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HomeMy WebLinkAbout11-10-14 Regular Meeting of La Porte City Council LOUIS R. RIGBYDARYL LEONARD MayorCouncilmember District 3Councilmember District 3 JOHN ZEMANEKTOMMY MOSER Councilmember At Large ACouncilmember At Large ACouncilmember District 4Councilmember District 4 DOTTIE KAMINSKIDOTTIE KAMINSKIJAY MARTIN Mayor Pro-TemCouncilmember District 5Councilmember District 5 Councilmember At Large BCouncilmember At Large B MIKE CLAUSEN Councilmember District 6Councilmember District 6 DANNY EARP Councilmember District 1Councilmember District 1 CHUCK ENGELKENCHUCK ENGELKEN Councilmember District 2Councilmember District 2 CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte City Council to be held November 10, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held November 10, 2014, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, 2014, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION––The invocation will be given by Shane Klinkerman, First Assembly of God Church.The invocation will be given by Shane Klinkerman, First Assembly of God Church.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember Danny Earp.The Pledge of Allegiance will be led by Councilmember Danny Earp.   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a)Recognitions Recognitions -- City University Participants City University Participants -- Mayor Rigby Mayor Rigby 5.5.PUBLIC COMMENTSPUBLIC COMMENTSPUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) (Limited to five minutes per person.) (Limited to five minutes per person.) 6.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) (a)Consider approval or other action regarding minutes of regular meeting held on October 27, Consider approval or other action regarding minutes of regular meeting held on October 27, 2014 2014 -- P. Fogarty P. Fogarty (b)Consider approval or other action regarding a Resolution amending the City of La Porte, Consider approval or other action regarding a Resolution amending the City of La Porte, Texas; Investment Policy Texas; Investment Policy -- S. Wolny S. Wolny (c)Consider approval or other action regarding a Resolution authorizing the resale of certain tax Consider approval or other action regarding a Resolution authorizing the resale of certain tax delinquent properties located in Block 724, Lots 26, 27, & 28; Block 724, Lots 21 & 22 (located delinquent properties located in Block 724, Lots 26, 27, & 28; Block 724, Lots 21 & 22 (located thth on 16on 16, between Main and W. A St.) and Block 988, Lots 34 & 35; Block 988, Lot 3, (Lobit , between Main and W. A St.) and Block 988, Lots 34 & 35; Block 988, Lot 3, (Lobit north of Main), Town of La Porte north of Main), Town of La Porte -- K. Powell K. Powell (d)Consider approval or other action regarding the adoption of a Local Bidder Preference Policy Consider approval or other action regarding the adoption of a Local Bidder Preference Policy - M. DolbyM. Dolby (e)Consider approval or other action regarding proposed La Porte Fire Control, Prevention, and Consider approval or other action regarding proposed La Porte Fire Control, Prevention, and Emergency Medical Services District 2014-2015 budget amendment, as approved by the Emergency Medical Services District 2014-2015 budget amendment, as approved by the Board of Directors of the District at the meeting of October 20, 2014 - Board of Directors of the District at the meeting of October 20, 2014 -. D. d (f)Consider approval or other action authorizing the City Manager to execute an agreement for Consider approval or other action authorizing the City Manager to execute an agreement for participation in the Regional DWI Task Force and to amend the Fiscal Year 2014participation in the Regional DWI Task Force and to amend the Fiscal Year 2014--2015 Budget 2015 Budget to increase the Grant account to increase the Grant account -- K. Adcox K. Adcox (g)Consider approval or other action regarding the Fiscal Year 2014 audit/asset forfeiture report Consider approval or other action regarding the Fiscal Year 2014 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure Procedure -- K. Adcox K. Adcox (h)Consider approval or other action authorizing the City Manager to execute an amended Consider approval or other action authorizing the City Manager to execute an amended agreement between the City of La Porte and the La Porte Livestock Show and Rodeo agreement between the City of La Porte and the La Porte Livestock Show and Rodeo Association regarding the use of Designated Rodeo Arena and Facilities at Lomax Park Association regarding the use of Designated Rodeo Arena and Facilities at Lomax Park - R. EptingEpting (i)Consider approval or other action regarding an Ordinance amending Chapter 50 Consider approval or other action regarding an Ordinance amending Chapter 50 “Parks and RecreationRecreation””of the La Porte Code of Ordinances by adding Electrical Usage Fee and adjusting of the La Porte Code of Ordinances by adding Electrical Usage Fee and adjusting Reservation and Damage Deposit Fee, in connection with Rental and Livestock and Rodeo Reservation and Damage Deposit Fee, in connection with Rental and Livestock and Rodeo Arena Arena -- R. Epting R. Epting (j)Consider approval or other action authorizing Staff to accept quotes from Kraftsman Consider approval or other action authorizing Staff to accept quotes from Kraftsman Commercial Playgrounds & Water Parks for City splash parks Commercial Playgrounds & Water Parks for City splash parks -- R. Epting R. Epting (k)Consider approval or other action authorizing the City Manager to enter into a Professional Consider approval or other action authorizing the City Manager to enter into a Professional Services Contract with Cobb, Fendley & Associates,  Inc., for D Street and 4th Street Paving Services Contract with Cobb, Fendley & Associates,  Inc., for D Street and 4th Street Paving and Drainage Improvements and Drainage Improvements -- D. Mick D. Mick (l)Consider approval or other action regarding purchase of vehicle and equipment replacement Consider approval or other action regarding purchase of vehicle and equipment replacement through the HGAC Buy Board through the HGAC Buy Board -- D. Mick D. Mick (m)Consider approval or other action awarding Bid # 15003 for Fiscal Year 2015 Concrete Street Consider approval or other action awarding Bid # 15003 for Fiscal Year 2015 Concrete Street Repairs Repairs -- D. Mick D. Mick 7.PUBLIC HEARINGS AND ASSOCIATED ORDINANCESPUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a)Public Hearing to receive comments regarding recommendation by the Planning and Zoning Public Hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve an Ordinance amending Chapter 106, Commission to approve an Ordinance amending Chapter 106, ““ZoningZoning””    of the City of La of the City of La Porte Code of Ordinances in connection with a comprehensive review and update to Chapter Porte Code of Ordinances in connection with a comprehensive review and update to Chapter 106, 106, ““ZoningZoning””--T. Tietjens/E. EnseyT. Tietjens/E. Ensey (b)Consider approval or other action regarding an Ordinance amending Chapter 106 Consider approval or other action regarding an Ordinance amending Chapter 106 “Zoning”of the Code of Ordinances of the City of La Porte in connection with comprehensive review and the Code of Ordinances of the City of La Porte in connection with comprehensive review and update to Chapter 106 update to Chapter 106 ““ZoningZoning””--T. Tietjens/E. EnseyT. Tietjens/E. Ensey 8.DISCUSSION OR OTHER ACTIONDISCUSSION OR OTHER ACTION (a)Discussion or other action regarding the surcharge fee component of the City of La Porte Discussion or other action regarding the surcharge fee component of the City of La Porte Industrial Waste Ordinance Industrial Waste Ordinance -- D. Mick D. Mick (b)Discussion regarding the current parkland provisions of Development Ordinance 1444 as it Discussion regarding the current parkland provisions of Development Ordinance 1444 as it relates to assessing fees for individual dwelling units relates to assessing fees for individual dwelling units -- T. Tietjens T. Tietjens 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS •Zoning Board of Adjustment Meeting, Thursday, November 13, 2014Zoning Board of Adjustment Meeting, Thursday, November 13, 2014 •Planning and Zoning Commission Meeting, Monday, November 17, 2014Planning and Zoning Commission Meeting, Monday, November 17, 2014 •Thanksgiving Holidays, Thursday, November 27, 2014 and Friday, November 28, 2014Thanksgiving Holidays, Thursday, November 27, 2014 and Friday, November 28, 2014 •City Council Meeting, Monday, December 8, 2014City Council Meeting, Monday, December 8, 2014 •Christmas Holidays, Wednesday, December 24, 2014 and Thursday, December 25, 2014Christmas Holidays, Wednesday, December 24, 2014 and Thursday, December 25, 2014 10.10.COUNCIL COMMENTSCOUNCIL COMMENTSCOUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies or existing policies ––Councilmembers Earp, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Councilmembers Earp, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken and Mayor RigbyEngelken and Mayor Rigby   11.ADJOURNADJOURN The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws).Code (the Texas open meetings laws). In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATIONCERTIFICATION I certify that a copy of the November 10, 2014, agenda of items to be considered by the City Council was posted on the I certify that a copy of the November 10, 2014, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on November 4, 2014 .City Hall bulletin board on November 4, 2014 . Council Agenda Item Council Agenda Item November 10, 2014 November 10, 2014 1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION––The invocation will be given by Shane Klinkerman, First Assembly of God Church.The invocation will be given by Shane Klinkerman, First Assembly of God Church.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember Danny Earp.The Pledge of Allegiance will be led by Councilmember Danny Earp.   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a)Recognitions Recognitions -- City University Participants City University Participants -- Mayor Rigby Mayor Rigby 5.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) ****************************************************************** ****************************************************************** ***************************************************************** * ****************************************************************** /źƷǤ …ƓźǝĻƩƭźƷǤ tğƩƷźĭźƦğƓƷ wĻĭƚŭƓźƷźƚƓ In September 2014, the City began its inaugural City University class. Fourteen citizens signed up for the class 35,000 running smoothly on a daily basis. This unique opportunity gave participants hands on interaction with key City Staff, tours of City facilities, a closer look at the services the City provides, and a chance to ask questions about operations. The inaugural class of 2014 provided the City with citizen input and has shown our employees that we have great leaders who can help influence the direction the City takes in the future by serving on boards and commissions. We congratulate all of you for completing the course and look forward to working with you in the future. At this time I would like to recognize the following City University graduates: Alfred Baber Chad French Mary Gay Kim Guarino Linda Mather Nancy Ojeda Dan Parker Ronald Perry Ken Rose Aubry Sartori Brenda Thompson Edward Thompson George Watkins William Davis Council Agenda Item Council Agenda Item November 10, 2014 November 10, 2014 6.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) (a)Consider approval or other action regarding minutes of regular meeting held on October 27, Consider approval or other action regarding minutes of regular meeting held on October 27, 2014 2014 -- P. Fogarty P. Fogarty (b)Consider approval or other action regarding a Resolution amending the City of La Porte, Consider approval or other action regarding a Resolution amending the City of La Porte, Texas; Investment Policy Texas; Investment Policy -- S. Wolny S. Wolny (c)Consider approval or other action regarding a Resolution authorizing the resale of certain tax Consider approval or other action regarding a Resolution authorizing the resale of certain tax delinquent properties located in Block 724, Lots 26, 27, & 28; Block 724, Lots 21 & 22 (located delinquent properties located in Block 724, Lots 26, 27, & 28; Block 724, Lots 21 & 22 (located thth on 16on 16, between Main and W. A St.) and Block 988, Lots 34 & 35; Block 988, Lot 3, (Lobit , between Main and W. A St.) and Block 988, Lots 34 & 35; Block 988, Lot 3, (Lobit north of Main), Town of La Porte north of Main), Town of La Porte -- K. Powell K. Powell (d)Consider approval or other action regarding the adoption of a Local Bidder Preference Policy Consider approval or other action regarding the adoption of a Local Bidder Preference Policy - M. DolbyM. Dolby (e)Consider approval or other action regarding proposed La Porte Fire Control, Prevention, and Consider approval or other action regarding proposed La Porte Fire Control, Prevention, and Emergency Medical Services District 2014Emergency Medical Services District 2014--2015 budget amendment, as approved by the 2015 budget amendment, as approved by the Board of Directors of the District at the meeting of October 20, 2014 Board of Directors of the District at the meeting of October 20, 2014 -- D. Ladd D. Ladd (f)Consider approval or other action authorizing the City Manager to execute an agreement for Consider approval or other action authorizing the City Manager to execute an agreement for participation in the Regional DWI Task Force and to amend the Fiscal Year 2014participation in the Regional DWI Task Force and to amend the Fiscal Year 2014--2015 Budget 2015 Budget to increase the Grant account to increase the Grant account -- K. Adcox K. Adcox (g)Consider approval or other action regarding the Fiscal Year 2014 audit/asset forfeiture report Consider approval or other action regarding the Fiscal Year 2014 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure Procedure -- K. Adcox K. Adcox (h)Consider approval or other action authorizing the City Manager to execute an amended Consider approval or other action authorizing the City Manager to execute an amended agreement between the City of La Porte and the La Porte Livestock Show and Rodeo agreement between the City of La Porte and the La Porte Livestock Show and Rodeo Association regarding the use of Designated Rodeo Arena and Facilities at Lomax Park Association regarding the use of Designated Rodeo Arena and Facilities at Lomax Park - R. EptingEpting (i)Consider approval or other action regarding an Ordinance amending Chapter 50 Consider approval or other action regarding an Ordinance amending Chapter 50 “Parks and RecreationRecreation””of the La Porte Code of Ordinances by adding Electrical Usage Fee and adjusting of the La Porte Code of Ordinances by adding Electrical Usage Fee and adjusting Reservation and Damage Deposit Fee, in connection with Rental and Livestock and Rodeo Reservation and Damage Deposit Fee, in connection with Rental and Livestock and Rodeo Arena Arena -- R. Epting R. Epting (j)Consider approval or other action authorizing Staff to accept quotes from Kraftsman Consider approval or other action authorizing Staff to accept quotes from Kraftsman Commercial Playgrounds & Water Parks for City splash parks Commercial Playgrounds & Water Parks for City splash parks -- R. Epting R. Epting (k)Consider approval or other action authorizing the City Manager to enter into a Professional Consider approval or other action authorizing the City Manager to enter into a Professional Services Contract with Cobb, Fendley & Associates,  Inc., for D Street and 4th Street Paving Services Contract with Cobb, Fendley & Associates,  Inc., for D Street and 4th Street Paving and Drainage Improvements and Drainage Improvements -- D. Mick D. Mick (l)Consider approval or other action regarding purchase of vehicle and equipment replacement Consider approval or other action regarding purchase of vehicle and equipment replacement through the HGAC Buy Board through the HGAC Buy Board -- D. Mick D. Mick (m)Consider approval or other action awarding Bid # 15003 for Fiscal Year 2015 Concrete Street Consider approval or other action awarding Bid # 15003 for Fiscal Year 2015 Concrete Street Repairs Repairs -- D. Mick D. Mick ****************************************************************** ****************************************************************** LOUIS RIGBY DARYL LEONARD JOHN ZEMANEK TOMMY MOSER DOTTIE KAMINSKI JAY MARTIN DANNY EARP MIKE CLAUSEN CHUCK ENGELKEN MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE OCTOBER27, 2014 Monday,October27, 2014, 6:00 p.m 1.CALL TO ORDER 2.INVOCATION 3.PLEDGE OF ALLEGIANCE 4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) (b) (c) (d) 5.PUBLIC COMMENTS 19 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) (b) (c) (d) (e) (f) (This agreement was approved by City Council at the July 28, 2014, meeting) (g) (This item was pulled at the October 13, 2014 meeting) (h) MOTION PASSED. 29 Ordinance 2014-3545: Ordinance 2014-3546: Ordinance 2014-3547: 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) (b) 39 MOTION PASSED TO DENY. (c) (d) MOTION PASSED. Ordinance 2014-3548: (e) (f) 49 MOTION PASSED. Ordinance 2014-3549: 8. REPORTS (a) (b) (c) (d) (e) 59 (f) (g) 9. ADMINISTRATIVE REPORTS 10.COUNCIL COMMENTS 69 11.EXECUTIVE SESSION: Texas Government Code, Section 551.072 – Texas Government Code, Section 551.074– 13. RECONVENE MOTION PASSED. 79 14. ADJOURN 99 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: S. Wolny S. Wolny Requested By: Account Number:Account Number: Finance Finance Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Resolution1. Resolution 2. Investment Policy2. Investment Policy SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City Council of the City of The City Council of the City of La PorteLa Porte originally adopted an Investment Policy on January 13, 1992, by originally adopted an Investment Policy on January 13, 1992, by Ordinance No. 1802.Ordinance No. 1802.    The Investment Policy governs how the City will invest the CityThe Investment Policy governs how the City will invest the City’’s funds and outlines s funds and outlines administrative and legal guidelines for the Investment Officers to follow for the preservation of capital.administrative and legal guidelines for the Investment Officers to follow for the preservation of capital.    The The Public Funds Investment Act requires that a City must present the Investment Policy to Council annually for Public Funds Investment Act requires that a City must present the Investment Policy to Council annually for review or amendment.review or amendment.     The policy has been updated to reflect changes that were made to the Public Funds Investment Act during the The policy has been updated to reflect changes that were made to the Public Funds Investment Act during the last update.Additions have been highlighted in the policy and are summarized as follows:Additions have been highlighted in the policy and are summarized as follows:    1.Investment strategy has been added to the Objectives Section. (page 2)Investment strategy has been added to the Objectives Section. (page 2)       2.The Responsibility and Control Section (page 2) has been expanded regarding oversight responsibility of The Responsibility and Control Section (page 2) has been expanded regarding oversight responsibility of       the   Fiscal Affairs Committee and the City Manager.the   Fiscal Affairs Committee and the City Manager. 3.The Monitoring Section has been expanded (page 4) to include:The Monitoring Section has been expanded (page 4) to include:       a.Monitoring of credit ratings for investmentsMonitoring of credit ratings for investments       b.Monitoring FDIC status for mergers and acquisitions regarding CDsMonitoring FDIC status for mergers and acquisitions regarding CDs       4.Brokered CDs have been added under the allowable investments. (page 5)Brokered CDs have been added under the allowable investments. (page 5)       5.Wording regarding depository contracts and collateral has been added to the Selection of Financial Wording regarding depository contracts and collateral has been added to the Selection of Financial       Institutions. (page 6)Institutions. (page 6) 6.Items Q and R have been added to the Management and Internal Controls Section.Items Q and R have been added to the Management and Internal Controls Section.    These items address These items address       the monitoring of credit ratings and FDIC status for institutions and mergers for brokered CDs.the monitoring of credit ratings and FDIC status for institutions and mergers for brokered CDs.    (page 8)(page 8)   These amendments to the policy were discussed with the Fiscal Affairs Committee at the October 27, 2014 These amendments to the policy were discussed with the Fiscal Affairs Committee at the October 27, 2014 meeting.  The Fiscal Affairs Committee was unanimously in favor of recommending Council approval of the meeting.  The Fiscal Affairs Committee was unanimously in favor of recommending Council approval of the changes to the policy.changes to the policy. Action Required of Council:Action Required of Council: Consider approval or other action of a Resolution amending Investment Policy.Consider approval or other action of a Resolution amending Investment Policy.   Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate City of La Porte, Texas Investment Policy Adopted by the City Council Of the City of La Porte On January 13, 1992, by Ordinance No. 1802 Amended: November 1995 August 1997 City of La Porte, Texas November 2000 Michael G. Dolby, CPA February 2003 Director of Finance February 2005 October 2005 Shelley Wolny July 2009 Treasurer May 2011 October 2013 October 2014 POLICY I. It is the policy of the City of La Porte, Texas (the "City") to administer and invest its funds in a manner which will preserve the principal and maintain the liquidity through limitations and diversification while meeting the daily cash flow requirements of the City. The City will invest all available funds in conformance with legal and administrative guidelines, seeking to optimize interest earnings to the maximum extent possible. The purpose of this investment policyis to comply with all statutes governing the investment of the City’s funds, including the Public Funds Investment Act, Chapter 2256 of the Texas Government Code (the “ Act”), which requires the City to adopt a written investment policy regarding the investment of its funds and funds under its control. The Investment Policy addresses the methods, procedures and practices that must be exercised to ensure effective and judicious fiscal management of the City’s funds. SCOPE II. The City will strive to earn a return on funds invested at the highest investment return possible after taking in consideration the primary goals of preservation of principal and liquidity of funds invested, consistent with the policy objectives described below. This investment policy applies to the investment activities of the government of the City of La Porte, Texas. FUNDS INCLUDED The City’s funds, which are pooled together and constitute the investment portfolio, include all financialassets of all funds managed by the City, including but not limited to receipts of tax revenues, charges for services, bond proceeds, interest incomes, loans and funds received by the City where the City performs a custodial function. These funds are accounted for in the City’s Comprehensive Annual Financial Report (CAFR) and include: General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Funds Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. OBJECTIVES III. SAFETYThe primary objective of the City's investment activity is the preservation of capital and the protection of investment principal in the overall portfolio. Each investment transaction shall seek first to ensure that capital losses are avoided, whether they are from securities defaults or erosion of market value.The City will strive to minimize credit risk by limiting investments to the safest types of investments, prequalifying the financial institutions and broker/dealers with which the City conducts business, and diversify the investment portfolio so that potential losses on individual issuers will be minimized. To minimize interest rate risk, the City will ladder the portfolio and match investments with future cash requirements and invest operating funds in shorter, more liquid securities and investments. 1 LIQUIDITYThe City's investmentportfolio will remain sufficiently liquid to enable the City to meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets.Because all possible cash demands cannot be anticipated, a portion of the portfolio will be invested in shares of money market mutual funds or local government investment pools that offer same day liquidity. PUBLIC TRUSTAll participants in the investment process shall seek to act responsibly as custodians of the public trust. Investment Officials shall avoid any transaction that might impair public confidence in the City's ability to govern effectively. The governing body recognizes that in a diversified portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented. YIELD(Optimization of Interest Earnings)The City's cash management portfolio shall be designed with the objective of regularly meeting or exceeding the average rate of return on U.S. Treasury Bills at a maturity level comparable to the City’sweighted average maturity in days. The investment program shall seek to augment returns above this threshold consistent with risk limitations identified herein and prudent investment principles. INVESTMENT STRATEGY The City maintains a commingled portfolio for investment purposes which incorporates the specific uses and the unique characteristics of the funds in the portfolio. The investment strategy has as its primary objective assurance that anticipated liabilities are matched and adequate investmentliquidity provided. The City shall pursue conservative portfolio management strategy. This may be accomplished by creating a laddered maturity structure with some extension for yield enhancement.The maximum dollar weighted average maturity of 2 years or less will be calculated using the stated final maturity date of each security. RESPONSIBILITY AND CONTROL IV. Oversight Responsibility for the investment activity of the City of La Porte shall rest with the Fiscal Affairs Committee and the City Manager.They will designate investment officer(s), receive and review quarterly reporting, approve and provide for investment officer training, approve broker/dealers, and review and adopt the Investment Policy and Strategy at least annually. DELEGATIONManagement responsibility for the investment program is hereby delegated to the Director of Finance, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. SUBORDINATESAll persons involved in investment activities will be referred to as "Investment Officers." No person shall engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Finance. The Director of Finance shall be responsible for all transactions undertaken, and shall establish a system of controls to regulate the activities of Subordinate Investment Officers.All investment officers,including the Director of Finance,will demonstrate competence in the execution of the city’s investments. All Investment Officers will insure compliance with the investment program with ongoing training and evaluation by management. 2 PRUDENCEInvestments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of the person’s own affairs, notfor speculation,but for investment,considering the probable safety of capital and the probable income to be derived. Investment Officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. IMDEMNIFICATION The Director of Finance and the Investment Officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific investment’s credit risk or market price changes, provided that these deviations are reported immediately and the appropriate action is taken to control adverse developments. ETHICS DISCLOSURE AND CONFLICTS OF INTERESTOfficers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution and management of the investment program, or which could impair their ability to make impartial investment decisions. Employees and Investment Officers shall disclose to the CityManager any material interests in financial institutions that conduct business with the City of La Porte, and shall further disclose any personal financial or investment positions that could be related to the performance of the City's investment portfolio. Employees and Investment Officers shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the City of La Porte. An Investment Officer of the City of La Porte who has a personal business relationship with an organization seeking to sell an investment to the City of La Porte shall file a statement disclosing that personal business interest. An Investment Officer who is related within thesecond degree by affinity or consanguinity to an individual seeking to sell an investment to the City of La Porte shall file a statement disclosing that relationship. A statement required under subsection 2256.005(i) of the Actmust be filed with the TexasEthics Commission and the governing body of the City of La Porte. TRAININGInvestment Officers shall attend 10 hours ofinvestment training within 12 months after taking office or assuming duties, and 10 hours every succeeding two years that begins on the st first day of the fiscal year, which is October 1, and consists of the two consecutive fiscal years after that date. The investments training shall be provided from an independent source approved by the Fiscal Affairs Committeeto insure the quality and capability of investment management in . compliance with the ActFor thepurposes of this policy, an "independent source" is defined as a professional organization, an institute of higher learning or any other sponsor other than a Business Organization with whom the City may engage in investment transactions. Training shall be in accordance with the Act and shall include education in investment controls, security risks, strategy risks, market risks,diversification of investment portfolio,and compliance with statutes governing the investment of public funds. REPORTING V. Investment reports shall be prepared quarterly and be signed and submitted by the Investment Officers, in a timely manner. These reports will be submitted to the City Manager and City Council. This report shall describe in detail the investment position of the City, disclose the market value and book value of each fund group as well as each separate investment, and state the maturity date of each security and accrued interest for the reporting period. The report shall 3 include all information as required by Section 2256.023 of the Act. It must also express compliance of the portfolio to the investment strategy contained in the City’s Investment Policy and the Act. MONITORING The market price of each investment shall be obtained monthly from a source such as the Wall Street Journal newspaper,the City’s custodial bank,a reputable brokerage firm or security pricing service and reported on the investment reports. Investments with minimum rating requirements will be monitored for rate changes and liquidation of such investments will be determined at such time. Monitoring credit ratings – The Investment Officer shall monitor, on no less than a monthly basis, the credit rating on all authorized investments in the portfolio based upon independent information from a nationally recognized rating agency. If any security falls below the minimum rating required by Policy, the Investment Officer shall notify the City Manager of the loss of rating, and liquidate the investment within one week. Monitoring FDIC Status for Mergers and Acquisitions – The Investment Officer shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by the City based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered CDs are owned, the Investment Officer or Advisor shall immediately liquidate any brokered CD which places the City above the FDIC insurance level. INVESTMENTS VI. ACTIVE PORTFOLIO MANAGEMENTThe City intends to pursue active versus passive portfolio management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. AUTHORIZED INVESTMENTSThe following are authorized investments for the City andall are authorized and further defined by the Act. Only those investments listed in this section are authorized. A.Obligations, including letters of credit, of the United States or its agencies and instrumentalities;direct obligations of this state or its agencies and instrumentalities;other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United Statesor their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States; andobligations of states, agencies,counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent. (Section 2256.009 (a)of the Act) The following are not authorized investments under Section2256.009 (b)of the Act: obligations whose payment represents the coupon payment on the outstanding principal balance of the underlying mortgage-backed security collateral and pays not principal (Interest only bonded); obligations whose payment represents the principal stream of cash from the underlying mortgage-backed security collateral and pays no interest (Principal only bonds); 4 collateralized mortgage obligations that have a final stated maturity date of greater than 10 years; and collateralized mortgage obligations, the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. B.Fully collateralized certificates of deposit issued by a depository institution or an approved broker that has its main office or branch office in Texas, selected from a list adopted by the City, and guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor;secured by obligations authorized by this subchapter, or secured in any other manner and amount provided by law for deposits of the City. (Section 2256.010 of the Act) C.FDIC insured, brokered certificates of deposit securities from a bank in any USstate, delivered versus payment to the City safekeeping agent, not to exceed one year to maturity. Before purchase, the Investment Officer must verify the FDIC status of the bank on www.fdic.govto assure that the bank is FDIC insured. D.AAA-rated, or an equivalent rating, no-load money market mutual funds registered with and regulated by the Securities and Exchange Commission;havinga dollar-weighted average stated maturity of 90 days or fewer; andincludes in its investment objectives the maintenance of a stable net asset value of $1 for each share.(Section 2256.014 of the Act) The Fund must provide the Citywith a prospectus and other information required by the Securities and Exchange Act of 1934 (15 U.S.C. Section 80a-1 et seq.); The City is not authorized by Section 2256.014 (c) of the Actto: invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves in other funds held for debt service, in mutual funds described inthe Act (Section 2256.014); invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in the Act (Section 2256.014);or invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in the Act (Section 2256.014)in an amount that exceeds 10 percent of the total assets of the mutual fund. E.AAA-rated, or an equivalent rating by at least one nationally recognized rating service, constant dollar, investment pools as authorized by the City Council and as further defined by the Act, which invests in eligible securities as authorized by Section 2256.016 of the Act. EXISTING INVESTMENTSThe Investment Officer is not required to liquidate investments that were authorized investments at the time of purchase. Any investments currently held that do not meet the guidelines of this policy shall be reviewed to determine the ability to liquidate. An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. If the investment cannot be liquidated because of material adverse change in the value since the time of purchase, and holding the investment to maturity does not negatively affect disbursements or cash flow, a recommendation of holding said investment to maturity is acceptable. 5 MAXIMUM MATURITIES The maximum stated maturity, from the date of purchase, for any individual investment may not exceed 5 years and the maximum dollar-weighted average maturity for the pooled fund group (investment portfolio) may not exceed 2 years. DIVERSIFICATIONIt is the policy of the City to diversify its investment portfolios. Assets held in the pooled investment portfolio shall be diversified to eliminate the risk of loss resulting from over-concentration of assets in a specific maturity, specific issuer or specific class of securities. Diversification strategies shall be determined and revised periodically by the Fiscal Affairs Committee. FINANCIAL INSTRUMENTSMaximum allowable percentages of the total portfolio for investments are stated as follows: Investment TypeMaximum Limit 1.Investment Pools100% 2.Money Market Accounts10% 3.Certificates of Deposit60% 4.U.S. Government Securities80% 5.U.S.Agency Securities80% SELECTION OF FINANCIAL INSTITUTIONS AND BROKER DEALERS VII. SELECTION OF FINANCIAL INSTITUTIONSDepositories shall be selected through the City's banking services procurement process, which shall include a formal request for proposal (RFP) issued every five (5) years. In selecting depositories, the servicesavailable, service costs, and creditworthiness of institutions shall be considered, and the Director of Finance shall conduct a comprehensive review of prospective depositories’ credit characteristics and financial history. The depository contract will provide for collateral if balance exceeds FDIC Insurance amounts. The City shall select financial institutions from which the City may purchase certificates of deposit in accordance with the Act and this policy and will have a written depository agreement with the selected institution,which was approved by resolution of the Bank’s Board if collateral is required. The Investment Officer shall monitor the fiscal condition of financial institutions where certificates of deposit are held. AUTHORIZED FINANCIAL BROKER/DEALERS AND INSTITUTIONSThe Investment Officer shall maintain a list of broker/dealers and financial institutions authorized to provide investment services. These may include primary dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule). All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must submit: audited financial statements, proof of National Association of Security Dealers certification, and proof of state registration. Before engaging in investment transactions with a financial institutions or broker/dealers, the Investment Officershall havereceived, from a Qualified Representative of said firm, a signed Certification Form. (Exhibit B) This form shall attest that the individual responsible for the City's account with that firm has(1) received and reviewed the investment policy of the City; and (2) acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the City and the organization that are not authorized by the City’s investment policy, except to the extent that this 6 authorization is dependent on an analysis of the makeup of the City’s entire portfolio or requires an interpretation of subjective investment standards.Investment Officers of the Citymay not acquire or otherwise obtainany authorized investment described in the investment policy from a person who has not delivered a signed Certification Form. The Fiscal Affairs Committee shall at least annually review, revise, and adopt a list of qualified broker/dealersand other financial institutions that are authorized to engage in investment transactions with the City. (Exhibit A) COMPETITIVE BIDDINGAll investmenttransactions must be competitively transacted and executed with broker/dealers or financial institutions that have been authorized by the City. The City will obtain at least three competitive offers. Exception: New issues will not be required to be competitively transacted as all broker/dealers would show the same price and yield. COLLATERAL VIII. COLLATERALIZATION OF PUBLIC DEPOSITSCollateralization requirements are governed by the Texas Government Code Chapter 2257 (Public Funds Collateral Act). All bank deposits, certificates of deposit, and repurchase agreements shall be secured by pledged collateral. In order to anticipate market changes and provide a level of security for all funds, the required minimum collateral level will be a market value equal to noless than 102% of the deposits. Collateral levels should be monitored andmaintained by the financial institution. Repurchase agreements shall be documented by specific agreement noting the collateral pledged in each agreementand should be monitored daily. Collateral shall be reviewed monthly to assure the market value of the securities pledged equals or exceeds the related bank balances. Collateral shall always be held in the City’s name by an independent third party with whom the City of La Porte has a current custodial agreement. Evidence of the pledged collateral shall be maintained by a written agreement. A safekeeping receiptmust be supplied to the City of La Porte for any transaction involving sales/purchases/maturities of securities and/or underlying collateral, which the City of La Porte will retain. The right of collateral substitution is granted provided the substitution has prior approval of the City and is followed by the delivery of an original safekeeping receipt to the City, and replacement collateral is received prior to the release of original collateral. COLLATERAL DEFINEDThe City shall accept only the following securities as collateral: A.FDIC insurance coverage; B.United States Treasuries and Agencies; C.Obligations, including letters of credit, of the United States or its agencies and instrumentalities. D.Other securities as approved by the Fiscal Affairs Committee. SUBJECT TO AUDIT All collateral shall be subject to inspection and audit by the Director of Finance or the City's independent auditors. SAFEKEEPING AND CUSTODY IX. SAFEKEEPING AGREEMENTAll securities owned by the City shall be held in the City’s designated third party safekeeping. The third party custodian shall be required to issue safekeeping receipts to the City listing each specific security, description, maturity, cusip number 7 yield and/or coupon, market valueand other pertinent information. Each safekeeping receipt shall clearly indicate that the instrument is held for the City of La Porte. All safekeeping arrangements shall be documented by the Investment Officer. DELIVERY VERSUS PAYMENTAll investment transactionsshall be executedon a delivery versus paymentbasis. That is, funds shall not be wired or paid until verification has been made that the collateral was received by the Trustee. The collateral shall be held in the name of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the City. MANAGEMENT AND INTERNAL CONTROLS X. The Director of Finance shall establish a system of internal controls, which shall be reviewed by an independent auditor. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or Investment Officersof the City. Controls and managerial emphasis deemed most important that shall be employed where practical are: A.Control of collusion B.Separation of duties C. Separation of transaction authority from accounting and record keeping D.Custodian safekeeping receipts records management E. Avoidance of physical delivery securities F. Clear delegation of authority to subordinate staff members G. Documentation on investment bidding events H. Written confirmation of transactionsfor investments and wire transfers I.Reconcilement and comparisons of security receipts with the investment subsidiary records J.Compliance with investment policies K.Accurate and timely reports L. Validation of investment maturity decisions with supporting cash flow data M. Adequate training and development of Investment Officers O. Review of financial condition of all brokers, dealers and financial institutions P.Staying informed about market conditions, changes, and trends that require adjustments in investment strategies Q. Monitor credit ratings R. Monitor FDIC status for mergers and acquisitions for brokered CD’s COMPLIANCE AUDITThe City shall perform, in conjunction with its annual financial audit, a compliance audit of management controls on investments and adherence to the entity's established investment policies. The audit shall include a formal review of the quarterly investmentreports by an independent auditor and the results reported to the governing body by the independent auditor. Also, the governing body shall review its investment policy and investment strategy not less than annually and adopt a written instrument by rule,order, ordinance, or resolution stating that it has reviewed the investment policy and strategy, and recorded any changes made to them. 8 Exhibit A City of La Porte Approved List of Brokers/Dealers and Investment Pools Brokers/Dealers Coastal Securities Wells Fargo Amegy Bank Investment Pools TexPool LOGIC Investment Pool Exhibit B TEXAS PUBLIC FUNDS INVESTMENT ACTCERTIFICATION FORM As required by Texas Government Code 2256.005 (k-l) CITY OF LA PORTE, TEXAS This certification is executed on behalf of the City of La Porte, Texas(the Investor) and ___________________________ (the Seller) pursuant to the Public Funds Investment Act, Chapter 2256, Government Code, Texas Codes Annotated (the Act) in connection with investment transactions conducted between the Investor and Dealer. The Undersigned Qualified Representative ofthe Sellerhereby certifies on behalf of the Sellerthat: 1.The Qualified Representative is duly authorized to execute this Certification on behalf of the Seller, and 2.The Qualified Representative has received and reviewed the Investment Policy furnished by the Investor, and 3.The Sellerhas implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Sellerand the Investor that are not authorized by the entity’s investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity’s entire portfolio or requires an interpretation of subjective investment standards. Qualified Representative ________________________________ Signature ________________________________ Name(Printed): ________________________________ Title: ________________________________ Date: Exhibit C City of La Porte, Texas Investment Strategy Statement The City of La Porte, Texas (the "City") will strive to administer and invest its pooled funds at the highest investment return possible while always taking into account the primary goals of preservation of principal and liquidity of funds invested consistent with the City's investment policy. The City's funds, which are pooled together and constitute the investment portfolio, include all financial assets of all funds managed by the City, including but not limited to receipts of tax revenues, charges for services, bond proceeds, interest incomes, loans and funds received by the City where the City performs a custodial function. The City will never invest its funds in a security that is deemed unsuitable to the financial requirements of the City. Maturities will be staggered in a manner that meets the cash flow needs of the City. The primary investment objective is the preservation and safety of principal. Each investment transaction shallseek first to ensure that principal losses are avoided, whether they are from security defaults or erosion of market value. The City's investment portfolio will remain sufficiently liquid to enable the City to meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. The City shall always maintain a highly diversified investment portfolio in order to reduce the amount of credit and market risk exposed to the City's portfolio. After first considering safety and liquidity, the City's investment portfolio shall be designed with the objective of regularly exceeding the average rate of return on U.S. Treasury Bills at a maturity level comparable to the City’s weighted average maturity in days. The City shall seek to augment returns above this threshold consistent with risk limitations identified in the City's investment policy and prudent investment principles. REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A K. Powell K. Powell Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Finance Finance Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Resolution 1. Resolution 2. Deeds and Bid Sheets2. Deeds and Bid Sheets 3. Maps SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale.property at any time by public or private sale.    The City of La Porte has had these properties on the public The City of La Porte has had these properties on the public resale list for more than an adequate amount of time and has received a bid for the minimum bid amount set by resale list for more than an adequate amount of time and has received a bid for the minimum bid amount set by the judgment or higher; at this time, staff is asking the City Council to pass a resolution to approve the sale of the judgment or higher; at this time, staff is asking the City Council to pass a resolution to approve the sale of these properties for the amount that has been offered.these properties for the amount that has been offered.    These properties have been struck off and the adjudged These properties have been struck off and the adjudged value is the value set by judgment.value is the value set by judgment.   thththth P070(A) –Lots 26, 27 & 28 Block 724 Town of La Porte (Located near 16Lots 26, 27 & 28 Block 724 Town of La Porte (Located near 16, Main, and W. A Street), Main, and W. A Street) –Offer $7,030.00 Offer $7,030.00   (Adjudged Value $7,030.00 Taxes+Cost $4,273.08)(Adjudged Value $7,030.00 Taxes+Cost $4,273.08)   thth P070 –Lots 21 & 22 Block 724 Town of La PorteLots 21 & 22 Block 724 Town of La Porte    (Located near 16(Located near 16, Main, and W. A Street), Main, and W. A Street)  –Offer $4,690.00Offer $4,690.00    (Adjudged Value $4,690.00 Taxes+Costs $3,529.13)(Adjudged Value $4,690.00 Taxes+Costs $3,529.13)   P057(A) –Lot 3 Block 988 Town of La PorteLot 3 Block 988 Town of La Porte    (Lobit north of Main Street)(Lobit north of Main Street)  –Offer $1,600.00Offer $1,600.00    (Adjudged Value $1,600.00 Taxes+Cost $2,134.45)(Adjudged Value $1,600.00 Taxes+Cost $2,134.45)   P238 - Lots 34 & 35 Block 988 Town of La Porte Lots 34 & 35 Block 988 Town of La Porte    (Lobit north of Main Street)(Lobit north of Main Street)  –Offer $3,125.00Offer $3,125.00    (Adjudged Value $3,125.00 Taxes+Cost $4,633.34)(Adjudged Value $3,125.00 Taxes+Cost $4,633.34) Action Required of Council:Action Required of Council: Consider approval or other action of the Resolution authorizing the sale on the properties listed above.Consider approval or other action of the Resolution authorizing the sale on the properties listed above. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) THE STATE OF TEXAS § § TAX RESALE DEED COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICT, acting by and through its duly elected officials (“GRANTOR”) as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by JOSE LUIS AYALA (“GRANTEES”) the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantee all right, title and interest of the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICT in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 2006-31262, styled City of La Porte and La Porte Independent School District v. Edmond Alfread Connally, said property being described as: LOTS 34 AND 35, BLOCK 988, LA PORTE, HARRIS COUNTY, TEXAS AS PER THE MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK OF HARRIS COUNTY, TEXAS. (ACCOUNT NUMBER 024-157-000-0034). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said JOSE LUIS AYALA, his heirs and assigns forever, so that neither the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL P238 DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICT any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Grantee accepts the property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICT has caused these presents to be executed this ________day of ______________________ 2014. CITY OF LA PORTE, TRUSTEE LOUIS R. RIGBY, MAYOR, CITY OF LA PORTE ACCEPTED: ______________________________ JOSE LUIS AYALA P238 THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME , the undersigned authority, on this day personally appeared LOUIS R. RIGBY, Mayor, City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2014. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME , the undersigned authority, on this day personally appeared JOSE LUIS AYALA known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2014. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ After Recording Return To: JOSE LUIS AYALA 12013 DORETSHIRE DR. PASADENA, TX 77504 P238 Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) THE STATE OF TEXAS § § TAX RESALE DEED COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICT, acting by and through its duly elected officials (“GRANTOR”) as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by JOSE G. RAMIREZ (“GRANTEES”) the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantee all right, title and interest of the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICT in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1998-31451, styled City of La Porte and La Porte Independent School District v. H.B. Harrison; Frank W. Reynolds, Deceased, said property being described as: LOT 3, BLOCK 988, TOWN OF LA PORTE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 1 PAGE 27, MAP RECORDS OF HARRIS COUNTY, TEXAS. (ACCOUNT NUMBER 024-157-000-0047). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said JOSE G. RAMIREZ, his heirs and assigns forever, so that neither the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL P057(A) DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICT any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Grantee accepts the property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICT has caused these presents to be executed this ________day of ______________________ 2014. CITY OF LA PORTE, TRUSTEE LOUIS R. RIGBY, MAYOR, CITY OF LA PORTE ACCEPTED: ______________________________ JOSE G. RAMIREZ P057(A) THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME , the undersigned authority, on this day personally appeared LOUIS R. RIGBY, Mayor, City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2014. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME , the undersigned authority, on this day personally appeared JOSE G. RAMIREZ known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2014. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ After Recording Return To: JOSE G. RAMIREZ 918 S. SIXTH ST. LA PORTE, TX 77571 P057(A) Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) THE STATE OF TEXAS § § TAX RESALE DEED COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICT, acting by and through its duly elected officials (“GRANTOR”) as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by DURCO LTD. (“GRANTEES”) the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantee all right, title and interest of the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICT in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1999-18238, styled City of La Porte and La Porte Independent School District v. Pamela Fraser f/k/a Pamela Brieden, said property being described as: LOTS 21 AND 22 BLOCK 724 OF THE TOWN OF LA PORTE AN ADDITION IN HARRIS COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED IN A WARRANTY DEED FILED IN THE HARRIS COUNTY CLERK’S OFFICE DEED RECORDS DIVISION, UNDER CLERK’S FILE # M886280. (ACCOUNT NUMBER 024-091-024-0021). LOTS 26, 27, AND 28 BLOCK 724 OF THE TOWN OF LA PORTE AND ADDITION IN HARRIS COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED IN A WARRANTY DEED FILED IN THE HARRIS COUNTY CLERK’S OFFICE DEED RECORDS DIVISION, UNDER CLERK’S FILE # M886280. (ACCOUNT NUMBER 024-091-024-0032). