a) Landscaping is required along the front property line and along the side property lines in a minimum
four feet wide planting strip. Corner lots shall be treated as having two front property lines. A certified
site plan and/or separate landscape plans shall be submitted in conjunction with building permit
applications. A landscape legend on the site plan shall include type, size, and number of plantings
existing and proposed at site. Approval of landscape requirements is a condition of building permit
approval. The perimeter landscaping requirements of this subsection are not applicable in the Main
Street District Overlay.
(b) Landscaping within public rights -of -way will not contribute towards a total required landscaping for
parking and open -space areas unless approved by the director. Landscaping on public property or
easements is at ownees risk and subject to the requirements of section 106-794 (fences and trees on
utility easements) of this chapter.
(c) Landscaping plans shall be developed using the following criteria:
(1) Location.
a. The required planting strip shall be located adjacent to the front and side property lines up
to the front of the primary structure of the site or the building setback line, whichever is
greater.
b. Trees within the planting strip. There shall be at least one shade two for every 30 linear feet
of from property. When overhead utility lines are parallel and adjacent to the planting strip
or run parallel within the planting strip, ornamental trees may be substituted for the required
street trees at the rate of one two for every 20 linear feet of front property. Trees shall be
planted within the plating strip in a boulevard type manner on center and uniform distance
from the curb or pavement.
C. Shrubs within the planting strip. When a perking lot is located between the building and
any adjacent right-of-way, shrubs are required in the planting strip adjacent to the right-of-
way and shall be spaced at three feet on center. At maturity, shrubs in a required planting
strip should form a continual evergreen hedge or row of 36 inches in height.
d. Landscaping shall be in accordance with the visibility triangle requirements in section 106-
311 (visibility triangle).
e. Parking lot requirements.
i. Parking lot with minimum 20 spaces shall provide a planter at the ratio of one for
every ten parking spaces.
ii. Planters (minimum 135 square feet) shall not abut on more than two sides of
required perimeter landscape area. Each required planter shall have one shade tree.
Trees shall be dispersed throughout the parking lot to maximize the shading effect
on the parking spaces. These trees are exclusive of trees planted around the
Perimeter of the parking lot.
f. When adjacent to residential, landscaping shall be required in accordance with section 106-
444(a) (screening).
(2) Types of plant and materials. Trees, flowering and non -flowering plants, shrubs, wood, timber,
stone, fountains, and ponds may be used for required landscaping.
a. Shade trees shall be a minimum of two-inch capper and shall be selected from city's
recommended native/protected trees and plants list. Ornamental trees shall be a minimum
of six feet in height at the time of planting.
b. Shrubs or hedgerow plains shall be no less than Eve gallons in size.
(3) Maintenance. Required landscaping must be maintained by the property owner and/or occupant.
Vehicles should not encroach upon perimeter landscape areas or planters. Wheel slops must be
provided along perimeter frontage to ensure no overhang or damage to landscape area.
(4) Irrigation. An irrigation system shall be provided to all landscaped areas subject to the following:
a. On developments greater than one acre, a pmgrammabic automatic irrigation system with
rain sensor devices shall he provided to all landscape areas.
b. On developments one acre or less, in lieu of a programmable automatic irrigation system,
a programmable hose bib system may be utilized when plant material is within 100 feet of
the hose bib.
c. An exception from the irrigation system requirements shall be allowed when utilizing
drought tolerant and native plants as identified by Texas A&M University's current table
for this region. 'These plantings must be established through manual irrigation for a
minimum of six weeks after planting.
(d) Commercial projects who follow the landscaping guidelines as described in this section (106-801) are
subject to additional facade requirements as described in article IX, divisions 1-3 of chapter 106
"Zoning" of the City of La Porte Code of Ordinances.
(e) Placement of landscaping shall be in accordance with the visibility triangle requirements of section
106-311 (visibility triangle).
(f) Screening for commercial and industrial uses adjacent to residential shall refer to the requirements of
section 106-444(a) (commercial performance standards)."
Section 3. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision
ofthe ordinance as it pertains to a violation of Chapter 106 "Zoning" of the Code of Ordinances
of the City of La Porte as hereinafter amended, 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).
Section 4. All ordinances or parts of ordinances of the City of La Porte, Texas, in conflict with any
provision contained herein are hereby repealed to the extent of any conflict.
Section 5. 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; and it is hereby declared to he the intention of this City
Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of
the fact that any other section, sentence, phrase, in clause, or part thereof, may be declared
invalid.
Section 6. The City Council officially finds, determines, recites, and declares that a sufficient written
notice of the date, how, 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 Act, 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 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be
published in the official newspaper of the City of La Porte at least once within ten (10) days
after the passage of this ordinance.
PASSED and APPROVED this, the 27^ day of January 2025.
CITY OF LA POR , T
Rick Helton, M or
APPROVED AS TO FORM:
T. 4-Az -s
Clark T. Askins, City Attorney