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances P070 & P070(A) 1 of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said DURCO LTD., his heirs and assigns forever, so that neither the CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICT any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Grantee accepts the property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, HARRIS COUNTY FLOOD CONTROL DISTRICT, PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, HARRIS COUNTY HOSPITAL DISTRICT and the SAN JACINTO COMMUNITY COLLEGE DISTRICT has caused these presents to be executed this ________day of ______________________ 2014. CITY OF LA PORTE, TRUSTEE LOUIS R. RIGBY, MAYOR, CITY OF LA PORTE ACCEPTED: ______________________________ JOE DURHAM P070 & P070(A) 2 THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME , the undersigned authority, on this day personally appeared LOUIS R. RIGBY, Mayor, City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2014. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME , the undersigned authority, on this day personally appeared JOE DURHAM known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2014. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ After Recording Return To: DURCO LTD JOE DURHAM 225 S SIXTEENTH ST LA PORTE, TX 77571 P070 & P070(A) 3 µ AREA MAP 717718 W M AIN S T LOTS 26-28, BLOCK 724, TOWN OF LA PORTE 723 724 725 LOTS 21 & 22, BLOCK 724, TOWN OF LA PORTE 753754 752 1 inch = 100 feet µ AREA MAP 973 974 LOTS 34 & 35, BLOCK 988, TOWN OF LA PORTE LOT 3, BLOCK 988, TOWN OF LA PORTE 989 985 988 E. MADISON 85 987 86 87 1 inch = 150 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A M. Dolby M. Dolby Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Finance Finance Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. LGC 271.905 & LGC 271.90511. LGC 271.905 & LGC 271.9051 2. Local Bidder Preference Policy2. Local Bidder Preference Policy 3. Local Bidder Preference Application3. Local Bidder Preference Application SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS On October 27, 2014, staff work shopped this item with the Fiscal Affairs Committee. Sections 271.905 and On October 27, 2014, staff work shopped this item with the Fiscal Affairs Committee. Sections 271.905 and 271.9051 of the Texas Local Government Code that is attached, would allow a municipality to have a local 271.9051 of the Texas Local Government Code that is attached, would allow a municipality to have a local bidder’s preference policy. Per the Fiscal Affairs recommendation, the threshold was lowered from $50,000 to s preference policy. Per the Fiscal Affairs recommendation, the threshold was lowered from $50,000 to $25,000 to also include formal quotes.  The City Attorney recommended we remove best value language to $25,000 to also include formal quotes.  The City Attorney recommended we remove best value language to comply with state statutes. The policy would only apply to quotes/bids awarded to lowest responsible bidder.  comply with state statutes. The policy would only apply to quotes/bids awarded to lowest responsible bidder.   The formal quote preference will allow selection of:The formal quote preference will allow selection of:  Local vendors who are within 5% percent of the lowest quote price for all quotes including construction and Local vendors who are within 5% percent of the lowest quote price for all quotes including construction and services, greater than $25,000 or less than $50,000. services, greater than $25,000 or less than $50,000.  The bidder preference will allow selection of:The bidder preference will allow selection of:   1.Local vendors who are within 3% of the lowest bid price for all other bids excluding construction and Local vendors who are within 3% of the lowest bid price for all other bids excluding construction and services, greater than $500,000.services, greater than $500,000. 2.Local vendors who are within 5% percent of the lowest bid price for all other bids including services, Local vendors who are within 5% percent of the lowest bid price for all other bids including services, greater than $50,000 or less than $500,000.greater than $50,000 or less than $500,000. 3.Local vendors who are within 5% percent of the lowest bid price for construction bids greater than $50,000 Local vendors who are within 5% percent of the lowest bid price for construction bids greater than $50,000 but less than $100,000.but less than $100,000.  Per the policy, principal place of business is defined as  Per the policy, principal place of business is defined as ““business that is headquartered or has an business that is headquartered or has an established place of business in the incorporated limits of the City of La Porte, from which 20% or more of established place of business in the incorporated limits of the City of La Porte, from which 20% or more of the entitythe entity’’s workforce are regularly based, and from which a substantial role in the entitys workforce are regularly based, and from which a substantial role in the entity’’s performance of s performance of a commercially useful function or a substantial part of its operations is conducted. A location utilized as a a commercially useful function or a substantial part of its operations is conducted. A location utilized as a post office box, mail drop or telephone message center or any combination thereof, with no other substantial post office box, mail drop or telephone message center or any combination thereof, with no other substantial work function, shall not be construed as a principal place of businesswork function, shall not be construed as a principal place of business””..  Per statue, City Council must make the determination that the local quote/bid would benefit the city Per statue, City Council must make the determination that the local quote/bid would benefit the city economically.economically.  Since the local government code exempts the following purchases from the competitively bid process, the  Since the local government code exempts the following purchases from the competitively bid process, the policy does not apply to, sole source, emergency, cooperative or interpolicy does not apply to, sole source, emergency, cooperative or inter--local agreement purchases. Due to local agreement purchases. Due to strict procurement guidelines grant purchases would also be exempt from the policy.strict procurement guidelines grant purchases would also be exempt from the policy.   Action Required of Council:Action Required of Council:   Consider and approve Local Bidder Preference Policy and Local Bidder Preference Application.Consider and approve Local Bidder Preference Policy and Local Bidder Preference Application.       Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Sec. 271.905. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS. (a) In this section, "local government" means a municipality, a county, or another political subdivision authorized under this title to purchase real property or personal property that is not affixed to real property. The term does not include a school district. (b) In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more bids from a bidder whose principal place of business is in the local government and whose bid is within three percent of the lowest bid price received by the local government from a bidder who is not a resident of the local government, the local government may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government. (c) This section does not prohibit a local government from rejecting all bids. Added by Acts 1999, 76th Leg., ch. 996, Sec. 1, eff. Aug. 30, 1999. Amended by Acts 2001, 77th Leg., ch. 480, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 513 (H.B. 1869), Sec. 1, eff. June 17, 2011. Sec. 271.9051. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS IN CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality that is authorized under this title to purchase real property or personal property that is not affixed to real property. (b) In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. (c) This section does not prohibit a municipality from rejecting all bids. (d) This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. CITY OF LA PORTE, TEXAS LOCAL BIDDER PREFERENCEPOLICY Purpose: LGC271.9051 LGC271.905 CITY OF LA PORTE LOCAL BIDDER PREFERENCEAPPLICATION This request form and any supporting documentation must be submitted with quote/bid in order to be considered by the City of La Porte, Texas. THE STATE OF TEXAS § § COUNTY OF______________§ Appeared before me the above-named_____________________________, known tome to be the same, and swore that the information provided in response to the foregoing questions are true and correct to the best of his/her knowledge and belief, this ______ day of _________________, 20___. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: November 10, 2014 Source of Funds: ESD Fund (034) Requested By: Ray Nolen Account Number: Department:Fire Amount Budgeted: $72,500 Report: X Resolution: Ordinance: Amount Requested $90,850 Exhibits: ESD Board Minutes Budgeted Item: YesNo Exhibits: Exhibits: SUMMARY & RECOMMENDATION The City of La Porte owns and operates ambulances that are capable of having the patient compartment (modular box) of the unit remounted onto a new cab and chassis when the current cab and chassis is ready for replacement as a cost saving measure. Historically, the ambulances are operated for a period of five (5) years and the modular box is then remounted onto a new cab & chassis and the unit is then operated for another five (5) years at which time the unit is then completely replaced. This is the first ambulance needed to be remounted in the last ten (10) years and it was discovered during the specification and quoting process that there was going to be a shortfall in the current vehicle replacement fund to bring this unit up to where the other frontline EMS units were as it relates to equipment and technology. The city’s vehicle replacement fund software indicated that this vehicle had satisfied all replacement criteria however, it had only funded the replacement/remount in the amount of $72,500 which was a shortfall of $18,350. The replacement fund software did not take into account the upgrades that are needed to bring this reserve unit up to where it needs to be to be a frontline EMS unit. Larger upgrade items include: Liquid Suspension - $9500, Onan 5.5kw Generator - $5500, LED Interior Patient Compartment Lights - $3500 General (001) – Vehicle Replacement Funds: $72,500 ESD Fund (034) – Supplement Funds: $18,350 Total cost for ambulance remount with upgrades - $90,850 Cost adjustments have recently been made in the General Fund - Vehicle Replacement software to help anticipate these potentially needed upgrades going forward into the future. On October 20, 2014,the La Porte Fire Control Board was asked for an additional $18,350 to supplement the cost of remounting this ambulance. The board approved the budget adjustment for $18,350. Staff is now requesting Council approval of the budgetadjustmentas passed by the La Porte Fire Control Board. Action Required by Council: Consider approval or other action on the La Porte Fire Control, Prevention, and Emergency Medical Services District budget adjustment, as approved by the Board of Directors of the District at its meeting of October 20, 2014. Approved for CityCouncil Agenda Corby D. Alexander, City Manager Date La Porte Fire Control, Prevention, and Emergency Medical Services District Minutes from October 20, 2014 Meeting held at Fire Admin 125 South 3rdSt., La Porte, Texas. Meeting called to order @ 6:02pm by Johnny Jones Members present Johnny Jones, Robert Eldridge, Tom Dye, Dottie Kaminski, Ron Nowetner, Rick Guzman Also present- Ray Nolen, Donald Ladd Minutes from May 27, 2014 were read with a motion to approve minutes by Tom Dye, second by Robert Eldridge. Minutes accepted. Ray Nolen presented for consideration additional funding for ambulance remount. Proposed additional funding was approved. Donald Ladd gave presentation over goals and strategies for the next two years. A motion to adjourn the meeting was made by Dottie Kaminski and seconded by Ron Nowetner. The motion carried, meeting adjourned @ 7:01pm. Approved: Signed: _____________________________ Signed: _____________________________ Title: _______________________________ Title: _______________________________ Date: _______________________________ Date: _______________________________ REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Grant Grant K. Adcox K. Adcox Source of Funds:Source of Funds: Requested By: 03252535211020 03252535211020 Police Police Account Number:Account Number: Department: 6,000.00 6,000.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: 7,000.00 7,000.00 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Regional DWI Task Force HGAC Agreement1. Regional DWI Task Force HGAC Agreement SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS   The La Porte Police Department has once again been invited to participate in the Regional DWI Task Force, The La Porte Police Department has once again been invited to participate in the Regional DWI Task Force, which is administered by Houstonwhich is administered by Houston--Galveston Area Council (HGAC) and is awarded by TXDOT.  This grant will Galveston Area Council (HGAC) and is awarded by TXDOT.  This grant will be utilized for specific DWI enforcement during designated dates.  This yearbe utilized for specific DWI enforcement during designated dates.  This year’’s grant will allow the City to be s grant will allow the City to be reimbursed for expenses up to a maximum of seven thousand dollars ($7,000) in overtime costs, with City reimbursed for expenses up to a maximum of seven thousand dollars ($7,000) in overtime costs, with City contributions for employee benefits, administrative and vehicle usage costs.  contributions for employee benefits, administrative and vehicle usage costs.     The Police Department grant fund for account number 03252535211020, project 53.DWI,  will need to be The Police Department grant fund for account number 03252535211020, project 53.DWI,  will need to be amended from the originally estimated six thousand dollars ($6,000), which was based on last yearamended from the originally estimated six thousand dollars ($6,000), which was based on last year’’s grant award, s grant award, to the amount actually awarded, seven thousand dollars ($7,000), in order to account for the additional monies to the amount actually awarded, seven thousand dollars ($7,000), in order to account for the additional monies to the amount actually awarded, seven thousand dollars ($7,000), in order to account for the additional monies to the amount actually awarded, seven thousand dollars ($7,000), in order to account for the additional monies being given to the Police Department by the HGAC.  The funding will provide approximately onebeing given to the Police Department by the HGAC.  The funding will provide approximately one--hundred fortyhundred forty- eight hours of enforcement.  Should Council approve this initiative and the corresponding adjustment to the grant eight hours of enforcement.  Should Council approve this initiative and the corresponding adjustment to the grant budget, it will be included in the first quarter budget amendment, scheduled for January 2015.budget, it will be included in the first quarter budget amendment, scheduled for January 2015.   Action Required of Council:Action Required of Council: 1.Consider approval or other action authorizing the City Manager to execute an agreement for participation in Consider approval or other action authorizing the City Manager to execute an agreement for participation in the Regional DWI Task Force; andthe Regional DWI Task Force; and 2.Consider approval or other action to amend the FY 2015 budget to increase the grant account.Consider approval or other action to amend the FY 2015 budget to increase the grant account. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A K. Adcox K. Adcox Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Fire Fire Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. FY 2014 Chapter 59 Asset Forfeiture Report 1. FY 2014 Chapter 59 Asset Forfeiture Report By Law Enforcement Agency and related By Law Enforcement Agency and related Financial Records BackFinancial Records Back--upup SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Per Chapter 59 of the Texas Code of Criminal Procedure, Article 59.06 (g) (1), Per Chapter 59 of the Texas Code of Criminal Procedure, Article 59.06 (g) (1), ““All law enforcement agencies All law enforcement agencies and attorneys representing the state who receive proceeds or property under this chapter shall account for the and attorneys representing the state who receive proceeds or property under this chapter shall account for the seizure, forfeiture, receipt, and specific expenditure of all such proceeds in an audit, which is to be performed seizure, forfeiture, receipt, and specific expenditure of all such proceeds in an audit, which is to be performed annually by the commissioners court or governing body of a municipality, as appropriate.annually by the commissioners court or governing body of a municipality, as appropriate.””       In accordance with this requirement, a completed FY 2014 Chapter 59 Asset Forfeiture Audit Report By Law In accordance with this requirement, a completed FY 2014 Chapter 59 Asset Forfeiture Audit Report By Law Enforcement Agency is attached, along with a summary of the fund balance, revenues and expenditures provided Enforcement Agency is attached, along with a summary of the fund balance, revenues and expenditures provided by the Finance Department, a financial print out for all revenues and expenditures reported under the state seizure by the Finance Department, a financial print out for all revenues and expenditures reported under the state seizure project number (SZST) and copies of all expenditure receipts are attached for council review.project number (SZST) and copies of all expenditure receipts are attached for council review. Action Required of Council:Action Required of Council: Consider approval or other action of the FY 2014 audit/asset forfeiture report and associated Consider approval or other action of the FY 2014 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure. financial records as required by Chapter 59 of the Texas Code of Criminal Procedure. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A R. Epting R. Epting Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Parks & Recreation Parks & Recreation Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Proposed Agereement with Highlighted 1. Proposed Agereement with Highlighted AmendmentsAmendments 2. Final Version of Proposed Agreement2. Final Version of Proposed Agreement SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS With the improvements that have recently been made at Lomax Park, the existing Agreement with the La Porte With the improvements that have recently been made at Lomax Park, the existing Agreement with the La Porte Livestock Show and Rodeo Association no longer fits the operation of the facility.   Staff has met with the Livestock Show and Rodeo Association no longer fits the operation of the facility.   Staff has met with the Association Board, and a revised Agreement has been developed that better fits the operations of the expanded Association Board, and a revised Agreement has been developed that better fits the operations of the expanded facilities.  The AssociationThe Association’’s mission is to provide recreational activities, funding for scholarships and for La Porte youth s mission is to provide recreational activities, funding for scholarships and for La Porte youth through special events and fundraisers. The realignment of the operations will allow the Association to generate through special events and fundraisers. The realignment of the operations will allow the Association to generate additional funds to help meet those missions. The revised agreement will also provide for financial safeguards additional funds to help meet those missions. The revised agreement will also provide for financial safeguards through annual reporting as is required by the other sports associations. The revised agreement provides for a 10through annual reporting as is required by the other sports associations. The revised agreement provides for a 10- year term with two (2) additional 5year term with two (2) additional 5--year extensions, effectively increasing the life of the existing agreement by 10 year extensions, effectively increasing the life of the existing agreement by 10 years.years.  Highlights of the proposed changes in the revised agreement are as follows:Highlights of the proposed changes in the revised agreement are as follows: 1.LPSRA to increase their rental days at no charge from 30 days to 70 days (including 10 days for the cook LPSRA to increase their rental days at no charge from 30 days to 70 days (including 10 days for the cook off and show)off and show) 2.LPLSRA to operate the concessions facility, with revenues going to the AssociationLPLSRA to operate the concessions facility, with revenues going to the Association 3.Association to accept responsibility for repair, maintenance, and replacement of pens, fencing, and chutes in Association to accept responsibility for repair, maintenance, and replacement of pens, fencing, and chutes in the Arena interiorthe Arena interior 4.Agreement sets forth a fee to use overnight electrical hookups during events onlyAgreement sets forth a fee to use overnight electrical hookups during events only 5.Individuals operating a business or receiving payment for services during Open Riding are required to Individuals operating a business or receiving payment for services during Open Riding are required to provide a certificate of insuranceprovide a certificate of insurance 6.Agreement extended for 10 years, with the option to continue the Agreement for two (2) additional Agreement extended for 10 years, with the option to continue the Agreement for two (2) additional 5‑year terms.year terms. 7.LPLSRA to provide financial statements to the City as required by other AssociationsLPLSRA to provide financial statements to the City as required by other Associations 8.LPLSRA to provide a list of scholarship recipients each yearLPLSRA to provide a list of scholarship recipients each year The Rodeo Association has reviewed and approved the agreement. The Rodeo Association has reviewed and approved the agreement.   Staff will return to Council, at a later time, with a proposed ordinance that will detail the insurance  Staff will return to Council, at a later time, with a proposed ordinance that will detail the insurance requirement for those individuals that operate a business or conduct activities in which they are receiving requirement for those individuals that operate a business or conduct activities in which they are receiving payment for services at the Lomax Rodeo Arena and other City facilities.payment for services at the Lomax Rodeo Arena and other City facilities.  Staff recommends that the agreement be amended as presented. Staff recommends that the agreement be amended as presented. Action Required of Council:Action Required of Council:   Consider approval or other action authorizing the City Manager to execute an amended agreement between the Consider approval or other action authorizing the City Manager to execute an amended agreement between the City of La Porte and the La Porte Livestock Show and Rodeo Association regarding the use of Designated Rodeo City of La Porte and the La Porte Livestock Show and Rodeo Association regarding the use of Designated Rodeo Arena and Facilities at Lomax Park.Arena and Facilities at Lomax Park.     Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerCorby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDateDateDate AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE LA PORTE LIVESTOCK SHOW AND RODEO ASSOCIATION REGARDING THE USE OF DESIGNATED RODEO ARENA AND FACILITIES AT LOMAX PARK WHEREAS, the City of La Porte, Texas (the “City’) is the owner and operator of a Rodeo Arena and associated facilities at Lomax Park, as part of the parks and recreational facilities of the community; and WHEREAS, the La Porte Livestock Show and RodeoAssociation (the “Association”) has provided the organization of youth livestock and rodeo events, programs, and scholarships for the youth of La Porte for many years, and matched the City’s financial contribution toward the construction of the original Lomax Rodeo Arena with an initial contribution of funds in the amount of Forty Thousand Dollars and an additional Ten Thousand Dollars each year for ten years subsequent to the construction of said Arena, and has met its financial obligation to the City in full for the construction of the original covered Arena, and WHEREAS, the Association has continued to contribute funds and innumerable hours of labor for special projects, facilities, and amenities throughout the years particularly related to the construction of the newly completed covered Rodeo Arena and associated amenities and facilities owned by the City; and WHEREAS, the City wishes to recognize and commend the Association for its contributions to youth recreation and health in the community, its support, and funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I. The City will provide limited use of the Rodeo Arena and associated facilities, as described in “Exhibit A” to this Agreement and which is attached hereto and incorporated by reference, to the Association for conduct of its youth programs, fund raising events and programs, during the period this Agreement is in effect, as provided herein. The City reserves the right to schedule programs and events in conjunction with recreational needs as well as private rentals for days unused by the Association, as set out in Section II of this Agreement. Use of the Arena and associated facilities by the Association is limited to Monday through Sunday, from 5:00am until 11:00pm each day, asthe standard hours of operation for the entire Lomax Park. “Special Events” are described as those show or competition events that utilize the Rodeo Arena, pens, chutes and other equipment and supplies involving manipulation and control of animals in the Rodeo Arena environment. Extension of operational hours for Special Eventsscheduled at the Rodeo Arena and associated facilities,will be authorized by written permission provided by the Director of Parks & Recreation or his/her designated representative Page 1of 10 II. Except for maintenance of interior Arena fencing, pens, and chutes associated with the operations of the RodeoArena as set out herein, the City will assume responsibility for maintenance and repair of exterior fencing, parking lots, sidewalks, turf areas, Announcer’s Stand and Animal Washing Station at the facilities listed in Exhibit A, and the remainder of Lomax Park. The City has purchased the majority of the new fencing, pens, and chutes that are included in and around the Arena; however, the Association will be responsible for maintenance and replacement of all fencing and pens in the Rodeo Arena area either existing or in the future, including those purchased by the City. Any replacement equipment must be of greater or equal value and specifications as the existing equipment. The Association agrees to the use of the Rodeo Arena fencing and pens by the general public during Open Use periods and by private parties using the Rodeo Arena on a rental basis. The Association will manage all operations related to facility and grounds maintenance at the facilities designatedin Exhibit “A” during the dates of their use, except for specific events in which the Association requests special grounds maintenance, at which time the City and Association will work together to produce the conditions necessary for a successful event. The City reserves the right to close any or all of the facilities set out in Exhibit “A” for maintenance purposes, for inclement weather, or other reasonable cause. The City will provide use of the Rodeo Arena facilities as described in “Exhibit A” which is attached and herein and included as a part of this Agreement, to the Association to operate said Rodeo Arena and facilities for theconduct of its fundraising events, youth recreation and training events, and rentals to third parties for 60 dates at no chargeon a year round basis, for each year that this Agreement is in effect. These dates, booked by January 15th each year, will include no more than fifteen (15) of those dates scheduled on Saturdays. The Association’s annual cook off and show that occurs for ten (10) days will not be included in the 60 dates allowed or the 15 st Saturdays. The Association may book their annual cook off and show starting on October 1 of each year for the following calendar year. The Association shall have exclusive right and responsibility for scheduling, organizing and conducting said events and rentals at the Rodeo Arena facilities listed in Exhibit “A”. Such scheduled events that are scheduled shall be posted on the bulletin board on the east side of the Support Building wall at least one (1) week in advance of the event, so as to notify the public for Open Riding, as described elsewhere in this agreement. The City reserves the right to close the facilities fields for maintenance purposes, for inclement weather, or other reasonable cause. The City agrees to allow the Association 60 dates per year for use at no charge. The Association agrees to allow the City up to 30 dates per year for use by the City to provide special recreation programming, concerts, and other events that are in the public interest to be hosted at the Rodeo Arena and associated facilities as set out in Exhibit “A”. TheseCitydates, booked by January 15th each year, will include no more than fifteen (15) of those dates scheduled on Saturdays. The balance of free days may involve any day of the week other than Saturday. Should the AssociationCity dates not be booked by January 15th each year, the dates will then be booked by either the City or the Association on a “First Come, First Served" Page 2of 10 basis. Should the AssociationCitywish to utilize the Arena on dates other than the specified sixtythirty days, they may do so at the daily rate established for other rentals, provided no rental has been accepted for that date. The Association is allowed to rent the facility to third parties for any days during the year and all revenues produced by such facility rental operations shall belong to the Association. The Association is allowed to set up a Refund Deposit Charge to pay for potential damages to the facility as a result of said rental. Such charge for Refund Deposit shall be “refunded” in full if the rental conditions are met. If rental conditions are not met, the Association may keep some or all ofthe entire RefundDeposit amount to cover the damage, or cost to repair, or cleaning, as determined by the Association representative.The City and Association will agree on a fair and equitable Refund Deposit for the use of the portions of the facility to be rented, which shall be approved by City Councilagreement must be in writing. Furthermore, neither the City nor the Association shall change the Refund Deposit rate to be charged, without specific written agreement signed by both parties. The Association will organize and prepare the official schedule for dates requested by the City, for dates reserved for Association use, and dates for rentals to third parties. Revenues generated by said rentals must be used to further the mission of the Association to provide either directly or indirectly to youth programming, youth scholarships, or other activity conducive to youth recreational benefits for the community.All pertinent City, County and State rules, laws, andregulations areto be followed, specifically including procedures/permits for deposits, security, insurance, alcohol use and any other. Security for facility rRentals requiring alcohol must be scheduled through the La Porte Police Officer’s Association according to the Agreement between the City and the La Porte Police Officer’s Association. The City has also provided restrooms, storage, and concession facilities, a maintenance storage area, a Meeting Room, and a satellite storage building, as listed in Exhibit A. The restroom, storage, Meeting Room, concession facilities, the satellite storage building with storage accommodations for the Association, and any permanent attachments to said facilities, are the property of the City. The City has also provided electrical connectionboxes in various locations throughoutatthe Arena and satellite locations in the parking areas of the Arena. These electrical connections are for use during special events with approved overnight staysonly and are not to be used as a recreational vehicle site. The City and Association will agree on a fair and equitable charge for the use of the electrical connections for special event use, which agreement must be in writing. The Association will be required to pay applicable fees for the use of electrical connection boxes, at the rate established by Cityand codified into the La Porte Code of Ordinances, only for rentalperiods not included within the cumulative seventy (70) days of uncharged use of the Arena accorded to Association under the terms of this agreement. Furthermore, neither the City nor the Association shall change the rates to be charged, without specific written agreement signed by both parties. The City agrees to maintain utility service to the concession/restroom, and storage structure’s various components including, electrical, plumbing, roofing, and other systems that contribute to their safe and efficient operation. The Meeting Room is available for use by the Association for their monthly Board Meetings and such meetings shall not count as one of the 6030 rental days described herein. The Meeting Room Page 3of 10 will also be made available to the other recognized youth sports associations sharing agreements with the City. No charge or rental fee shall be charged for use of the Meeting Room for this purpose by either the Association or the City.Use of the Meeting Room to be coordinated through the Parks & Recreation Office so as not to conflict with other planned use of the facility as a whole. The exterior restroom portion of the facility is a shared facility for various uses at LomaxPark and is the property of the City. The City will provide daily weekday custodial services for the exterior restroom facility and provide necessary supplies for the exterior restroom facility. Unless specifically marked, parking spaces Lomax Park are not reserved and are available on a first-come, first-served basis. Ill. The Association agrees to operate the concession facility exclusively and to provide materials, equipment, supplies, and personnel necessary for operation. The Association agrees that the concession stand will be available, if requested, for competition events at their discretion. The Director of Parks & Recreation or his/her designated representative will have the final discretion regarding the opening of the concession stand. The City has provided the basic equipment and appliances to furnish the concession facility; however the Association is responsible for maintaining, repairing and replacement of the furnished concession equipment henceforth through the term of this Agreement, including but not limited to the following: microwaves, refrigerators, ice machines, freezers, and all other electrical appliances and attachments used in association with the concession operations. The Association agrees to clean the concession portion of the facility at its expense. The Association agrees to clean the interior restroom facilities at its expense, in addition to the City’s regular cleaning schedule on an as needed basis, during the Association’s use of the facilities including Association rentals particularly including Special Events such as the Spring Cook-off, etc., to assure that the restrooms are clean and operable. All revenues produced by concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, and conduct of all its activities at the providedfacilitiesas shown in Exhibit “A”. IV. The Association shall have the non-exclusive right to sell advertisements, with prior approval of the City, within the confines of the Arena. All proceeds from such sales will belong to the Association. All advertisements will be constructed in accordance with the standards developed by the City and the Association regarding dimensions, materials and locations. The City reserves the right to refuse advertisements which conflict with City policies. The City reserves the right, at the City's sole discretion, to remove any advertisements that are not adequately maintained or fail to meet the requirements of City ordinances and/or sign regulations. The City's lessees, other than the Association, shall have the right to erect temporary signs for their events which temporary signs shall not cover the Association's signs All revenues generated by the advertising boards shall be the property of the Association. V. Permits for alcoholic beverage sales will be governed by applicable State law and prevailing City ordinances. Alcohol sales and consumption will be confined to the area designated by the City Page 4of 10 but to generally include only the Arena and the areas used for special functions held in conjunction with the rental of the Arena. No alcoholic beverages will be permitted to be carried out of that designated area. All applicable state and local regulations regarding the sale and consumption of alcoholic beverages will be strictly observed. Glass beverage bottles are prohibited from use at Lomax Park due to the danger to livestock. VI. Use of the Rodeo Arena by the public (Open Riding) will be limited by the following conditions: (a) Open Riding is allowed during operating hours of Lomax Park, established as 5:00 am until 11:00 pm daily, provided that no rental or other scheduled event, either by the City or by the Association has been scheduled. (b) Open Riding is not allowed either before a scheduled event, or after a scheduled event if such riding, at the discretion of the rental agent (the City or the Association) would interfere with the setup or cleanup of said event. (c) Open Riding and specific uses of the Arena for training or practice of rodeo events including but not limited to team roping, barrel racing, bronco riding, bull riding, which require special equipment or preparation shall be limited to one hour, if others are waiting to use the facility. (d) Individuals operating a business or conducting activities for which they are receiving payment for services in the Rodeo Arena during Open Riding hours will be required to provide the City with a Certificate of Insurance with limits of liability of not less than $1,000,000 with the City of La Porte named as Additional Named Insured, prior to use of the Rodeo Arena. Anticipated use of the Arena for these type events or similar events that require extended special preparation or equipment that will take longer than an hour to complete, should either be scheduled at times when there is no anticipated Open Riding, or the user should plan to rent the facility. VII. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney’s fees which may be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. The City shall indemnify and hold harmless the Association, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney’s fees which may be asserted against or incurred by the Association arising, directly or indirectly from any activities conducted or services performed by the City pursuant to this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the City. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive Page 5of 10 general liability policy, with the City named as Additional Named Insured, with limits of liability of not less than Two Million Dollars ($2,000,000.00) combined single limit bodily injury and property damage per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude participants in the Association’s scheduled or unscheduled activities at the facilities, including third party rentals. Other policy exclusions are permissible, provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insurance evidencing such coverage within 30 days of prior to execution of this Agreement. Such insurance shall include contractual liability insuring the indemnity agreements contained in this Agreement. Rentals for Rough Stock Events will require a “Rough Stock” Rider policy with limits of liability of not less than $1,000,000 combined single limit bodily injury and property damage per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence to be provided in addition, by the Renter with the City of La Porte listed as “Additional Named Insured”. The Association shall furnish the City with a Certificate of Insurance evidencing such coverage by the Renter for Rough Stock Events, prior to the event. IX. The Association shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement, or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. X. This instrument contains the entire Agreement between the parties relating to the rights granted in the Agreement and the obligations assumed as a part of the Agreement. Any representations or modifications concerning this Agreement shall have no force or effect unless modified in writing, and signed by each party to the Agreement. XI. This Agreement shall remain in effect for a term of Ten (10) years (“Primary Term”), which primary term shall commence upon the execution of this Agreement by both parties thereto. At the end of the primary term of this Agreement, both the City and the Association have the option to continue the Agreement for two (2)additional five (5) year terms. Such option shall be executed in writing by the President of the Association andthe City Manager or his designee, no later than 30 days before the expiration of the primary term. Should either party choose not to exercise their option, the agreement shall terminate automatically at the end of the primary term. During the term of this Agreement, the Association and the City may enter into separate agreements regarding future capital improvement projects or other riding or rodeofacilities that may be contemplated in the City. The City may terminate the term of this agreement if and in the event the Association fails or refuses to perform any one or more of its obligations which areto be performed during the term of this agreement, for ordinary mismanagement of the facilities under the control of the Association as Page 6of 10 listed in Exhibit “A”, or for permitting deterioration of any part of the said premises by failure to maintain and keep same in a proper state of repair, as described herein. City shall not take any action or recourse against the Association for any default in the performance of the Association’s obligations, or any breach of this agreement by the Association, until sixty (60) days after the City has given the Association written notice setting out in detail the type and nature of the default or breach, and the failure of the Association to cure such default or breach within such sixty (60) day period. The Association may terminate the term of this agreement if and in the event the City fails or refuses to perform any one or more of its obligations which are to be performed during the term of this agreement, for ordinary mismanagement of the facilities under the control of the City as listed in Exhibit “A”, or for permitting deterioration of any part of the said premises by failure to maintain and keep same in a proper state of repair as described herein. The Association shallnot take any action or recourse against the City for any default in the performance of the City’s obligations, or any breach of this agreement by the City, until sixty (60) days after the Association has given the City written notice setting out in detail the type and nature of the default or breach, and the failure of the City to cure such default or breach within such sixty (60) day period. XII. Any notice required to be given under the provisions of this Agreement shall be in writing and shall be duly served when it shall be hand-delivered to the addresses set out below, or shall have been deposited, duly registered or certified, return receipt requested, in the United States Post Office addressed to the other party at the following addresses: To CITY: City of La Porte, Texas Attention: Parks & Recreation Director 1322 South Broadway La Porte, Texas 77571-5306 To Association: La Porte Livestock Show & Rodeo Association Attention: President P.O. Box 445 La Porte, Texas 77572-0445 The Association shall maintain a favorable financial position during the term of this Agreement. The Association will provide an official annual report on the Association’s fiscal condition to the City, comprised of a combined expense statement/balance sheet as approved by the City’s Controller and mutually agreed to by the City and the Association along with supporting documentation. The City reserves the right to review the internal financial control structure of the Association and to Page 7of 10 perform other audit steps as necessary to protect its interests.The Association will also provide the City a listing of the scholarship recipients each year. The Association has indicated that its fiscal stth year begins on July 1 and ends on June 30 of each calendar year. The Annual Report on the Association’s Fiscal Condition and the listing of scholarship recipients will be due to the City sixty (60) days after the end of each fiscal year. Failure to provide requested financial information within the prescribed time limit will prompt a formal notification from the City to the Association of that the agreement is in Danger of Default and a request for satisfaction of the requirement within an additional fifteen (15) days from the date of official notification. If the requirement for financial statement submission is not met by that time, or arrangements to submit not made to the City’s satisfaction within that time, the agreement will be considered in Default. XIII. Nothing hereinshall beconstrued ascreating any personal liability on any partof any officer, employee or agent ofthe City. The Partiesagree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or liability that the City has or may have by operation of law. The Parties further agree that no provision of this Agreement extends theliability ofthe Citybeyond theliabilityprovided in the Texas Constitution andthe laws of theState of Texas, including the Texas Tort Claims Act. Neither the execution of this Agreement nor anyotherconductof CITY relating to this Agreement shall be considered a waiver of any right or defense under the Texas Constitution or the laws of the State of Texas, including the Texas Tort Claims Act. XIV. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. Page 8of 10 IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate, each to have the effect of an original as follows: (A) It has been executed on behalf of the City on the th day of, 2014 by its City Manager and attested by its City Secretary, pursuant to affirmative vote of the City Council of the City of La Porte, authorizing such execution; and (B) It has been executed on behalf the Association on the th day of , 2014 by its President and attested by its Secretary, pursuant to authorization from the Board of Directors of the La Porte Livestock Show and Rodeo Association, authorizing such execution. CITY OF LA PORTE, TEXAS By: Corby D. Alexander, City Manager ATTEST: Patrice Fogarty, City Secretary LA PORTE LIVESTOCK SHOW & RODEO ASSOCIATION By: Ricky Dean, President ATTEST: Association Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney Page 9of 10 EXHIBIT “A” The Rodeo Arena and associated facilities designated herein are located at Lomax Park, 1508 Lomax School Road, in La Porte, Texas, and are identified as follows: FACILITIES Covered Rodeo Arena is located directly northwest of the Lomax Water Tower Animal Wash Rack is located under the Arena cover, in the northwest corner adjacent to the Rodeo Arena Announcer’s Stand is located under the Arena cover on the north end of the Arena, to the east of the Animal Wash Rack. Arena Watering Station is located under the Arena cover on the north end of the Arena, just west of the Announcer’s Stand. Support Building is attached to the southwest corner of the Covered Arena and contains a Meeting Room, a Storage Room, Outside Access Restrooms, Inside Access Restrooms, and Concession Area. Storage Building is located directly on the northwest corner of the Lomax Water Tower, inside the security fence. This facility is divided into two sections, one section for the exclusive use of the Association and one section for the exclusive use of the City. Note: The Lomax Water Tower is separate from this agreement and is not a part of this agreement. It is mentioned herein as a reference point. Page 10of 10 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A R. Epting R. Epting Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Parks & Recreation Parks & Recreation Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Fee Ordinance with Marked Changes1. Fee Ordinance with Marked Changes 2. Fee Ordinance2. Fee Ordinance SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Due to the improvements made at the Lomax Rodeo Arena and changes in the Agreement with the La Porte Due to the improvements made at the Lomax Rodeo Arena and changes in the Agreement with the La Porte Livestock and Rodeo Association (LPLSRA), staff is proposing changes to the Fee Ordinance.  A summary of Livestock and Rodeo Association (LPLSRA), staff is proposing changes to the Fee Ordinance.  A summary of the proposed changes in the revised ordinance are as follows:the proposed changes in the revised ordinance are as follows:   1.Increasing the reservation and damage deposit from $100 to $200.Increasing the reservation and damage deposit from $100 to $200. 2.For approved overnight stays, adding an additional fee of $20 per electrical connection box, per night.For approved overnight stays, adding an additional fee of $20 per electrical connection box, per night. 3.3.Increasing the number of LPLSRA free rental days from 30 to 70.  The 70 days include 60 rental days and Increasing the number of LPLSRA free rental days from 30 to 70.  The 70 days include 60 rental days and Increasing the number of LPLSRA free rental days from 30 to 70.  The 70 days include 60 rental days and Increasing the number of LPLSRA free rental days from 30 to 70.  The 70 days include 60 rental days and 10 days for the Association10 days for the Association’’s Rodeo and Cooks Rodeo and Cook--offoff Staff recommends that the ordinance be amended as presented.Staff recommends that the ordinance be amended as presented. Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance authorizing and approving an amendment to Chapter 50 of the Consider approval or other action of an ordinance authorizing and approving an amendment to Chapter 50 of the La Porte Code of Ordinances by adjusting the reservation and damage deposit fee, adding a per night electrical La Porte Code of Ordinances by adjusting the reservation and damage deposit fee, adding a per night electrical connection box fee and increasing the Associationconnection box fee and increasing the Association’’s rental days at no charge, in connection with rental of the s rental days at no charge, in connection with rental of the livestock and rodeo arena.livestock and rodeo arena. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 50 “PARKS AND RECREATION”BY ADDING ELECTRICAL USAGE FEE AND ADJUSTING RESERVATION AND DAMAGE DEPOSIT FEE, IN CONNECTION WITH RENTAL OF LIVESTOCK AND RODEO ARENA, AND AMENDINGAPPENDIX –A “FEES”,OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : That Chapter 50, “Parks and Recreation,” Article VIII “Livestock/Rodeo Arena”, Section 50-302 “Days and hours available for rental; fees.” of the Code of Ordinances of the City of La Porte, Texas,is hereby amended and shall hereinafter readas follows: “Sec. 50-302. Days and hours available for rental;fees. (a)Thearenashall be availableforrental, Monday through Sunday, at hours and ratesasestablishedbythecityandlistedin appendix A of this Code. (b)Thearenamay not be rented on the following holidays: Thanksgiving, Christmas Eve,ChristmasDay,NewYear'sDay, Good FridayandEaster Sunday. (c)Lessees requiring additional timefor move-in, move-out or rehearsal, prior to or immediatelyfollowinganevent, extending to additional days,will be charged one-half of theapplicablefull-timerate, providing thearenais not rented.The citywill not be responsible foranyitemsleft on thepremises. (d)Lesseesrenting the arenatwoormore consecutive daysandrequestingelectrical usage connectionsfor approved overnight staysshall be requiredtoremit a feefor eachelectrical connection box utilizedby the lesseeat the rateestablishedbythe cityandlistedin appendix A of this Code.” Section 2 : That Chapter 50, “Parks and Recreation,” Article VIII “Livestock/Rodeo Arena” Section 50-311 “Provision of free rental days to La Porte Livestock Show and Rodeo Association” of the Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter readas follows: “Sec. 50-311. Provision of freerental days toLaPorte Livestock Show and Rodeo Association. Thecityhasentered into anagreementwith the LaPorteLivestock Show and Rodeo Association, under the terms of which the citywill provide totheassociationa total of 3070rentaldaysat no chargepercalendaryear,inrecognition of the association's contribution to the construction of the coveredfacility.” Section 3 : That Appendix – A “Fees”, Chapter 50, “Parks and Recreation,” Article VIII “Livestock/Rodeo Arena”, ishereby amended and shall hereinafter readas follows: Article VIII. Livestock/Rodeo Arena Section 4 : All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative ofother ordinances regulating and governing the subject matter covered by this ordinance. Section 5: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 6. 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 is 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 Chapter 551, Tx. Gov’t 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 immediately upon its passage and approval. PASSED AND APPROVED this the______ day of _________________, 2014. By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: ____ Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 10, 2014 Appropriation Requested By: Rosalyn Epting Source of Funds: 015 Fairmont 015-9892-692-1100 Department: Parks & Recreation Acct Number: Northside 015-9892-691-1100 Report: X Resolution: Ordinance: Amount Budgeted: $1,100,000 Exhibits: Fairmont SplashPark Rendering Amount Requested: $697,451.60 Exhibits: Fairmont SplashPark Quote Budgeted Item: YES NO Exhibits: Northside SplashPark Rendering Exhibits: Northside SplashPark Quote Exhibits: Northside SplashPark Draft Site Plan SUMMARY & RECOMMENDATION Kraftsman Commercial Playgrounds & Water Parks has provided a rendering and quote for each of the SplashParks that will be located at Fairmont Park and Northside Park. As noted on both quotes, it provides for all items needed to operate the Splash Park. Additional site work will need to be completed and will include, but may not be limited to: utility connections/stub outs,sidewalks,landscaping, fencing, rule/safety signage, and abathroom facility (at Northside only). The budget for the projects is as follows: .ǒķŭĻƷ υЊͲЊЉЉͲЉЉЉ͵ЉЉ CğźƩƒƚƓƷ tğƩƉ {ƦƌğƭŷtğƩƉ vǒƚƷĻ υЌЎЉͲЉЉЉ͵ЉЉ .ĻƓĭŷĻƭ ΛЍΜ ε /ĻƒĻƓƷ tğķƭ Λ9ƭƷźƒğƷĻΜ υБͲЉЉЉ͵ЉЉ bƚƩƷŷƭźķĻ tğƩƉ {ƦƌğƭŷtğƩƉ vǒƚƷĻ υЌЍАͲЍЎЊ͵ЏЉ .ĻƓĭŷĻƭ ΛЋΜ ε /ĻƒĻƓƷ tğķƭ Λ9ƭƷźƒğƷĻΜ υЍͲЉЉЉ͵ЉЉ {ŷğķĻ {ƷƩǒĭƷǒƩĻƭ ΛЋΜͲ tźĭƓźĭ ğĬƌĻƭ ΛЍΜ ε /ĻƒĻƓƷ tğķƭ υЍЋͲВАЌ͵АЍ .ğƷŷƩƚƚƒ Λ9ƭƷźƒğƷĻΜ υЏЎͲЉЉЉ͵ЉЉ ЊЉі tƩƚƆĻĭƷ /ƚƓƷźƓŭĻƓĭǤ υЊЊͲЉЉЉ͵ЉЉ Available balance for additional work items (sidewalks, utility work, landscaping, fencing, etc.) $271,574.66 There is a slight different in the quote amounts for each of the SplashParks because they are different designs with different features, therefore the prices vary. Also, the first quote issued was for Fairmont Park, and when Kraftsman issued the quote for Northside Park they stated that they would give us a $1,100 discount if the SplashParks were ordered at the same time. Shade structures will not be necessary at Fairmont Park due to the number of mature trees already providing shade at that location. A bathroom and picnic benches will not be necessary at Fairmont Park due to the proximity of the bathroom and picnic tables that already exist at that location. The equipment that will be purchased from Kraftsman will be a BuyBoard purchase (Contract 423-13). Staff has been very happy with Kraftsman from a mechanical standpoint, and is familiar with how the product works. Kraftsman stands by their work and equipment with awarranty, and has always been willing to help with any issues or questions that arise. If the quote is accepted this week,Kraftsman estimates at a 20-34 week completion time. The estimated timeline is: 4-8 weeks for approval of submittal documentation 6-10 weeks for equipment delivery 10-16 weeks for project completion after delivery of equipment 20-34 TOTAL WEEKS (week of March 23-week of June 29, pending weather) rdth Staff recommends approval of the quotes for both of the SplashParks. PROJECT BENEFITS, LIABILITIES, & OPERATING COSTS Project Benefits: Increased opportunity for: recreational activities, socialization, and youth exercise. Alternative for those individuals that do not swim. Liabilities of Maintaining the Status Quo: Individuals will continue to use the recreational opportunities that already exist in those areas. Operating Costs: Increase in chemical, electricity, and water costs in future years. We are estimating an expense of approximately $9,000 per year, per SplashPark. This includes chemicals, electricity, and water. Repair and replacement costs that occur outside of the warranty period. Action Required by Council: Consider approval or other action authorizing staff to accept the quotes from Kraftsman Commercial Playgrounds & Water Parks for both SplashParks and initiate the BuyBoard purchase. Approved for City Council Agenda ____________________________________ _______________________ Corby D. Alexander, City Manager Date ANDSHOWN APPROVED FORMAT BEEN THE ONLY: NOT FROM DRAFT HAS MODIFIED PLAN SITE BE HERE THIS MAY REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Street Maintenance Street Maintenance D. Mick D. Mick Requested By: ( 033) and Drainage ( 033) and Drainage Source of Funds:Source of Funds: Public Works Public Works Department: Bond (050) Bond (050) Report:Resolution:Resolution:Ordinance:Ordinance: Account Number:Account Number: Other: 70, 000.00 (033) 70, 000.00 (033) Amount Budgeted:Amount Budgeted: 30,000.00 (050) 30,000.00 (050) Attachments :Attachments : 60,085 (033) 23,000 60,085 (033) 23,000 Amount Requested:Amount Requested: (050) (050) 1. Cobb Fendley Proposal1. Cobb Fendley Proposal Budgeted Item:Budgeted Item:YESYESNONO SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The FY 2015 city budget includes a capital improvement plan line item under the Fund 033 (Street Maintenance) The FY 2015 city budget includes a capital improvement plan line item under the Fund 033 (Street Maintenance) ththrdrdthth and Fund 050 (Drainage Bond) summaries for the design of West D (S. 6and Fund 050 (Drainage Bond) summaries for the design of West D (S. 6 to S. 3 to S. 3) and S. 4) and S. 4 (B Street to D (B Street to D Street) street and drainage improvements.  The item is budgeted at $100,000.  Cobb Fendley submitted the Street) street and drainage improvements.  The item is budgeted at $100,000.  Cobb Fendley submitted the attached proposal in the amount of $75,585 including design, bidding and limited construction services.  Staff attached proposal in the amount of $75,585 including design, bidding and limited construction services.  Staff recommends that the city enter into a professional services contract with Cobb Fendley Inc. for construction recommends that the city enter into a professional services contract with Cobb Fendley Inc. for construction design, contract bidding and limited construction services in the amount of $75,585 with an additional allocation of design, contract bidding and limited construction services in the amount of $75,585 with an additional allocation of $7,500 (10%) as a contract contingency.  $7,500 (10%) as a contract contingency.    Other Considerations:Other Considerations:Other Considerations:Other Considerations:   Cobb Fendley completed the 2011 streets and drainage study of the area Main/Broadway/Fairmont/146 and Cobb Fendley completed the 2011 streets and drainage study of the area Main/Broadway/Fairmont/146 and rdrd the 2013 design for the adjacent 3the 2013 design for the adjacent 3 Street improvements currently under construction.     Street improvements currently under construction.       The project design will include removal and replacement of the concrete street/gutter, sidewalk to link the The project design will include removal and replacement of the concrete street/gutter, sidewalk to link the ththrdrd existing sidewalk on 4existing sidewalk on 4 Street (Main St. Street (Main St. -- B St.) and the future sidewalk along 3 B St.) and the future sidewalk along 3 Street, rerouting the Street, rerouting the ththrdrd storm drainage from West D and 4storm drainage from West D and 4 Street to drain into the 3 Street to drain into the 3 Street trunk system.  Street trunk system.    The budget construction estimate is $950,000 (proposed to be funded in FY 16).   The budget construction estimate is $950,000 (proposed to be funded in FY 16).      Project Benefits, Liabilities, and Operating Cost:  Project Benefits, Liabilities, and Operating Cost:    Benefits: Improved roadway surface, drainage and sidewalk connectivity. Improved roadway surface, drainage and sidewalk connectivity.       Liabilities of Maintaining the Status Quo:Liabilities of Maintaining the Status Quo: The current pavement condition is poor with a number of asphalt patches over the concrete surface.  There The current pavement condition is poor with a number of asphalt patches over the concrete surface.  There is no logical terminus point for spot concrete street repairs. is no logical terminus point for spot concrete street repairs.    The total value of concrete city streets greater than 40The total value of concrete city streets greater than 40--years old exceeds $75years old exceeds $75--million.  Deferred million.  Deferred maintenance will increase future city obligations.maintenance will increase future city obligations.   Operating Costs:Operating Costs: Increased in future years assuming city maintenance of sidewalks added with this project. Increased in future years assuming city maintenance of sidewalks added with this project.    Action Required of Council:Action Required of Council:Action Required of Council:Action Required of Council:   Consider approval or other action of granting the City Manager authority to enter into a Consider approval or other action of granting the City Manager authority to enter into a professional services contract with Cobb Fendley Inc for the design, bid and limited professional services contract with Cobb Fendley Inc for the design, bid and limited rdrdthth construction services associated with the West D Street (6th St. to 3construction services associated with the West D Street (6th St. to 3 St.) and S. 4 St.) and S. 4 Street Street (B St. to D St.) roadway and drainage improvements in the amount of $75,585 plus a project (B St. to D St.) roadway and drainage improvements in the amount of $75,585 plus a project contingency of $7,500 for a total project allocation of $83,085. contingency of $7,500 for a total project allocation of $83,085.   Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate October 17, 2014 Mr. Dave Mick VIA EMAIL Public Works Director City of La Porte rd 2963 North 23 Street La Porte, Texas 77571 th Re: Proposed D Street and 4 Street Paving and Drainage Improvements Contract for Professional Engineering Services Dear Dave: Cobb, Fendley & Associates, Inc. (ÑCobbFendleyÒ) is pleased to propose professional engineering th services to the City of La Porte (City) in connection with a portion of the D Street and 4 Street Paving and Drainage Improvements project. PROJECT The D Street and 4th Street Paving and Drainage Improvements Project will consist of the th replacement of concrete pavement and drainage improvements on D Street from the 6 Street rdth intersection to the 3 Street intersection and on 4 Street from B Street to D Street.The project also includes new sidewalk and the replacement of approximately 1,000 LF of 6-inch water line along D Street. Additional project details are further described in Attachment ÑAÒ. An overall project map has been included in Attachment ÑBÒ. CobbFendley will prepare contract documents for the proposed construction project. AGREEMENT When accepted by the signature of the CityÔs authorized representative, this Authorization and the documents referenced herein shall constitute the entire agreement between the City and CobbFendley with respect to this project. The specific tasks to be performed by CobbFendley in conjunction with this project are described in Attachment A, Scope of Services. Compensation for our services is also specified in Attachment A. Further provisions of this agreement are contained in the Provisions of the Authorization for Professional Services which is attached and constitutes a part of this agreement. SCHEDULE OF SERVICES CobbFendley is authorized to begin work on this project immediately upon receipt of the CityÔs signature on this Authorization. CobbFendley will use reasonable efforts to complete the plans and contract documents within twelve weeks of its receipt of written authorization to commence services. C:\\Users\\hlyle\\Documents\\_PROJECTS\\LaPorte\\_4th and D st\\D Street and 4th Street Proposal.doc City of La Porte October 17, 2014 Page 2 of 5 PROPOSAL ACCEPTANCE If this proposal is agreeable to you, please indicate your acceptance by signing in the space provided below and return one copy to us for our file. This proposal is void if not accepted within sixty days of the date hereon. The opportunity to propose professional surveying and engineering services to the City of La Porte is appreciated and we look forward to serving you on this project. Sincerely, This proposal accepted by: COBB, FENDLEY & ASSOCIATES, INC. CITY OF LA PORTE, TEXAS Heath Lyle, P.E. Signature Senior Project Manager Print Name Attachments Title Date of Authorization C:\\Users\\hlyle\\Documents\\_PROJECTS\\LaPorte\\_4th and D st\\D Street and 4th Street Proposal.doc PROVISIONS OF THE AUTHORIZATION FOR PROFESSIONAL SERVICES 1. AUTHORIZATION TO PROCEED 2. INTERPRETATION OF FEES 3. DIRECT PERSONNEL EXPENSE 4. DIRECT EXPENSES 11. LIMITATION OF LIABILITY TCFCITY HE LIABILITY OF OBB ENDLEY TO THE SHALL BE CF. LIMITED TO SERVICES PERFORMED SOLELY BY OBBENDLEY TCFCITY HE LIABILITY OF OBB ENDLEY TO THE FOR ANY ,, CAUSE OR COMBINATION OF CAUSES IS IN THE AGGREGATE LIMITED TO AN AMOUNT NO GREATER THAN THE FEE EARNED . UNDER THIS AGREEMENT CF OBBENDLEY IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES THAT MAY BE SUSTAINED BY THE 5. OUTSIDE SERIVICES CC’. ITY OR THE ITYS AGENTS 12. MEDIATION 6. COST PROJECTIONS 13. LEGAL EXPENSES 7. PROFESSIONAL STANDARDS 14. PAYMENT TO COBB FENDLEY 8. TERMINATION 9. OWNERSHIP OF DOCUMENTS 15. ADDITIONAL SERVICES 10. INDEMNIFICATION C:\\Users\\hlyle\\Documents\\_PROJECTS\\LaPorte\\_4th and D st\\D Street and 4th Street Proposal.doc City of La Porte October 17, 2014 Page 4 of 5 Attachment A Scope of Services Project Description D Street and 4th Street Paving and Drainage Improvements D Street and 4th Street Paving and Drainage Improvements project will consist of the replacement th of concrete pavement and drainage improvements on D Street from the 6 Street intersection to the rdth 3 Street intersection and on 4 Street from B Street to D Street. Additionally, the project will include new concrete sidewalk and the replacement of a 6-inch water line on D Street. CobbFendley will perform services as follows: provide survey for the project limits, provide general designs required to bid the project, review preliminary plans with city staff and incorporate comments, prepare bidding documents, attend pre-bid meeting, attend bid-opening meeting, and provide limited construction administrative services. Design Phase Tasks Upon receiving the CityÔs authorization, CobbFendley will proceed with the project as follows: 1)Authorize the geotechnical engineer to proceed with exploration and report development. 2)Authorize the surveyor to procure the topographical information. 3)Analyze all relevant information and develop engineering designs. 4)Review preliminary plans with city staff and incorporate comments. 5)Proceed to develop contract documents. Bid Phase Services: CobbFendley will assist the City in the bidding process, including attendance at a prebid meeting if desired, bid opening, tabulation and evaluation of the bids. CobbFendley will also make a recommendation for the contract award to the City. Construction Phase Services: CobbFendley will provide limited construction phase services as follows: Attendance at preconstruction meeting. Construction contract administration services throughout the construction phases. This will include review of pay estimates, and response to contractorÔs inquiries. Provide communication between the City and the Contractors and consult with and advise the City. Participate in the final acceptance inspections. Construction inspection services and construction period site visits have not been included in this proposal. CobbFendley has construction inspection staff available should the City find it necessary to seek assistance in this area. C:\\Users\\hlyle\\Documents\\_PROJECTS\\LaPorte\\_4th and D st\\D Street and 4th Street Proposal.doc City of La Porte October 17, 2014 Page 5 of 5 COMPENSATION: The compensation to be paid to CobbFendley for providing the described engineering services will be as follows: D Street and 4th Street Paving and Drainage Improvements 1)Basic Services (LS) a)Topographic survey. ..............................................................................................$15,400.00 b)Geotechnical Exploration and Report(pending approval .................................. $5,000.00 c)General Design-Paving, Drainage, Traffic Control, Details, SWPPP, Bidding phase services, limited construction admin, and (2) meetings .........$55,185.00 th D Street and 4 Street Paving and Drainage Improvements Total ................................. $75,585.00 ADDITIONAL SERVICES: Additional service items that are more general in nature may be defined at a later date. These items, when specifically agreed to in writing by the City and CobbFendley, will be invoiced at direct personnel expense times a multiplier of 2.4 as called for in the original base contract with the City. Additional Services may include such things as: Construction Surveying or Staking. Construction period inspection or site visitation services. Materials testing services (subgrade compaction, lime content, concrete testing.) Services rendered in resolution of extensive claims by Contractor or City. Comprehensive review of Bidder Qualifications C:\\Users\\hlyle\\Documents\\_PROJECTS\\LaPorte\\_4th and D st\\D Street and 4th Street Proposal.doc REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested: Motor Pool Motor Pool D. Mick D. Mick Source of Funds:Source of Funds: Requested By: Various Various Public Works Public Works Account Number:Account Number: Department: 843,014.00 843,014.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: 848,845.00 848,845.00 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNO Attachments : 1. Summary of Vehicle Replacement1. Summary of Vehicle Replacement 2. HGAC and Texas BuyBoard Worksheets2. HGAC and Texas BuyBoard Worksheets SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Competitive quotes were received through HCompetitive quotes were received through H--GAC and Texas Buy Board local government purchasing cooperatives, for replacement of one GAC and Texas Buy Board local government purchasing cooperatives, for replacement of one ambulance cab/chassis with module remount, one wheeled excavator, one wheeled loader, one passenger van, and six pickup trucks.ambulance cab/chassis with module remount, one wheeled excavator, one wheeled loader, one passenger van, and six pickup trucks.                                                                                                                                        VENDOR       BUDGET ITEMBUDGET ITEMBUDGETEDBUDGETEDBIDBID Dallas DodgeRam 4500 Diesel Cab/ChassisRam 4500 Diesel Cab/Chassis  72,500.00  72,500.00  90,850.00  90,850.00 with module remountwith module remount 1 **1 **   18,350.00  18,350.00 Romco EquipmentRomco Equipment292,967.00292,967.00292,967.00292,967.00255,466.00255,466.00255,466.00255,466.00 2222 Wheeled ExcavatorWheeled Excavator Associated SupplyWheel LoaderWheel Loader145,644.00145,644.00139,047.76139,047.76 Pick up ½ ton, crew cab, 4 x 4Pick up ½ ton, crew cab, 4 x 4  34,027.00  34,027.00  32,999.00  32,999.00 15 Passenger Van15 Passenger Van  39,665.00  39,665.00  31,375.00  31,375.00 Caldwell Country Ford Pick up ¾ ton, crew cab, 4 x 4 Pick up ¾ ton, crew cab, 4 x 4   46,676.00  46,676.00  32,865.00  32,865.00 Dual rear wheel Crew cab/chassis with long Dual rear wheel Crew cab/chassis with long   33,690.00  33,690.00  27,160.00  27,160.00 bed bed 3 3 ––Pickup truck, ½ tonPickup truck, ½ ton  52,643.00  52,643.00   54,307.00   54,307.00 Chastang Ford  664,069.76664,069.76 736,162.000736,162.000 TOTALTOTAL**** 1 Fire Control, Prevention, and Emergency Medical Services District (LPFCPEMSD) budget $18,350.00. Fire Control, Prevention, and Emergency Medical Services District (LPFCPEMSD) budget $18,350.00.  ** 2 changing from dual cab gradall to single cab rubber tire excavator with articulating bucket attachment and concrete breakerchanging from dual cab gradall to single cab rubber tire excavator with articulating bucket attachment and concrete breaker   ** “Budgeted”total includes $18,350 budget adjustment proposed with the EMS Consent Agenda Request Item (e) and assumes city council total includes $18,350 budget adjustment proposed with the EMS Consent Agenda Request Item (e) and assumes city council authorization of this item.      Changes in equipment type, size, and design modification requested by Departments include:Changes in equipment type, size, and design modification requested by Departments include:   The existing Ambulance module will be remounted to a new cab and chassis with upgrades to the ambulance module equipment.The existing Ambulance module will be remounted to a new cab and chassis with upgrades to the ambulance module equipment.   The elimination of a driving cab for excavator. A one cab, rubber tired excavator travels at 25 miles per hour, capable of traveling The elimination of a driving cab for excavator. A one cab, rubber tired excavator travels at 25 miles per hour, capable of traveling from Public Works to any location in less than 20 minutes.from Public Works to any location in less than 20 minutes.   Miscellaneous:    The vehicles to be purchased with this agenda request will replace existing vehicles that are now at the end of their service lives.  The The vehicles to be purchased with this agenda request will replace existing vehicles that are now at the end of their service lives.  The “Budgeted”amount listed in the table on the previous page represents the total funds deposited by each department through FY 2015 amount listed in the table on the previous page represents the total funds deposited by each department through FY 2015 in the form of “lease fees”paid by the department over the lease term designated for each vehicle.paid by the department over the lease term designated for each vehicle. Action Required of Council: 1.Consider approval or other action to award purchase of one ambulance cab and chassis with ambulance module remount to Dallas Consider approval or other action to award purchase of one ambulance cab and chassis with ambulance module remount to Dallas Dodge ($90,850.00). 2.Consider approval or other action to award purchase of one Consider approval or other action to award purchase of one ––wheeled excavator to Romco Equipment ($255,466.00).wheeled excavator to Romco Equipment ($255,466.00). 3. Consider approval or other action to award purchase of one  Consider approval or other action to award purchase of one ––wheeled loader to Associated Supply ($139,047.76)wheeled loader to Associated Supply ($139,047.76) 4.Consider approval or other action to award purchase of one pick up ½ ton crew cab 4 x 4 ($32,999.00), one 15 Passenger Van Consider approval or other action to award purchase of one pick up ½ ton crew cab 4 x 4 ($32,999.00), one 15 Passenger Van ($31,375.00), One ¾ ton crew cab 4x4 pickup ($32,865.00), and one dual rear wheel crew cab long bed pickup ($27,160.00), to ($31,375.00), One ¾ ton crew cab 4x4 pickup ($32,865.00), and one dual rear wheel crew cab long bed pickup ($27,160.00), to Caldwell Country Ford   5.Consider approval or other action to award purchase of three pick upConsider approval or other action to award purchase of three pick up’’s ½ ton ($54,307.00) to Chastang Ford.s ½ ton ($54,307.00) to Chastang Ford. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Street Maintenance Street Maintenance D. Mick D. Mick Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Public Works Public Works Department: 250,000.00 250,000.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: 250,000.00 250,000.00 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Repair Locations1. Repair Locations 2. FY 20142. FY 2014--2015 Bid Tabulation2015 Bid Tabulation 3. Bid Packet Access Report3. Bid Packet Access Report SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Bid 15003, FY 2015 Concrete Street Repair was opened on October 21, 2014 with the sole bid provided by Brooks Bid 15003, FY 2015 Concrete Street Repair was opened on October 21, 2014 with the sole bid provided by Brooks Concrete, Inc.  Brooks Concrete Inc. has successfully completed a number of projects for the city the previous Concrete, Inc.  Brooks Concrete Inc. has successfully completed a number of projects for the city the previous two years including Shady River Road and the FY 13 Concrete Street Repair project.  two years including Shady River Road and the FY 13 Concrete Street Repair project.    Staff recommends award of the FY 2015 Concrete Street Repair project to Brooks Concrete Inc. in the bid Staff recommends award of the FY 2015 Concrete Street Repair project to Brooks Concrete Inc. in the bid amount of $232,605.05 with a contingency amount equal to $17,394.95 (7.5%) for a total project allocation of amount of $232,605.05 with a contingency amount equal to $17,394.95 (7.5%) for a total project allocation of $250,000.  The combined FY 14 + FY 15 budget is also $250,000.  $250,000.  The combined FY 14 + FY 15 budget is also $250,000.    Other Considerations:Other Considerations:   Public Works rolled the $100,000 FY 14 budget allocation for contract concrete repairs to FY 15 for a Public Works rolled the $100,000 FY 14 budget allocation for contract concrete repairs to FY 15 for a combined FY 14 + FY 15 budget for contract concrete street repairs equal to $250,000.  The $128,000 FY combined FY 14 + FY 15 budget for contract concrete street repairs equal to $250,000.  The $128,000 FY 13 project attracted two bidders.  Staff hoped to attract additional bidders for this FY 2015 project by 13 project attracted two bidders.  Staff hoped to attract additional bidders for this FY 2015 project by combining the funding for two fiscal years and increasing the project size.    combining the funding for two fiscal years and increasing the project size.       On average the unit prices provided with this bid are 5.6% On average the unit prices provided with this bid are 5.6% higherhigher than the lowest FY 2013 bid and 7.9% than the lowest FY 2013 bid and 7.9% lower than the second than the second--low FY 2013 bid.low FY 2013 bid.   City crews completed 3600 City crews completed 3600 -- 4000 SY of concrete street repairs per year the previous two years with 4000 SY of concrete street repairs per year the previous two years with contractor repairs averaging 1500 contractor repairs averaging 1500 -- 2000 SY per year.  Public Works leans toward contracting concrete 2000 SY per year.  Public Works leans toward contracting concrete repairs where the repair will either involve a detour, the simultaneous closure of several driveways, or repairs where the repair will either involve a detour, the simultaneous closure of several driveways, or where the repair is located in or near a busy or higherwhere the repair is located in or near a busy or higher--speed intersection. speed intersection.    The FY 2015 capital improvement budget description for this project included concrete repair areas on N. The FY 2015 capital improvement budget description for this project included concrete repair areas on N. th 12, Cottonwood, Ashton Lane, Old Hickory, Carlow, and Quiet Hill.  Elmwood Avenue was added to the , Cottonwood, Ashton Lane, Old Hickory, Carlow, and Quiet Hill.  Elmwood Avenue was added to the contract list.  City crews recently completed the Carlow and Quiet Hill repairs.  Old Hickory will be contract list.  City crews recently completed the Carlow and Quiet Hill repairs.  Old Hickory will be considered with other future repairs by city crews.     considered with other future repairs by city crews.        Project Benefits, Liabilities, and Operating Cost:  Project Benefits, Liabilities, and Operating Cost:    Benefits: The proposed project provides for maintenance of existing public facilities.The proposed project provides for maintenance of existing public facilities.      Liabilities of Maintaining the Status Quo:Liabilities of Maintaining the Status Quo: Deferred maintenance moves cost to future budget years. Deferred maintenance moves cost to future budget years.    Operating Costs:Operating Costs: Operating Costs:Operating Costs: No new facilities will be added with this project. No new facilities will be added with this project.  Action Required of Council:Action Required of Council: Consider approval or other action for the award of Bid No. 15003 to Brooks Construction Consider approval or other action for the award of Bid No. 15003 to Brooks Construction Inc. for the FY 2015 Concrete Street Repair contract in the bid amount of $232,605.05, plus Inc. for the FY 2015 Concrete Street Repair contract in the bid amount of $232,605.05, plus a contingency amount equal to $17,394.95 (7.5%) for a total project allocation of $250,000. a contingency amount equal to $17,394.95 (7.5%) for a total project allocation of $250,000. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A T. Tietjens/E. Ensey T. Tietjens/E. Ensey Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The Planning and Zoning Commission conducted a public hearing on this item at their The Planning and Zoning Commission conducted a public hearing on this item at their September 25, 2014, and October 30, 2014, meetings. September 25, 2014, and October 30, 2014, meetings. Following the public hearing, the Following the public hearing, the Commission voted unanimously to recommend approval of the proposed modifications to Commission voted unanimously to recommend approval of the proposed modifications to Chapter 106, Zoning Ordinance. As a result, the Planning and Zoning Commission is Chapter 106, Zoning Ordinance. As a result, the Planning and Zoning Commission is requesting consideration of the attached ordinance that would amend Chapter 106 (Zoning requesting consideration of the attached ordinance that would amend Chapter 106 (Zoning Ordinance) of the CityOrdinance) of the City’’s Code of Ordinances.s Code of Ordinances.   Background Information:Background Information:Background Information:Background Information: The Planning and Zoning Commission formed the Chapter 106 (Zoning) Subcommittee to The Planning and Zoning Commission formed the Chapter 106 (Zoning) Subcommittee to conduct a thorough review of the Cityconduct a thorough review of the City’’s Zoning Ordinance and offer recommendations on s Zoning Ordinance and offer recommendations on modifications to the code. The Subcommittee was formed in January 2013, and consists of modifications to the code. The Subcommittee was formed in January 2013, and consists of Commissioners Mark Follis (Chair), Phillip Hoot, Richard Warren, and Les Bird. Planning Commissioners Mark Follis (Chair), Phillip Hoot, Richard Warren, and Les Bird. Planning and Development Department staff support was provided to the group. The Subcommittee and Development Department staff support was provided to the group. The Subcommittee presented recommended modifications to the Commission at the September 25, 2014, presented recommended modifications to the Commission at the September 25, 2014, meeting and continued the public hearing to the October 30, 2014, meeting to further discuss meeting and continued the public hearing to the October 30, 2014, meeting to further discuss a couple of issues with the Subcommittee prior to the Commission making a formal a couple of issues with the Subcommittee prior to the Commission making a formal recommendation to the City Council. recommendation to the City Council.   The attached ordinance was drafted to repeal Chapter 106 in its entirety and reThe attached ordinance was drafted to repeal Chapter 106 in its entirety and re--adopt it in adopt it in the version presented in the ordinance. This ordinance version does not contain strikethe version presented in the ordinance. This ordinance version does not contain strike--thru thru text or highlighted versions to show where changes are proposed. As a result, staff has text or highlighted versions to show where changes are proposed. As a result, staff has attached a separate exhibit containing highlighted and strikeattached a separate exhibit containing highlighted and strike--thru text that shows where thru text that shows where modifications are being proposed. modifications are being proposed.   Section 106--171 of the City171 of the City’’s Code of Ordinances outlines the applicable requirements for s Code of Ordinances outlines the applicable requirements for notification of a public hearing. Notification was provided in accordance with applicable notification of a public hearing. Notification was provided in accordance with applicable requirements, including notification of the public hearing in the Bay Area Observer 15 days requirements, including notification of the public hearing in the Bay Area Observer 15 days prior to the scheduled public hearing. Additionally, the public hearing was posted at City Hall prior to the scheduled public hearing. Additionally, the public hearing was posted at City Hall and on the Cityand on the City’’s website. s website. Direct notification of the hearing was also mailed to 160 local real Direct notification of the hearing was also mailed to 160 local real estate, land planning, and development professionals.estate, land planning, and development professionals.   The following includes a description of the major modifications being proposed. Staff The following includes a description of the major modifications being proposed. Staff attempted to provide in the description where the proposed modifications occurred (ie. attempted to provide in the description where the proposed modifications occurred (ie. Section or Article) for reference purposes. The table of contents at the beginning of the Section or Article) for reference purposes. The table of contents at the beginning of the highlighted/strikehighlighted/strike--thru version of Chapter 106 can be also used to more quickly find the thru version of Chapter 106 can be also used to more quickly find the applicable page of the modification.applicable page of the modification.   Those areas in the highlighted/strikeThose areas in the highlighted/strike--thru version of Chapter 106 as highlighted in thru version of Chapter 106 as highlighted in yellowyellow indicate new language as part of the proposed modification to Chapter 106 (Zoning). The indicate new language as part of the proposed modification to Chapter 106 (Zoning). The strike-throughsthroughs indicate where language is proposed to be removed. In the tables in Section indicate where language is proposed to be removed. In the tables in Section 106-310 (Commercial and Industrial Uses) and Section 106310 (Commercial and Industrial Uses) and Section 106--839 (Number of Parking Spaces 839 (Number of Parking Spaces Required) text that is Required) text that is ““blackblack””signifies no change in the use from the conversion, text in signifies no change in the use from the conversion, text in “red” indicates that new information was included as part of the conversion, and indicates that new information was included as part of the conversion, and ““blueblue””text text indicates that the information was in conflict during the conversion. This conflict could have indicates that the information was in conflict during the conversion. This conflict could have occurred because one SIC number was split into two or more NAICS numbers or combined occurred because one SIC number was split into two or more NAICS numbers or combined from two SIC numbers; so, the Subcommittee made modifications as appropriate.from two SIC numbers; so, the Subcommittee made modifications as appropriate.   General ModificationsGeneral Modifications:: 1.For clarification purposes, any reference to a section of the code was modified to include the name of the For clarification purposes, any reference to a section of the code was modified to include the name of the various code section referred to. For example, the reference might be various code section referred to. For example, the reference might be ““Sec. 106Sec. 106--800.800.””The subcommittee The subcommittee included the name of that section being referred to: included the name of that section being referred to: ““Sec. 106Sec. 106--800 (Landscaping).800 (Landscaping).””This was done for all This was done for all code references throughout Chapter 106 for ease of reference.code references throughout Chapter 106 for ease of reference. 2.References to References to ““Southern Building Code Congress International (S.B.C.C.I.)Southern Building Code Congress International (S.B.C.C.I.)””were removed and changed were removed and changed to “City Code of Ordinances.City Code of Ordinances.”” 3.The City Council had previously approved an ordinance amending various provisions concerning group The City Council had previously approved an ordinance amending various provisions concerning group homes. Codification of those regulations was submitted after the last update. These regulations have been homes. Codification of those regulations was submitted after the last update. These regulations have been included as they were approved by the City Council and can be found in Article II, Division 2, Subdivision I, included as they were approved by the City Council and can be found in Article II, Division 2, Subdivision I, Residential Generally.Residential Generally. 4.Any reference to the Planning Department was replaced with Any reference to the Planning Department was replaced with ““Planning and DevelopmentPlanning and Development””as it relates to as it relates to the department name or title of the director.the department name or title of the director.   Definitions (Section 106Definitions (Section 106--1)1):: 5.A number of definitions were added to address deficiencies in the code that previously existed. However, A number of definitions were added to address deficiencies in the code that previously existed. However, there were a number of new sections of the code that required new definitions including the following there were a number of new sections of the code that required new definitions including the following sections, all of which will be discussed in depth later in this staff report: design standards, high frequency sections, all of which will be discussed in depth later in this staff report: design standards, high frequency truck roads, visibility triangle, and mixed use district.truck roads, visibility triangle, and mixed use district.   Board of Adjustment (Article II, Division 2, Subdivision III)Board of Adjustment (Article II, Division 2, Subdivision III):: 6.Modifications were made to the terms of ZBOA members to be consistent with Local Government Code Modifications were made to the terms of ZBOA members to be consistent with Local Government Code (LGC) mandates. The LGC mandates 2 year terms, which is actually consistent with the city(LGC) mandates. The LGC mandates 2 year terms, which is actually consistent with the city’’s practice. s practice. This modification makes the cityThis modification makes the city’’s practice consistent with LGC mandates.s practice consistent with LGC mandates.   Permits (Article II, Division 4)Permits (Article II, Division 4):: 7.Section 106Section 106--150, which addresses bonding for multifamily development, was adopted by the City Council 150, which addresses bonding for multifamily development, was adopted by the City Council but never codified. This section has been included. The Subcommittee is also recommending a couple but never codified. This section has been included. The Subcommittee is also recommending a couple additional modifications to this section, which are in red font. additional modifications to this section, which are in red font. additional modifications to this section, which are in red font. additional modifications to this section, which are in red font. First, there has been a request by multifamily developers to allow for other forms of assurances rather than First, there has been a request by multifamily developers to allow for other forms of assurances rather than bonds or irrevocable letters of credit. Language has been added allowing for consideration of other bonds or irrevocable letters of credit. Language has been added allowing for consideration of other assurances if approved by the Planning and Zoning Commission. This proposed modification has been made assurances if approved by the Planning and Zoning Commission. This proposed modification has been made to subsection (a). to subsection (a). Additionally subsection (b) was modified to clarify the standards for which this assurance could be pulled, Additionally subsection (b) was modified to clarify the standards for which this assurance could be pulled, including maintaining including maintaining ““the health, safety and welfare of the tenants and the integrity of the surrounding the health, safety and welfare of the tenants and the integrity of the surrounding neighborhood.neighborhood.””   Nonconforming Lots of Record (Section 106Nonconforming Lots of Record (Section 106--268)268):: 1.Section 106Section 106--268, Nonconforming lots of record, describes requirements for those lots of record that are 268, Nonconforming lots of record, describes requirements for those lots of record that are nonconforming and requirements for those lots, including bringing those properties into compliance with the nonconforming and requirements for those lots, including bringing those properties into compliance with the code. Subsection (a) currently requires any Subsection (a) currently requires any ““new use or change in occupancynew use or change in occupancy””be subject to review by the be subject to review by the Planning Director including review of parking, loading, vehicular access, landscaping, setbacks, utility Planning Director including review of parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirements. The Subcommittee is recommending that the phrase availability, and other requirements. The Subcommittee is recommending that the phrase ““or change in or change in occupancyoccupancy””be stricken from this subsection. This would prevent the City from requiring those be stricken from this subsection. This would prevent the City from requiring those nonconforming lots of record to come into compliance with the code and would allow them to remain nonconforming lots of record to come into compliance with the code and would allow them to remain nonconforming until such time as a new use is proposed on the site. Some of the nonconformities that staff nonconforming until such time as a new use is proposed on the site. Some of the nonconformities that staff has traditionally reviewed include, but is not limited to, the review of parking, loading, vehicular access, has traditionally reviewed include, but is not limited to, the review of parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirementslandscaping, setbacks, utility availability, and other requirements The proposed language specifies what items specifically staff can review when there is a change in use on The proposed language specifies what items specifically staff can review when there is a change in use on a site. Staff and the Subcommittee agreed that the inclusion of a site. Staff and the Subcommittee agreed that the inclusion of ““parking lot surfacing for required parking, parking lot surfacing for required parking, dumpster enclosuresdumpster enclosures””to go along with those items already included in this subsection including required to go along with those items already included in this subsection including required parking, loading, vehicular access, landscaping, setbacks and utility availability, provide for a reasonable list parking, loading, vehicular access, landscaping, setbacks and utility availability, provide for a reasonable list of items staff can review.of items staff can review.   Section 106Section 106--310, Commercial and Industrial Uses Table310, Commercial and Industrial Uses Table:: 2.As a means to improve access to information for those developing businesses , the Subcommittee is As a means to improve access to information for those developing businesses , the Subcommittee is recommending combining both the commercial and industrial land use tables (Sections 106recommending combining both the commercial and industrial land use tables (Sections 106--441 and 106441 and 106-521, respectively) and relocating them to a new Section 106respectively) and relocating them to a new Section 106--310. 310. In the current version of the code, land uses in the City of La Porte were categorized through the Standard In the current version of the code, land uses in the City of La Porte were categorized through the Standard Industry Classification (SIC) system and the industry number assigned to individual uses. The SIC was Industry Classification (SIC) system and the industry number assigned to individual uses. The SIC was adopted in 1987 and the United States Office of Management and Budget has since transferred the industry adopted in 1987 and the United States Office of Management and Budget has since transferred the industry classification system to the North American Industry Classification System (NAICS), which is more classification system to the North American Industry Classification System (NAICS), which is more comprehensive, specified and accurately indexes current businesses. As a result, the SIC has become comprehensive, specified and accurately indexes current businesses. As a result, the SIC has become obsolete. The Subcommittee went through the entire NAICS classification manual and incorporated those obsolete. The Subcommittee went through the entire NAICS classification manual and incorporated those classifications in the proposed table. The Subcommittee also incorporated all applicable classifications in the proposed table. The Subcommittee also incorporated all applicable classifications in the proposed table. The Subcommittee also incorporated all applicable classifications in the proposed table. The Subcommittee also incorporated all applicable ““““footnotesfootnotesfootnotesfootno tes””””into the into the into the into the new table. In this table, text that is new table. In this table, text that is ““blackblack””signifies no change in the use from the conversion, text in signifies no change in the use from the conversion, text in “red” indicates that new information was included as part of the conversion, and indicates that new information was included as part of the conversion, and ““blueblue””text indicates that the text indicates that the information was in conflict during the conversion. This conflict could have occurred because one SIC information was in conflict during the conversion. This conflict could have occurred because one SIC number was split into two or more NAICS numbers or combined from two SIC numbers, so those uses number was split into two or more NAICS numbers or combined from two SIC numbers, so those uses were categorized accordingly.were categorized accordingly. Of note for this discussion, the table includes the proposed MU, Mixed Use District. A more complete Of note for this discussion, the table includes the proposed MU, Mixed Use District. A more complete description of this district will be addressed later in this staff report. The 106 Subcommittee has identified description of this district will be addressed later in this staff report. The 106 Subcommittee has identified those NAICS uses they recommend including as part of the MU District, including single family residential those NAICS uses they recommend including as part of the MU District, including single family residential and limited commercial uses.and limited commercial uses.   3.At the direction of the City Council, the Planning and Zoning Commission has reviewed possible At the direction of the City Council, the Planning and Zoning Commission has reviewed possible modifications to the citymodifications to the city’’s regulations concerning hotel/motel development. The proposed modifications s regulations concerning hotel/motel development. The proposed modifications have been included in Footnote 12 of the Commercial and Industrial Uses Table (Section 106have been included in Footnote 12 of the Commercial and Industrial Uses Table (Section 106--310). The 310). The following is a list of the Commissionfollowing is a list of the Commission’’s recommendations based on the discussion:s recommendations based on the discussion: The Commission expressed concern with imposing a 1000 foot distance requirement between hotel/motel The Commission expressed concern with imposing a 1000 foot distance requirement between hotel/motel developments as hotels/motels provide revenue to the City and also encourage support uses around them, developments as hotels/motels provide revenue to the City and also encourage support uses around them, including restaurants, so that action is not recommended here.including restaurants, so that action is not recommended here. Protection of residential was the primary goal expressed by the Commission. The Commission discussed Protection of residential was the primary goal expressed by the Commission. The Commission discussed modifying Footnote 4 from modifying Footnote 4 from ““adjacent toadjacent to””to to ““within 250 feet.within 250 feet.””This would require any hotel/motel This would require any hotel/motel developments within 250 feet of any residentially zoned property to be reviewed as a conditional use, developments within 250 feet of any residentially zoned property to be reviewed as a conditional use, thereby requiring public hearings before the Planning and Zoning Commission and City Council.thereby requiring public hearings before the Planning and Zoning Commission and City Council. Because uses in the GC zone district are allowed in industrial zone districts, ensure that the same residential Because uses in the GC zone district are allowed in industrial zone districts, ensure that the same residential proximity and conditional use requirement be required for hotels/motels that may develop within industrial proximity and conditional use requirement be required for hotels/motels that may develop within industrial districts. Requiring all hotels/motels to install a security and surveillance system to monitor the parking lot area and Requiring all hotels/motels to install a security and surveillance system to monitor the parking lot area and ingress and egress point to the building. Such system would assist the police department in the event of ingress and egress point to the building. Such system would assist the police department in the event of criminal activity at a hotel or motel. This requirement could be added as a note on a site development plan criminal activity at a hotel or motel. This requirement could be added as a note on a site development plan associated with new construction.associated with new construction.   Section 106Section 106--311, Visibility triangle311, Visibility triangle:: 1.This section was established to consolidate all regulations pertaining to visibility triangles into one section This section was established to consolidate all regulations pertaining to visibility triangles into one section and under one common name. Additionally a new definition was added to the 106and under one common name. Additionally a new definition was added to the 106--1, Definitions. The 1, Definitions. The current version of the Zoning Ordinance has references to visibility triangles scattered throughout the code current version of the Zoning Ordinance has references to visibility triangles scattered throughout the code that contained different requirements, which at sometime conflicted. References to visibility triangles in that contained different requirements, which at sometime conflicted. References to visibility triangles in sections of the code such as signage and landscaping have been revised to refer to this section.sections of the code such as signage and landscaping have been revised to refer to this section.   Section 106Section 106--333, Table B, residential area requirements333, Table B, residential area requirements:: 2.Footnote 5 of the table has been modified to require a 5Footnote 5 of the table has been modified to require a 5--foot setback on residential properties when the side foot setback on residential properties when the side yard is adjacent to a local street and a 10yard is adjacent to a local street and a 10--foot setback when the side yard is adjacent to a freeway, arterial foot setback when the side yard is adjacent to a freeway, arterial or collector.or collector.   Section 106Section 106--334, Special use performance standards for residential334, Special use performance standards for residential:: 3.Subsection (a) refers to the screening requirements established in Section 106Subsection (a) refers to the screening requirements established in Section 106--444(a). The triggers for 444(a). The triggers for landscaping screening for residential development was not altered.landscaping screening for residential development was not altered. 4.The requirements for group care facilities previously approved by City Council and not codified were The requirements for group care facilities previously approved by City Council and not codified were included as subsection (j) and (k).included as subsection (j) and (k).   Section 106Section 106--441, Commercial uses table441, Commercial uses table:: 5.The table, including footnotes, has been removed and combined with the industrial uses and moved to The table, including footnotes, has been removed and combined with the industrial uses and moved to Section 106Section 106--310.310.   Section 106Section 106--443, Commercial Area Requirements Table443, Commercial Area Requirements Table:: 6.In the GC, General Commercial, District, the Subcommittee is proposing modifications to the minimum In the GC, General Commercial, District, the Subcommittee is proposing modifications to the minimum landscaping requirements based on the size of development. Larger developments would be required to landscaping requirements based on the size of development. Larger developments would be required to provide more landscaping on street fronts, including a larger landscape strip along the frontage.provide more landscaping on street fronts, including a larger landscape strip along the frontage. 7.The “100% Masonry Requirements100% Masonry Requirements””have been replaced with a new section of the code that addresses have been replaced with a new section of the code that addresses design guidelines (Article IX). The specifics of this proposed section will be discussed in greater detail later design guidelines (Article IX). The specifics of this proposed section will be discussed in greater detail later in this report.in this report. 8.Requirements were included for the proposed Mixed Use (MU) District, including setbacks, height, Requirements were included for the proposed Mixed Use (MU) District, including setbacks, height, landscaping, design requirements, etc. The requirements for single family residential were based on those in landscaping, design requirements, etc. The requirements for single family residential were based on those in the R-1 District. The commercial and/or mixed residential and commercial requirements are similar to those 1 District. The commercial and/or mixed residential and commercial requirements are similar to those of the Main Street District, however a front setback is required in the MU District.of the Main Street District, however a front setback is required in the MU District.   Section 106Section 106--444, Commercial Performance Standards444, Commercial Performance Standards:: 9.The Subcommittee is proposing modifications to the screening requirements (subsection (a)) that are The Subcommittee is proposing modifications to the screening requirements (subsection (a)) that are intended to simplify those requirements. The screening requirements are triggered when commercial, intended to simplify those requirements. The screening requirements are triggered when commercial, industrial or other intense uses are constructed adjacent to residential. A developer is given two different industrial or other intense uses are constructed adjacent to residential. A developer is given two different options for screening: 1) a landscaped hedge row with trees; and 2) a solid wood or masonry fence with options for screening: 1) a landscaped hedge row with trees; and 2) a solid wood or masonry fence with trees. 10.10.The overnight boarding of animals (subsection (h)) was relocated to the footnotes of Section 106âThe overnight boarding of animals (subsection (h)) was relocated to the footnotes of Section 106âThe overnight boarding of animals (subsection (h)) was relocated to the footnotes of Section 106âThe overnight boarding of animals (subsection (h)) was relocated to the footnotes of Section 106 €€‘‘‘‘310.310.310.310.   Main Street District With Overlay (Article III, Division 3, Subdivision V)Main Street District With Overlay (Article III, Division 3, Subdivision V):: 11.Certain special use requirements were added to Section 106Certain special use requirements were added to Section 106--511 (Permitted, accessory, and special 511 (Permitted, accessory, and special conditional uses), including prohibiting outdoor storage between Old 146 and Virginia and establishing a conditional uses), including prohibiting outdoor storage between Old 146 and Virginia and establishing a maximum square footage per floor of 5,000. The provisions limiting single family residential to the Main maximum square footage per floor of 5,000. The provisions limiting single family residential to the Main Street District and not in the Overlay as well as allowing residential in the Overlay only above the first floor, Street District and not in the Overlay as well as allowing residential in the Overlay only above the first floor, were relocated to this section for consistency.were relocated to this section for consistency. 12.In Section 106In Section 106--513, Special regulations and procedures, the signage language was moved to the sign code.513, Special regulations and procedures, the signage language was moved to the sign code.   Mixed Use District Mixed Use District (Article III, Division 3, Subdivision VI)(Article III, Division 3, Subdivision VI):: 13.This is a new subdivision. This Mixed Use District is being proposed at the direction of the Planning and This is a new subdivision. This Mixed Use District is being proposed at the direction of the Planning and Zoning Commission and based on the cityZoning Commission and based on the city’’s Comprehensive Plan. The part of the community where this s Comprehensive Plan. The part of the community where this district in intended to be applicable following a city initiated rezoning are the circles near Sylvan Beach district in intended to be applicable following a city initiated rezoning are the circles near Sylvan Beach currently zoned NC, Neighborhood Commercial District. The MU District is intended to allow for currently zoned NC, Neighborhood Commercial District. The MU District is intended to allow for residential and limited commercial uses or a mix of residential and commercial uses scaled in such a manner residential and limited commercial uses or a mix of residential and commercial uses scaled in such a manner as to complement the immediate neighborhood and its residential character. The proposal includes allowing as to complement the immediate neighborhood and its residential character. The proposal includes allowing single family residential development. Should the MU District be approved, staff will begin the process of single family residential development. Should the MU District be approved, staff will begin the process of rezoning those lots within the circle areas.rezoning those lots within the circle areas.   Section 106Section 106--521, Industrial Uses521, Industrial Uses:: 14.The table, including footnotes, has been removed and combined with the commercial uses and moved to The table, including footnotes, has been removed and combined with the commercial uses and moved to Section 106Section 106--310.310.   Section 106Section 106--522. Table A, Industrial area requirements522. Table A, Industrial area requirements:: 15.Similar to the GC, General Commercial, District, the Subcommittee is proposing modifications to the Similar to the GC, General Commercial, District, the Subcommittee is proposing modifications to the minimum landscaping requirements based on the size of development for all industrial zone districts. Larger minimum landscaping requirements based on the size of development for all industrial zone districts. Larger developments would be required to provide more landscaping on street fronts, including a larger landscape developments would be required to provide more landscaping on street fronts, including a larger landscape strip along the frontage.strip along the frontage. 16.The “100% Masonry Requirements100% Masonry Requirements””have been replaced with a new section of the code that addresses have been replaced with a new section of the code that addresses design guidelines (Article IX). The specifics of this proposed section will be discussed in greater detail later design guidelines (Article IX). The specifics of this proposed section will be discussed in greater detail later in this report. These are only required in the Business Industrial (BI) District.in this report. These are only required in the Business Industrial (BI) District. 17.The setbacks for the BI District have been modified, as in practice they are far too restrictive for the size The setbacks for the BI District have been modified, as in practice they are far too restrictive for the size of lots in the BI District. The proposed setbacks are consistent with those of the Light Industrial (LI) of lots in the BI District. The proposed setbacks are consistent with those of the Light Industrial (LI) District.District. 18.Footnote 9 refers to the screening requirements in Section 106Footnote 9 refers to the screening requirements in Section 106--444(a).444(a).   Section 106--523. Industrial performance standards523. Industrial performance standards:: 1.Subsection (g), relating to regulations for sexually oriented businesses, was modified to require more strict Subsection (g), relating to regulations for sexually oriented businesses, was modified to require more strict distance measurements for the locations of S.O.B.s.distance measurements for the locations of S.O.B.s.   Section 106Section 106--680. Exterior building designs:680. Exterior building designs: 2.The proposed modifications to this section impact the requirements for exterior building design of properties The proposed modifications to this section impact the requirements for exterior building design of properties located within the citylocated within the city’’s TIRZ No. 1 zone. This was a provision that was overs TIRZ No. 1 zone. This was a provision that was over--looked by the Subcommittee. looked by the Subcommittee. As a result of the new Design Guidelines in Article IX, the reference to 100% masonry is no longer As a result of the new Design Guidelines in Article IX, the reference to 100% masonry is no longer applicable. The proposed language requires any new nonresidential development within the TIRZ zone to applicable. The proposed language requires any new nonresidential development within the TIRZ zone to comply with the requirements of the Design Guidelines. If a property is not on a thoroughfare identified in comply with the requirements of the Design Guidelines. If a property is not on a thoroughfare identified in Article IX or is located on a thoroughfare identified as a Tier 3, then the Tier 2 requirements apply.Article IX or is located on a thoroughfare identified as a Tier 3, then the Tier 2 requirements apply.   Section 106Section 106--746, Location of heavy truck uses746, Location of heavy truck uses:: 3.This section was established to replace the requirements for truck terminals. The provisions of this section This section was established to replace the requirements for truck terminals. The provisions of this section allow for land use decisions for truck uses based on a Heavy Truck Use Map, which will be established if allow for land use decisions for truck uses based on a Heavy Truck Use Map, which will be established if these proposed requirements are implemented. these proposed requirements are implemented. This section establishes that certain heavy truck uses generated from NAICS uses 484110, 484121, 484220, This section establishes that certain heavy truck uses generated from NAICS uses 484110, 484121, 484220, 484230 and 493 shall only be located within properties directly adjacent to the right484230 and 493 shall only be located within properties directly adjacent to the right--ofof--way of designated way of designated High Frequency Truck Roads, provided those uses comply with the underlying zoning. Heavy truck is High Frequency Truck Roads, provided those uses comply with the underlying zoning. Heavy truck is defined in Section 106defined in Section 106--1 as 1 as any motor vehicle or towed vehicle with a gross vehicle weight rating any motor vehicle or towed vehicle with a gross vehicle weight rating (GVWR), Registered Gross Vehicle Weight (RGVW), or an actual weight, whichever is greater, of (GVWR), Registered Gross Vehicle Weight (RGVW), or an actual weight, whichever is greater, of 26,001 lbs. or more or any combination of vehicles where the gross combined weight rating, total 26,001 lbs. or more or any combination of vehicles where the gross combined weight rating, total . . registered gross vehicle weight or the actual weight of the combination is 26,001 lbs. or moreregistered gross vehicle weight or the actual weight of the combination is 26,001 lbs. or more Further, High Frequency Truck Roadis defined Further, High Frequency Truck Roadis defined as a road designated by the city intended to as a road designated by the city intended to accommodate the heavy truck uses referenced in section 106accommodate the heavy truck uses referenced in section 106--746 (Location of heavy truck uses).746 (Location of heavy truck uses). In other words, this section requires the establishment of a Heavy Truck Use Map to accommodate those In other words, this section requires the establishment of a Heavy Truck Use Map to accommodate those uses defined as heavy truck uses. This map is different than the Cityuses defined as heavy truck uses. This map is different than the City’’s Official Truck Route map and will s Official Truck Route map and will be used as a zoning tool intended to identify those properties where certain heavy truck uses may locate.be used as a zoning tool intended to identify those properties where certain heavy truck uses may locate.   Section 106Section 106--752, Dumpster enclosures752, Dumpster enclosures:: 4.This section was added to incorporate the CityThis section was added to incorporate the City’’s requirements for dumpster enclosures, which had been s requirements for dumpster enclosures, which had been enforced as a policy. When a property owner desires the installation of a dumpster, then the provisions of enforced as a policy. When a property owner desires the installation of a dumpster, then the provisions of this section apply, which require full screening of the dumpster.this section apply, which require full screening of the dumpster.   Section 106Section 106--800, Landscaping800, Landscaping:: 5.Subsection (a) was modified to not require perimeter landscaping in the Main Street District Overlay.Subsection (a) was modified to not require perimeter landscaping in the Main Street District Overlay. 6.Subsection (c) was modified to reference the screening requirements of Section 106Subsection (c) was modified to reference the screening requirements of Section 106--444(a) when adjacent 444(a) when adjacent to residential as well as referring to the visibility triangle requirements in Section 106to residential as well as referring to the visibility triangle requirements in Section 106--311 (Visibility 311 (Visibility triangle).triangle). 7.Subsection (c.4) referring to irrigation of landscaping was amended in reference to the CitySubsection (c.4) referring to irrigation of landscaping was amended in reference to the City’’s requirement s requirement of an irrigation system for landscaping. As proposed, for lots greater than one acre a programmable of an irrigation system for landscaping. As proposed, for lots greater than one acre a programmable automatic irrigation system is required. On those lots one acre or less, in lieu of a programmable automatic automatic irrigation system is required. On those lots 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 irrigation system, a programmable hose bib system may be utilized when plant material is within 100 feet of the hose bib. An exception from the irrigation system requirements is being proposed with the use of xeric the hose bib. An exception from the irrigation system requirements is being proposed with the use of xeric plant materials. The proposal includes a manual irrigation requirement for a minimum of 6 weeks after plant materials. The proposal includes a manual irrigation requirement for a minimum of 6 weeks after planting, for establishment of the plants.planting, for establishment of the plants. 8.Additionally, modifications we made to the landscaping provisions in an attempt to clarify a number of Additionally, modifications we made to the landscaping provisions in an attempt to clarify a number of questions that are routinely asked by the public. First of all, the attempt was to move some requirements questions that are routinely asked by the public. First of all, the attempt was to move some requirements that were in subsections not appropriate to the regulation. For instance, there were spacing requirements of that were in subsections not appropriate to the regulation. For instance, there were spacing requirements of shrubs within the requirements for type of plants and materials. Secondly, there is an attempt to further shrubs within the requirements for type of plants and materials. Secondly, there is an attempt to further clarify the requirements for landscaping within the perimeter planting strip. Shade trees are required within clarify the requirements for landscaping within the perimeter planting strip. Shade trees are required within the planting strip along street frontages. There is an allowance for ornamental trees in locations where there the planting strip along street frontages. There is an allowance for ornamental trees in locations where there are overhead utility lines. Shrubs are required to screen parking areas from the public rightare overhead utility lines. Shrubs are required to screen parking areas from the public right--ofof--way.w ay.   Section 106Section 106--801, Tree preservation801, Tree preservation:: 9.Modifications are proposed to address the health of a tree. In practice, staff has not required diseased or Modifications are proposed to address the health of a tree. In practice, staff has not required diseased or damaged trees to be preserved. The proposed modifications formerly adopt that practice by allowing damaged trees to be preserved. The proposed modifications formerly adopt that practice by allowing diseased trees not be considered quality trees.diseased trees not be considered quality trees.   Section 106Section 106--803, Tree fund803, Tree fund:: 10.The proposed modifications reduce the value of tree replacement from $100 to $50 per caliper inch when The proposed modifications reduce the value of tree replacement from $100 to $50 per caliper inch when paying the tree fund. Additionally, maximum amount requirement are proposed for payment into the tree paying the tree fund. Additionally, maximum amount requirement are proposed for payment into the tree fund: maximum $5,000 per acre (or fraction thereof) with a maximum total payment of $100,000.fund: maximum $5,000 per acre (or fraction thereof) with a maximum total payment of $100,000.   Section  106Section  106Section  106Section  106----805, Visibility triangles805, Visibility triangles805, Visibility triangles805, Visibility triangles:::: 11.This section has been stricken from here and relocated to Section 106This section has been stricken from here and relocated to Section 106--311 and all references to this section 311 and all references to this section were modified.were modified.   Section 106Section 106--835, Parking design standards835, Parking design standards:: 12.The Subcommittee is proposing modifications to Figures 10The Subcommittee is proposing modifications to Figures 10--2 and 102 and 10--3 as it relates to driveway widths and 3 as it relates to driveway widths and curb return radius. Staff used comparisons to Harris County, City of Houston and TxDOT as a means of curb return radius. Staff used comparisons to Harris County, City of Houston and TxDOT as a means of comparison.comparison. 1.In residential, the curb return radius was fairly restrictive, especially for those properties on larger In residential, the curb return radius was fairly restrictive, especially for those properties on larger lots and on high traffic volume streets. The proposal is for 3lots and on high traffic volume streets. The proposal is for 3’’minimum to 15minimum to 15’’maximum curb return maximum curb return radius in Figure 10radius in Figure 10--2.2. 2.In Figure 10In Figure 10--3, the proposal is to increase the driveway width to 353, the proposal is to increase the driveway width to 35’’and add an allowance for a and add an allowance for a maximum driveway width of 45maximum driveway width of 45’’when adjacent to a street that is 55 MPH or greater in commercial when adjacent to a street that is 55 MPH or greater in commercial and a maximum 50and a maximum 50’’driveway in industrial districts. Also proposed is increasing the curb return radius driveway in industrial districts. Also proposed is increasing the curb return radius to a maximum of 25to a maximum of 25’’for commercial and 30for commercial and 30’’for industrial.for industrial.   Section 106Section 106--837, Parking location837, Parking location:: 13.An exclusion is proposed allowing for front yard, unpaved surface parking in Large Lot District.An exclusion is proposed allowing for front yard, unpaved surface parking in Large Lot District.   Section 106Section 106--839, Number of parking spaces required839, Number of parking spaces required:: 14.The subcommittee revised the table to incorporate parking based on the NAICS use categories. Although The subcommittee revised the table to incorporate parking based on the NAICS use categories. Although most uses retained the parking ratios previously applied, there are some modifications to the parking ratio most uses retained the parking ratios previously applied, there are some modifications to the parking ratio proposed for some uses. These changes are being proposed due to excessive parking requirements in some proposed for some uses. These changes are being proposed due to excessive parking requirements in some situations. The red text represents those modifications. Black text indicates no change. Blue text situations. The red text represents those modifications. Black text indicates no change. Blue text demonstrates a new use category that was either derived from one previous SIC code or a new use demonstrates a new use category that was either derived from one previous SIC code or a new use altogether and where staff utilized a similar use to determine the parking requirement.altogether and where staff utilized a similar use to determine the parking requirement. 15.Two footnotes were added to the bottom of the table that are applicable to all uses. The first requires that Two footnotes were added to the bottom of the table that are applicable to all uses. The first requires that product inventory cannot utilize required parking per the provisions of this section. The other footnote states product inventory cannot utilize required parking per the provisions of this section. The other footnote states that the parking requirements of this section must be accommodated onthat the parking requirements of this section must be accommodated on--site and may not include street site and may not include street parking, with the exception of uses in the Main Street District with Overlay and Mixed Use District.parking, with the exception of uses in the Main Street District with Overlay and Mixed Use District.   Section 106Section 106--874, On874, On--premises signspremises signs:: 16.On-premise signage requirements were established for the proposed Mixed Use District in subsection (b. premise signage requirements were established for the proposed Mixed Use District in subsection (b. 5).5). 17.Subsection (a.4) provides an allowance for monumentSubsection (a.4) provides an allowance for monument--style ground signs in the Main Street District. The style ground signs in the Main Street District. The proposal here is to modify this section to allow for ground signs, not monument signs, subject to certain proposal here is to modify this section to allow for ground signs, not monument signs, subject to certain requirements. The reason for this recommendation is because the pole signs are more typical of the time requirements. The reason for this recommendation is because the pole signs are more typical of the time period of the Main Street corridor. Additionally, monument signs can provide visibility issues.period of the Main Street corridor. Additionally, monument signs can provide visibility issues. The Subcommittee is recommending limiting those ground sign faces within the Main Street District to a The Subcommittee is recommending limiting those ground sign faces within the Main Street District to a maximum total area of 24 square feet in size with a minimum of 10 feet from the bottom of the sign and a maximum total area of 24 square feet in size with a minimum of 10 feet from the bottom of the sign and a maximum of 14 feet from the top of the sign. This would allow for smaller pole signs as opposed to maximum of 14 feet from the top of the sign. This would allow for smaller pole signs as opposed to monuments signs.monuments signs. Article IX, Design guidelinesArticle IX, Design guidelines:: 18.The Subcommittee is recommending that all design guidelines and standards be relocated to this section. The Subcommittee is recommending that all design guidelines and standards be relocated to this section. This would replace the This would replace the ““100% Masonry100% Masonry””requirements in the previous version of the code. This proposed requirements in the previous version of the code. This proposed article is broken down into three subdivisions: Design Guidelines for GC, NC and BI Districts, Design article is broken down into three subdivisions: Design Guidelines for GC, NC and BI Districts, Design Guideline for Mixed Use (MU) District, and Design Guidelines for the Main Street (MS) and Main Street Guideline for Mixed Use (MU) District, and Design Guidelines for the Main Street (MS) and Main Street Overlay (MSO) District.Overlay (MSO) District. 19.Design Guidelines for GC, NC and BI DistrictsDesign Guidelines for GC, NC and BI Districts 1.The proposed design guidelines establish a 3The proposed design guidelines establish a 3--tier system of design requirements based on the street. tier system of design requirements based on the street. Tier 1 includes those GC District properties fronting on Highway 146. There are more design Tier 1 includes those GC District properties fronting on Highway 146. There are more design requirements for properties categorized as Tier 1 properties as the Highway 146 corridor is the requirements for properties categorized as Tier 1 properties as the Highway 146 corridor is the gateway retail corridor for the city. Tier 2 includes Spencer Highway, Fairmont Parkway, and South gateway retail corridor for the city. Tier 2 includes Spencer Highway, Fairmont Parkway, and South Broadway Street (Old Highway 146), West Main Street. Tier 2 is a step down from the Broadway Street (Old Highway 146), West Main Street. Tier 2 is a step down from the requirements of Tier 1. Tier 3 includes Barbours Cut Boulevard, North Broadway Street (Old requirements of Tier 1. Tier 3 includes Barbours Cut Boulevard, North Broadway Street (Old Highway 146), Underwood Road, Bay Area Boulevard, Sens Road, Canada Road, East Main Street Highway 146), Underwood Road, Bay Area Boulevard, Sens Road, Canada Road, East Main Street and Highway 225; including all properties zoned BI on said roads.and Highway 225; including all properties zoned BI on said roads. 2.There are requirements for building form, building articulation (which includes varying the façade of There are requirements for building form, building articulation (which includes varying the façade of a building both vertically and horizontally depending on the tier), roofs, design elements, and façade a building both vertically and horizontally depending on the tier), roofs, design elements, and façade materials.materials. 3.These design requirements are a significant step in continuing to improve the appearance and quality These design requirements are a significant step in continuing to improve the appearance and quality of building within the city. The requirements of this chapter are significant, but according to the of building within the city. The requirements of this chapter are significant, but according to the Subcommittee are not excessive or overly restrictive.Subcommittee are not excessive or overly restrictive. 1.Design Guidelines for the MU DistrictDesign Guidelines for the MU District 1.Architectural design guidelines are proposed for commercial or mixed use development that may Architectural design guidelines are proposed for commercial or mixed use development that may take place in this district. These requirements include façade materials and building colors. Single take place in this district. These requirements include façade materials and building colors. Single family residential is excluded from these guidelines.family residential is excluded from these guidelines. 2.Design Guidelines for MS and MSO DistrictDesign Guidelines for MS and MSO District 1.These design guidelines are intended to help property owners and the Main Street Design Assistance These design guidelines are intended to help property owners and the Main Street Design Assistance Review team and was developed by the team. The intent is to protect the historical character of the Review team and was developed by the team. The intent is to protect the historical character of the Main Street area.Main Street area.Main Street area.Main Street area. 2.There are requirements for setbacks and height, massing, roof forms, façade materials, and façade There are requirements for setbacks and height, massing, roof forms, façade materials, and façade characteristics.characteristics. 3.The Subcommittee also recommends some redevelopment principles for single family dwellings. The Subcommittee also recommends some redevelopment principles for single family dwellings. These requirements are minimal and apply only to those houses within the Main Street District in an These requirements are minimal and apply only to those houses within the Main Street District in an attempt to encourage construction of houses that are consistent with the architectural characteristics attempt to encourage construction of houses that are consistent with the architectural characteristics of the time period when Main Street was developed. There is also been included an appeal process of the time period when Main Street was developed. There is also been included an appeal process established in the event that an applicant did not agree with a staff requirement. This language is established in the event that an applicant did not agree with a staff requirement. This language is identical to those review processes included in the design guidelines for commercial development.identical to those review processes included in the design guidelines for commercial development. 3.The changes to Division 1 of Article IX concern design guidelines in the GC and BI zone districts. BI The changes to Division 1 of Article IX concern design guidelines in the GC and BI zone districts. BI properties along Highway 146 were left out of the original requirements and have been added. The properties along Highway 146 were left out of the original requirements and have been added. The reference to pitched roofs being considered toward the vertical articulation requirement has been removed. reference to pitched roofs being considered toward the vertical articulation requirement has been removed. A minimum 3 on 12 pitch roof is required for Tier 1 roofs. References in (d) were modified to refer to the A minimum 3 on 12 pitch roof is required for Tier 1 roofs. References in (d) were modified to refer to the correct requirements.correct requirements. Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an ordinance amending Chapter 106 an ordinance amending Chapter 106 ““ZoningZoning””of the City of La Porte Code of Ordinances in its entirety in of the City of La Porte Code of Ordinances in its entirety in connection with a comprehensive review and update.connection with a comprehensive review and update. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A T. Tiejens/E. Ensey T. Tiejens/E. Ensey Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Ordinance1. Ordinance 2. P&Z Recommendation Letter2. P&Z Recommendation Letter 3. Highlighted/Strike3. Highlighted/Strike--thru Version of Chapter thru Version of Chapter 106 SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The Planning and Zoning Commission conducted a public hearing on this item at their The Planning and Zoning Commission conducted a public hearing on this item at their September 25, 2014, and October 30, 2014, meetings. September 25, 2014, and October 30, 2014, meetings. Following the public hearing, the Following the public hearing, the Commission voted unanimously to recommend approval of the proposed modifications to Commission voted unanimously to recommend approval of the proposed modifications to Chapter 106, Zoning Ordinance. As a result, the Planning and Zoning Commission is Chapter 106, Zoning Ordinance. As a result, the Planning and Zoning Commission is requesting consideration of the attached ordinance that would amend Chapter 106 (Zoning requesting consideration of the attached ordinance that would amend Chapter 106 (Zoning Ordinance) of the CityOrdinance) of the City’’s Code of Ordinances.s Code of Ordinances.   Background Information:Background Information:Background Information:Background Information: The Planning and Zoning Commission formed the Chapter 106 (Zoning) Subcommittee to The Planning and Zoning Commission formed the Chapter 106 (Zoning) Subcommittee to conduct a thorough review of the Cityconduct a thorough review of the City’’s Zoning Ordinance and offer recommendations on s Zoning Ordinance and offer recommendations on modifications to the code. The Subcommittee was formed in January 2013, and consists of modifications to the code. The Subcommittee was formed in January 2013, and consists of Commissioners Mark Follis (Chair), Phillip Hoot, Richard Warren, and Les Bird. Planning Commissioners Mark Follis (Chair), Phillip Hoot, Richard Warren, and Les Bird. Planning and Development Department staff support was provided to the group. The Subcommittee and Development Department staff support was provided to the group. The Subcommittee presented recommended modifications to the Commission at the September 25, 2014, presented recommended modifications to the Commission at the September 25, 2014, meeting and continued the public hearing to the October 30, 2014, meeting to further discuss meeting and continued the public hearing to the October 30, 2014, meeting to further discuss a couple of issues with the Subcommittee prior to the Commission making a formal a couple of issues with the Subcommittee prior to the Commission making a formal recommendation to the City Council. recommendation to the City Council.   The attached ordinance was drafted to repeal Chapter 106 in its entirety and reThe attached ordinance was drafted to repeal Chapter 106 in its entirety and re--adopt it in adopt it in the version presented in the ordinance. This ordinance version does not contain strikethe version presented in the ordinance. This ordinance version does not contain strike--thru thru text or highlighted versions to show where changes are proposed. As a result, staff has text or highlighted versions to show where changes are proposed. As a result, staff has attached a separate exhibit containing highlighted and strikeattached a separate exhibit containing highlighted and strike--thru text that shows where thru text that shows where modifications are being proposed. modifications are being proposed.   Section 106--171 of the City171 of the City’’s Code of Ordinances outlines the applicable requirements for s Code of Ordinances outlines the applicable requirements for notification of a public hearing. Notification was provided in accordance with applicable notification of a public hearing. Notification was provided in accordance with applicable requirements, including notification of the public hearing in the Bay Area Observer 15 days requirements, including notification of the public hearing in the Bay Area Observer 15 days prior to the scheduled public hearing. Additionally, the public hearing was posted at City Hall prior to the scheduled public hearing. Additionally, the public hearing was posted at City Hall and on the Cityand on the City’’s website. s website. Direct notification of the hearing was also mailed to 160 local real Direct notification of the hearing was also mailed to 160 local real estate, land planning, and development professionals.estate, land planning, and development professionals.   The following includes a description of the major modifications being proposed. Staff The following includes a description of the major modifications being proposed. Staff attempted to provide in the description where the proposed modifications occurred (ie. attempted to provide in the description where the proposed modifications occurred (ie. Section or Article) for reference purposes. The table of contents at the beginning of the Section or Article) for reference purposes. The table of contents at the beginning of the highlighted/strikehighlighted/strike--thru version of Chapter 106 can be also used to more quickly find the thru version of Chapter 106 can be also used to more quickly find the applicable page of the modification.applicable page of the modification.   Those areas in the highlighted/strikeThose areas in the highlighted/strike--thru version of Chapter 106 as highlighted in thru version of Chapter 106 as highlighted in yellowyellow indicate new language as part of the proposed modification to Chapter 106 (Zoning). The indicate new language as part of the proposed modification to Chapter 106 (Zoning). The strike-throughsthroughs indicate where language is proposed to be removed. In the tables in Section indicate where language is proposed to be removed. In the tables in Section 106-310 (Commercial and Industrial Uses) and Section 106310 (Commercial and Industrial Uses) and Section 106--839 (Number of Parking Spaces 839 (Number of Parking Spaces Required) text that is Required) text that is ““blackblack””signifies no change in the use from the conversion, text in signifies no change in the use from the conversion, text in “red” indicates that new information was included as part of the conversion, and indicates that new information was included as part of the conversion, and indicates that new information was included as part of the conversion, and indicates that new information was included as part of the conversion, and ““““blueblueblueblue””””text text text text indicates that the information was in conflict during the conversion. This conflict could have indicates that the information was in conflict during the conversion. This conflict could have occurred because one SIC number was split into two or more NAICS numbers or combined occurred because one SIC number was split into two or more NAICS numbers or combined from two SIC numbers; so, the Subcommittee made modifications as appropriate.from two SIC numbers; so, the Subcommittee made modifications as appropriate.   General ModificationsGeneral Modifications:: 1.For clarification purposes, any reference to a section of the code was modified to include the name of the For clarification purposes, any reference to a section of the code was modified to include the name of the various code section referred to. For example, the reference might be various code section referred to. For example, the reference might be ““Sec. 106Sec. 106--800.800.””The subcommittee The subcommittee included the name of that section being referred to: included the name of that section being referred to: ““Sec. 106Sec. 106--800 (Landscaping).800 (Landscaping).””This was done for all This was done for all code references throughout Chapter 106 for ease of reference.code references throughout Chapter 106 for ease of reference. 2.References to References to ““Southern Building Code Congress International (S.B.C.C.I.)Southern Building Code Congress International (S.B.C.C.I.)””were removed and changed were removed and changed to “City Code of Ordinances.City Code of Ordinances.”” 3.The City Council had previously approved an ordinance amending various provisions concerning group The City Council had previously approved an ordinance amending various provisions concerning group homes. Codification of those regulations was submitted after the last update. These regulations have been homes. Codification of those regulations was submitted after the last update. These regulations have been included as they were approved by the City Council and can be found in Article II, Division 2, Subdivision I, included as they were approved by the City Council and can be found in Article II, Division 2, Subdivision I, Residential Generally.Residential Generally. 4.Any reference to the Planning Department was replaced with Any reference to the Planning Department was replaced with ““Planning and DevelopmentPlanning and Development””as it relates to as it relates to the department name or title of the director.the department name or title of the director.   Definitions (Section 106Definitions (Section 106--1)1):: 5.A number of definitions were added to address deficiencies in the code that previously existed. However, A number of definitions were added to address deficiencies in the code that previously existed. However, there were a number of new sections of the code that required new definitions including the following there were a number of new sections of the code that required new definitions including the following sections, all of which will be discussed in depth later in this staff report: design standards, high frequency sections, all of which will be discussed in depth later in this staff report: design standards, high frequency truck roads, visibility triangle, and mixed use district.truck roads, visibility triangle, and mixed use district.   Board of Adjustment (Article II, Division 2, Subdivision III)Board of Adjustment (Article II, Division 2, Subdivision III):: 6.Modifications were made to the terms of ZBOA members to be consistent with Local Government Code Modifications were made to the terms of ZBOA members to be consistent with Local Government Code (LGC) mandates. The LGC mandates 2 year terms, which is actually consistent with the city(LGC) mandates. The LGC mandates 2 year terms, which is actually consistent with the city’’s practice. s practice. This modification makes the cityThis modification makes the city’’s practice consistent with LGC mandates.s practice consistent with LGC mandates.   Permits (Article II, Division 4)Permits (Article II, Division 4):: 7.Section 106Section 106--150, which addresses bonding for multifamily development, was adopted by the City Council 150, which addresses bonding for multifamily development, was adopted by the City Council but never codified. This section has been included. The Subcommittee is also recommending a couple but never codified. This section has been included. The Subcommittee is also recommending a couple additional modifications to this section, which are in red font. additional modifications to this section, which are in red font. additional modifications to this section, which are in red font. additional modifications to this section, which are in red font. First, there has been a request by multifamily developers to allow for other forms of assurances rather than First, there has been a request by multifamily developers to allow for other forms of assurances rather than bonds or irrevocable letters of credit. Language has been added allowing for consideration of other bonds or irrevocable letters of credit. Language has been added allowing for consideration of other assurances if approved by the Planning and Zoning Commission. This proposed modification has been made assurances if approved by the Planning and Zoning Commission. This proposed modification has been made to subsection (a). to subsection (a). Additionally subsection (b) was modified to clarify the standards for which this assurance could be pulled, Additionally subsection (b) was modified to clarify the standards for which this assurance could be pulled, including maintaining including maintaining ““the health, safety and welfare of the tenants and the integrity of the surrounding the health, safety and welfare of the tenants and the integrity of the surrounding neighborhood.neighborhood.””   Nonconforming Lots of Record (Section 106Nonconforming Lots of Record (Section 106--268)268):: 1.Section 106Section 106--268, Nonconforming lots of record, describes requirements for those lots of record that are 268, Nonconforming lots of record, describes requirements for those lots of record that are nonconforming and requirements for those lots, including bringing those properties into compliance with the nonconforming and requirements for those lots, including bringing those properties into compliance with the code. Subsection (a) currently requires any Subsection (a) currently requires any ““new use or change in occupancynew use or change in occupancy””be subject to review by the be subject to review by the Planning Director including review of parking, loading, vehicular access, landscaping, setbacks, utility Planning Director including review of parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirements. The Subcommittee is recommending that the phrase availability, and other requirements. The Subcommittee is recommending that the phrase ““or change in or change in occupancyoccupancy””be stricken from this subsection. This would prevent the City from requiring those be stricken from this subsection. This would prevent the City from requiring those nonconforming lots of record to come into compliance with the code and would allow them to remain nonconforming lots of record to come into compliance with the code and would allow them to remain nonconforming until such time as a new use is proposed on the site. Some of the nonconformities that staff nonconforming until such time as a new use is proposed on the site. Some of the nonconformities that staff has traditionally reviewed include, but is not limited to, the review of parking, loading, vehicular access, has traditionally reviewed include, but is not limited to, the review of parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirementslandscaping, setbacks, utility availability, and other requirements The proposed language specifies what items specifically staff can review when there is a change in use on The proposed language specifies what items specifically staff can review when there is a change in use on a site. Staff and the Subcommittee agreed that the inclusion of a site. Staff and the Subcommittee agreed that the inclusion of ““parking lot surfacing for required parking, parking lot surfacing for required parking, dumpster enclosuresdumpster enclosures””to go along with those items already included in this subsection including required to go along with those items already included in this subsection including required parking, loading, vehicular access, landscaping, setbacks and utility availability, provide for a reasonable list parking, loading, vehicular access, landscaping, setbacks and utility availability, provide for a reasonable list of items staff can review.of items staff can review.   Section 106Section 106--310, Commercial and Industrial Uses Table310, Commercial and Industrial Uses Table:: 2.As a means to improve access to information for those developing businesses , the Subcommittee is As a means to improve access to information for those developing businesses , the Subcommittee is recommending combining both the commercial and industrial land use tables (Sections 106recommending combining both the commercial and industrial land use tables (Sections 106--441 and 106441 and 106-521, respectively) and relocating them to a new Section 106respectively) and relocating them to a new Section 106--310. 310. In the current version of the code, land uses in the City of La Porte were categorized through the Standard In the current version of the code, land uses in the City of La Porte were categorized through the Standard Industry Classification (SIC) system and the industry number assigned to individual uses. The SIC was Industry Classification (SIC) system and the industry number assigned to individual uses. The SIC was adopted in 1987 and the United States Office of Management and Budget has since transferred the industry adopted in 1987 and the United States Office of Management and Budget has since transferred the industry classification system to the North American Industry Classification System (NAICS), which is more classification system to the North American Industry Classification System (NAICS), which is more comprehensive, specified and accurately indexes current businesses. As a result, the SIC has become comprehensive, specified and accurately indexes current businesses. As a result, the SIC has become obsolete. The Subcommittee went through the entire NAICS classification manual and incorporated those obsolete. The Subcommittee went through the entire NAICS classification manual and incorporated those classifications in the proposed table. The Subcommittee also incorporated all applicable classifications in the proposed table. The Subcommittee also incorporated all applicable classifications in the proposed table. The Subcommittee also incorporated all applicable classifications in the proposed table. The Subcommittee also incorporated all applicable ““““footnotesfootnotesfootnotesfootno tes””””into the into the into the into the new table. In this table, text that is new table. In this table, text that is ““blackblack””signifies no change in the use from the conversion, text in signifies no change in the use from the conversion, text in “red” indicates that new information was included as part of the conversion, and indicates that new information was included as part of the conversion, and ““blueblue””text indicates that the text indicates that the information was in conflict during the conversion. This conflict could have occurred because one SIC information was in conflict during the conversion. This conflict could have occurred because one SIC number was split into two or more NAICS numbers or combined from two SIC numbers, so those uses number was split into two or more NAICS numbers or combined from two SIC numbers, so those uses were categorized accordingly.were categorized accordingly. Of note for this discussion, the table includes the proposed MU, Mixed Use District. A more complete Of note for this discussion, the table includes the proposed MU, Mixed Use District. A more complete description of this district will be addressed later in this staff report. The 106 Subcommittee has identified description of this district will be addressed later in this staff report. The 106 Subcommittee has identified those NAICS uses they recommend including as part of the MU District, including single family residential those NAICS uses they recommend including as part of the MU District, including single family residential and limited commercial uses.and limited commercial uses.   3.At the direction of the City Council, the Planning and Zoning Commission has reviewed possible At the direction of the City Council, the Planning and Zoning Commission has reviewed possible modifications to the citymodifications to the city’’s regulations concerning hotel/motel development. The proposed modifications s regulations concerning hotel/motel development. The proposed modifications have been included in Footnote 12 of the Commercial and Industrial Uses Table (Section 106have been included in Footnote 12 of the Commercial and Industrial Uses Table (Section 106--310). The 310). The following is a list of the Commissionfollowing is a list of the Commission’’s recommendations based on the discussion:s recommendations based on the discussion: The Commission expressed concern with imposing a 1000 foot distance requirement between hotel/motel The Commission expressed concern with imposing a 1000 foot distance requirement between hotel/motel developments as hotels/motels provide revenue to the City and also encourage support uses around them, developments as hotels/motels provide revenue to the City and also encourage support uses around them, including restaurants, so that action is not recommended here.including restaurants, so that action is not recommended here. Protection of residential was the primary goal expressed by the Commission. The Commission discussed Protection of residential was the primary goal expressed by the Commission. The Commission discussed modifying Footnote 4 from modifying Footnote 4 from ““adjacent toadjacent to””to to ““within 250 feet.within 250 feet.””This would require any hotel/motel This would require any hotel/motel developments within 250 feet of any residentially zoned property to be reviewed as a conditional use, developments within 250 feet of any residentially zoned property to be reviewed as a conditional use, thereby requiring public hearings before the Planning and Zoning Commission and City Council.thereby requiring public hearings before the Planning and Zoning Commission and City Council. Because uses in the GC zone district are allowed in industrial zone districts, ensure that the same residential Because uses in the GC zone district are allowed in industrial zone districts, ensure that the same residential proximity and conditional use requirement be required for hotels/motels that may develop within industrial proximity and conditional use requirement be required for hotels/motels that may develop within industrial districts. Requiring all hotels/motels to install a security and surveillance system to monitor the parking lot area and Requiring all hotels/motels to install a security and surveillance system to monitor the parking lot area and ingress and egress point to the building. Such system would assist the police department in the event of ingress and egress point to the building. Such system would assist the police department in the event of criminal activity at a hotel or motel. This requirement could be added as a note on a site development plan criminal activity at a hotel or motel. This requirement could be added as a note on a site development plan associated with new construction.associated with new construction.   Section 106Section 106--311, Visibility triangle311, Visibility triangle:: 1.This section was established to consolidate all regulations pertaining to visibility triangles into one section This section was established to consolidate all regulations pertaining to visibility triangles into one section and under one common name. Additionally a new definition was added to the 106and under one common name. Additionally a new definition was added to the 106--1, Definitions. The 1, Definitions. The current version of the Zoning Ordinance has references to visibility triangles scattered throughout the code current version of the Zoning Ordinance has references to visibility triangles scattered throughout the code that contained different requirements, which at sometime conflicted. References to visibility triangles in that contained different requirements, which at sometime conflicted. References to visibility triangles in sections of the code such as signage and landscaping have been revised to refer to this section.sections of the code such as signage and landscaping have been revised to refer to this section.   Section 106Section 106--333, Table B, residential area requirements333, Table B, residential area requirements:: 2.Footnote 5 of the table has been modified to require a 5Footnote 5 of the table has been modified to require a 5--foot setback on residential properties when the side foot setback on residential properties when the side yard is adjacent to a local street and a 10yard is adjacent to a local street and a 10--foot setback when the side yard is adjacent to a freeway, arterial foot setback when the side yard is adjacent to a freeway, arterial or collector.or collector.   Section 106Section 106--334, Special use performance standards for residential334, Special use performance standards for residential:: 3.Subsection (a) refers to the screening requirements established in Section 106Subsection (a) refers to the screening requirements established in Section 106--444(a). The triggers for 444(a). The triggers for landscaping screening for residential development was not altered.landscaping screening for residential development was not altered. 4.The requirements for group care facilities previously approved by City Council and not codified were The requirements for group care facilities previously approved by City Council and not codified were included as subsection (j) and (k).included as subsection (j) and (k).   Section 106Section 106--441, Commercial uses table441, Commercial uses table:: 5.The table, including footnotes, has been removed and combined with the industrial uses and moved to The table, including footnotes, has been removed and combined with the industrial uses and moved to Section 106Section 106--310.310.   Section 106Section 106--443, Commercial Area Requirements Table443, Commercial Area Requirements Table:: 6.In the GC, General Commercial, District, the Subcommittee is proposing modifications to the minimum In the GC, General Commercial, District, the Subcommittee is proposing modifications to the minimum landscaping requirements based on the size of development. Larger developments would be required to landscaping requirements based on the size of development. Larger developments would be required to provide more landscaping on street fronts, including a larger landscape strip along the frontage.provide more landscaping on street fronts, including a larger landscape strip along the frontage. 7.The “100% Masonry Requirements100% Masonry Requirements””have been replaced with a new section of the code that addresses have been replaced with a new section of the code that addresses design guidelines (Article IX). The specifics of this proposed section will be discussed in greater detail later design guidelines (Article IX). The specifics of this proposed section will be discussed in greater detail later in this report.in this report. 8.Requirements were included for the proposed Mixed Use (MU) District, including setbacks, height, Requirements were included for the proposed Mixed Use (MU) District, including setbacks, height, landscaping, design requirements, etc. The requirements for single family residential were based on those in landscaping, design requirements, etc. The requirements for single family residential were based on those in the R-1 District. The commercial and/or mixed residential and commercial requirements are similar to those 1 District. The commercial and/or mixed residential and commercial requirements are similar to those of the Main Street District, however a front setback is required in the MU District.of the Main Street District, however a front setback is required in the MU District.   Section 106Section 106--444, Commercial Performance Standards444, Commercial Performance Standards:: 9.The Subcommittee is proposing modifications to the screening requirements (subsection (a)) that are The Subcommittee is proposing modifications to the screening requirements (subsection (a)) that are intended to simplify those requirements. The screening requirements are triggered when commercial, intended to simplify those requirements. The screening requirements are triggered when commercial, industrial or other intense uses are constructed adjacent to residential. A developer is given two different industrial or other intense uses are constructed adjacent to residential. A developer is given two different options for screening: 1) a landscaped hedge row with trees; and 2) a solid wood or masonry fence with options for screening: 1) a landscaped hedge row with trees; and 2) a solid wood or masonry fence with trees. 10.10.The overnight boarding of animals (subsection (h)) was relocated to the footnotes of Section 106âThe overnight boarding of animals (subsection (h)) was relocated to the footnotes of Section 106âThe overnight boarding of animals (subsection (h)) was relocated to the footnotes of Section 106âThe overnight boarding of animals (subsection (h)) was relocated to the footnotes of Section 106 €€‘‘‘‘310.310.310.310.   Main Street District With Overlay (Article III, Division 3, Subdivision V)Main Street District With Overlay (Article III, Division 3, Subdivision V):: 11.Certain special use requirements were added to Section 106Certain special use requirements were added to Section 106--511 (Permitted, accessory, and special 511 (Permitted, accessory, and special conditional uses), including prohibiting outdoor storage between Old 146 and Virginia and establishing a conditional uses), including prohibiting outdoor storage between Old 146 and Virginia and establishing a maximum square footage per floor of 5,000. The provisions limiting single family residential to the Main maximum square footage per floor of 5,000. The provisions limiting single family residential to the Main Street District and not in the Overlay as well as allowing residential in the Overlay only above the first floor, Street District and not in the Overlay as well as allowing residential in the Overlay only above the first floor, were relocated to this section for consistency.were relocated to this section for consistency. 12.In Section 106In Section 106--513, Special regulations and procedures, the signage language was moved to the sign code.513, Special regulations and procedures, the signage language was moved to the sign code.   Mixed Use District Mixed Use District (Article III, Division 3, Subdivision VI)(Article III, Division 3, Subdivision VI):: 13.This is a new subdivision. This Mixed Use District is being proposed at the direction of the Planning and This is a new subdivision. This Mixed Use District is being proposed at the direction of the Planning and Zoning Commission and based on the cityZoning Commission and based on the city’’s Comprehensive Plan. The part of the community where this s Comprehensive Plan. The part of the community where this district in intended to be applicable following a city initiated rezoning are the circles near Sylvan Beach district in intended to be applicable following a city initiated rezoning are the circles near Sylvan Beach currently zoned NC, Neighborhood Commercial District. The MU District is intended to allow for currently zoned NC, Neighborhood Commercial District. The MU District is intended to allow for residential and limited commercial uses or a mix of residential and commercial uses scaled in such a manner residential and limited commercial uses or a mix of residential and commercial uses scaled in such a manner as to complement the immediate neighborhood and its residential character. The proposal includes allowing as to complement the immediate neighborhood and its residential character. The proposal includes allowing single family residential development. Should the MU District be approved, staff will begin the process of single family residential development. Should the MU District be approved, staff will begin the process of rezoning those lots within the circle areas.rezoning those lots within the circle areas.   Section 106Section 106--521, Industrial Uses521, Industrial Uses:: 14.The table, including footnotes, has been removed and combined with the commercial uses and moved to The table, including footnotes, has been removed and combined with the commercial uses and moved to Section 106Section 106--310.310.   Section 106Section 106--522. Table A, Industrial area requirements522. Table A, Industrial area requirements:: 15.Similar to the GC, General Commercial, District, the Subcommittee is proposing modifications to the Similar to the GC, General Commercial, District, the Subcommittee is proposing modifications to the minimum landscaping requirements based on the size of development for all industrial zone districts. Larger minimum landscaping requirements based on the size of development for all industrial zone districts. Larger developments would be required to provide more landscaping on street fronts, including a larger landscape developments would be required to provide more landscaping on street fronts, including a larger landscape strip along the frontage.strip along the frontage. 16.The “100% Masonry Requirements100% Masonry Requirements””have been replaced with a new section of the code that addresses have been replaced with a new section of the code that addresses design guidelines (Article IX). The specifics of this proposed section will be discussed in greater detail later design guidelines (Article IX). The specifics of this proposed section will be discussed in greater detail later in this report. These are only required in the Business Industrial (BI) District.in this report. These are only required in the Business Industrial (BI) District. 17.The setbacks for the BI District have been modified, as in practice they are far too restrictive for the size The setbacks for the BI District have been modified, as in practice they are far too restrictive for the size of lots in the BI District. The proposed setbacks are consistent with those of the Light Industrial (LI) of lots in the BI District. The proposed setbacks are consistent with those of the Light Industrial (LI) District.District. 18.Footnote 9 refers to the screening requirements in Section 106Footnote 9 refers to the screening requirements in Section 106--444(a).444(a).   Section 106--523. Industrial performance standards523. Industrial performance standards:: 1.Subsection (g), relating to regulations for sexually oriented businesses, was modified to require more strict Subsection (g), relating to regulations for sexually oriented businesses, was modified to require more strict distance measurements for the locations of S.O.B.s.distance measurements for the locations of S.O.B.s.   Section 106Section 106--680. Exterior building designs:680. Exterior building designs: 2.The proposed modifications to this section impact the requirements for exterior building design of properties The proposed modifications to this section impact the requirements for exterior building design of properties located within the citylocated within the city’’s TIRZ No. 1 zone. This was a provision that was overs TIRZ No. 1 zone. This was a provision that was over--looked by the Subcommittee. looked by the Subcommittee. As a result of the new Design Guidelines in Article IX, the reference to 100% masonry is no longer As a result of the new Design Guidelines in Article IX, the reference to 100% masonry is no longer applicable. The proposed language requires any new nonresidential development within the TIRZ zone to applicable. The proposed language requires any new nonresidential development within the TIRZ zone to comply with the requirements of the Design Guidelines. If a property is not on a thoroughfare identified in comply with the requirements of the Design Guidelines. If a property is not on a thoroughfare identified in Article IX or is located on a thoroughfare identified as a Tier 3, then the Tier 2 requirements apply.Article IX or is located on a thoroughfare identified as a Tier 3, then the Tier 2 requirements apply.   Section 106Section 106--746, Location of heavy truck uses746, Location of heavy truck uses:: 3.This section was established to replace the requirements for truck terminals. The provisions of this section This section was established to replace the requirements for truck terminals. The provisions of this section allow for land use decisions for truck uses based on a Heavy Truck Use Map, which will be established if allow for land use decisions for truck uses based on a Heavy Truck Use Map, which will be established if these proposed requirements are implemented. these proposed requirements are implemented. This section establishes that certain heavy truck uses generated from NAICS uses 484110, 484121, 484220, This section establishes that certain heavy truck uses generated from NAICS uses 484110, 484121, 484220, 484230 and 493 shall only be located within properties directly adjacent to the right484230 and 493 shall only be located within properties directly adjacent to the right--ofof--way of designated way of designated High Frequency Truck Roads, provided those uses comply with the underlying zoning. Heavy truck is High Frequency Truck Roads, provided those uses comply with the underlying zoning. Heavy truck is defined in Section 106defined in Section 106--1 as 1 as any motor vehicle or towed vehicle with a gross vehicle weight rating any motor vehicle or towed vehicle with a gross vehicle weight rating (GVWR), Registered Gross Vehicle Weight (RGVW), or an actual weight, whichever is greater, of (GVWR), Registered Gross Vehicle Weight (RGVW), or an actual weight, whichever is greater, of 26,001 lbs. or more or any combination of vehicles where the gross combined weight rating, total 26,001 lbs. or more or any combination of vehicles where the gross combined weight rating, total . . registered gross vehicle weight or the actual weight of the combination is 26,001 lbs. or moreregistered gross vehicle weight or the actual weight of the combination is 26,001 lbs. or more Further, High Frequency Truck Roadis defined Further, High Frequency Truck Roadis defined as a road designated by the city intended to as a road designated by the city intended to accommodate the heavy truck uses referenced in section 106accommodate the heavy truck uses referenced in section 106--746 (Location of heavy truck uses).746 (Location of heavy truck uses). In other words, this section requires the establishment of a Heavy Truck Use Map to accommodate those In other words, this section requires the establishment of a Heavy Truck Use Map to accommodate those uses defined as heavy truck uses. This map is different than the Cityuses defined as heavy truck uses. This map is different than the City’’s Official Truck Route map and will s Official Truck Route map and will be used as a zoning tool intended to identify those properties where certain heavy truck uses may locate.be used as a zoning tool intended to identify those properties where certain heavy truck uses may locate.   Section 106Section 106--752, Dumpster enclosures752, Dumpster enclosures:: 4.This section was added to incorporate the CityThis section was added to incorporate the City’’s requirements for dumpster enclosures, which had been s requirements for dumpster enclosures, which had been enforced as a policy. When a property owner desires the installation of a dumpster, then the provisions of enforced as a policy. When a property owner desires the installation of a dumpster, then the provisions of this section apply, which require full screening of the dumpster.this section apply, which require full screening of the dumpster.   Section 106Section 106--800, Landscaping800, Landscaping:: 5.Subsection (a) was modified to not require perimeter landscaping in the Main Street District Overlay.Subsection (a) was modified to not require perimeter landscaping in the Main Street District Overlay. 6.Subsection (c) was modified to reference the screening requirements of Section 106Subsection (c) was modified to reference the screening requirements of Section 106--444(a) when adjacent 444(a) when adjacent to residential as well as referring to the visibility triangle requirements in Section 106to residential as well as referring to the visibility triangle requirements in Section 106--311 (Visibility 311 (Visibility triangle).triangle). 7.Subsection (c.4) referring to irrigation of landscaping was amended in reference to the CitySubsection (c.4) referring to irrigation of landscaping was amended in reference to the City’’s requirement s requirement of an irrigation system for landscaping. As proposed, for lots greater than one acre a programmable of an irrigation system for landscaping. As proposed, for lots greater than one acre a programmable automatic irrigation system is required. On those lots one acre or less, in lieu of a programmable automatic automatic irrigation system is required. On those lots 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 irrigation system, a programmable hose bib system may be utilized when plant material is within 100 feet of the hose bib. An exception from the irrigation system requirements is being proposed with the use of xeric the hose bib. An exception from the irrigation system requirements is being proposed with the use of xeric plant materials. The proposal includes a manual irrigation requirement for a minimum of 6 weeks after plant materials. The proposal includes a manual irrigation requirement for a minimum of 6 weeks after planting, for establishment of the plants.planting, for establishment of the plants. 8.Additionally, modifications we made to the landscaping provisions in an attempt to clarify a number of Additionally, modifications we made to the landscaping provisions in an attempt to clarify a number of questions that are routinely asked by the public. First of all, the attempt was to move some requirements questions that are routinely asked by the public. First of all, the attempt was to move some requirements that were in subsections not appropriate to the regulation. For instance, there were spacing requirements of that were in subsections not appropriate to the regulation. For instance, there were spacing requirements of shrubs within the requirements for type of plants and materials. Secondly, there is an attempt to further shrubs within the requirements for type of plants and materials. Secondly, there is an attempt to further clarify the requirements for landscaping within the perimeter planting strip. Shade trees are required within clarify the requirements for landscaping within the perimeter planting strip. Shade trees are required within the planting strip along street frontages. There is an allowance for ornamental trees in locations where there the planting strip along street frontages. There is an allowance for ornamental trees in locations where there are overhead utility lines. Shrubs are required to screen parking areas from the public rightare overhead utility lines. Shrubs are required to screen parking areas from the public right--ofof--way.w ay.   Section 106Section 106--801, Tree preservation801, Tree preservation:: 9.Modifications are proposed to address the health of a tree. In practice, staff has not required diseased or Modifications are proposed to address the health of a tree. In practice, staff has not required diseased or damaged trees to be preserved. The proposed modifications formerly adopt that practice by allowing damaged trees to be preserved. The proposed modifications formerly adopt that practice by allowing diseased trees not be considered quality trees.diseased trees not be considered quality trees.   Section 106Section 106--803, Tree fund803, Tree fund:: 10.The proposed modifications reduce the value of tree replacement from $100 to $50 per caliper inch when The proposed modifications reduce the value of tree replacement from $100 to $50 per caliper inch when paying the tree fund. Additionally, maximum amount requirement are proposed for payment into the tree paying the tree fund. Additionally, maximum amount requirement are proposed for payment into the tree fund: maximum $5,000 per acre (or fraction thereof) with a maximum total payment of $100,000.fund: maximum $5,000 per acre (or fraction thereof) with a maximum total payment of $100,000.   Section  106Section  106Section  106Section  106----805, Visibility triangles805, Visibility triangles805, Visibility triangles805, Visibility triangles:::: 11.This section has been stricken from here and relocated to Section 106This section has been stricken from here and relocated to Section 106--311 and all references to this section 311 and all references to this section were modified.were modified.   Section 106Section 106--835, Parking design standards835, Parking design standards:: 12.The Subcommittee is proposing modifications to Figures 10The Subcommittee is proposing modifications to Figures 10--2 and 102 and 10--3 as it relates to driveway widths and 3 as it relates to driveway widths and curb return radius. Staff used comparisons to Harris County, City of Houston and TxDOT as a means of curb return radius. Staff used comparisons to Harris County, City of Houston and TxDOT as a means of comparison.comparison. 1.In residential, the curb return radius was fairly restrictive, especially for those properties on larger In residential, the curb return radius was fairly restrictive, especially for those properties on larger lots and on high traffic volume streets. The proposal is for 3lots and on high traffic volume streets. The proposal is for 3’’minimum to 15minimum to 15’’maximum curb return maximum curb return radius in Figure 10radius in Figure 10--2.2. 2.In Figure 10In Figure 10--3, the proposal is to increase the driveway width to 353, the proposal is to increase the driveway width to 35’’and add an allowance for a and add an allowance for a maximum driveway width of 45maximum driveway width of 45’’when adjacent to a street that is 55 MPH or greater in commercial when adjacent to a street that is 55 MPH or greater in commercial and a maximum 50and a maximum 50’’driveway in industrial districts. Also proposed is increasing the curb return radius driveway in industrial districts. Also proposed is increasing the curb return radius to a maximum of 25to a maximum of 25’’for commercial and 30for commercial and 30’’for industrial.for industrial.   Section 106Section 106--837, Parking location837, Parking location:: 13.An exclusion is proposed allowing for front yard, unpaved surface parking in Large Lot District.An exclusion is proposed allowing for front yard, unpaved surface parking in Large Lot District.   Section 106Section 106--839, Number of parking spaces required839, Number of parking spaces required:: 14.The subcommittee revised the table to incorporate parking based on the NAICS use categories. Although The subcommittee revised the table to incorporate parking based on the NAICS use categories. Although most uses retained the parking ratios previously applied, there are some modifications to the parking ratio most uses retained the parking ratios previously applied, there are some modifications to the parking ratio proposed for some uses. These changes are being proposed due to excessive parking requirements in some proposed for some uses. These changes are being proposed due to excessive parking requirements in some situations. The red text represents those modifications. Black text indicates no change. Blue text situations. The red text represents those modifications. Black text indicates no change. Blue text demonstrates a new use category that was either derived from one previous SIC code or a new use demonstrates a new use category that was either derived from one previous SIC code or a new use altogether and where staff utilized a similar use to determine the parking requirement.altogether and where staff utilized a similar use to determine the parking requirement. 15.Two footnotes were added to the bottom of the table that are applicable to all uses. The first requires that Two footnotes were added to the bottom of the table that are applicable to all uses. The first requires that product inventory cannot utilize required parking per the provisions of this section. The other footnote states product inventory cannot utilize required parking per the provisions of this section. The other footnote states that the parking requirements of this section must be accommodated onthat the parking requirements of this section must be accommodated on--site and may not include street site and may not include street parking, with the exception of uses in the Main Street District with Overlay and Mixed Use District.parking, with the exception of uses in the Main Street District with Overlay and Mixed Use District.   Section 106Section 106--874, On874, On--premises signspremises signs:: 16.On-premise signage requirements were established for the proposed Mixed Use District in subsection (b. premise signage requirements were established for the proposed Mixed Use District in subsection (b. 5).5). 17.Subsection (a.4) provides an allowance for monumentSubsection (a.4) provides an allowance for monument--style ground signs in the Main Street District. The style ground signs in the Main Street District. The proposal here is to modify this section to allow for ground signs, not monument signs, subject to certain proposal here is to modify this section to allow for ground signs, not monument signs, subject to certain requirements. The reason for this recommendation is because the pole signs are more typical of the time requirements. The reason for this recommendation is because the pole signs are more typical of the time period of the Main Street corridor. Additionally, monument signs can provide visibility issues.period of the Main Street corridor. Additionally, monument signs can provide visibility issues. The Subcommittee is recommending limiting those ground sign faces within the Main Street District to a The Subcommittee is recommending limiting those ground sign faces within the Main Street District to a maximum total area of 24 square feet in size with a minimum of 10 feet from the bottom of the sign and a maximum total area of 24 square feet in size with a minimum of 10 feet from the bottom of the sign and a maximum of 14 feet from the top of the sign. This would allow for smaller pole signs as opposed to maximum of 14 feet from the top of the sign. This would allow for smaller pole signs as opposed to monuments signs.monuments signs. Article IX, Design guidelinesArticle IX, Design guidelines:: 18.The Subcommittee is recommending that all design guidelines and standards be relocated to this section. The Subcommittee is recommending that all design guidelines and standards be relocated to this section. This would replace the This would replace the ““100% Masonry100% Masonry””requirements in the previous version of the code. This proposed requirements in the previous version of the code. This proposed article is broken down into three subdivisions: Design Guidelines for GC, NC and BI Districts, Design article is broken down into three subdivisions: Design Guidelines for GC, NC and BI Districts, Design Guideline for Mixed Use (MU) District, and Design Guidelines for the Main Street (MS) and Main Street Guideline for Mixed Use (MU) District, and Design Guidelines for the Main Street (MS) and Main Street Overlay (MSO) District.Overlay (MSO) District. 19.Design Guidelines for GC, NC and BI DistrictsDesign Guidelines for GC, NC and BI Districts 1.The proposed design guidelines establish a 3The proposed design guidelines establish a 3--tier system of design requirements based on the street. tier system of design requirements based on the street. Tier 1 includes those GC District properties fronting on Highway 146. There are more design Tier 1 includes those GC District properties fronting on Highway 146. There are more design requirements for properties categorized as Tier 1 properties as the Highway 146 corridor is the requirements for properties categorized as Tier 1 properties as the Highway 146 corridor is the gateway retail corridor for the city. Tier 2 includes Spencer Highway, Fairmont Parkway, and South gateway retail corridor for the city. Tier 2 includes Spencer Highway, Fairmont Parkway, and South Broadway Street (Old Highway 146), West Main Street. Tier 2 is a step down from the Broadway Street (Old Highway 146), West Main Street. Tier 2 is a step down from the requirements of Tier 1. Tier 3 includes Barbours Cut Boulevard, North Broadway Street (Old requirements of Tier 1. Tier 3 includes Barbours Cut Boulevard, North Broadway Street (Old Highway 146), Underwood Road, Bay Area Boulevard, Sens Road, Canada Road, East Main Street Highway 146), Underwood Road, Bay Area Boulevard, Sens Road, Canada Road, East Main Street and Highway 225; including all properties zoned BI on said roads.and Highway 225; including all properties zoned BI on said roads. 2.There are requirements for building form, building articulation (which includes varying the façade of There are requirements for building form, building articulation (which includes varying the façade of a building both vertically and horizontally depending on the tier), roofs, design elements, and façade a building both vertically and horizontally depending on the tier), roofs, design elements, and façade materials.materials. 3.These design requirements are a significant step in continuing to improve the appearance and quality These design requirements are a significant step in continuing to improve the appearance and quality of building within the city. The requirements of this chapter are significant, but according to the of building within the city. The requirements of this chapter are significant, but according to the Subcommittee are not excessive or overly restrictive.Subcommittee are not excessive or overly restrictive. 1.Design Guidelines for the MU DistrictDesign Guidelines for the MU District 1.Architectural design guidelines are proposed for commercial or mixed use development that may Architectural design guidelines are proposed for commercial or mixed use development that may take place in this district. These requirements include façade materials and building colors. Single take place in this district. These requirements include façade materials and building colors. Single family residential is excluded from these guidelines.family residential is excluded from these guidelines. 2.Design Guidelines for MS and MSO DistrictDesign Guidelines for MS and MSO District 1.These design guidelines are intended to help property owners and the Main Street Design Assistance These design guidelines are intended to help property owners and the Main Street Design Assistance Review team and was developed by the team. The intent is to protect the historical character of the Review team and was developed by the team. The intent is to protect the historical character of the Main Street area.Main Street area.Main Street area.Main Street area. 2.There are requirements for setbacks and height, massing, roof forms, façade materials, and façade There are requirements for setbacks and height, massing, roof forms, façade materials, and façade characteristics.characteristics. 3.The Subcommittee also recommends some redevelopment principles for single family dwellings. The Subcommittee also recommends some redevelopment principles for single family dwellings. These requirements are minimal and apply only to those houses within the Main Street District in an These requirements are minimal and apply only to those houses within the Main Street District in an attempt to encourage construction of houses that are consistent with the architectural characteristics attempt to encourage construction of houses that are consistent with the architectural characteristics of the time period when Main Street was developed. There is also been included an appeal process of the time period when Main Street was developed. There is also been included an appeal process established in the event that an applicant did not agree with a staff requirement. This language is established in the event that an applicant did not agree with a staff requirement. This language is identical to those review processes included in the design guidelines for commercial development.identical to those review processes included in the design guidelines for commercial development. 3.The changes to Division 1 of Article IX concern design guidelines in the GC and BI zone districts. BI The changes to Division 1 of Article IX concern design guidelines in the GC and BI zone districts. BI properties along Highway 146 were left out of the original requirements and have been added. The properties along Highway 146 were left out of the original requirements and have been added. The reference to pitched roofs being considered toward the vertical articulation requirement has been removed. reference to pitched roofs being considered toward the vertical articulation requirement has been removed. A minimum 3 on 12 pitch roof is required for Tier 1 roofs. References in (d) were modified to refer to the A minimum 3 on 12 pitch roof is required for Tier 1 roofs. References in (d) were modified to refer to the correct requirements.correct requirements.   Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an ordinance amending Chapter 106 an ordinance amending Chapter 106 ““ZoningZoning””of the City of La Porte Code of Ordinances in its entirety in of the City of La Porte Code of Ordinances in its entirety in connection with a comprehensive review and update.connection with a comprehensive review and update. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IN ITS ENTIRETY IN CONNECTION WITH COMPREHENSIVE REVIEW AND UPDATE; 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: Section 1 : That Chapter 106, “Zoning,” of the Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows: ARTICLE 1. IN GENERAL Ð 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 (applicable to non-residential uses) 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 structure, use or building without required principal structure (applicable to large lot district residential uses). Toolhouses, barns, sheds, storage buildings and livestock, without a principal structure, shall be permissible use when located on tracts one acre in size or larger and situated within the large lot district. Structure/use shall be for the property owner's personal use only (commercial use is not allowed). Accessory use or building (applicable to residential uses). 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 16 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, multifamily. Artisan Shop means a micro-manufacturing facility designed for creation and retailing products. Artisan means a skilled worker who makes items that may be functional or strictly decorative, including but not limited to furniture, sculpture, clothing, jewelry, household items, tools, and handmade machines such as a watch. 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 (Bed and breakfast). 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 articulation means the division of a building façade into distinct sections; the materials, patterns, textures, and colors that add visual interest to a building or façade. Building codes means all building regulations referred to in the City Code of Ordinances. Building inspector means the designated chief building official of the city or his/her 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 City Code of Ordinances for additional information. Business frontage means the linear measurement of the side of the building which contains the primary entrance of the building. Caliper means the diameter of the main stem or trunk of a tree measured at six inches above the ground. 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 CityÓs Code of Ordinances. 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 all buildings to be 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. Convenience store means a small store that is open long hours and that typically sells staple groceries, snacks, and sometimes gasoline and diesel. Corner 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 multi-family dwellings, but not including hotels, motels or lodging houses. 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 more than four families, 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. Façade, primary means that portion or portions of a wall of any permanent structure that is visible from any public right-of-way. Façade, secondary means that portion or portions of a wall of any permanent structure that is not considered the primary façade. Façade, tri-partite means a façade that consist of a base, middle, and capitol (or cornice). Family means any number of related persons or, not more than four unrelated persons living as a single housekeeping unit. Fence means a manmade 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. Fowl means any goose, chicken, peacock, guinea, duck, turkey, and/or other member of the bird family. 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. Grazing livestock means domestic livestock (including but not limited to cattle, horses, sheep, goats, hogs etc.) that are intended to be pasture animals that can sustain themselves under normal circumstances in concentration defined herein in this chapter. 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 (Variance). 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. Heavy truck means any motor vehicle or towed vehicle with a gross vehicle weight rating (GVWR), Registered Gross Vehicle Weight (RGVW), or an actual weight, whichever is greater, of 26,001 lbs. or more or any combination of vehicles where the gross combined weight rating, total registered gross vehicle weight or the actual weight of the combination is 26,001 lbs. or more. High Frequency Truck Road means a road designated by the city intended to accommodate the heavy truck uses referenced in section 106-746 (Location of heavy truck uses). 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 (Home Occupation), 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.D.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. Landscape buffers means use of landscaping to provide separation between dissimilar land uses. Width is based on the zoning of the development and abutting property and adjoining streets. 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. Loading Dock means a recessed bay in a building or facility where trucks are loaded and unloaded. They are commonly found on commercial and industrial buildings and warehouses in particular. Loading docks may be exterior, flush with the building envelope, or fully enclosed. They are part of a facility's service or utility infrastructure, typically providing direct access to staging areas, storage rooms, and freight elevator. 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 home site for a single-family home that is comprised of at least one acre (43,560 square feet). Minimum lot width shall be 90 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 may or 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 and recreational vehicles. Manufactured housing subdivision means a subdivision designed and/or 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. Mixed use district means a zoning district intended to allow for residential and limited commercial uses or a mix of residential and commercial uses scaled in such a manner as to complement the immediate neighborhood. 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. more than two dwelling units, Multi-family residential development means the use of a lot for four or within one or more structures. This includes an apartment complex. North American Industry Classification System (NAICS) divides the economy into twenty sectors Î brings together those activities that transform information into a commodity that is produced and distributed, and activities that provide the means for distributing those products, other than traditional wholesale-retail distribution channels. 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. Nonconforming Lot, Use, or Structure means the one which does not conform to the regulations of this chapter. 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 non-motorized 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. Principal or Primary Building means a building or buildings in which the permitted and/or principal use of the lot on which such use is situated is conducted. 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 livestock means domestic livestock (including but not limited to cattle, horses, sheep, goats, hogs etc.) that are intended to be housed in a barn or similar structure, requiring supplemental feed and care in order to be kept in concentration defined in this chapter. Recreational vehicle means a camp car, motor home, 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 purlin 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. Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center. Shall is always mandatory; may is always permissive. Shipping container means an article of transportation equipment or storage, whether or not carried on a chassis, that is strong enough to be suitable for repeated use and is designed to facilitate the transportation of goods by one or more means of transportation and includes but is not limited to intermodal shipping containers; but does not include a motor vehicle. Shopping center or integrated development means a development consisting of two or more interrelated business establishments using common driveways and on-site parking facilities. 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 CityÓs Code of Ordinances for additional definitions. For the purpose of this chapter, a sign is a structure. Single-family residential development means a grouping of single-family dwelling units (attached or detached). This includes single-family residential subdivisions. Single-family residential, large lot means any single tract or lot comprised of at least 43,560 square feet of propert, 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. ction 106-191 (Special Special exception means only those exceptions provided for under se Exceptions). 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 stop means a commercial/industrial use of property on one site for the refueling, maintenance and/or servicing of large over the road vehicles carrying large loads and which may have service activities for such vehicles and their drivers including but not limited to dispensing of motor fuels and petroleum products directly into motor vehicles, restaurants or cafes, overnight accommodation, shower or laundry facilities, truck service and overnight truck parking, truck scales, and parking area in association with the above services. 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." Visibility triangle means a right angle triangle formed at an intersection by intersecting curb lines and the hypotenuse joining the curb lines. The horizontal plane of the triangle is formed by a motorist's view of oncoming traffic at the intersection of two or more public streets. The motorist's eye is assumed to be at a point fifteen (15) feet from the edge of the roadway. Traffic must be visible for a distance of ten (10) times the speed limit on either side of the vehicle parallel to the intersecting roadway. The vertical plane of the triangle is measured from 3 feet above the curb flow line to 10 feet above the curb flow line. 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 (Zoning Permits). Words or phrases not defined in this section shall have their ordinarily accepted meaning as the context may imply. Sec. 106-2. Purpose. The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals, and the general welfare of the city. They have been designed to lessen congestion in the streets, to secure safety from fire and panic and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and public facilities. They have been made to reasonable consideration, among other things, for the character of the district, its peculiar suitability for particular uses, and with a view of conserving the value of building and encouraging the most appropriate use of land throughout the city. Sec. 106-3. Relationship to comprehensive plan. It is the policy of the city that the enforcement, amendment, and administration of this chapter be accomplished with due consideration of the recommendations contained in the comprehensive plan as developed and amended from time to time by the planning and zoning commission and the city council of the city. The commission recognizes the comprehensive plan as the policy established by the city planning and zoning commission and the city council, respectively, to regulate land use and developments in accordance with the policies and purposes herein set forth. Sec. 106-4. Conflict with other requirements. It is not the intent of this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provision or other laws or ordinances, except as the same may be specifically repealed by the terms of this chapter, or with private restrictions placed upon property by covenant, deed easement, or other private agreement. Where the conditions imposed by any provisions of this chapter are either more or less restrictive than comparable conditions imposed by another ordinance, rule or regulation of the city or private agreement, the ordinance, rule or regulation which imposes the more restrictive condition, standard, or requirements shall prevail. Sec. 106-5. Minimum requirements. When interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements, for the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare. Sec. 106-6. Penalties for violations. (a) Any person, firm or corporation in violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not more than $2,000.00. Each day such violation continues shall constitute a separate offense. (b) In case any building or structure erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of the general law or the terms of this chapter, the city, in addition to imposing the penalty above provided, may institute any appropriate action or proceedings in court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, or to prevent the occupancy of such violation, or to prevent the occupancy of such building, structure or land, to prevent the illegal act, conduct, business or use, in or about such land; and the definition of any violation of the terms of this chapter as a misdemeanor, shall not preclude the city from revoking the civil remedies given it by law in such cases, including collection or reasonable attorney fees and court costs, but same shall be cumulative of and in addition to the penalties prescribed for such violation. Secs. 106-7—106-30. Reserved. ARTICLE II. ADMINISTRATION DIVISION 1. GENERALLY Secs. 106-31—106-45. Reserved. DIVISION 2. BOARDS AND COMMISSIONS Subdivision I. - Generally Secs. 106-46—106-60. Reserved. Subdivision II. Planning and Zoning Commission Sec. 106-61. City planning and zoning commission. The city planning and zoning commission, created in accordance with Ordinance No. 681, dated June 17, 1963, of the City of La Porte, and authorized by the city Charter, Section 2.09(e)Ï(j) and 2.10(c), shall have the duties and responsibilities of the zoning commission provided for in V.T.C.A., Local Government Code § 211.007. Sec. 106-62. Membership and structure. (a) The city planning and zoning commission shall consist of nine members, to be appointed as follows: a member from each of the six council districts, a member for each of the two at-large positions (At- Large A and At-Large B), and a member for the mayoral seat, who shall be the chairman. All members are required to be resident citizens and qualified voters of the city. The term of the six members from the six council districts shall coincide with the term of office of the councilperson for the said district. The term of office for each at-large member shall coincide with the term of office of Councilperson At-Large A and Councilperson At-Large B, respectively. The term of office for the chairman shall coincide with the term of office of the mayor of the city. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. (b) Each district member who is appointed shall be a resident of the district from which he or she is appointed at the time of his appointment and continuously throughout his/her tenure in office. (c) The term of each member shall terminate on August 30 of the year in which the term expires, or when his/her successor has been appointed and qualified. (d) The planning and zoning commission shall elect a vice-chairman from its membership. Sec. 106-63. General proceedings. The city planning and zoning commission shall adopt rules, regulations and bylaws to govern its proceedings; provided that such rules shall not be inconsistent with this section or the laws of the state. All meetings of the city planning and zoning commission shall be open to the public. Five members of the city planning and zoning commission shall constitute a quorum for the transaction of business. Sec. 106-64. General powers and duties. The city planning and zoning commission shall have the following power and duties: (1) To cause studies to be made by city staff or other professionals which project plans for the improvement of the city, with a view toward its future development and extension, and to recommend to the city council all matters for the development and advancement of the city's facilities, layout and appearance, and to perform all duties imposed on the city planning and zoning commission by the statutes of the state. (2) To have plans and maps prepared by city staff or other professionals of the whole or any portion of the city and of land outside the city located within the extra territorial jurisdiction of the city, which, in the opinion of the city planning and zoning commission bears a relation to the planning of the city and to make changes in, additions to, and extensions of such plans or maps when it deems advisable. (3) To confer with and advise property owners pertaining to location and erection of structures in order to promote conformity to the overall city comprehensive plan. (4) To aid and assist the city council and city staff in the determination of sources of funds, and in the procuring of financial and other aid and assistance for the city from the state and federal governments and their agencies, for each and all of the purposes herein enumerated. (5) To assist all other municipal and governmental agencies, and especially the city council, in formulating and executing proper plans of municipal development. (6) To review and modify plans and recommend the location, plan, and extent of city alleyways, bridges, parkways, parks, playgrounds, airports, automobile parking places and other public properties, and of public utilities, including bus terminals, railroads, railroad depots, and terminals, whether publicly or privately owned, for water, lights, sanitation, sewage, sewage disposal, drainage, flood control, transportation, communication, marketing and shipping facilities, power and other purposes, and for the removal, relocation, widening, extension, narrowing, vacation, abandonment or change of use of any of the foregoing public places, works, buildings, facilities or utilities. (7) To select and recommend to the city council, based on reports from city staff, routes or streets, avenues, and thoroughfares, and particularly to investigate and recommend the opening, widening, or abandonment of streets, avenues, thoroughfares, and alleys or the changing thereof to conform with the city's system, present and future, of thoroughfares, streets, avenues, alleyways, park and parkways. (8) To investigate, consider and report to the city council upon the layout or platting of new subdivisions and developments of the city or of property situated within the extraterritorial jurisdiction of the city and to approve all plans, plats, or replats of additions within the city limits, or with the extraterritorial jurisdiction of the city. (9) To recommend to the city council the approval or rejection of subdivisions or developments in accordance with the subdivision ordinances of the city. (10) To make rules, regulations and bylaws for its own government which shall conform as nearly as possible with those governing the city council, and such rules, regulations and bylaws shall be subject to approval by the city council. Such bylaws shall include, among other items, provisions for: a. Regular and special meetings open to the public; b. Records of its proceedings to be open for inspection by the public; c. Reports to the city council and to the public, from time to time and annually; and d. The holding of public hearings on its recommendations. (11) To recommend any change or modification to the city council which shall have the right to adopt by ordinance any recommended change. Sec. 106-65. Review of chapter. The planning and zoning commission is to conduct a regular comprehensive review of this chapter, together with the development ordinance of the city, the first review being six months from the date of adoption of this chapter, the second 12 months from the date of adoption, and thereafter an annual th to determine whether the chapter has become deficient, obsolete, and inadequate for review by June 30 any reason including the following: (1) Defects in the original text. (2) Defects in the zoning map. (3) Deficiencies created by improper or lax administration and subsequent amendments to the original ordinance which are inconsistent, conflicting or ambiguous. (4) Inconsistency with state statutes or judicial decisions. Sec. 106-66. Hearing. (a) The planning and zoning commission is to hear requests for proposed changes in classification filed by any interested party when such request is made in writing and accompanied by a filing fee. (b) All hearings on requests for amendments, changes in classification and review as set out in subsection (a) of this section shall be public hearings and shall conform to the notice requirements of V.T.C.A., Local Government Code § 211.007 and shall be conducted within 30 days after receipt of the request. Sec. 106-67. Special conditional use procedures. (a) Any use requiring a special conditional use permit as established in this chapter shall be reviewed by the city planning and zoning commission. (b) The city planning and zoning commission shall: (1) Hear requests for proposed special conditional uses filed by any interested party when such request is made in writing, conforming to the requirements of division 6 of this article, and accompanied by a filing fee. (2) All hearings on such requests shall conform to the public hearing procedures established for amendments under section 106-171 (Amendment Procedures) and in conformance with V.T.C.A., Local Government Code § 211.007, and shall be conducted within 30 days after receipt of the request. Secs. 106-68—106-85. Reserved. Subdivision III. Board of Adjustment Sec. 106-86. Organization. There is hereby created a board of adjustment consisting of five regular members and two alternates (alternate position 1 and alternate position 2) who are citizens of the city and who are not members of the city council or the city planning and zoning commission, each to be appointed by the city council for a term of two years and removable for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. All cases to be heard by the zoning board of adjustment shall be heard by a minimum of four members. The two alternate members are required to attend all meetings in the same manner as the regular members of the board. Alternate members shall not vote unless filling an absence of a regular member or the chairman. If a regular member or the chairman is absent from a meeting, alternate position 1 shall take his place. If a second regular member and/or the chairman is absent from a meeting, alternate position 2 shall take his place. Sec. 106-87. Rules and meetings. The board of adjustment shall adopt rules of procedure in accordance with the provisions of this chapter. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as at least four members of the board of adjustment may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city secretary and shall be a public record. Sec. 106-88. Powers and duties. The board of adjustment shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the enforcement officer in the enforcement of this chapter. (2) To hear and decide special exceptions to the terms of this chapter upon which it is required to pass under section 106-191 (Special Exceptions). (3) To authorize upon appeal in specific cases such variance as defined in section 106-192 (Variance) from the terms of the chapter, as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed. Sec. 106-89. Appeals to board of adjustment. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department or board, of the city affected by any decision of the enforcement officer. Such appeal shall be taken within 30 days as provided by the rules of procedure of the board of adjustment, by filing with the enforcement officer from whom the appeal is taken specifying the grounds thereof. The enforcement officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken. (1) When appeals stay all proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the enforcement officer from whom the appeal is taken certifies to the board of adjustment after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice of the enforcement officer from whom the appeal is taken and on due cause shown. (2) Time for and notice of hearing of appeal. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney. (3) Action on appeal. In exercising the powers set forth in section 106-88 (Powers and Duties), the board of adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. The board must find the following in order to grant an appeal: a. That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interruption of the enforcement officer is a reasonable presumption and the zoning ordinance is unreasonable. b. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. c. The decision of the board must be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws and the comprehensive plan of the city. Secs. 106-90—106-120. Reserved. DIVISION 3. ENFORCEMENT Sec. 106-121. Completion under prior regulations. Nothing herein shall require any change in the plans, construction or designated use of a building for which a legal building permit has been issued prior to adoption, provided such construction shall have been started within six months following the date of issuance of such permit and work thereon is diligently prosecuted to completion. Sec. 106-122. Completion under chapter. (a) If the work described in any building permit which complies with this chapter has not begun within six months from the date of issuance thereof, said permit shall expire; it shall be cancelled by the enforcing officer, and written notice thereof shall be given to the persons affected. (b) If the work described in any building permit issued under the provisions of this chapter has not been commenced within six months, or if construction or work is suspended or abandoned for a period of six months at any time after work is commenced, said permits shall expire and be cancelled by the enforcing officer. Written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. Sec. 106-123. Enforcement officer. (a) Except as otherwise provided in this chapter, the designated enforcement officer for the city shall administer and enforce this chapter, the inspection of premises as defined by this chapter and as specified in section 106-142 (Zoning Permits), and the issuing of situations for violations. (b) No zoning permit shall be issued by the enforcement officer unless the provisions of this chapter have been complied with. (c) No person shall erect or construct or proceed with the erection or construction of any building or structure nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure or cause the same to be done in any zoned district within the city without first applying for and obtaining a building permit therefor from the chief building official. (d) All applications for such permits shall be in accordance with the requirements of this chapter, the development ordinance of the city, and the building code of the city, except upon written order of the board of adjustment, no such building permit or zoning permit shall be issued for any building where such construction, addition, alteration or use thereof would be in violation of the provisions of this chapter. Sec. 106-124. Powers and duties of the enforcement officer. (a) The enforcement officer shall order work stopped on any building or structure being constructed in violation of this chapter and shall have revoked the building permit theretofore issued by notice in writing served on any person owning such property or their agent or any employee, or any officer of any corporation or on any person engaged in the doing or causing of such work to be done, and any such person shall forthwith stop and cause to be stopped such work until authorized by the enforcement officer to recommence and proceed with the work or upon issuance of a building permit shall be posted on work being done in violation of this chapter. (b) Whenever any building or portion thereof is being used or occupied contrary to the provisions of this chapter, the enforcement officer shall order such use or occupancy to be discontinued, and such person shall vacate such building or portion thereof within ten days after receipt of such notice or make the building or portion thereof comply with the requirements of this chapter. Any violation of this provision is subject to a daily penalty as specified in section 106-6 (Penalties for Violations). Secs. 106-125—106-140. Reserved. DIVISION 4. PERMITS Sec. 106-141. Building permit application. Every application for a building permit shall be accompanied by a certified site plan when required and in compliance with Article II, Division 8 (Site Plans). 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 (Application for zoning permit). 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 the 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. (a) Each entity seeking to construct a multi-family development is required to execute and file with the city a performance and/or payment bond, an irrevocable letter of credit, or alternatively, any other method approved by the Planning and Zoning Commission, in the following amounts: (1) For developments of less than 100 units, $500,000. (2) For developments of 100 units or more, $1,000,000. (b) The execution of a bond, letter of credit or other approved financial guarantee payable to the City of La Porte shall serve as a guarantee of proper compliance with applicable maintenance and regulatory standards established under this Code or other applicable law; the security afforded to the City by the filing of a bond, or letter of credit, or other approved financial guarantee shall include, but not be limited to, necessary expenses incurred as part of demolition of buildings that have fallen into disrepair, and other remedial measures as may be necessary to maintain the health, safety and welfare of the tenants and the integrity of the surrounding neighborhood. (c) Each bond, or irrevocable letter of credit or other approved financial guarantee shall be renewable every five years, with evidence of renewal to be furnished to the city, throughout the life of the structure/s. (d) Failure of the owner of a multi-family development to obtain and keep current the bond, or letter of credit or other approved financial guarantee shall be cause for revocation of the ownerÓs certificate of occupancy and/or zoning permit. (e) Each entity seeking to construct a multi-family development is also required to purchase and file with the city proof of insurance for comprehensive general liability policy naming the City of La Porte as an additional named insured in the amount of $1,000,000.00 for the life of the structures of the apartment complex and/or the apartment complex itself. Secs. 106-151—106-170. Reserved. DIVISION 5. AMENDMENTS Sec. 106-171. Amendment procedures. The city council may from time to time, on its own motion, the motion of the planning and zoning commission, or on petition, amend, supplement, change, modify or repeal the regulations, restrictions, and boundaries herein established. (1) Public hearing before the city planning and zoning commission. Before taking any action on any proposed amendment, supplement, change, or modification, the city council shall submit the same to the city planning and zoning commission which shall make a preliminary report and hold a public hearing thereon before submitting its final report to the city council. (2) Notice of public hearing before city planning and zoning commission. a. Written notice of all public hearings before the city planning and zoning commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed as well as the La Porte Independent School District, such notice to be given not less than ten days before the date set for hearing, to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. At least 15 days notice of the time and place of such hearing shall be published once in a newspaper of general circulation in the city. b. Requirements for public notice by sign posting: 1. Public notice for procedures requiring public notice by sign posting shall be provided by the city at least 15 days before the public hearing. 2. The applicant shall place public notice sign on the property within 20 feet of the abutting street. 3. The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right-of-way abutting the property. 4. Public notice sign shall include the date, time, place, and purpose of public hearing. 5. The applicant must return the sign to the city within ten days after the appeal period for the public hearing has ended. 6. The erection of this sign shall not require a permit from the city. (3) Publication of notice. In the event a public hearing shall be held by the city planning and zoning commission in regard to a change of this chapter not involving particular property but involving a change in the chapter generally, notice of such hearing shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication. (4) Submission of findings and recommendations to city council. The city planning and zoning commission shall forward its written findings of fact and recommendations to city council within 15 days of the close of the hearings. (5) Public hearing before city council. a. Upon receipt of the written recommendations from the planning and zoning commission, a public hearing shall be held by the city council before adopting any proposed amendment, supplement, change, modification or repeal of the regulations, restrictions, and boundaries herein established. b. Notice of such hearing shall be given by publication once in a newspaper of general circulation on the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication. (6) Council actions. The city council shall act upon such motion or petition within 30 days from the date the final report of the city planning and zoning commission was submitted to the city council. (7) Protests. a. In case of a protest against any such amendment, supplement, change, or repeal of the regulations, restrictions, and boundaries herein established, a written protest filed with the enforcement officer and signed by the owners of 20 percent or more of either: 1. The area of lots or land covered by the proposed change; or 2. The area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. Such amendment, supplement, change, modification, or repeal shall not become effective except by the favorable vote of three-fourths of all the members of the city council. 3. Streets and alleys shall be included when computing the area of land from which a protest may be filed. (8) Vote to overrule. The affirmative vote of at least three-fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied. Secs. 106-172—106-190. Reserved. DIVISION 6. SPECIAL EXCEPTIONS AND VARIANCES Sec. 106-191. Special exceptions. (a) Application for special exceptions. All applications for special exception to the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefor. Each such application shall be filed, along with the appropriate fees, with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Special exceptions to be reviewed; finding of facts. The term "special exception" shall mean a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest: (1) To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (2) To deviate yard requirements in the following circumstances: a. Any exception from the front yard requirements where the actual front yard setback of any abutting lot does not meet the front yard requirement. b. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. c. A yard exception on corner lots. d. An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for buildings hereafter constructed or extended, be the required minimum front yard depth. (3) To waive or reduce off-street parking and loading requirements when the board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. (4) To deviate from the minimum lot size or width requirements for property within the large lot district, where the board finds that all of the following conditions are shown: a. That one or more lots located in the same block as the subject property are not uniform in terms of shape and/or size so that any further subdivision of the subject property cannot be in accordance with the regulations governing the district; b. It can be demonstrated that the subdivision will not circumvent the spirit of the district regulations, or particularly, the rural character of the district; and, c. Granting the special exception will not be injurious to the value or enjoyment of adjacent properties within the district. (c) Hearings on applications for special exceptions. The board of adjustment shall fix a reasonable time for the hearing of all applications for special exceptions, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time as specified in section 106-194 (Notice of public hearings before the board of adjustments). Upon the hearing any party may appear in person or by agent or by attorney. Sec. 106-192. Variance. (a) Application for variances. All applications for a variance from the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds thereof. Each such application shall be filed with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Findings of fact/definition of hardship. (1) The term "variance" shall mean a deviation from the literal provisions of this chapter which is granted by the board when strict conformity to this chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. (2) Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement of this chapter when the board finds that all of the following conditions have been met: a. That the granting of the variance will not be contrary to the public interest; b. That literal enforcement of this chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and c. That by granting the variance, the spirit of this chapter will be observed. (3) The applicant shall have the burden of proving to the board that the foregoing conditions have been met. (c) Use variance prohibited. No variance shall be granted to permit a use in a zoning district in which that use is prohibited. (d) Hearings on applications for variances. The board of adjustment shall fix a reasonable time for the hearing of all applications for variances, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time, as specified in section 106-194 (Notice of public hearings before the board of adjustments). Upon the hearing any party may appear in person or by agent or by attorney. Sec. 106-193. Additional conditions. The board is empowered to impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare. Sec. 106-194. Notice of public hearings before the board of adjustment. (a) The notice of public hearings provided for in this section shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearings, which shall not be earlier than ten days from the date of such publication, and in addition thereto, the board of adjustment shall mail notices of such hearing to the petitioner and to all owners of property lying within 200 feet of any point of the lot or portion thereof, on which a special exception or variance is desired, and to all other persons deemed by the board of adjustment to be affected thereby; such owners and persons shall be determined according to the last approved tax roll of the city. Such notice may be served by depositing addressed and postage paid, in the city post office. (b) Requirements for public notice by sign posting: (1) Public notice for procedures requiring public notice by sign posting shall be provided by the city at least ten days before the public hearing. (2) The applicant shall place public notice sign on the property within 20 feet of the abutting street. (3) The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right- of-way abutting the property. (4) Public notice sign shall include the date, time, place, and purpose of public hearing. (5) The applicant must return the sign to the city within ten days after the appeal period for the public hearing has ended. (6) The erection of this sign shall not require a permit from the city. Sec. 106-195. Vote necessary for decision of board of adjustment. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the enforcement officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variance in this chapter. Sec. 106-196. Appeals from the board of adjustment. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code § 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board of adjustment. Sec. 106-197. Revocation or modification. (a) The board shall only consider a revocation or modification based on a written report from the enforcement officer stating findings of fact. A variance or special exception may be revoked or modified for any of the following reasons: (1) That a variance or special exception was obtained or extended by fraud or deception. (2) That one or more of the conditions imposed by the board in granting such variance or special exception has not been complied with or has been violated. (b) As required in section 106-195 (Vote necessary for decision of board of adjustments), four concurring votes are necessary for revocation or modification. Sec. 106-198. Reapplication. No application for a variance, special exception, or appeal which has been denied shall be filed again earlier than one year from the date of original denial. Sec. 106-199. Validity. If an application is granted by the board, all permits necessary for the prosecution of the work must be obtained within 90 days and construction completed within the time established by the building code. All previous applications approved by the board for which building permits have not been issued shall be valid only if a building permit is obtained within 90 days after receipt of a written notice of the requirements of this section and construction must be completed within the time limits set forth in the building code. Written notice shall be considered received on the date such notice is mailed to the person, firm or the address of such person, firm or corporation as the same shall appear in the records of the city secretary relating to the granting of such application. Secs. 106-200—106-215. Reserved. DIVISION 7. CONDITIONAL USE PERMITS Sec. 106-216. General conditions for all conditional uses in all zoning districts. (a) A special conditional use permit may be granted by the city council for the construction of a building and/or the establishment of a use as described in this or any other section, upon a tract of land in single ownership or under unified control. (b) Upon application for a special conditional use permit and submission of a general plan, major development site plan, minor development site plan, or preliminary plat (as the case may be), the city planning and zoning commission shall conduct a public hearing, duly advertised and with proper notice being given to all parties affected, as provided in section 106-171 (Amendment procedures). The general site plan, major development site plan, minor development site plan, or preliminary plat shall be drawn to scale and shall show the arrangement of the project in detail, including parking facilities, location of buildings, building uses to be permitted, means of ingress and egress, and other pertinent information, together with the information required by the development ordinance of the city. (c) After public hearing and upon recommendation of the city planning and zoning commission, the city council may modify the final planned unit development plan and issue a special conditional use permit containing such requirements and safeguards as are necessary to protect adjoining property. (d) Failure to begin construction within one year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the planning and zoning commission. (e) If construction is terminated after the completion of any stage and there is ample evidence that further development is not contemplated, the division establishing such special conditional use permit may be rescinded by the city council, upon its own motion or upon the recommendation of the planning and zoning commission of the city, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. (f) Every special conditional use permit granted as provided herein shall be considered as an amendment to the zoning ordinance as applicable to such property. Sec. 106-217. Conditions for approval. A special conditional use permit shall be issued only if all of the following conditions have been found: (1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. (2) That the conditions placed on such use as specified in each district have been met by the applicant. (3) That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. Sec. 106-218. Amendments. The procedure for amendments for a special conditional use permit shall be the same as for a new application. Secs. 106-219—106-235. Reserved. DIVISION 8. SITE PLAN Sec. 106-236. Certified site plan required. Any person desiring to improve property shall submit to the city planning department a certified site plan of said premises and information giving the location and dimensions of existing and proposed buildings and parking lots, location of easements crossing the property, any and all encroachments, and other information which may be necessary to ensure conformance to this chapter. Approved site plan is valid for 1-year from the date of approval by the City. A certified site plan shall not be required when: (1) Residential construction is only for an accessory building of less than 200 square feet; (2) Residential construction is on lots or tracts that have been surveyed by a registered surveyor, and have all property corners permanently marked and visible; or (3) Residential construction consists of the modification of an existing residential structure. (4) Small awning and routine maintenance, i.e. parking lot, pavement, & building addition of less than 200 s.f. If approved by Director of Planning and Development after review of a previous certified site plan and they find no indication that the improvement would violate the provisions of this chapter. (5) A previously approved site plan that is older than one year from the date of approval by the City, a letter with seal and signature from the engineer of record would be required to ensure compliance with existing regulations. (6) Scope of commercial / industrial construction consists of modification of an existing internal structure only. Sec. 106-237. Conformance with thoroughfare plan. All buildings shall be placed in such a manner that they will not obstruct future streets which may be constructed using existing rights-of-way or dedicated rights-of-way in accordance with the adopted thoroughfare plan of the city. Sec. 106-238. One principal building allowed per lot. Not more than one principal building shall be located in R-1 zone on any one lot. The words "principal building" shall be given their common, ordinary meaning; in case of doubt or on any question of interpretation the decision of the enforcement officer shall be final, subject to the right of appeal to the board of adjustment. Sec. 106-239. Application of yard and parking requirements to thru lots. On a thru lot within residential districts (a lot fronting on two substantially parallel streets), the rear lot line shall be defined as the major street, where access is prohibited, and the minimum rear yard setback shall be 20 feet for applying the yard and parking regulations of this chapter. Sec. 106-240. Minimum building setback. Except in a planned unit development and Main Street Overlay, Nno building shall be located closer than ten feet from any existing or proposed street right-of-way. Secs. 106-241—106-260. Reserved. DIVISION 9. NONCONFORMING BUILDINGS, STRUCTURES AND USES Sec. 106-261. Generally. The general public, the planning and zoning commission and the board of adjustment are directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when necessary to preserve property rights, specific structures, lots, or uses established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the planning and zoning commission and the board of adjustment to assist the city council in achieving this goal by advising the city council of their recommendations thereon. As necessary, the city council may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any nonconforming use within the city. (1) Conforming use does not change to nonconforming use if adjacent property subsequently changes zoning classification. A use that conforms to the zoning regulations on the effective date of this zoning ordinance at the time of initial development of the site shall not subsequently be deemed a nonconforming use solely because the use changes on an adjoining property. (2) Accessory use of structure. No structure that is accessory to a principal nonconforming use or a nonconforming structure shall continue after such principal use or structure has been terminated, removed or otherwise brought into compliance, unless it complies with all of the regulations of the district in which it is located. Sec. 106-262. Nonconforming structures. (a) Limitation on regulation. No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a nonconforming structure solely for a failure to comply with provisions relating to Article V, Division 2, Accessory Buildings, Uses, and Equipment, of this chapter. (b) Continuance of nonconforming structures. Subject to all limitations herein set forth, any nonconforming structure may be occupied and operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged unless the enlargement is made in accordance with the provisions of section 106-262(g) (Enlargement to non-conforming structure) of this chapter. (c) Accidental damage to structure. If a building occupied by nonconforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt unless it conforms with the provisions of this chapter. In the case of partial destruction by fire or other causes, not exceeding 50 percent of its value, as determined by a licensed appraiser, the enforcing officer of the city may issue a permit for reconstruction. If greater than 50 percent and less than total, the board may grant as a special exception a permit for repairs but not for enlargement or reconstruction of the building. (d) Obsolescence of structure. The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes substandard under the codes and ordinances of the city, and the cost of placing such structure in lawful compliance with the applicable ordinances exceeds 50 percent of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the enforcing officer determines that such structure is obsolete or substandard. The enforcement officer of the city shall notify the owner of such nonconforming structure, as shown on the certified tax rolls of the city, as to the date of termination of the right to operate and maintain such nonconforming structure, and as to the procedure to be followed to bring such structure into compliance with this chapter, or other codes and ordinances of the city. The burden of proof in showing that the structure's repair cost does not exceed 50 percent of the replacement cost of such structure rests upon the owner of such structure. The owner may appeal to the ZBOA within 60 days of the City notification. (e) Determination of replacement cost. In determining the replacement cost of any nonconforming structure, the cost of land or any factors other than the nonconforming structure itself, shall not be included. (f) Repairs and alterations. Repairs and alterations may be made to a nonconforming building or structure; provided, that the footprint of the building is not enlarged, unless the building is changed to a conforming use. No additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. (g) Enlargement to nonconforming structure. A structure that is nonconforming may be altered, remodeled or otherwise improved, but not enlarged, unless the board of adjustment determines ((pursuant to section 106-191 (Special exceptions)) that such enlargement will not result in an increase in the degree of nonconformity with the regulations and development standards of the district in which it is located. (1) Submission of schedule to eliminate nonconformity. The applicant shall present to the board of adjustment a schedule for elimination or substantial reduction of the nonconformity over a reasonable period of time not to exceed 20 years, or setting forth the reasons why such action is not reasonably possible. (2) Approval of schedule by board of adjustment. The board of adjustment shall review and make any revisions found necessary to ensure that priority is given to elimination or reduction of those nonconformities that have significant adverse impacts on surrounding properties, and which can reasonably be ameliorated taking into account the effect of the configuration of the lot and the location of existing structures and the cost of eliminating or substantially reducing such nonconformities. (h) Abandonment of nonconforming use or nonconforming structure. (1) A nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The nonconforming use, when abandoned, shall not resume. (2) A nonconforming structure shall be deemed abandoned when the structure ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The use of the nonconforming structure, when abandoned, shall not resume. (3) When it has been determined by the enforcement officer that a nonconforming use or structure has been abandoned, notification shall be made by certified mail to the owner (as shown on the certified tax rolls) of the abandoned nonconforming use or structure. The owner or his representative seeking to maintain such nonconforming use or structure may appeal the enforcement officer's decision to the board of adjustment. The property owner or his representative seeking to maintain the existing nonconforming structure shall have the burden of proving to the board of adjustment in such appeal that the structure or use has not been abandoned for a period of 180 consecutive calendar days, and that the owner or his representative did not intend to abandon the nonconforming structure or use during said 180- day period. Sec. 106-263. Nonconforming uses. (a) Continuance of nonconforming uses subject to this chapter. Subject to the provisions of this chapter relating to extended useful life of nonconforming uses, any nonconforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the nonconforming use on the effective date of this ordinance, provided that such land area or floor area shall not be increased, except that such limitation shall not apply for farming uses. (b) Changing a nonconforming use. Any nonconforming use or structure may be changed to a use conforming to the regulations established in this chapter for the district in which the nonconforming use or structure is located, or the nonconforming use or structure may be changed to a use or structure more conforming to the zoning district in which the nonconforming use or structure is located. For purposes of this section, the term "more conforming to the zoning district in which the nonconforming use or structure is located" shall mean a less intense use, (per the Standard Industrial Classification Code). Whether or not a use is more conforming to the zoning district in which the nonconforming use or structure is located is a question to be determined by the planning director, subject to appeal as provided within this article. A nonconforming use or structure so changed shall not thereafter be returned to a nonconforming use or structure. Sec. 106-264. Notification of nonconforming status. Owners and occupants of property subject to extended useful life and/or termination of nonconforming status pursuant to this division shall be notified of such status by the planning director of the city. The planning director shall mail written notice, prior to or concurrently with the notice of public hearing pursuant to section 106-266 (Extended useful life and termination), to all persons having an interest in property (as shown by the tax rolls of the city) where the property is located and to the occupant of each nonconforming use in the city by regular and by certified mail, return receipt requested. The notice shall state that the use is subject to a determination of its extended useful life and termination requirements and shall specify the procedures for obtaining an exemption from the extended useful life and termination requirements of sections 106-265 (Application for exemption from extended useful life request) and 106-266 (Extended useful life and termination) . Sec. 106-265. Application for exemption from extended useful life requirement. (a) Application requirements. An owner or qualified occupant of a nonconforming use or structure may seek an exemption from the extended useful life and termination requirements of section 106-266 (Extended useful life and termination). The grounds upon which such an exemption may be sought shall be either: (i) that the nonconforming use or structure has no adverse impact upon allowed land uses in the district in which it is located; or (ii) that the nonconforming use or structure can be made compatible with such surrounding uses upon compliance with specified conditions. Such owner or qualified occupant shall submit an application to the planning director, on a form provided by the planning director, no less than ten working days prior to the date scheduled for the public hearing being conducted pursuant to section 106-266 (Extended useful life and termination). (b) Board review and decision. The board of adjustment shall hold the public hearing pursuant to section 106-266(Extended useful life and termination) , following the procedures for hearings before the zoning board of adjustment established in the zoning ordinance; and shall consider the application for an exemption from the extended useful life and termination requirements of section 106-266 (Extended useful life and termination). The owner or qualified occupant shall have the burden of proving the grounds for the exemption sought. Upon conclusion of the hearing, if the board of adjustment finds that the use of the property has no material adverse impact upon the land uses permitted in the district in which it is located or can be made reasonably compatible with such uses through the imposition of specified conditions, it shall exempt the nonconforming use from the extended useful life and termination requirements of section 106-266 (Extended useful life and termination), and impose such conditions as it finds necessary to ensure reasonable compatibility with surrounding properties and uses, including, but not limited to: (i) required improvement of (or modifications to) existing improvements on the property; or (ii) limitations on hours or nature of operations; and (iii) a specified term of years for which the exemption shall be granted. If the board of adjustment does not authorize an exemption from the extended useful life and termination requirements of section 106-266 (Extended useful life and termination), it shall after considering applicable law, information presented at the hearing and other factors deemed relevant by it, establish an extended useful life period for the nonconforming use in accordance with section 106- 266(Extended useful life and termination) . (c) Appeal. Any person aggrieved by the decision of the board of adjustment or a taxpayer or an officer, department, board or bureau of the city, may appeal the decision in accordance with V.T.C.A., Local Government Code § 211.011. Unless properly appealed within ten days of the date the decision is filed in the board of adjustment's office, the decision of the board of adjustment is final and incontestable. Sec. 106-266. Extended useful life and termination. (a) Extended useful life of specific nonconforming uses. Nonconforming uses shall be terminated at the end of an extended useful life period established by the board of adjustment in accordance with this section. The extended useful life period to be established shall not be less than five years, nor more than 20 years from the effective date of the order of the board of adjustment, unless the Board determines on the basis of expert appraisal testimony that a greater extended useful life period is necessary to enable the property owner to recoup the current remaining useful investment in the property made prior to the date of the order of the board of adjustment establishing the extended useful life period. The board of adjustment shall hold a public hearing, as required by subsection (b) below, to establish an extended useful life period or to consider an application by the nonconforming user for exemption from the extended useful life and termination requirements set forth in this section 106-266 (Extended useful life and termination). If the board of adjustment grants an exemption, the use shall be known as an "exempted nonconforming use." If the board of adjustment does not grant an exemption, it shall establish an extended useful life period subsequent to the hearing procedure established in subsection (b). If an application for exemption from extended useful life is not submitted, the board of adjustment shall establish an extended useful life period pursuant to subsection (c). (b) Public hearing. (1) The board of adjustment shall hold a public hearing to establish an extended useful life for each nonconforming use subject to notification pursuant to section 106-264 (Notification of nonconforming status), or to consider an application for an exemption from the extended useful life and termination requirements of this section as allowed in section 106-265 (Application for exemption from extended useful life requirement) and this section, but subject to the following notification requirements: a. Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to the owner and occupant of the nonconforming use at least 30 days prior to the date of such public hearing; b. Publication at least 30 days prior to the date of public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the city; and c. Mailing of the notice of public hearing at least 30 60 days prior to the date of the public hearing to property owners within 200 feet, as determined pursuant to section 106-89 (Appeals to board of adjustment), of the lot line of the land subject to the application, inclusive of streets, alleys and rights-of-way, and to civic associations, whose boundaries are wholly or partly within said 200 foot area. (2) Upon notification of the time and place of the public hearing, the owner or occupant of the nonconforming use to be subject to the extended useful life requirements of this ordinance may apply to the planning director for an exemption from extended useful life and termination pursuant to section 106-265 (Application for exemption from extended useful life requirement) and include written information and documentation supporting a claim for an exemption from any extended useful life period. In the event the board of adjustment does not grant the exemption applied for, it shall establish an extended useful life period based on (i) applicable law, (ii) evidence submitted with the application, (iii) evidence presented at the hearing and (iv) other factors consistent with the purpose of this zoning ordinance to allow the owner to recoup the current remaining useful investment in the use made prior to the effective date of the order of the board of adjustment establishing the extended useful life period, specifically including but not limited to the testimony of experts in the field of property appraisal. The owner's or applicant's failure to submit evidence to support an extended useful life period shall be considered a waiver by the owner or applicant of any right to contest at the board of adjustment the length of any extended useful life period that the board of adjustment establishes. (c) Extended useful life period. In the event the owner or qualified occupant does not apply for exemption from an extended useful life period, the board of adjustment, at the public hearing, shall establish an extended useful life period based on (i) applicable law, (ii) evidence presented at the public hearing and (iii) other factors deemed relevant by the board of adjustment, to allow the owner or qualified applicant to recoup the current remaining useful investment in the use made prior to the effective date of this zoning ordinance, specifically including but not limited to testimony of experts in the field of property appraisal. The extended useful life shall not be for less than five years nor more than 20 years from the effective date of the useful life period, unless the board determines upon the basis of testimony from experts in the field of property appraisal presented at the public hearing, that an extension of the useful life period is necessary to enable the property owner to recoup the current remaining useful investment in the property made prior to the date of the order of the board of adjustment establishing the extended useful life period. (d) End of extended useful life period. At the end of the extended useful life period established by the board of adjustment for a particular use, the use shall terminate. Sec. 106-267. Revocation of nonconforming use status. Upon the recommendation of the planning director or a motion of the board of adjustment, the board of adjustment shall undertake a review of (i) any nonconforming uses; or (ii) any exempted nonconforming uses established pursuant to section 106-265 (Application for exemption from extended useful life requirement) or 106-266 (Extended useful life and termination) and, after a public hearing and investigation as to the particular use in question, may require the revocation of the use status and the extended useful life period or may order the termination of such use. For purposes of this section 106-267 (Revocation of nonconforming use status), a use described in (i) or (ii) above, shall be herein sometimes referred to as a "revocable use." (1) Initiation of revocation procedure. The board of adjustment shall undertake a review of any revocable use only upon: (i) its own motion, upon a determination that a reasonable probability of one or more grounds for termination under section 106-267(3) (Required findings and standards in board-determination of revocation) exist; or (ii) a report from the planning director recommending revocation of such revocable use, which shall be based upon a determination that a reasonable probability of one or more grounds for termination under 106-267(3) (Required findings and standards in board-determination of revocation) exist for such recommendation. (2) Board notice, review and decision. Upon its own motion, or upon receipt of the planning director's report recommending the revocation of the status of the revocable use, the board of adjustment shall hold a public hearing to consider revocation of a revocable use. Prior to holding such hearing, the board of adjustment shall provide public notice as follows: a. Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to all persons having an interest in the property as shown by the certified tax rolls of the city and to the occupant or occupants of the property containing said revocable use at least 30 days prior to the date of such public hearing; b. Publication at least 30 days prior to the public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the city; and c. Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feet as determined pursuant to section 106-89 (Appeals to board of adjustment), of the lot line of the land subject to the application, inclusive of streets, alleys and rights-of-way, and to civic associations registered with the planning director, whose boundaries are wholly or party within the 200 foot area. Upon the conclusion of the public hearing, the board of adjustment shall determine, on the basis of written findings of fact and conclusions, whether the status of the revocable use should be revoked and the use amortized or terminated. In making its determination whether or not to revoke, the board of adjustment shall consider the standards set forth in section 106-267(3) (Required findings and standards in board-determination of revocation), and if it determines to revoke, it shall, in accordance with applicable law, after considering evidence presented at the hearing and other factors consistent with the purpose of this zoning ordinance, establish an extended useful life period for the owner to recoup the current remaining useful investment in the use made by the owner prior to the time the use became nonconforming, in accordance with the procedures set forth above. The revocable use shall terminate at the end of the extended useful life period or the termination date, as the case may be, as established by the board of adjustment. (3) Required findings and standards in board-determination of revocation. To support a finding and conclusion that revokes the status of a revocable use based on written findings of fact and conclusions, the board of adjustment must find any of the following (i) a violation of any condition imposed by the board of adjustment pursuant to section 106-265(b) (Board review and decision); (ii) that the continuation of the revocable use materially and continuously interferes in an adverse manner with the implementation of the legislative purposes of the zoning district in which the use is located, or (iii) a pattern of repeated occurrences of one or more of the following with respect to the revocable use: a. Noise above the maximum permissible limits, as set forth in the zoning ordinance, or in any other city ordinance; b. Traffic generation of more than twice that of the same use or use of a similar nature, based on rates set forth in the most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual; c. Noxious or annoying emissions of odor, smoke, wastewater, light or other matters; d. Hours of operation that begin prior to 7:00 a.m. and extend beyond 10:00 p.m. and as such exacerbate general noise or traffic; e. Lack of substantial compliance with applicable city codes and ordinances; f. Police reports on alleged criminal activity associated with the nonconforming use; or g. Similar factors. (4) Nonconforming uses not subject to revocation of status. Notwithstanding any provisions of this section 106-267 (Revocation of nonconforming uses status) that could be construed to the contrary, a residential use that is nonconforming in the particular district in which such use is located shall not be subject to revocation under this section 106-267 (Revocation of nonconforming use status). (5) Conditions for continuation. In making a decision not to revoke the status of a revocable use pursuant to section 106-267(3) (Required findings and standards in board-determination of revocation) the board of adjustment may impose conditions on the use that are necessary to accomplish the purposes of this section, including, but not limited to required improvement of, or modifications to, existing improvements on the property or limitations on hours or nature of operations. (6) Appeal. Any person aggrieved by the decision of the board of adjustment, or a taxpayer, or an officer, department, board or bureau of the city may appeal the decision in accordance with V.T.C.A., Local Government Code § 211.011. The decision of the board of adjustment is final and incontestable unless appealed to the district court within ten days after the date the decision is filed in the board of adjustment's office. Sec. 106-268. Nonconforming lots of record. (a) Continuance of nonconforming lots of record. Subject to all limitations herein set forth, any nonconforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized as provided herein. No new structure shall be placed thereon except in conformity with the applicable controls of the district in which the lot is located. No new use may be undertaken on nonconforming lots of record, unless said change in use or is first submitted to the planning director for review. The planning director shall review said proposed change in use, for purposes of insuring compliance with this chapter, taking into account the particular restraints imposed by the degree of nonconformity of said nonconforming lot of record. The directorÓs review shall include, and be limited to required parking, loading, vehicular access, landscaping, setbacks, utility availability, parking lot surfacing for required parking, dumpster enclosures, and other requirements as imposed by this Chapter. Decisions of the planning director made pursuant to provisions contained in this section are subject to appeal to the board of adjustment as provided in section 106-89 (Appeals to board of adjustment) of this chapter. (b) Discontinuance of nonconforming lots of record. Any lot which is made conforming by combining with other lots for purpose of sale or development, or by development, or by subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provisions of these regulations; provided however, that a nonconforming lot of record that is made conforming shall not thereafter be changed back to a nonconforming lot. Sec. 106-269. Zoning of annexed property. (a) Temporary R-1 classification of annexed property. All territory annexed hereafter to the city shall be temporarily classified as R-1 low density residential, only until permanently zoned by the La Porte City Council. Immediately after the annexation of any territory to the City of La Porte, the city planning and zoning commission shall commence any action necessary to recommend to the city council a permanent zoning classification. The procedure for making permanent such classification shall be the same as is provided by law for the adoption of the original zoning regulations, and shall take place within 180 days from the date of annexation. (b) Developments presented to city prior to annexation. In the event a development or subdivision is presented to the city planning and zoning commission prior to annexation, that specifies a particular land use, the planning and zoning commission may recommend zoning categories to the city council, after hearing, so that permanent zoning may be considered simultaneously and in conjunction with the annexation proceedings. (c) Issuance of building permits in annexed areas. In an area temporarily classified as R-1 low density residential, a building permit may be issued for the construction of structures or uses permitted by low density residential district regulations, however, other structures or uses are not permitted unless application for such structures or use is made to the city planning and zoning commission for consideration and recommendation to the city council. Secs. 106-270—106-300. Reserved. ARTICLE III. DISTRICTS DIVISION 1. GENERALLY Sec. 106-301. Official zoning map provisions. (a) The city is hereby divided into zones, or districts, as shown on the zoning maps described in sections 106-301 (Official zoning map provisions) through 106-308 (Interpretation of zoning district boundaries) which, together with all explanatory matter thereon, are as passed and amended adopted by reference and declared to be part of this chapter. Three original and identical copies of the zoning district map shall be identified by the signature of the mayor, attested by the city secretary and bearing the seal of the city under the following words: "This is to certify that this is the Original Zoning Map/Official Zoning Map referenced to in Article 2 of Ordinance No. ____________/____________/____________ of the City of La Porte, Texas." (b) One copy, hereafter called the original zoning map, shall be filed with the city secretary and retained as the original record and shall not be changed in any manner. (c) Two copies, hereafter called the official zoning map shall be filed with the enforcing officer and city secretary and shall be maintained up-to-date by the department of Planning and Development. Sec. 106-302. Changes in district boundaries. If, in accordance with the provisions of this chapter and Local Government Code § 211.006, changes are made in the district boundaries or other matter portrayed on the official zoning maps, such changes shall be entered on the official zoning maps by the Planning and Development department promptly after the amendment has been approved by the city council. Sec. 106-303. Zoning map change procedures. Approved zoning changes shall be entered on the official zoning maps by the Director of Planning and Development or his designated representative and each change shall be identified on the maps with the date and number of the ordinance making the change. No amendment to this chapter which involves matter portrayed on the official zoning maps shall become effective until after such ordinance has been finally approved by the city council. Sec. 106-304. Unauthorized map changes. No change of any nature shall be made on the official zoning maps or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered null and void. Sec. 106-305. Location and authority of zoning maps. Regardless of the existence of purported copies of the official zoning maps which may from time to time be made public or published, the official zoning maps shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city. The official zoning maps shall be available to the public at all hours when the city hall is open to the public. Sec. 106-306. Replacement of the zoning maps. In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the city council may, by resolution, adopt a new official zoning map based on review and a written report from the planning and zoning commission, which shall supersede the prior official zoning maps. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning maps, but no such corrections shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the city and date under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of the map being replaced) as part of the Zoning Ordinance of the City of La Porte, Texas." Sec. 106-307. Zoning map history. Unless the prior official zoning map has been lost or has been totally destroyed, the prior map, as superseded in accordance with section 106-306 (Replacement of the zoning maps), or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. Sec. 106-308. Interpretation of zoning district boundaries. In determining the location of zoning district boundaries on the map accompanying and made a part of these regulations, the following rules shall apply: (1) Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys as they exist at the time of adoption of these regulations shall be the zoning boundary. (2) Where boundaries are shown to enter on cross platted blocks, property lines of lots, as they exist at the time of adoption of these regulations, shall be the zoning boundary. (3) In case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property line nearest the district boundary line as shown. (4) Where boundaries are shown on unsubdivided property, the location shall be determined by use of the scale shown on the map unless dimensions are given on the map. Sec. 106-309. Land use districts. For the purpose of this chapter, the city is hereby divided into land use development districts as follow: DistrictSymbolDistrict R1Lowdensityresidentialdistrict R2Middensityresidentialdistrict R3Highdensityresidentialdistrict LLLargelotresidentialdistrict MHManufacturedhousingdistrict NCNeighborhoodcommercialdistrict GCGeneralcommercialdistrict MSMainstreetdistrictwithoverlay MUMixedusedistrict BIBusinessindustrialdistrict LILightindustrialdistrict HIHeavyindustrialdistrict PUDPlannedunitdevelopmentdistrict Sec. 106-310, Table A, Commercial & Industrial Uses 2012 NAICS2012 NAICS Title ** NC MSGCMUBILIHI Code 33 Artisan shops with a retail component 1,000 sq P P ft max 33 Artisan shops with a retail component 2,500 sq P P C ft max Offices only for any use code P P P P P 1 All uses permitted or/accessory in R-3 zone, P P P P except single-family detached and special lot, duplexes, quadruplexes, townhouses, and multifamily 2 Single-family detached P P All Conditional uses in R-3 zone C C C C 11 Agriculture, Forestry, Fishing & Hunting ** 21 Mining ** 22 Utilities ** 23 Construction 236 Construction of Buildings P P P P P 237 Heavy and Civil Engineering Construction P P P 2381 Foundation, Structure, and Building Exterior P P P P P Contractors 2382 Building Equipment Contractors 2383 Building Finishing Contractors 238910 Site Preparation Contractors C P P P 238990 All Other Specialty Trade Contractors C P P P 31-33 Manufacturing 3111 Animal Food Manufacturing C P 3112 Grain and Oilseed Milling 3113 Sugar and Confectionery Product Manufacturing 3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing 3115 Dairy Product Manufacturing 3116 Animal Slaughtering and Processing C C 3117 Seafood Product Preparation and Packaging 311811 Retail Bakeries P P P P P P P 3118 Bakeries and Tortilla Manufacturing C P 3119 Other Food Manufacturing 31211 Soft drink and Ice Manufacturing C P 31212 Breweries C C C C C C P 31213 Wineries 31214 Distilleries 312230 Tobacco Manufacturing C P 313 Textile Mills P P P 314 Textile Product Mills P P P 315 Apparel Manufacturing P P P 316110 Leather and Hide Tanning and Finishing C 3162 Footwear Manufacturing C P P 3169 Other Leather and Allied Product Manufacturing 321 Wood Product Manufacturing ** 3221 Pulp, Paper, and Paperboard Mills ** 322211 Corrugated and Solid Fiber Box Manufacturing C P 322212 Folding Paperboard Box Manufacturing C P 322219 Other Paperboard Container Manufacturing P P P 32222 Paper Bag and Coated and Treated Paper C P Manufacturing 323111 Commercial Printing (except Screen and Books) P P P 323113 Commercial Screen Printing P P P P P 323117 Books Printing P P P P P 323120 Support Activities for Printing P P P 324 Petroleum and Coal Products Manufacturing ** 325 Chemical Manufacturing ** 326 Plastic and Rubber Products Manufacturing C C P 327110 Pottery, Ceramics, and Plumbing Fixture C C P Manufacturing 32712 Clay Building Material and Refractories P Manufacturing 3272 Glass and Glass Product Manufacturing 3273 Cement and Concrete Product Manufacturing 3274 Lime and Gypsum Product Manufacturing 3279 Other Nonmetallic Mineral Product Manufacturing 331 Primary Metal Manufacturing P 3321 Forging and Stamping P P 3322 Cutlery and Handtool Manufacturing P P P 3323 Architectural and Structural Metals 3324 Manufacturing 3325 Boiler, Tank, and Shipping Container 3326 Manufacturing 3327 Hardware Manufacturing Spring and Wire Product Manufacturing Turned Product and Screw, Nut, and Bolt Manufacturing 332811 Metal Heat Treating C P P 332812 Metal Coating, Engraving (except Jewelry and P P Silverware), and Allied Services to Manufacturers 332813 Electroplating, Plating, Polishing, Anodizing, and P P P Coloring 332911 Industrial Valve Manufacturing P P 332912 Fluid Power Valve and Hose Fitting P P Manufacturing 332913 Plumbing Fixture Fitting and Trim Manufacturing P P P 332919 Other Metal Valve and Pipe Fitting P P P Manufacturing 332991 Ball and Roller Bearing Manufacturing P P 332992 Small Arms Ammunition Manufacturing P 332993 Ammunition (except Small Arms) Manufacturing P 332994 Small Arms, Ordnance, and Ordnance C Accessories Manufacturing 332996 Fabricated Pipe and Pipe Fitting Manufacturing P P 332999 All Other Miscellaneous Fabricated Metal P P P Product Manufacturing 3331 Agriculture, Construction, and Mining Machinery P P Manufacturing 333241 Food Product Machinery Manufacturing 333242 Semiconductor Machinery Manufacturing 333243 Sawmill, Woodworking, and Paper Machinery Manufacturing 333244 Painting Machinery and Equipment Manufacturing 333249 Other Industrial Machinery Manufacturing P P P 3333 Commercial and Service Industry Machinery Manufacturing 333413 Industrial and Commercial Fan and Blower and P P Air Purification Equipment Manufacturing 333414 Heating Equipment (except Warm Air Furnaces) P P P Manufacturing 333415 Air-Conditioning and Warm Air Heating P P P Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing 3335 Metalworking Machinery Manufacturing P P 333611 Turbine and Turbine Generator Set Units Manufacturing 333612 Speed Changer, Industrial High-Speed Drive, and Gear Manufacturing 333613 Mechanical Power Transmission Equipment Manufacturing 333618 Other Engine Equipment Manufacturing P P P 333911 Pump and Pumping Equipment P P Manufacturing 333912 Air and Gas Compressor Manufacturing P P 333913 Measuring and Dispensing Pump P P P Manufacturing 333921 Elevator and Moving Stairway Manufacturing P P 333922 Conveyor and Conveying Equipment P P Manufacturing 333923 Overhead Traveling Crane, Hoist, and Monorail P P P System Manufacturing 333924 Industrial Truck, Tractor, Trailer, and Stacker P P Machinery Manufacturing 333991 Power-Driven Hand tool Manufacturing P P 333992 Welding and Soldering Equipment P P P Manufacturing 333993 Packaging Machinery Manufacturing P P 333994 Industrial Process Furnace and Oven P P P Manufacturing 333995 Fluid Power Cylinder and Actuator P P Manufacturing 333996 Fluid Power Pump and Motor Manufacturing P P P 333997 Scale and Balance Manufacturing 333999 All Other Miscellaneous General Purpose Machinery Manufacturing 3341 Computer and Peripheral Equipment Manufacturing P P 3342 Communications Equipment Manufacturing 3343 Audio and Video Equipment Manufacturing 3344 Semiconductor and Other Electronic Component Manufacturing 3345 Navigation, Measuring, Electromedical, and Control Instruments Manufacturing 3346 Manufacturing and Reproducing Magnetic and Optical Media P P P 3351 Electric Lighting Equipment Manufacturing 3352 Household Appliance Manufacturing 3353 Electrical Equipment Manufacturing P P P 33591 Battery Manufacturing 33592 Communication and Energy Wire and Cable Manufacturing P P 33593 Wiring Device Manufacturing 33599 All Other Electrical Equipment and Component Manufacturing P P P 3361 Motor Vehicle Manufacturing 3362 Motor Vehicle Body and Trailer Manufacturing P P 336310 Motor Vehicle Gasoline Engine and Engine P P P Parts Manufacturing 336320 Motor Vehicle Electrical and Electronic Equipment Manufacturing P P P 33633 Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing 33634 Motor Vehicle Brake System Manufacturing 33635 Motor Vehicle Transmission and Power Train Parts Manufacturing P P 33636 Motor Vehicle Seating and Interior Trim Manufacturing P P P 33637 Motor Vehicle Metal Stamping P P 33639 Other Motor Vehicle Parts Manufacturing P P P 3364 Aerospace Product and Parts Manufacturing 3365 Railroad Rolling Stock Manufacturing P P 336611 Ship Building and Repairing P 336612 Boat Building C P P P 336991 Motorcycle, Bicycle, and Parts Manufacturing P P P 336992 Military Armored Vehicle, Tank, and Tank P P Component Manufacturing 336999 All Other Transportation Equipment P P Manufacturing 33 337110 Wood Kitchen Cabinet and Countertop P P P P P Manufacturing 33 337121 Upholstered Household Furniture P P P P P Manufacturing 33 337122 Non-upholstered Wood Household Furniture P P P P P Manufacturing 3371 Household and Institutional Furniture and P P P Kitchen Cabinet Manufacturing 3372 Office Furniture (including Fixtures) Manufacturing 3379 Other Furniture Related Product Manufacturing 339 Miscellaneous Manufacturing P P P 42 Wholesale Trade 4231 Motor Vehicle and Motor Vehicle Parts and P P P Supplies Merchant Wholesalers 4232 Furniture and Home Furnishing Merchant Wholesalers 4233 Lumber and Other Construction Materials Merchant Wholesalers 4234 Professional and Commercial Equipment and Supplies Merchant Wholesalers 42351 Metal Service Centers and Other Metal Merchant Wholesalers 42352 Coal and Other Mineral Merchant Wholesalers P 4236 Household Appliances and Electrical and P P P Electronic Goods Merchant Wholesalers 4237 Hardware, and Plumbing and Heating Equipment and Supplies Wholesalers 4238 Machinery, Equipment, and Supplies Merchant C P Wholesalers 423910 Sporting and Recreational Goods and Supplies C P P P Merchant Wholesalers 444 423920 Toy and Hobby Goods and Supplies Merchant C P P P Wholesalers 423930 Recyclable Material Merchant P Wholesalers 423940 Jewelry, Watch, Precious Stone, and Precious P P P Metal Merchant Wholesalers 423990 Other Miscellaneous Durable Goods Merchant P P P Wholesalers 4241 Paper and Paper Product Merchant P P P 4242 Wholesalers Drugs and DruggistsÓ Sundries Merchant 4243 Wholesalers Apparel, Piece Goods, and Notions Merchant 4244 Wholesalers Grocery and Related Product Merchant Wholesalers 4245 Farm Product Raw Material Merchant P P Wholesalers 424610 Plastics Materials and Basic Forms and Shapes P P P Merchant Wholesalers 424690 Other Chemical and Allied Products Merchant P P P Wholesalers 424710 Petroleum Bulk Stations and Terminals C 424720 Petroleum and Petroleum Products Merchant C P P Wholesalers (except Bulk Stations and Terminals) 424810 Beer and Ale Merchant Wholesalers P P P 424820 Wine and Distilled Alcoholic Beverage Merchant P P P Wholesalers 424910 Farm Supplies Merchant Wholesalers C P 42492 Book, Periodical, and Newspaper Merchant C P P Wholesalers 42493 Flower, Nursery Stock, and FloristsÓ Supplies Merchant Wholesalers 42495 Paint, Varnish, and Supplies Merchant Wholesalers 42499 Other Miscellaneous Nondurable Goods Merchant Wholesalers 425 Wholesale Electronic Markets and Agents and P P P P Brokers 44-45 Retail Trade 441110 New Car Dealers P P P P P 441120 Used Car Dealers P P P P P 441210 Recreational Vehicle Dealers P P P P 44122 Motorcycle, Boat, and Other Motor Vehicle P P P P P Dealers 4413 Automotive Parts, Accessories, and Tire Stores 442 Furniture and Home Furnishings Stores P P P P P 443 Electronics and Appliance Stores P P P P P P 444110 Home Centers P P P P 444120 Paint and Wallpaper Stores P P P P P 444130 Hardware Stores P P P P P P 44419 Other Building Material Dealers P P P P P 4442 Lawn and Garden Equipment and Supplies Stores 445 Food and Beverage Stores P P P P P P P 446 Health and Personal Care Stores P P P P P P P 44711 Gasoline Stations with Convenience Stores P P P P P P 5555 44719 Other Gasoline Stations P P P P 448 Clothing and Clothing Accessories P P P P P P P Stores 451 Sporting Goods, Hobby, Musical Instrument, P P P P P P P and Book Stores 4521 Department Stores P P P P 452910 Warehouse Clubs and Supercenters 452990 All Other General Merchandise Stores P P P P P P P 4531 Florists P P P P P P P 4532 Office Supplies, Stationery, and Gift Stores 4533 Used Merchandise Stores 45391 Pet and Pet Supplies Stores 45392 Art Dealers 45393 Manufactured (Mobile) Home Dealers P P P 453991 Tobacco Stores P P P P P P P 453998 All Other Miscellaneous Store Retailers (except P P P P P P P Tobacco Stores) 4541 Electronic Shopping and Mail-Order Houses P P P P P P 454210 Vending Machine Operators P P P P 454310 Fuel Dealers P P 454390 Other Direct Selling Establishments P P P P P 48-49 Transportation and Warehousing 481 Air Transportation P P P 482 Rail Transportation P 483 Water Transportation ** 66 484 Truck Transportation P P 4851 Urban Transit Systems P P P P 4852 Interurban and Rural Bus Transportation 48531 Taxi Service P P P P P 48532 Limousine Service P P P P P 48541 School and Employee Bus Transportation P P P P 48551 Charter Bus Industry P P P P 485991 Special Needs Transportation P P P P P 485999 All Other Transit and Ground Passenger P P P P P Transportation 486 Pipeline Transportation ** 487 Scenic and Sightseeing Transportation P P P P P 4881 Support Activities for Air Transportation P P P 4882 Support Activities for Rail Transportation P 4883 Support Activities for Water Transportation ** 488390 Other Support Activities for Water P P P P P Transportation 4884 Support Activities for Road Transportation P P P P 4885 Freight Transportation Arrangement 488991 Packing and Crating C P P 488999 All Other Support Activities for Transportation C P P 491 Postal Service P P P P 492110 Couriers and Express Delivery Services P P P 492210 Local Messengers and Local Delivery P P P P 66 493 Warehousing and Storage P P 51 Information 511 Publishing Industries (except Internet) C P P P P 512110 Motion Picture and Video Production P P P 512120 Motion Picture and Video Distribution P P P 512131 Motion Picture Theaters (except Drive-Ins) P P P P P 512132 Drive-In Motion Picture Theaters P P P 512191 Tele-production and Other Postproduction P P P P P Services 512199 Other Motion Picture and Video Industries C P P P 512210 Record Production P P P P P 512220 Integrated Record Production/Distribution P P P 51223 Music Publishers P P P P P 51224 Sound Recording Studios 51229 Other Sound Recording Industries 515 Broadcasting (except Internet) P P P P P 517 Telecommunications P P P P P 518 Data Processing, Hosting, and Related Services P P P P P 519 Other Information Services P P P P P 52 Finance and Insurance 521 Monetary Authorities-Central Bank P P P P P 522 Credit Intermediation and Related Activities P P P P P 523110 Investment Banking and Securities Dealing P P P P P 523120 Securities Brokerage P P P P P 523130 Commodity Contracts Dealing P P P P P P 523140 Commodity Contracts Brokerage P P P P P 523210 Securities and Commodity Exchanges P P P P P 523910 Miscellaneous Intermediation P P P P P P 523920 Portfolio Management P P P P P P 523930 Investment Advice P P P P P 523991 Trust, Fiduciary, and Custody Activities P P P P P P 523999 Miscellaneous Financial Investment Activities P P P P P 5241 Insurance Carriers P P P P P 5242 Agencies, Brokerages, and Other Insurance P P P P P P P Related Activities 52511 Pension Funds P P P P P 52512 Health and Welfare Funds 52519 Other Insurance Funds P P P P P P 5259 Other Investment Pools and Funds 53 Real Estate Rental and Leasing 531 Real Estate P P P P P P P 532111 Passenger Car Rental P P P P P 532112 Passenger Car Leasing P P P P P 532120 Truck, Utility Trailer, and RV (Recreational P P P P Vehicle) Rental and Leasing 532210 Consumer Electronics and Appliances Rental P P P P P 53222 Formal Wear and Costume Rental P P P P P P P 53223 Video Tape and Disc Rental 532291 Home Health Equipment Rental 532292 Recreation Good Rental 532299 All Other Consumer Goods Rental P P P P P 532310 General Rental Centers P P P P P 532411 Commercial Air, Rail, and Water Transportation P P Equipment Rental and Leasing 7 532412 Construction, Mining, and Forestry Machinery P P P P and Equipment Rental andLeasing 532420 Office Machinery and Equipment Rental and P P P P P Leasing 532490 Other Commercial and Industrial Machinery and P P P P Equipment Rental and Leasing 533 Lessors of Nonfinancial Intangible Assets P P P P P P (except Copyrighted Works) 54 Professional, Scientific, and Technical Services 5411 Legal Services P P P P P P 541211 Offices of Certified Public Accountants 541213 Tax Preparation Services 541214 Payroll Services P P P P P 541219 Other Accounting Services 54131 Architectural Services 54132 Landscape Architectural Services 54133 Engineering Services 54134 Drafting Services 54135 Building Inspection Services 54136 Geophysical Surveying and Mapping Services 50137 Surveying and Mapping (except Geophysical) Services 541380 Testing Laboratories P P P P 5414 Specialized Design Services P P P P P 5415 Computer Systems Design and Related 5416 Services Management, Scientific, and Technical Consulting Services 541711 Research and Development in Biotechnology P P 541712 Research and Development in the Physical, P P Engineering, and Life Sciences (except Biotechnology) 54172 Research and Development in the Social P P P P P Sciences and Humanities 5418 Advertising, Public Relations, and Related 54191 Services Marketing Research and Public Opinion Polling 541921 Photography Studios, Portrait P P P P P P P 541922 Commercial Photography C P P P P 541930 Translation and Interpretation Services P P P P P 888 541940 Veterinary Services P P P P P P 541990 All Other Professional, Scientific, and Technical P P P P P Services 55 Management of Companies and P P P P P Enterprises 56 Administrative and Support, Waste Management, and Remediation Services 5611 Office Administrative Services P P P P P 5612 Facilities Support Services 5613 Employment Services 5614 Business Support Services 561510 Travel Agencies P P P P P P P 56152 Tour Operators P P P P P 56159 Other Travel Arrangement and Reservation 56161 Services 561621 Investigation, Guard, and Armored Car Services Security Systems Services (except Locksmiths) 561622 Locksmiths P P P P P P P 561710 Exterminating and Pest Control P P P P P Services 561720 Janitorial Services P P P P P P 561730 Landscaping Services P P P P P 561740 Carpet and Upholstery Cleaning Services P P P P P 561790 Other Services to Buildings and Dwellings P P P P P P 5619 Other Support Services P P P P 562111 Solid Waste Collection P P 562112 Hazardous Waste Collection C 562119 Other Waste Collection P P 5622 Waste Treatment and Disposal C 5629 Remediation and Other Waste Management P P P Services 61 Educational Services 6111 Elementary and Secondary Schools P P P P P P 6112 Junior Colleges 6113 Colleges, Universities, and Professional Schools 611410 Business and Secretarial Schools C C P P P 61142 Computer Training P P P P P 61143 Professional and Management Development Training 611511 Cosmetology and Barber Schools 611512 Flight Training 611513 Apprenticeship Training 99 611519 Other Technical and Trade schools P P P P P 6116 Other Schools and Instruction P P P P P 6117 Educational Support Services 62 Health Care and Social Assistance 6211 Office of Physicians P P P P P P 6212 Office of Dentists 6213 Office of Other Health Practitioners 621410 Family Planning Centers C P P P P 621420 Outpatient Mental Health and Substance Abuse C P P P P Centers 621491 HMO Medical Centers P P P P P 621392 Kidney Dialysis Centers C P P P P 621493 Free Standing Ambulatory Surgical and Emergency Centers 621498 All Other Outpatient Care Centers 6215 Medical and Diagnostic Laboratories 6216 Home Health Care Services 6219 Other Ambulatory Health Care Services 622 Hospitals C P P P P 623110 Nursing Care Facilities (Skilled Nursing P P P P P P Facilities) 623210 Residential Intellectual and Developmental P P P P P P Disability Facilities 623220 Residential Mental Health and Substance Abuse P P P P Facilities 623311 Continuing Care Retirement Communities P P P P P P 623312 Assisted Living Facilities for the Elderly P P P P 62399 Other Residential Care Facilities P P P P 624 Social Assistance P P P P 71 Arts, Entertainment, and Recreation 7111 Performing Arts Companies P P P P P 711211 Sports Teams and Clubs 711212 Racetracks ** 711219 Other Spectator Sports P P P P P 7113 Promoters of Performing Arts, Sports, and Similar Events 7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures 7115 Independent Artists, Writers, and Performers 712 Museums, Historical Sites, and Similar P P P P P Institutions 71311 Amusement and Theme Parks P P P P P 1010101010 713120 Amusement Arcades P P P P P 7132 Gambling Industries ** 71391 Golf Courses and Country Clubs P P P P P 71392 Skating Facilities 71393 Marinas ** 71394 Fitness and Recreational Sports Centers P P P P P 71395 Bowling Centers 1111111111 713990 All Other Amusement and Recreation Industries P P P P P except shooting range and slot machines. 72 Accommodation and Food Services 1212121212 721110 Hotels (except Casino Hotels) and Motels P P P P P 721120 Casino Hotels ** 721191 Bed-and-Breakfast Inns P P P P P P P 721199 All Other Traveler Accommodation ** 721211 RV (Recreational Vehicle) Parks and ** 721214 Campgrounds Recreational and Vacation Camps (except Campgrounds) 721310 Rooming and Boarding Houses P P P P P P P 722310 Food Service Contractors P P P P P 722320 Caterers P P P P P 722330 Mobile Food Services P P P P 722410 Drinking Places (Alcoholic Beverages) P P P P P P 7225 Restaurants and Other Eating Places P P P P P P 81 Other Services, except Public Administration 1515151515 8111 Automotive Repair and Maintenance P P P P P 811211 Consumer Electronics Repair and Maintenance P P P P P P 811212 Computer and Office Machine Repair and P P P P P Maintenance 811213 Communication Equipment Repair and P P P P P P Maintenance 811219 Other Electronic and Precision Equipment P P P P P P Repair and Maintenance 811310 Commercial and Industrial Machinery and P P P Equipment (except Automotive and Electronic) Repair and Maintenance 811411 Home and Garden Equipment Repair and P P P P P Maintenance 811412 Appliance Repair and Maintenance P P P P P P 81142 Reupholstery and Furniture Repair 81143 Footwear and Leather Goods Repair 81149 Other Personal and Household Goods Repair and Maintenance 8121 Personal Care Services P P P P P P P 81221 Funeral Homes and Funeral Services 131313131313 812220 Cemeteries and Crematories P P P P PP P 812310 Coin-Operated Laundries and Drycleaners P P P P P P P 812320 Drycleaning and Laundry Services (except Coin- P P P P P P P Operated) 812331 Linen Supply P P P P 812332 Industrial Launderers P P 1414141414 812910 Pet Care (except Veterinary) Services C C C C C 812921 Photofinishing Laboratories (except One-Hour) P P P P 812922 One-Hour Photofinishing P P P P 812930 Parking Lots and Garages C P P P P 812990 All Other Personal Services C P P P P 813110 Religious Organizations C P P P P 8132 Grantmaking and Giving Services P P P P P P 8133 Social Advocacy Organizations 8134 Civic and Social Organizations C P P P P 81391 Business Associations 81392 Professional Organizations 81393 Labor Unions and Similar Labor Organizations 81394 Political Organizations 813990 Other Similar Organizations (except Business, C C C C P P P Professional, Labor, and Political Organizations) 814 Private Households ** 92 Public Administration P P P P P Parking ramps and structures P C P C Commercial/Ind. PUD (ref. to Section 106-636) C C C C C C C Outdoor sales as accessory use P P Outdoor storage as accessory use P P Off-site parking C C C C Unlisted uses, similar to uses listed above C C C C C C C Footnotes: ** Non-classified use categories. 1 Within the overlay portion, residential activities are only allowed above the first floor. 2 Single family detached prohibited in main street overlay zone, but permitted in main street district. 3 Artisan shops are allowed ((see Section 106-480 (Artisan Shop), 106-500 (Artisan Shop) ,106-514 (Artisan Shop)) 4 No storage or sale of Fire Works. 5 Truck Stop shall only be permitted in Business Industrial districts on truck routes along BarbourÓs Cut Boulevard, State Hwy 225 and State Highway 146 (north of BarbourÓs Cut Blvd.). No construction of any kind shall be permitted within setbacks for BI zone. 6 Must be adjacent to high frequency truck roads as shown on High Frequency Truck Road Map (Ref. Section 106-746) 7 Only allowed along State Highway 146 8 Livestock prohibited on premises 9 Truck Schools prohibited 10 Refer to Chapter 10 of the Code of Ordinances (must be at least 300 feet from Church, School, or Hospital & measured from property line to property line). 11 Shooting Range is a Conditional Use 12 Hotels and Motel Uses. Hotels and motels are allowed as a conditional use under this Chapter when within 250 feet of residential zoned properties (R-1, R-2, R-3, MH, and LL zoning districts). All hotel and motels are required to install and operate a security and surveillance system to monitor the parking lot area and all ingress/egress points to the building/s. 13 Crematories prohibited. 14 Dog grooming. There shall be no overnight boarding of animals. All areas used for holding animals shall be located within the same building in which grooming activities take place. 15 No vehicle may be parked outside for longer than two weeks. All permitted uses in commercial and industrial zones must meet the following minimum performance standards. If requested by the enforcement officer, all applications for building permits must include a certification from a registered engineer that verifies compliance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the centerline of such street. Any light or combination of lights which casts light on residential property shall not exceed 0.4 footcandles (meter reading) as measured from such property. B. Radiation and electrical emissions. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. C. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. D. Dust or other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. E. Odors. The emission of odor by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. F. Explosives. No activities involving the storage, utilization, or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted except such as are specifically licensed by the city council. G. Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the following intensity in relation to sound frequency: OctaveBandFrequencyMaximumSoundLevelsDecibels CyclesperSecondLotLineResidentialDistrictBoundary 20to757863 75to1507459 150to3006855 300to6006151 600to1,2005545 1,200to2,4004938 2,400to4,8004331 Above4,8004125 Impactnoise8055 Betweenthehoursof10:00P.M.and6:00A.M.thepermissiblesoundlevelsbeyondresidential districtboundaries(bothColumnIIandImpact)shallbesixdecibelslessthanshownabove. Indistanceswhereitisdeterminedthataproposedlandusemaygeneratealevelofnoisethat glanduses,thePlanningandZoningCommissionandCityCouncilmay willimpactonsurroundin requirethateffortstoreducethepotentialnoiseimpactbeundertaken.Theseeffortsmay includescreeningandlandscapingtechniques. H.IƚǒƩƭƚŅhƦĻƩğƷźƚƓ.Hoursofoperationarelimitedfortruckstopsadjacenttoresidentialareas only.Thefacilityshallonlyoperateduringthehourof6:00a.m.to9:00p.m.andnoovernight facilitiesareallowedonthepremises. Sec. 106-311 Visibility triangle (1) Visibility triangles are applicable to all zone districts, with the exception of the Main Street Overlay. (2) Structures, fencing, sign faces, and branches and foliage of any shrub, ground cover or tree, are not permitted within the visibility triangle. (3) The city may cause removal of any impediment that represents a traffic safety hazard within the visibility triangle. Secs. 106-312 – 106-330. Reserved DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS Subdivision I. Generally Sec. 106-331. Table A, residential uses. P (abc)ÏPermitted uses (subject to designated criteria established in section 106-334 (Special use performance standards; residential)). PÏPermitted uses. AÏAccessory uses (subject to requirements of (General provisions). section 106-741 CÏConditional uses (subject to requirements of sections (General conditions for all 106-216 conditional uses in all zoning districts), 106-217 (Conditions for approval), and 106-218 (Amendments) and designated criteria established in (Special use section 106-334 performance standards; residential) as determined by the planning and zoning commission). *ÏNot allowed. Uses NAICS Code #) Zones R-1 R-2 R-3 MH LL Agriculture, Forestry, Fishing and Hunting (111110-111199) P P P P P Agricultural production, (animal specialties - breeding or sale) C * * * C Bed and breakfast as defined by section 106-1 (Definitions) (721191) C(h) C(h) C(h) * C(h) All other animal production, limited to dogs and cats, on residential A A C C A large lot l (112990) Pet care (except veterinary) services, limited to boarding kennels only * * * * P (812910) Domestic livestock-With an existing principal structure on the property A A A A PA (cattle, horses, hogs, sheep, goats, chickens, and geese)— Single- family residential, large lot Domestic livestockÏWithout an existing principal structure on the * * * * P property (permitted in large lot district, but only if tract is one acre in size or greater) including cattle, horses, hogs, sheep, goats, chickens, and geese Industrialized housing on a permanent foundation P P P P P Single-family dwelling, detached P P P P P Single-family dwelling, special lot * P P P * Single-family dwellings, zero lot line (patio homes, etc.) * P P * * Duplexes, double bungalows (two-family dwelling units) * P P * * Townhouses/Condominium * P(I) P(I) * * Conversion of single-family dwellings to duplexes (or no more than * P P * * two-family dwellings) Tri-plexes and quadraplexes (three and four-family dwelling units) * P(I) P(I) * * Multi-family (more than four dwelling units) * * P(I) * * 3Ï4 unit multifamily dwellings * P P * * Multifamily (over 4 units) * * P * * Modular housing on a permanent foundation system section 106-1 P P P P P (Definitions) Manufactured housing subdivisions restricted to H.U.D. certified * C(a) C(a) P(a) * mobile homes; min. width 20 feet, min. shingled roof pitch 3:12, permanent foundation system; siding similar to surrounding residential Uses R-1 R-2 R-3 MH LL Manufactured housing subdivisions (restricted to H.U.D. certified * C(a) * * * mobile homes on permanent foundation systems) Manufactured housing parks * * * P * (a,d,f) Manufactured housing * * * P * Group care facilities providing food and shelter to persons who are unrelated to the proprietor of the establishment (623) 3 or less persons P (j) P (j) P (j) P (j) P (j) 4 or more persons P (k) P (k) P (k) P (k) P (k) Childcare home in private home (services no more than 6) P P P P P Daycare centers (services more than 6) (624410) * P P P * Freestanding on-premises identification sign; townhouses, multi-family See article VII of this chapter developments, group care facilities (not located within a residential neighborhood), subdivisions, education and religious facilities Residential PUD (refer to section 106-636 (Planned unit development * C C C * procedures) Public parks and playgrounds P P P P P Recreational buildings and community centers C P P P C Religious institutions (813110) C P P P C (AB) (AB) (AB) Public or private educational institutions limited to elementary, junior C P P P C and senior high (611110) Junior colleges and technical institutes (611210 and 6115) * C P * * Boarding homes (721310) * P P * * Civic, social and fraternal organizations (8134) * * C * * Convalescent homes, sanitarium, nursing or convalescent homes * * P * * Private garages, carports and off-street parking (associated with A A A A A residential uses) Storage of equipment behind a screening device (permitted in large lot A A A A P district, but only if tract is one acre in size or greater) Storage of recreational vehicles or boats A A A A A Storage of equipment in an accessory building or behind a screening A A A A A device Home occupations A A A A A Noncommercial greenhouses A A A A A Noncommercial recreation facilities associated with residence A A A A A Noncommercial toolhouses, barns, sheds, storage buildings A A A A P (associated with residence, except in large lot district for tracts one acre in size or greater) Boarding or renting of rooms (1 person max.) A A A A A Off-street loading (refer to section 106-840 (Off-street loading * * * * * requirements) Off-street parking (refer to See article VI of this chapter) A A A A A Petroleum pipelines (restricted to existing pipeline corridors) P P P P P Residential density bonus, as provided in section 106-334(g) (Density C C C C C bonus) Secondary dwelling units C P P * C Yard Parking, as defined by section 106-334 (e) (Compatible * * * * * alterations and adequate parking) Sec. 106-332. Interpretation and enforcement. Property uses, except as provided for by section 106-331, (Table A, residential uses) are prohibited and constitute a violation of this chapter. Sec. 106-333. Table B, residential area requirements. (a) Table B, residential area requirements. Uses Minimum MinimumMinimumMaximumMinimumMinimum Maximum 8 Lot Lot Yard Height Site Development Lot Area/D.U. Width SetbacksArea/UnitOpen Space/ Coverage/ 15 S.F. L.F. L.F. S.F. Unit S.F. Minimum Landscaping 7, 16 F.R.S. 17 Required 2, 3, 4, 5, 6, 9, 18,19 10, 11, 12, 13, 14 Single-family 6000 50 25-15-5 35 Ft. 9100 Ï 40%/N/A detached 4.8 DU/A Single-family large lot 43560 90 25-15-5 45 Ft. 43560 Ï 40%/N/A 1.0 DU/A Single-family special 4500 40 20-10-0 35 Ft. 7300 Footnote 60%/N/A lot line, 0 lot line 6.0 # 1 DU/A Duplexes 6000 60 25-20-2045 Ft. 8.0 Footnote 60%/N/A DU/A # 1 Single-family 6000 50 20-10-5 35 Ft. N/A N/A 50%/N/A converted to multifamily Townhouses, 2000 20 25-20-2045 Ft. 4400 Footnote 75%/25% quadraplexes (10,000 10.0 # 1 s.f of site area 100 ft. DU/A wide) Multifamily 20000 100 25-20-2045 Ft. 1600 Footnote 60%/25% 14 # 1 DU/A Manufactured 4500 40 20-10-5 25 Ft. 7300 Footnote 60%/6% housing 6.0 # 1 DU/A Manufactured 100 of N/A N/A N/A N/A N/A/N/A housing subdivision front or parks (5 acre min.) road frontage State Licensed & 6000 50 25-15-5 35 Ft. 9100 N/A 40% / N/A Registered Child-care 4.8 DU/A homes (Max. 12 in private home; per TX Dept. of Family & Protective Services, Ch. 747) Group care facilities Î 6000 50 25-15-5 35 Ft. 9100 N/A 40% / N/A 3 or less persons 4.8 DU/A Public or private 30-20-1045 Ft. N/A N/A N/A/6% educational and religious institutions, large group care facilities, daycare centers, recreational buildings, boarding, and nursing homes Freestanding on-See article VII of this chapter premises signs Large lot district See section 106-416 (Special regulations) where tract is one acre in size or greater (without existing principal structure) Accessory structure/domestic livestock Table B footnotes. 1 Lot Size Required Developed Open Space/Lot 5000Ï6000 Sq. Ft. 200 Sq. Ft. 4000Ï4999 Sq. Ft. 300 Sq. Ft. 3000Ï3999 Sq. Ft. 400 Sq. Ft. 2000Ï2999 Sq. Ft. 500 Sq. Ft. a. Minimum size of developed open space: One-half acre for every 80 units or fraction thereof. For multifamily residential developments: (i) Minimum of 25 percent of the total development regardless of size of development. For townhouse/quadraplex developments: (ii) 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 (Property controls), 106-677 (Public services), 106-678 (Building height), and 106-679(Roadways), 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.) Aminimumlandscapesetbackof20feetwillberequiredadjacenttoallconservationareas. 2 Buildings,parkingareas,andrefusecontainerswillnotbeallowedinsuchsetbackarea.Theseareasare tobelandscapedwithtrees,shrubs,andgroundcover,withaplantingplanrequiredtobesubmitted andapprovedbytheenforcementofficer. 3 Theminimumsetbackadjacenttoanyutilityeasementlocatedinarearyardshallbethreefeet.No portionofanybuildingincludingprojectionsofanynatureshallencroachintoanyutilityeasementor verticalprojectionoftheeasementboundary. 4 Whereadjacentstructureswithinthesameblockhavefrontyardsetbacksdifferentfromthose required,thefrontyardminimumsetbackshallbetheaverageoftheadjacentstructures.Ifthereisonly oneadjacentstructure,thefrontyardminimumsetbackshallbetheaverageoftherequiredsetback andthesetbackofonlyoneadjacentstructure.Innocaseshalltheminimumfrontyardsetbackexceed 30feet. 5 AllsideyardsadjacenttopublicR.O.W.'snotclassifiedasfreeway,arterialorcollectormustbeten fivefeetexceptaccessorybuilding(seeSection106741).Allsideyardsadjacenttopublicw͵h͵‘͸ƭ classifiedasfreeway,arterialorcollectormustbe10feet. 6 Inthecaseofzerolotlinehousing,thesidesetbackoppositethezerolotlinemustbetenfeet. 7 D.U.A.isanabbreviationfordwellingunitsperacre,orthemaximumdensitypermitted. Allstructuresexceptslabongrade,shallbeplacedonafoundationsystemdescribedas:Anassembly 8 ofmaterialsconstructedbeloworpartiallybelowgrade,notintendedtoberemovedfromits installationsite,whichisdesignedtosupportthestructureandengineeredtoresisttheimpositionof externalforcesasdefinedbythe/źƷǤ͸ƭCodeofOrdinancesorinthecaseofindustrializedhousing,the tionsystemshallbeskirtedorenclosedwithwoodormasonryto requirementsoftheTDLS.Suchfounda givetheappearanceofasolidfoundation,ifoneisnotprovided,compatiblewiththeappearanceof adjacenthousing,andsubjecttotherequirementsofthe/źƷǤ͸ƭCodeofOrdinances. 9 SeearticleV,Division4ofthischapterforadditionalrequirements. 10 Inthecaseofmultifamilyresidentialdevelopmentswith50ormoreunits,saidcomplexesmustbe locatedatleast1,000feetfromothermultifamilyresidentialdevelopmentsof20ormoreunits. 11 Withinthebuildingsetback,theremustbeatenfootopaquescreenconsistingofshrubsand fencing.(Seesection106334(i)(Additionalmultifamilyregulations)forscreeningandfencing requirements.) 12 Residentialdevelopmentsthataretownhouses,quadruplexes,ormultifamilydwellingunitsmust haveaminimumof25percentlandscaping. 13 Multifamilyresidentialdevelopmentsadjacenttosinglefamilyresidentialdevelopmentsmust establisha25footbufferbetweenthetwodevelopments.Thisbufferisinadditiontothesetbackas establishedbythistable. 14 Inthecaseofmultifamilyresidentialdevelopments,nooffstreetparkingshallbeplacedwithinthe requiredsetback,orwithintherequiredadditional25footbufferwhenthedevelopmentissituated adjacenttoasinglefamilyresidentialdevelopment.Thespaceneededtomeettherequiredparking spacesshallbeexclusiveoftherequiredsetbackandtheadditionalbuffer. 15 Inthecaseofmultifamilyresidentialdevelopmentsbeingadjacenttosinglefamilyresidential developments,thebuildingswithinthemultifamilyresidentialdevelopmentsthataredirectlyadjacent tothesinglefamilyresidentialdevelopmentshallbelimitedtotwostoriesinheight.Buildingswithin theinteriorofthemultifamilyresidentialdevelopmentsmaybethreestoriesinheight. 16 Multifamilyresidentialdevelopmentscannotexceed180dwellingunits. Seesection106334(i)(3)foropenspaceutilizationcriteria. 17 18 Followingstructuresexemptedfrom40percentlotcoverageonsinglefamilydetached:Accessory buildings200s.f.orlessandpatiocoversupto900s.f. 19 Maximumlotcoverageforsinglefamilydetachedinplannedunitdevelopment(PUD)zoningdistrict orresidentialsubdivisionsrequiringadetention/drainagesystem,shallbe50percent. (Theimperviouscoverfactorof55percentforthetotalsitefordrainage,asprescribedinPICM, remainsineffect.) Sec. 106-334. Special use performance standards; residential. (a) Screening. (1) Refer to 106-443(a) (Screening) for requirements. (2) Screening will be required in the following situations: a. Parking areas for recreational buildings, community centers, religious, multifamily over four, and private and public educational institutions. b. Manufactured housing parks and subdivisions screened from abutting uses. (3) Required screening will count toward the required percentage of landscaping. (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 a 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 and manufactured housing parks. (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 unpaved 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 B, 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. (18) Perimeter fences required: Minimum six feet in height, opaque material. (g) Residential density bonus. Within single-family residential developments, 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 250 square feet similar facilities requiring a substantial investment. (2) Designation of developed open space for semipublic use adjacent to designated 100 square feet public greenway corridors equal to an additional 100 square feet per unit. (3) All required developed open space must be operated and maintained by a homeowners association, subject to the conditions established in sections 106-676 (Property controls), 106- 677 (Public services), 106-678 (Public services), and 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 subdivision ordinance, 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 (Definitions) and 106-744 (Bed and breakfast)): (1) Bed and breakfast shall be operated in accordance with the bed and breakfast and home occupation requirements of section 106-749 (Home occupation). (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 multifamily regulations. (1) Screening. A ten-foot opaque screen consisting of a combination of shrubs, fencing, and/or masonry wall must be created between multifamily residential developments adjacent to single- family residential developments. a. Location. The required screen shall be located within the first ten feet of the building setback adjacent to the single-family residential district. b. Planting. At the time of planting, the shrubs must be between four to six feet tall and create an opaque screen within one growing season. i. All shrubs must be approved by planning department officials. (2) Fencing. Every multifamily development within the city shall have a perimeter fence located along all sides abutting or facing the right-of-way, as well as along all sides abutting or facing single-family residential developments. a. Construction, maintenance of fence or wall. Every fence or wall herein shall be constructed and maintained as follows: i. All fences shall be constructed of wood, masonry, or wrought iron. ii. All fences or walls shall extend downward to within three inches of the ground and shall test plum and square at all times. iii. All fences or walls shall be constructed in compliance with all applicable provisions of the building codes of the city. b. Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to permit reasonable access to said multiple-family development shall be equipped with a gate or gates, constructed and maintained in accordance with the requirements for a fence or wall set forth in this section. (3) Recreational areas, facilities, and open space. a. The open space requirements for townhouses, quadruplexes and multifamily developments shall include a combination of the following: i. Trails, ii. Playgrounds (except in the case of "Senior Only" developments), iii. Clubhouses, and/or iv. On-site detention pond areas (Playgrounds are not to be located in the detention pond areas.). (4) Controlled access gates, if utilized: a. Shall be constructed set back from the street far enough to prevent traffic congestion from any vehicle traveling on the right-of-way adjacent to such controlled access gate, and b. Must provide 24-hour access to emergency vehicles, including fire department, EMS, police department and utility company vehicles. (j) Group care facilities (aka community homes, residential personal care homes, living centers, assisted living centers and similar uses as identified in NAICS group #623 (Nursing and Residential Care Facilities). (1) Location: Facilities, in compliance with the Texas Human Resources Code (Ch. 123 and 105), Administrative Code (Ch. 92) and Health & Safety Code (Ch. 247, shall be permitted as a use- by-right in R-1 Low Density Residential, R-2 Mid Density Residential, R-3 High Density Residential, MH Manufactured Housing and LL Large Lot Districts. (2) Distance Requirement: Group care facilities shall not be closer than 1,000 feet to a similar use (NAICS group #623). Measurement shall be from the nearest boundary of the sites on which they are located. (3) Signage: Group care facilities located within a residential neighborhood shall be allowed to have one (1) sign not exceeding two (2) square feet in area, non-illuminated and mounted flat against the wall of the principal building. (4) Visual Compatibility: There shall be no change in the outside appearance of the building or premises. No structural alterations shall be permitted that will cause the group care facility to be substantially distinguishable from other surrounding residential properties. (5) Registration Requirement: Facilities providing food & shelter to three (3) or less persons, who are unrelated to the proprietor of the establishment, shall comply with all city regulations and register their facility with the City annually by obtaining a Group Care Facility Certificate. The certificate cost shall be at the rate established in Appendix A, fees, of this Code, shall expire on stth December 31 of each year. Such fee shall be payable to the City on or before December 15 for the next succeeding calendar year. The fee provided for in this article shall not be subject to proration or reduction for payment for a period of less than twelve (12) calendar months. Operation of a facility without first having obtained the required certificate shall be deemed a violation of this article. (6) Payment of Taxes: All ad valorem taxes on any and all property, personal or real, necessary to the operation of the facility must be paid prior to the issuance or renewal of the certificate. (7) Display of Certificate: Every facility so registered shall display an active certificate in a conspicuous place, within the facility common area, so as to be easily seen by the public. (8) Access to the Facility: City personnel shall have the right-of-entry to ensure safe habitability and public safety. City personnel shall advise on-site facility personnel of the purpose of their visit. (9) Annual Inspection: The Fire MarshalÓs Office shall perform a minimum of one (1) annual inspection for each group care facility. Facilities shall comply with all applicable city codes, ordinances, policies and regulations. (k) Facilities shall be in compliance with the Texas Human Resources Code (Ch. 123 and 105), Administrative Code (Ch. 92) and Health & Safety Code (Ch. 247). To ensure compliance with state regulations, a copy of the facilityÓs active State license shall be provided to the City, when requested by staff. Secs. 106-335—106-350. Reserved. Subdivision II. R-1 Low Density Residential District Sec. 106-351. Purpose. (a) The R-1 low density residential district is the most restrictive district. (b) The principal use of land in this district is for low density, single-family detached dwellings and related recreational, religious and educational facilities normally required to provide the elements of a balanced, orderly, convenient and attractive residential area. The following regulations shall apply to all R-1 districts. Sec. 106-352. Permitted, accessory, and special conditional uses. Refer to section 106-331 (Table A, residential uses). Sec. 106-353. Density/intensity regulations. Refer to section 106-333 (Table B, residential area requirements). Sec. 106-354. Special regulations and procedures. Refer to articles IV, V, VI and VII of this chapter. Secs. 106-355—106-370. Reserved. Subdivision III. R-2 MID Density Residential District Sec. 106-371. Purpose. The R-2 mid density residential district is intended to provide for medium density, single-family attached or detached dwellings and multiple-family dwellings which may have a relatively intense concentration of dwelling units served by open spaces and other common areas. The district also provides the religious, recreational and educational uses normally associated with residential areas. The following regulations shall apply in all R-2 districts. Sec. 106-372. Permitted, accessory and special conditional uses. Refer to section 106-331 (Table A, residential uses). Sec. 106-373. Density/intensity regulations. Refer to section 106-333 (Table B, residential area requirements). Sec. 106-374. Special regulations and procedures. Refer to articles IV, V, VI and VII of this chapter. Secs. 106-375—106-390. Reserved. Subdivision IV. R-3 High Density Residential District Sec. 106-391. Purpose. The R-3 high density residential district is the highest density residential district. Its principal purpose is to provide a wide variety of dwelling types including single-family dwellings, multiple-family dwellings, garden apartments, condominiums and townhouses. It provides the religious, recreational and educational uses normally associated with residential areas. The following regulations shall apply in all R- 3 districts. Sec. 106-392. Permitted, accessory, and special conditional uses. Refer to section 106-331 (Table A, residential uses). Sec. 106-393. Density/intensity regulations. Refer to section 106-333 (Table B, residential area requirements). Sec. 106-394. Special regulations and procedures. (a) Refer to articles IV, V, VI and VII of this chapter, and refer to section 106-5334(i). (b) All multifamily 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, culs-de-sac, 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 culs-de-sac 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. (c) Points of entry/exit: All multi-family developments shall contain a minimum of two points of entry for ingress and egress of vehicle traffic from adjacent public rights-of-way and thoroughfares. Secs. 106-395—106-410. Reserved. Subdivision V. MH Manufactured Housing District Sec. 106-411. Purpose. (a) The MH manufactured housing district is intended to provide for manufactured housing communities, (parks, subdivisions, or condominiums). Within such developments, manufactured housing communities (with such additional uses and occupancies as are permitted herein) may be established subject to the requirements and limitations set forth in these and other regulations. Other residential and supporting uses may also be permitted in such districts. (b) It is intended that such manufactured housing communities shall be so located, designed, and improved as to provide a desirable residential environment, protection from potentially adverse neighboring influences, protection for adjacent residential properties, access for vehicular traffic without traversing minor streets in adjoining residential neighborhoods, and accessibility equivalent to that for other forms of permitted residential development to public facilities, places of employment, and facilities for meeting commercial and service needs not met within the manufactured housing community. Sec. 106-412. Permitted, accessory, and special conditional uses. Refer to section 106-331 (Table A, residential uses). Sec. 106-413. Density/intensity regulations. Refer to section 106-333 (Table B, residential area requirements). Sec. 106-414. Special regulations. Refer to articles IV, V, VI and VII of this chapter. Sec. 106-415. Other regulations. Refer to city Development Ordinance Number 1444 on file in the city secretary's office and chapter 98.Subdivision VI. LL Large Lot District Sec. 106-416. Special regulations. (a) Minimum lot size: 1 Acre (b) Minimum lot width: 90 L.F. (c) Minimum yard setbacks (F.R.S.): 25-15-5 (d) Maximum height of primary structure: 45 feet (e) Minimum site area/unit: 1 DU/A (f) Maximum lot coverage: 40% (g) Accessory buildings: See Section 106-741 (e)(2) (General provisions) (h) Maximum height of accessory buildings: 35 feet (i) Accessory building setbacks: See Section 106-741 (e)(2) (General provisions) (j) Number of accessory buildings: Up to 40% coverage (k) Placement of accessory buildings: Rear & side yards (l) Number of animals: Section 106-742 (Domestic livestock) (m) Detached garage: 6 (rear) of Primary Bldg. (n) Carports width: Max. 25 front/side yard (o) Equipment storage: Section 106-741(h) (General provisions) (p) Exterior storage: Section 106-773 (Exterior storage) (q) Shipping containers: Not allowed (r) Street openings: Asphalt/open ditch (s) Driveways (General): Service 1 one residence only; 20 foot maximum width (t) Public utilities (water): Tap public ROW only (u) Public utilities (sewer): Tap public ROW only (v) Fire hydrant (coverage): 500 from residence (w) Fire hydrant (placement): Public waterline only (x) Animal breeding: Conditional (Requires SCUP from the City) (FFA & 4H) Secs. 106-417—106-440. Reserved. DIVISION 3. COMMERCIAL DISTRICT REGULATIONS Subdivision I. Generally Sec. 106-441. Commercial uses. Refer to Section 106-310, Table A, Commercial and Industrial Uses Sec. 106-442. Interpretation and enforcement. Property uses, except as provided for by Section 106-310 (Table A, commercial & industrial uses) Table A, are prohibited and constitute a violation of this chapter. Sec. 106-443. Table A, commercial area requirements. (a) Table A, Commercial area requirements. Uses Minimum MaximumMinimum Adjacent toMaximum Bldg. Landscaping Lot Yard ResidentialHeight Design 98 Requirements CoverageSetbacks Minimum (feet) Standards F.R.S. Yard 1, 3, 4, 6, 7 Setback F.R.S. 2, 6 5 R-3 uses (permitted) 5% Density intensity regulations specified in section except residential 106-333 (Table B, residential area 9 single-family, detached requirements) and special lot, duplexes, quadruplexes, townhouses, and multifamily 59 NC Neighborhood 5% 50% 20-10-0 20-10-10 N/A Design 8 Comm.; all permitted Guidelines or conditional 9 GC General Comm.; 5 % up to one 40% 20-10-0 20-20-10 N/A Design 8 all permitted or acre Î four foot Guidelines conditional minimum 5 frontage 7.5 % one acre Î 10 acres Î 10 foot minimum 5 frontage 10 % - greater than 10 acres Î 25 foot minimum 5 frontage 2 Outside sales or 5% N/A 5-5-5 Same as N/A services principal use Outside storage See section 106-N/A 20-10-5 Same as N/A 444(b) (Special principal use performance use standards) Freestanding on-See article VII of this chapter premises signs Freestanding on-See article VII of this chapter premises signs located in controlled access highway corridors MU, Mixed Use; all permitted or conditional: Single family detached N/A 60% 15 min to N/A 35 N/A residential uses 25 max- 10-5 Commercial and/or mixed residential and 5% - four foot 60% 15 min to N/A 35 Design 7 commercial minimum 25 max-Guidelines 5 frontage 10-5 Main Street 5 % - four foot 60% *-20-5 N/A 36 Design 7 minimum Guidelines 5 frontage Main Street Overlay N/A 84% 0-20-0 N/A 36 Design 7 Guidelines (b) Footnotes to Table 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. A planting plan is required to be submitted and approved by the enforcing officer. These areas are to be landscaped with trees, shrubs, and groundcover. Required landscaping must be maintained by the property owner and/or occupant. 2 Screening is required in conformance with section 106-444(a) (Special use performance standards). 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 Additionally, reference section 106-800 (Landscaping). 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. 7 a) Refer to Article IX for design guidelines. b) *Within the Main Street District, excluding those principal structures in the Overlay, the front yard is the average of the existing structures on that side of the street on the same side of the street or the setback of the closest structure on an adjacent lot. This applies to the primary structure only. Any accessory buildings must be a minimum of six feet from the main structure, but may be zero feet from any lot lines. 8 Refer to Article IX for design guidelines. 9 Maximum allowable height is 30 feet for structures within all commercial zoned properties, (including R-2 and R-3 uses therein), when the proposed building is located within 120 feet of the property line for any R-1 and LL zoned properties. Sec. 106-444. Commercial performance standards. (a) Screening. Screening is required when located adjacent to a residential zone district. No buildings or refuse containers shall be placed in such areas. One of the following screening options is required: (1) Landscape buffer a. Minimum four-foot wide planting strip is required adjacent to any adjacent residential property. b. Plantings shall consist of a combination of shade trees and low evergreen shrubs. c. Shrub planting shall be a minimum of four feet in height at the time of planting and must reach a height of six feet within two years. d. There shall be at least one shade tree planted for every 20 linear feet in accordance with the size requirements in Section 106-800 (Landscaping). e. The number and density of plantings shall be sufficient to provide a minimum 6-foot high solid screen within two years of normal growth. f. The landscape buffer is required to be maintained by the property owner and/or occupant in such a manner as to meet these requirements. (2) Fence buffer a. A minimum four-foot wide planting strip is required adjacent to any adjacent residential property. b. Fence must be a minimum of six feet in height and constructed of solid wood, masonry or other material approved by the Director of Planning and Development. c. One shade tree is required to be planted for every 20 linear foot in accordance with the size requirements in Section 106-800 (Landscaping). (b) Outdoor storage. Open and outdoor storage as an accessory or principal use provided that: (1) The area is screened from view of neighboring residential uses or an abutting residential district in compliance with section 106-444(a) (Special use performance standards). (2) Storage is screened from view from the public right-of-way in compliance with section 106- 444(a) (Special use performance standards). (3) Storage area is grassed or surfaced to control dust. (4) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with section 106- 310 footnote A (Lighting and glare). (c) Outdoor sales/service. Open or outdoor service, sale and rental as a principal or an accessory use and including sales in or from motorized vehicles, trailers, or wagons provided that: (1) Accessory outside service, sales and equipment rental connected with a principal use is limited to 30 percent of the gross floor area of the principal use. (2) Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with section 106-444(a) (Special use performance standards). (3) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with section 106- 310 footnote A (Lighting and glare). (4) A landscape buffer shall be maintained between all outdoor sales and service areas and adjacent public rights-of-way. Landscape buffers shall be designed in accordance with the requirements of Article V, Division 4 (Fencing and Landscaping Requirements). (d) 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 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 a minimum of conflict with through traffic movements, and shall be subject to the approval of Director of Planning and Development. Vehicular ingress lanes shall be large enough to accommodate peak use on the same lot without requiring the stopping or waiting of vehicles on public right-of-ways. Ingress lanes shall be from the least heavily travelled street wherever possible. (e) Off-site parking. (1) Any off-site parking which is used to meet the requirements of this chapter shall be required to meet the following conditions: a. Such off-site parking shall comply with all parking standards stated in this chapter, including Article VI (Off-street parking). b. Reasonable access from off-site parking facilities to the use served shall be provided. c. Such off-site parking shall be within 300 feet of the use served. (2) Any use which depends upon off-site parking to meet the requirements of this chapter shall maintain the minimum number of required parking spaces or cease operation and use until such time as there is full compliance with the requirements of this chapter. (3) Whenever required parking facilities are on a lot or parcel of land other than the principal building which is to be served, a properly drawn legal instrument, executed by the parties concerned, duly approved as to form and manner of execution by the city attorney, shall be filed with the city secretary. (f) Joint parking. The city council after receiving a report and recommendation from the planning and zoning commission, may approve a conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the planning and zoning commission shall not recommend that such permit be granted nor the council approve such a permit except when the following conditions are found to exist: (1) Up to 50 percent of the parking facilities required for a theater, bowling alley, dance hall, bar, restaurant or similar use as determined by the planning and zoning commission may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in subsection d of this section. (2) Up to 50 percent of the off-street parking facilities required for any use specified under subsection d of this section as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: Auditoriums incidental to all public or parochial schools, churches, bowling alleys, dance halls, theaters, bars, restaurants or similar uses as determined by the planning and zoning commission. (3) Up to 80 percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified under subsection d of this section as primary daytime uses as determined by the city planning and zoning commission. (4) For the purpose of this section, the following uses are considered as primary daytime uses: Banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing, shoe repair or service shops, manufacturing, wholesale and similar uses as determined by the planning and zoning commission. (5) Conditions required for joint use: a. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 300 feet of such parking facilities. b. The applicant shall show that there is no substantial conflict in the principle operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed. c. A properly drawn legal instrument, executed by the parties concerned for joint use of off- street parking facilities, duly authorized as to form and manner of execution by the city attorney, shall be filed and recorded in the county deed records. Secs. 106-445—106-475. Reserved. Subdivision II. NC Neighborhood Commercial District Sec. 106-476. Purpose. The purpose of the NC neighborhood commercial district is to provide for the establishment of local centers for convenient, limited office retail or service outlines which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. Sec. 106-477. Permitted, accessory, and special conditional uses. Refer to Section 106-310 (Table A, commercial and industrial uses) Sec. 106-478. Density/intensity regulations. Refer to section 106-443 (Table B, commercial area requirements). Sec. 106-479. Special regulations and procedures. Refer to articles IV, V, VI and VII of this chapter. Sec. 106-480. Artisan Shop. Maximum 1,000 square feet allowed for the retail component. Secs. 106-481—106-495. Reserved. Subdivision III. GC General Commercial District Sec. 106-496. Purpose. The purpose of the GC general commercial district is to provide for low intensity, retail or service outlets which deal directly with the customer for whom the foods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities. Sec. 106-497. Permitted, accessory, and special conditional uses. Refer to Section 106-310 (Table A, commercial and industrial uses) Sec. 106-498. Density/intensity regulations. Refer to section 106-443 (Table B, commercial area requirements). Sec. 106-499. Special regulations and procedures. Refer to articles IV, V, VI and VII of this chapter. Section 106-500. Artisan shop. Maximum 2,500 square feet for the retail component. Secs. 106-501—106-509. Reserved. Subdivision IV. Main Street District With Overlay Sec. 106-510. Purpose; Main Street district; Main Street overlay district defined. The purpose of the Main Street district is to preserve the character of the original Main Street area of La Porte. The intent of a Main Street district within an overlay area is to allow greater flexibility of normal city requirements and create an environment reflective of an era when travel was based less on vehicular traffic and more on pedestrian access with retail trade more closely clustered. Sec. 106-511. Permitted, accessory, and special conditional uses. (a) Commercial and all residential activities are permitted, as indicated in Section 106-310 Table A, Main Street Overlay uses. (b) Main Street overlay maximum 5000 square feet per floor. (c) No outdoor storage within the Main Street Overlay between Highway 146 and Virginia. (d) Within the Main Street Overlay, residential activities are only allowed above the first floor. (e) Single family detached is prohibited in Main Street Overlay, but permitted in Main Street District. Sec. 106-512. Density/intensity regulations. Refer to Table B, Main Street overlay requirements, section 106-443 (Table B, commercial area requirements) Sec. 106-513. Special regulations and procedures. For new construction no customer parking is required; however, businesses are required to provide a minimum of two employee parking spaces. Also for new construction, no parking lots shall be developed in front of the building within the overlay portion of the Main Street district. Alley ways within the district shall be considered as driving aisles for the purposes of parking requirements. Refer to section 106-752 (Dumpster enclosures) Property owners are not required to install sidewalks within the district. Refer to articles IV, V, VI, VII and IX of this chapter for further regulations and procedures. Sec. 106-514.Artisan shop. Maximum 2,500 square feet for the retail component. Subdivision V. Mixed Use District Sec. 106-515. Purpose. The purpose of the Mixed Use District is to accommodate, encourage and promote innovatively designed developments involving neighborhood-serving residential and commercial land uses. The regulations of this district are intended to allow for residential and limited commercial uses scaled in such a manner as to complement the immediate neighborhood. The district regulations allow flexibility and encourage more creative, efficient and aesthetically desirable design and placement of land uses. Sec. 106-516. Permitted, accessory, and special conditional uses. Limited commercial and all residential activities including a mix of residential and commercial uses are permitted in the Mixed Use District, as indicated in section 106-310 (Table A, commercial and industrial uses). Sec. 106-517. Density/intensity regulations. Refer to the requirements for Mixed Use District as indicated in section 106-443 (Table B, commercial area requirements). Sec. 106-518. Special regulations and procedures. Refer to articles IV, V, VI and VII of this chapter for additional regulations and procedures. For commercial uses, a minimum of 4 parking spaces is required. Such parking may cover no more than 30 percent of the lot. Parking may be permitted in the right-of-way if approved by the Director of Planning and Development. Sec. 106-519-106-520. Reserved. DIVISION 4. INDUSTRIAL DISTRICT REGULATIONS Subdivision I. Generally Sec. 106-521. Industrial Uses. Interpretation and enforcement. Property uses, except as provided for by section 106-310 (Table A, commercial and industrial uses) are prohibited and constitute a violation of this chapter. Sec. 106-522. Table A, Industrial area requirements. (a) Table A, industrial area requirements. Uses Minimum MaximumMinimumAdjacent toMaximum Bldg. Design 610 Landscaping Lot Yard ResidentialHeight Standards Requirements CoverageSetbacksMinimum (feet) 4 (percent) (percent)F.R.S. Yard 1, 3, 5 Setback (feet) F.R.S. 2, 5, 9 (feet) BI business-6 50 20-10-1050-40-30 N/A Design industrial; all Standards, 5 % up to one acre 10 permitted or Article IX Î four foot conditional minimum frontage 7.5 % one acre Î 10 acres Î 10 foot minimum frontage 10 % - greater than 10 acres Î 25 foot minimum frontage LI light industrial 5 % up to one acre 70 20-10-1030-50-50 N/A district; all permitted Î four foot or conditional minimum frontage 7.5 % one acre Î 10 acres Î 10 foot minimum frontage 10 % - greater than 10 acres Î 25 foot minimum frontage HI heavy industrial 6 30 50-50-30100-150-45 district all permitted 150 5 % up to one acre or conditional Î four foot minimum frontage 7.5 % one acre Î 10 acres Î 10 foot minimum frontage 10 % - greater than 10 acres Î 25 foot minimum frontage Loading docks N/A N/A 130-130-Same as N/A 130 principal use plus 130 ft. Outside storage N/A N/A 20-10-5 Same as Section principal 106- use 444(b) Truck stops 15% 50 50-40-3050-40-30 , 78 Shipping containers 15% N/A 50-50-30100-150-36 150 On- and off-premises See article VII of this chapter freestanding signs Freestanding on-See article VII of this chapter premises signs located in controlled access highway corridors (b) Footnotes. 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 ground cover, with a planting plan required to be submitted and approved by the enforcement officer. Required landscaping must be maintained by the property owner and/or occupant. 2. No buildings, parking areas, loading docks, outside storage, or refuse containers will be allowed in such setback areas. These areas are to be landscaped with trees, shrubs and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. 3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad right-of-way, or rail service spurs. 4. See article V, division 4 (Fencing and landscaping requirements) for additional requirements. 5. No sign shall be located in a required visibility triangle in such a manner as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. See section 106-805 (Visibility triangles). 6. Height restrictions may be modified as a conditional use, provided that no modification of height restrictions may occur adjacent to property zoned residential or commercial. Provided further that no modification shall be permitted if said modification would pose a danger to life or property. See section 106-772 (Height requirements). 7. Shipping containers are permitted to be stacked up to four containers in height. See section 106-751 (Shipping containers used for storage). 8. Shipping containers will be stacked in a 'pyramid' appearance along the front of the site. The initial row shall not exceed two containers in height, with each successive interior row gaining one container in height to a maximum of four containers in height. For the sides beyond the front area, the 'pyramid' appearance shall not be required. 9. Screening will be required adjacent to residential in accordance with the provisions of section 106-444(a) (Commercial performance standards). 10. See article IX (Design standards) for additional requirements. Sec. 106-523. Industrial performance standards. (a) 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 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 a minimum of conflict with traffic movements, and shall be subject to the approval of the Director of Planning & Development. Vehicular ingress lanes shall be large enough to accommodate peak use on the same lot without requiring the stopping or waiting of vehicles on public rights-of-way. Ingress lanes shall be from the least heavily travelled street wherever possible. (b) Drainage. On request, a drainage plan for the proposed development shall be submitted to the Director of Planning & Development for review and approval. (c) Compatibility with surrounding area. The appearance and functional plan of the building and site 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 lot. The proposed development shall be compatible with existing and planned use of the area and conflicts shall not be created between the proposed use and existing and intended future uses of the surrounding area. (d) Required licenses obtained. All necessary governmental permits and licenses shall be secured with evidence of such placed on record with the city. (e) Availability and adequacy of public services. Public services including but not limited to sewer, water, gas, police and fire protection are available at an adequate level and capable to service the proposed land use. The planning and zoning commission and the city council may impose any necessary conditions or restrictions upon the proposed land use to insure that an overloading of city system does not occur and that inordinate demand on public services does not jeopardize or limit existing and protected public services demands. (f) Loading berths. Loading berths located on the front or at the side of buildings on a corner lot shall be required to meet the following conditions: (1) Loading berths shall not conflict with pedestrian movement. (2) Loading berths shall not obstruct the view of the public right-of-way from off-street parking access. (g) Location of sexually oriented businesses. (1) A person commits an offense if he operates or causes to operate a sexually oriented business within 1,000 feet (as measured below) of any of the following, whether located within or outside the corporate limits of the city: a. A boundary of a residential district; b. The property line of a lot devoted to a residential use; c. A church; d. A school; e. A day care or kindergarten; or f. A public park or playground. (2) For the purposes of subsection (g)(1) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, school, day care or kindergarten, or to the nearest boundary of an affected public park or playground, residential district, or lot devoted to a residential use. (3) A person commits an offense if he or she operates or establishes, or causes or permits another to operate or establish a sexually oriented business which is located within 1,000 feet of another sexually oriented business. The distance between two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the nearest property line used as part of the premises where a sexually oriented business is conducted to the nearest property line of another sexually oriented business. (4) A person commits an offense if he causes or permits the operation, establishment, or maintenance or more than one sexually oriented business in the same building, structure, or portion thereof. Secs. 106-524—106-540. Reserved. Subdivision II. BI Business Industrial District Sec. 106-541. Purpose. The purpose of the business/industrial district is to provide for the establishment of industrial development that is compatible with surrounding or abutting residential districts and to encourage high level performance standards. Development in the business/industrial district is limited to administrative, wholesaling, manufacturing and related compatible uses, with suitable open spaces, landscaping and parking areas. Sec. 106-542. Permitted, accessory and special conditional uses. Refer to Section 106-310 (Table A, commercial and industrial uses). Sec. 106-543. Density/intensity regulations. Refer to section 106-522 (Table B, industrial area requirements). Sec. 106-544. Regulations and procedures. (a) Refer to articles IV (planned unit developments), V (supplementary district regulations), VI (off-street parking) and VII (signs) of this chapter. (b) Refer to article II, division 4 (permits). (c) Refer to article VI (Off-street parking). (d) Refer to article V, division 3 (Area requirements) and 4 (Fencing and landscaping requirements). Secs. 106-545—106-560. Reserved. Subdivision III. LI Light Industrial District Sec. 106-561. Purpose. The purpose of the LI light industrial district is to provide for the establishment of warehousing and light industrial development. Sec. 106-562. Permitted, accessory, and special conditional uses. Refer to Section 106-310 (Table A, commercial and industrial uses). Sec. 106-563. Density/intensity regulations. Refer to section 106-522 (Table B, industrial area requirements). Sec. 106-564. Regulations and procedures. (a) Refer to Articles IV, V, VI and VII of this chapter. (b) Refer to article II, division 4 (Permits). (c) Refer to article VI (Off-street parking). (d) Refer to article V, division 3 (Area requirements) and 4 (Fencing and landscaping requirements). Secs. 106-565—106-580. Reserved. Subdivision IV. HI Heavy Industrial District Sec. 106-581. Purpose. The purpose of the HI heavy industrial district is to provide for the establishment of heavy industrial and manufacturing development and use which because of the nature of the product or character of activity requires isolation from residential or commercial use. Sec. 106-582. Permitted, accessory and special conditional uses. Refer to Section 106-310 (Table A, commercial and industrial uses). Sec. 106-583. Density/intensity regulations. Refer to section 106-522 (Table B, industrial area requirements). Sec. 106-584. Regulations and procedures. (a) Refer to articles IV, V, VI and VII of this chapter. (b) Refer to article II, division 4 (Permits). (c) Refer to article VI (Off-street parking). (d) Refer to article V, division 3 (Area requirements) and 4 (Fencing and landscaping requirements). Secs. 106-585—106-620. Reserved. ARTICLE IV. PLANNED UNIT DEVELOPMENTS DIVISION1.GENERALLY Secs. 106-621—106-635. Reserved. DIVISION 2. ADMINISTRATION Sec. 106-636. Planned unit development procedures. The planned unit development procedures are intended to be used in two ways. First, for any development in a district that meets all the use requirements (for example, multifamily residential in a R-3 zone) that may not be able to meet the minimum lot area or setback criteria because of the type of neighborhood the developer envisions; or second, to regulate the second phase of submission in the planned unit development zone. (Refer to section 106-656, (Purpose and intent) (et seq.) Sec. 106-637. Procedures for establishing a planned unit development and subsequent review. (a) An application for a conditional use permit shall be filed and processed based upon procedures established by sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and 106-218 (Amendments). (b) An application for a major development site plan, minor development site plan, or preliminary plat shall be filed and processed simultaneously with the conditional use permit and shall be subject to the requirements of the city development ordinance number 1444 on file in the city secretary's office. (c) Submittal and filing of the major or minor development site plan or preliminary plat shall be in accordance with the requirements of the development ordinance number 1444 on file in the city secretary's office and shall contain (in addition to the requirements of the development ordinance number 1444 on file in the city secretary's office) the following information: (1) The entire outline, overall dimensions and area of the tract described in the application. (2) The use, zoning and ownership of all adjacent properties within 100 feet of the tract boundaries including the location of all structures thereon and the right-of-way widths of all adjacent public roadways. (3) The existing and proposed topography of the tract with contour intervals not greater than one foot. (4) The location, general exterior dimensions and approximate gross floor areas of all proposed buildings, or where appropriate, examples of housing units to be built on lots. (5) The type of each use proposed to occupy each building and the approximate amount of building floor area devoted to each separate use, if appropriate. (6) The proposed location, arrangement and number of automobile parking stalls, or appropriate examples for each housing type. (7) The proposed location, arrangement and general dimensions of all truck loading facilities, if appropriate. (8) The location and dimensions of all vehicular entrances, exits and driveways and their relationship to all existing or proposed district or development examples for each housing type. (9) The location and dimensions of all walls, fences, and plantings designed to screen the proposed district or development from adjacent uses. (10) The general drainage system. (11) Standards for exterior signs, architectural style, landscape concepts, and other variables which will be controlled in the design of buildings in the development area. (12) Proposed exterior architectural elevations illustrating the basic design elements and material appearances. (d) The applicant shall submit a proposed schedule of construction. If the construction of the proposed planned unit development is to be in stages, then the components contained in each stage must be clearly delineated. In addition, the developer or subdivider must submit a general plan in accordance with the requirements of the city development ordinance number 1444 on file in the city secretary's office. The general plan shall be submitted prior to the submission of a development site plan or preliminary plat, as the case may be. The development schedule shall indicate the approximate starting date and the approximate completion date of the complete development plan. (e) A draft of all proposed deed restrictions, assessments, and covenants shall be filed clearly delineating responsibility for maintenance and control of public and private property, and common areas. (f) Review and evaluation criteria. The city planning and zoning commission shall review and recommend to the city council who shall evaluate and decide based on the following criteria: (1) Adequate property control is provided to protect the individual owners' rights and property values and the public responsibility for maintenance and upkeep. (2) The interior circulation plan plus access from and onto public right-of-way does not create congestion or dangers and is adequate for the safety of the project residents and general public. (3) A sufficient amount of usable open space is provided, in general conformance with the open space requirements outlined for each particular use classification in this chapter. (4) That the arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses. (5) Acoustical controls for interior areas and facilities are at minimum in compliance with the current standards of the Building Code of the city. (6) The architectural design of the project is compatible with the surrounding area. (7) The drainage and utility system plans are submitted to the director and the final drainage and utility plans shall be subject to his approval. (8) The development schedule ensures a logical development of the site which will protect the public interest and conserve the land. (9) The development is in compliance with the requirements of the city development ordinance number 1444 on file in the city secretary's office. (10) Dwelling unit and accessory use requirements are in general compliance with the district provisions in which the development is planned. (11) The provisions of sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and 106-218 (Amendments) are considered and satisfactorily met. (g) Final planned unit development plan. The approved general plan, major development site plan, minor development site plan, or preliminary plat, together with all conditions, covenants, deed restrictions, dedications, controls, and conditional use permits that are part thereof, shall be known as the final planned unit development plan and shall become a part of the official file of the city. (h) Notwithstanding anything else in this chapter to the contrary, no building permit, nor a development authorization (as said terms are defined in the development ordinance number 1444 on file in the city secretary's office) shall be issued until all required general plans, development site plans, preliminary plats, or conditional use permits have been approved by the appropriate approving authorities, as said authorities are defined in the development ordinance number 1444 on file in the city secretary's office and this chapter. Secs. 106-638—106-655. Reserved. DIVISION 3. DISTRICT REGULATIONS Sec. 106-656. Purpose and intent. The purpose of this district is to provide for the grouping of land parcels for development as an integrated coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities through conditional use provisions. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities, and a harmonious selection and efficient distribution of uses. Sec. 106-657. Permitted, accessory and special conditional uses. All uses permitted in the residential, commercial, and industrial districts. Sec. 106-658. Density/intensity regulations. Based on conditions established under this section and those established under section 106-636, (Planned unit development procedures). Sec. 106-659. Special regulations and procedures. (a) Procedure for establishing or developing a planned unit development district development. (1) An application for a conditional use permit shall be filed and processed based upon procedures established by sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and 106-218 (Amendments). (2) An application for a general plan shall be filed and processed simultaneously with the conditional use permit and shall be subject to the requirements of this chapter and the city development ordinance number 1444 on file in the city secretary's office. (3) Submittal and filing of the general plan shall be according to the development ordinance number 1444 on file in the city secretary's office and shall contain, in addition to the requirements of the development ordinance number 1444 on file in the city secretary's office, the following information: General area wide development plan (general outline of the site and surrounding area). a. Uses. b. Zoning. c. Streets. d. Grade or topography. e. Density. f. Utilities and drainage. (4) The applicant shall submit a proposed schedule of construction. If the construction of the proposed planned unit development is to be in stages, then the components contained in each stage must be clearly delineated. The development schedule shall indicate the approximate starting date and the completion date of the complete development plan. (5) A written description shall be submitted documenting the type of property control that will be utilized to administer, control and maintain any common open space or areas. (b) Review and evaluation criteria. The city planning and zoning commission shall review and recommend to the city council who shall evaluate and decide based on the following criteria: (1) Adequate property control is proposed to protect the individual owners; rights and property values, and the public responsibility for maintenance and upkeep. (2) The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public. (3) A sufficient amount of useable open space is provided. (4) The arrangement of uses does not unreasonably disturb the privacy or property values of the surrounding residential uses. (5) The preliminary drainage and utility system plans are adequate based on a report from the director and the final drainage and utility plans shall be subject to his approval. (6) The development schedule ensures a logical development of the site which will protect the public interest and conserve the land. (7) The development is in compliance with the requirements of the city development ordinance number 1444 on file in the city secretary's office. (8) Dwelling unit requirements are in general compliance with the applicable district provisions. (9) The provisions of sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and 106-218 (Amendments) are considered satisfactorily met. (10) The development is in conformance with the comprehensive plan. (c) Termination. In the event submission or detailed major or minor development site plans, or preliminary plats has not occurred within 12 months of the last approval, then the conditional use permit will become null and void. The applicant may, within the first 12 months, however, request an extension for one additional year, and the city planning and zoning commission may grant such extension. (d) Subsequent procedures. (1) Once the general plan and conditional use permit have been approved, the applicant may proceed to apply for specific major or minor development site plans, and preliminary plat approval (as the case may be), subject to the requirements of section 106-636, (Planned unit development procedures). (2) Each subsequent request for specific major or minor development site plan approval and preliminary plat approval shall be based on the approved general plan. A change in the developer's or subdivider's plans shall require submission and filing of new general plan together with the approval thereof, as required in the city development ordinance number 1444, section 4.01, general plans, which is on file in the city secretary's office. Secs. 106-660—106-675. Reserved. DIVISION 4. REQUIREMENTS Subdivision I. Generally Sec. 106-676. Property controls. (a) In order that the purpose of this section may be achieved, the property shall be in single ownership or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this chapter. (b) Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the city. Such filing with the city shall be made prior to the filing of said declaration or documents or plans with the recording officers of the county. (c) Prior to recording in the county deed records, approval of the city shall be secured as to the documents described in subsection 106-676(b) (Property controls). (d) The declaration of covenants, conditions or restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject such properties to the terms of such declaration. (e) The declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. The declaration shall be subject to the review and approval of the city attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control. Sec. 106-677. Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection. Proposed utility connections shall be subject to approval by the planning director. Sec. 106-678. Building height. Height limitations shall be the same as imposed in the respective districts. Sec. 106-679. Roadways. Private roadways within the project shall have an improved surface to 24 feet or more in width and shall be so designed as to permit the city fire trucks to provide protection to each building. No portion of this required 24-foot road system may be used in calculating required off-street parking space or be used for parking. Sec. 106-680. Exterior building designs. The material used on the exterior facade of all commercial and industrial buildings within the city's TIRZ No. 1 shall conform to the requirements below and in accordance to the appropriate zoning district, land uses, and visibility of the site. Any new nonresidential development in the cityÓs TIRZ No. 1 is subject to the applicable provisions in Article IX, Design Guidelines. Where such development is located on a thoroughfare not identified in the requirements of Article IX or on a thoroughfare identified as a Tier 3, then said project shall be subject to the requirements in Tier 2. Landscaping: Minimum 10 percent. Secs. 106-681—106-695. Reserved. Subdivision II. Specific Development Requirements Sec. 106-696. General residential. (a) Purpose. It is the intent of this subdivision to establish provisions for the granting of a conditional use permit for planned unit development - general residential projects which are in compliance with the permitted and conditional uses allowed in a specific district including dwellings, and institutional uses of one or more buildings in relation to an overall design, and integrated physical plan in accordance with the provisions and procedures as prescribed in this chapter. (b) Minimum project size. The tract of land for which a planned unit development-general residential project is proposed and permit requested shall contain not less than five acres of land. (c) Required frontage. The tract of land for which a project is proposed and permit requested shall not have less than 200 feet of frontage on a public right-of-way. (d) Yards. (1) The front, rear and side yard restrictions at the periphery of the planned unit development site, at a minimum, shall be the same as imposed in the respective districts. (2) No building shall be nearer than its building height to the rear or side property line when such line abuts an R-1 or R-2 use district. (3) No building shall be located less than 15 feet from the back of the curbline along those roadways which are part of the internal street pattern. (4) No building within the project shall be nearer to another building than one-half the sum of the building heights of the two buildings. Sec. 106-697. Townhouses, cooperative, condominiums, multiple-family structures requirements. (a) No single townhouse structure shall contain more than 12 dwelling units. (b) Minimum unit lot frontage for townhouses shall be not less than 20 feet. (c) Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned. (d) Townhouses, cooperatives and condominiums may be subdivided on an individual unit basis according to the provisions of the city development ordinance number 1444 which is on file in the city secretary's office, or under the laws of the state. Sec. 106-698. Density bonus. As a consequence of a planned unit development's planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased up to ten percent. The building, parking and similar requirements for these bonus units shall be observed in compliance with this chapter. Sec. 106-699. Commercial and industrial. (a) Purpose. The intent of this section is to establish provisions for the granting of a conditional use permit to erect planned unit development - commercial and industrial projects which are in compliance with the permitted and conditional uses allowed in a specific district in one or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures in this chapter. (b) Minimum project size. The tract of land for which a planned unit development - commercial or industrial project is proposed and permit is requested, shall contain not less than five acres for commercial and industrial projects. (c) Frontage. The tract of land for which a project is proposed and a permit requested shall not have less than 200 feet of frontage on a public right-of-way. (d) Yard. No building shall be nearer than 50 feet to the side or rear property line when such line abuts an R-1, R-2, R-3 or MH use district. (e) Landscaping, screening and surfacing. (1) The entire site other than that taken up by structures or landscaping shall be surfaced with a material to control dust and drainage. (2) A drainage system subject to the approval of the planning director shall be installed. (3) Developments abutting an R-1, R-2, R-3 or MH district shall be screened and landscaped in compliance with required screening and landscaping for the specific use involved as required in section 106-443, (Table B, commercial area requirements) and, section 106-552 (Industrial area requirements). (4) Required landscaping must be maintained by the property owner and/or occupant. Sec. 106-700. General implementation provisions. (a) Compliance with the final development plan and changes. (1) The development of the planned unit development shall be in compliance with the final development plan. (2) Differences between the actual development and proposed development shown in the final development plan not permitted under the foregoing provisions of this section, will be permitted only if the final development plan is changed with the approval of the city council. Proposed changes shall be reviewed by the planning and zoning commission and recommendations forwarded to the council. (b) Building permits. Applications for building permits shall be reviewed and approved by the building inspector after considering action and conditions imposed by the city council. Such applications shall be examined to determine if they are in compliance with this chapter and the final development plan. (c) Zoning permit. A zoning permit shall be secured in compliance with section 106-142 (Zoning permits). Secs. 106-701—106-720. Reserved. ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Secs. 106-721—106-740. Reserved. DIVISION 2. ACCESSORY BUILDINGS, USES AND EQUIPMENT Sec. 106-741. General provisions. (a) No accessory buildings, uses or structures shall be erected or located in any required yard other than the rear yard except: (1) A detached private garage as defined, may be permitted in side yards, provided: a. It complies with all the requirements of this section; b. It shall be five feet or more from side lot lines; and c. The side yard does not abut a street right-of-way. (2) Accessory buildings built on a skid foundation, no larger than 120 square feet and no more than one story in height may be located in utility easements in required rear yards, except that they may not be located closer than three feet from a side or rear property line or closer than six feet from any other structure. (b) Accessory buildings, uses and structures, with the exception of those on residential large lots, shall not exceed 15 feet in height, shall be three feet or more from all lot lines, shall be six feet or more from any other building or structure on the same lot, and shall not be located upon any utility easement. (c) Private garage structures with vehicular access doors facing public alleys, as defined in the public improvement construction policy and standards, shall be 20 feet or more from the alley right-of-way. Detached garages located in rear yards of corner lots shall be set back a minimum ten feet from the property line abutting the side street right-of-way. (d) Detached private garages, as defined, may be 20 feet in height, or the height of the principal structure, whichever is less. (e) Floor area. See section 106-416 (Special regulations). (1) Generally. No accessory building, or carport garage for single-family dwellings shall occupy more than 25 percent of a rear yard, nor exceed 1,000 square feet of floor area. (2) Large lot residential only. Accessory buildings in single-family residential large lots with one acre or more may not exceed 5,000 square feet of floor area. Accessory buildings with a floor area in excess of 1,000 square feet must be located at least 10 feet from any property line and 20 feet from other structures. All accessory buildings on lots less than one acre - all provisions of this section apply. (f) No more than one detached private garage or carport structure on lots less than one acre with single family dwelling. (g) Wind generators, for producing electricity or other forms of energy shall not be located in any yards other than the rear yard and must be set back 150 feet from all property lines or the height of the structure, whichever is greater unless a special conditional use permit (SCUP) is granted. Provisions of SCUP should take into consideration size, height, noise, location to adjacent properties, etc. (h) Reserved. (i) No accessory uses or equipment except for air conditioning structures or condensers may be located in a required side yard except for side yards abutting streets where equipment is fully screened from view. (j) Large lot district. The property owner of a toolhouse, barn, shed, storage building and/or livestock in the large lot district on a tract one acre in size or larger authorized without a principal structure on the property, shall be responsible for ensuring no one lives in the toolhouse, barn, shed, or storage building without properly permitting the structure for residential habitation, the property is kept in a sanitary condition and the property complies with all applicable city regulations. Sec. 106-742. Domestic livestock. (a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a permitted accessory use on lots in excess of one acre (43,560 square feet), provided that all domestic livestock as defined above be restrained by a properly constructed and maintained fence no closer than five feet from property that is not devoted to the keeping of domestic livestock or by a perimeter property (exterior) fence of such construction so as to be impenetrable by livestock and to prevent intrusion into neighboring residential properties, and provided further that said domestic livestock be kept in a concentration that is less than or equal to: (1) Two cows per acre. (2) Two horses per acre. (3) Two hogs per acre. (4) Two sheep or goats per acre. Plus one head for each additional one-half acre of land on the same parcel. (b) In any event, the total for the above referenced grazing animals (i.e. sheep, goats, hogs, cows, or horses) shall be cumulative. In the event of fowl or recreational livestock in the large lot uses, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl grazing or recreational livestock be such as to create a health hazard or nuisance. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of livestock or fowl for the purpose of breeding, commercial feeding or sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 106-331, (Table A, residential uses). (d) Large lot district only. (1) Recreational livestock is a permitted accessory use kept on tracts of contiguous land (under one ownership) totaling one acre in size or larger. (2) For any pre-existing, nonconforming livestock use, without the required primary structure in existence prior to this ordinance, shall be permitted upon submittal and subsequent city approval. Upon such approval registration form shall be issued to the property owner. (3) Recreational livestock concentration shall not exceed grazing livestock concentration unless the following provisions are met: a. A barn and/or similar structure adequate to house livestock is provided to accommodate the number of livestock regardless of type; b. Proper maintenance/care is adequately provided; and c. The site shall be maintained to avoid any public nuisance. Sec. 106-743. Breeding kennels (dogs and cats only). Breeding kennels for dogs and cats only, are a permitted accessory use on lots in excess of 43,560 square feet, provided that all of such kennels are licensed according to section 14-81 et seq., and any amendments or additions thereto. Provided further that all animals must be boarded in enclosures located no closer than 100 feet from any property line. The requirements of section 34-126 et seq., and any amendments or additions thereto shall apply in any event. Sec. 106-744. Bed and breakfast. (a) A bed and breakfast shall be operated by resident homeowners. (b) A bed and breakfast shall conform to the requirements of section 106-334 (Performance standards for all residential uses except for single family dwellings). (c) Parking shall be provided in accordance with the requirements of section 106-839 (Number of spaces required). (d) A bed and breakfast shall be allowed one sign per Article VII (Signs) of this chapter. Sec. 106-745. Commercial-industrial accessory structures and uses. Structures and buildings accessory to commercial or industrial principal uses shall meet all setback and height requirements of the district they are in as if they were principal structures. Sec. 106-746. Location of heavy truck uses. (1) Heavy truck uses generated from NAICS uses 484110, 484121, 484220, 484230 and 493 shall only be located within properties directly adjacent to the right-of-way of designated High Frequency Truck Roads, provided those uses comply with the underlying zoning. (2) Overnight parking of heavy trucks shall only be permitted on properties within the GC, MU, MSD and NC zoning districts adjacent to High Frequency Truck Roads. Sec. 106-747. Coin-operated machines. All sites for coin-operated machines as defined in section 10-31 must be greater than 300 feet from any public or private school, any hospital or any church. This is to be measured using current TABC guidelines. Sec. 106-748. Swimming pools, spas, and hot tubs. No swimming pools, spas, or hot tubs shall be erected or located in any required yard except in accordance with the following provisions: (1) Setbacks. Pools Spas/Hot Decks Pumps, Tubs Filters, Heating Equipment Separation from 6 N/A N/A N/A adjacent structures Side setback 5 5 2 2 Rear setback 5 5 2 2 Setback from utility 3 May not May not May not easement encroach encroach encroach Front setback See section See section See section See section 106-771(2) (Yard 106-771(2) (Yard 106-771(2) (Yard 106-771(2) (Yard requirements) requirements) requirements) requirements) (2) Fences. Swimming pools, spas, and hot tubs shall be enclosed within a fence at least four feet in height. Fences shall comply with all requirements of the currently adopted edition of the Standard /źƷǤ͸ƭCodeofOrdinances Swimming Pool Code published by the . In the case of a pool located in a front yard adjacent to the shoreline of Galveston Bay, see section 106-792 (Residential large lots and lots adjacent to Galveston Bay). Sec. 106-749. Home occupation. (a) No person other than members of the family residing in the premises shall be engaged in such occupation. (b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purpose by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, non-illuminated, and mounted flat against the wall of the principal building. (d) No display, visible from the exterior of the dwelling shall be connected with such home occupation. (e) There shall be no outside storage of any kind, including vehicles or equipment connected with such home occupation. (f) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street. (g) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal sense off the lot, if the occupation is conducted in a single-family residence. In the case of noise, the level shall not exceed 50 percent of the values established in section 106-310 footnote B. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises. Sec. 106-750. Office trailers. Office trailers as defined are only allowed subject to the following conditions: (1) Office trailers may be used as construction offices or temporary storage buildings only on construction sites. (2) No office trailer shall be moved on to a construction site until the required building permit has been issued. (3) All office trailers shall be removed from a construction site once work is completed or abandoned. (4) In no case shall an office trailer be used for overnight sleeping purposes. Sec. 106-751. Shipping containers used for storage. (a) Shipping containers may be used as temporary material storage facilities on construction sites in all zoning districts except residential (R-1, R-2, and R-3). In addition, commercial construction allowed in residential zoning districts may use shipping containers as temporary material storage facilities. (Note: Certificate of occupancy shall not be issued until shipping container is removed from the site.) (b) Shipping containers may be used as an accessory structure in LL, GC, BI and LI zoning districts. Shipping containers utilized as an accessory building/structure shall be subject to the following provisions and shall comply with all applicable permit conditions: (1) It shall comply with all yard setbacks. (2) No larger than 350 square feet and no more than one container may be located at site. In case of light industrial (LI) and business industrial (BI) zoning districts, one container per three acres and maximum of three containers per site shall be permitted. (3) Overall lot coverage shall not exceed those applicable to the subject zoning districts. (4) Containers shall not be stacked. (5) Structure must have a minimum 3/12 pitched composition shingled roof or other material approved by the director. (6) All sidings shall be covered with hardy plank, or other material approved by the director. The doors may remain uncovered. (7) The building may be placed on the ground without a foundation provided that building is anchored to the ground per standard building codes. (8) Structure shall be architecturally and aesthetically complimentary with the primary building. (9) A building permit shall be applicable prior to installation. (10) Within 30 days of the issuance of a building permit, shipping container shall be enclosed within a building or required components shall be attached to the frame of the container. (11) Maintenance of all items required herein is the sole responsibility of the owner. (12) Failure to comply with these provisions will cause removal of the container from the property at the owner's expense. (c) The owners of shipping containers utilized as mobile supply tool/material supply storage units are allowed to stage a maximum of up to two units at their operating business location provided that the units are screened from public view and from right-of-way subject to requirements of subsections 106-444(a), (b) (Commercial performance standards) of this chapter. Section 106-752. Dumpster enclosures. (a) When utilized, external trash storage shall not be visible from a public street. When visible from a public street, they shall be located in a gated enclosure of sufficient height to conceal the dumpsters, bins and compactors. (b) Permitted materials include solid wood or masonry. (c) Dumpster enclosures shall not be allowed within a public right-of-way, unless approved by the Director of Planning and Development or his/her designee. (d) In the Main Street District, when a dumpster is visible from a public street the dumpster shall be screened. If it is visible only via the alley from a public street, screening will not be required. (e) Areas in and around the dumpster shall be kept clean of debris/unsanitary conditions and the enclosure shall be maintained in a manner that the dumpster is fully screened at all times. Secs. 106-753—106-770. Reserved. 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. (5) Recreational areas, facilities and open space. Trails, playgrounds, and detention areas located within multi-family residential developments are permitted provided they do not encroach into any utility easement. Sec. 106-772. Height requirements. The building height limits established in this chapter for distances shall not apply to the following except if they are located within an airport height restriction area: (1) Belfries; (2) Chimneys or flues; (3) Church spires, not exceeding 20 feet above roof; (4) Cooling towers; (5) Cupolas and domes which do not contain usable space; (6) Elevator penthouses; (7) Flagpoles; (8) Monuments; (9) Parapet walls extending not more than three feet above the limiting height of the building; (10) Water towers; (11) Poles, towers, and other structures for essential services; (12) Necessary mechanical and electrical appurtenances; (13) Television and radio antennas not exceeding 20 feet above roof; (14) Wind electrical generating equipment; (15) Heavy industrial (HI) facilities, with a special conditional use permit. See section 106-310 (Table A, commercial and industrial uses) and section 106-522 (Table B, industrial area requirements). Sec. 106-773. Exterior storage. In residential zones, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: (1) Clothesline poles and wires; (2) Construction and landscaping material currently being used on the premises; (3) Off-street parking of passenger vehicles and light trucks, as defined in this chapter; (4) Firewood, compost, or residential lawn and garden tools. Secs. 106-774—106-788. Reserved. DIVISION 4. FENCING AND LANDSCAPING REQUIREMENTS Sec. 106-789. Fence materials. Allowable fence material shall include wood pickets, chain link, masonry, and wrought iron. Any other materials are subject to approval by the director of planning. Sec. 106-790. Subdivision perimeter fences. Subdivision perimeter fences shall be required in recorded subdivisions that exceed five acres. Such perimeter fences shall not exceed eight feet in height. Materials shall be limited to opaque wood fences with brick base and columns and solid brick fences when subdivision backs up to major thoroughfare. The director of planning may approve other material that meets the intent of this section. Sec. 106-791. Front yard areas. No fences, structures, grading, or barrier hedges shall be permitted within any front yard areas except in the case of residential large lots, or in the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, as provided in section 106-792 (Residential large lots and lots adjacent to Galveston Bay). Sec. 106-792. Residential large lots and lots adjacent to Galveston Bay. In the case of residential large lots, eight feet perimeter fences are permitted as an accessory use. In the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, four feet front yard fences are permitted parallel and adjacent to the side lot lines. However, such fences shall be permitted on the front lot line directly adjacent to Galveston Bay, and shall only be constituted of chain link. These exceptions do not permit structures, grading, or barrier hedges. Sec. 106-793. Fences in side and rear yards. Within side yards and rear yards, fences of not higher than eight feet including rot boards and walls 42 inches high or less shall be permitted. Sec. 106-794. Fences and trees on utility easements. Fences or trees placed upon utility easements are subject to removal at the owner's expense if required for the maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall not exceed ten feet in height. Sec. 106-795. Maintenance of fences. Both sides of the fence must be maintained in good condition by the owner of the fence and grass/ground cover adjoining the fence must be mowed and weeds removed on a regular basis. Subdivision perimeter fences or walls shall be maintained and repaired by the developer, owner, owner's agent, and/or homeowner association or the management company of a subdivision. Maintenance, repair or replacement of wood or masonry fence around manufactured housing parks is the sole responsibility of the owner, its agent, or the management company. Sec. 106-796. Barbed wire fences. Barbed wire fences shall not be permitted, used or constructed except in industrial districts or to control livestock as hereinafter provided. Sec. 106-797. Property line fences in commercial and industrial districts. Fences in commercial and industrial zones which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet above the ground, and such fence shall not be erected within the required landscaped portion of any yard of any commercial or industrial establishment. Sec. 106-798. Fencing and wall requirements for automotive wrecking, salvage yards, junk dealers, etc. (a) General requirement. Every automotive wrecking and salvage yard/junk dealer/scrap metal processor yard with the city shall be completely surrounded and enclosed by a solid fence or wall which is at least eight feet in height. (b) Construction, maintenance of fence or wall. Every fence or wall herein shall be constructed and maintained as follows: (1) All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link or any combination thereof; provided, however, that any one side of an automotive wrecking and salvage yard/junk yard/scrap metal processing yard shall be bounded by a fence or wall constructed of only one of the above materials. (2) Chain link fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through all links of the chain link fence. (3) All fences or walls shall extend downward to within three inches of the ground and shall test plum and square at all times. (4) All fences or walls shall be constructed in compliance with all applicable provisions of the building code of the city. (c) Use of wall, door or building as part of fence or wall. Any part of a fence or wall required by subsection (a) of this section may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on the premises, if such wall or door meets all construction requirements set forth in this section. (d) Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to permit reasonable access to said automotive wrecking and salvage yards/junk yards/scrap metal processing yards shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements for a fence or wall set forth in this section. Such gates shall be closed and securely locked at all times except during normal daytime business hours. Sec. 106-799. Construction, maintenance of electric fences. (a) Except as provided herein, it shall be unlawful for any person owning or controlling any property in the city to construct, maintain, or permit to remain on such property any fence charged with electricity, or to cause any fence to become charged with a current of electricity, to connect any such fence with a source of electricity or to permit any fence under the control of such person to be connected with a source of electricity. (b) The use of electric fences shall be allowed on the premises of any single family dwelling, without regard to the zoning district classification of the property, only for the purpose of erecting an enclosure to restrain the movement of dogs and/or livestock. All electric fence equipment so utilized shall be a UL approved product and installed and maintained in accordance with the manufacturer's instructions. The owner and/or controller of the premises shall be responsible for 1) obtaining a building permit prior to installation of the electric fence; 2) installing and maintaining signage that identifies the fence as an "electric fence", and 3) scheduling a city inspection to confirm the product is tested/approved and installed in accordance with manufacturer's instructions. (c) Permit fees shall be in accordance with appendix A of the Code of Ordinances. (d) In any prosecution under this section testimony that any fence was under the control of the defendant or situated on his premises and that any person received an electric shock by coming in contact with such fence shall be prima facie evidence that such defendant caused such fence to be charged with a current of electricity and caused and permitted such fence to be connected with a source of electricity. Sec. 106-800. Landscaping. (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 owner's 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 tree for every 30 linear feet of front 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 tree for every 20 linear feet of front property. Trees shall be planted within the planting strip in a boulevard type manner on center and uniform distance from the curb or pavement. c. Shrubs within the planting strip. When a parking 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 inch in height. d. Landscaping shall be in accordance with the visibility triangle requirements in sec. 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 Section 106-444(a) (Screening). (2) Types of plants 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 caliper 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 plants shall be no less than five 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 stops must be provided along perimeter frontage to ensure no overhang or damage to landscape area. (4) Irrigation. A irrigation system shall be provided to all landscaped areas subject to the following: a. On developments greater than one acre, a programmable automatic irrigation system with rain sensor devices shall be 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 UniversityÓs current table for this region. These plantings must be established through manual irrigation for a minimum of 6 weeks after planting. (d) Landscaping/screening for shipping container facilities. (1) The property owner or tenant shall provide a natural screening. This will be accomplished in one of three ways. a. Leave in place existing trees, vegetation, underbrush, etc. to provide a thorough, continuous and effective opaque visual screening of the shipping container development. b. Construct earthen berms with a combination of trees, shrubs, and ground cover that after three years will be at least 20 feet in height and creates a continuous visual screen. c. Develop a screening plan that would be approved by the city that includes a combination of trees, shrubs, and ground cover that after three years will be at least 20 feet in height and creates a continuous visual screen. (2) The property owner or tenant will provide screening along the frontage of the site and along the side yards for a distance of 50 feet. In the advent that the site is adjacent to a commercial or residential use, the screening shall be required for the entire length of the adjacent yard area. (3) All required screening shall be adjusted away from overhead power lines to allow for full maturity of the trees without unnecessary trimming or topping of the trees. (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). Sec. 106-801. Tree preservation. (a) It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction. The city encourages site planning which furthers the preservation of trees and natural areas by the following methods: To protect trees during construction; to facilitate site design and construction which contributes to the long term viability of existing trees; and to control premature removal of trees; require on-site replacement of trees that must be removed and require off-site replacement of trees that cannot be replaced on-site, either by direct planting or through a contribution to the tree fund established in section 106-803 (Tree fund) of this chapter. It is the further intent of this section to achieve the following objectives: (1) Protect healthy trees and preserve the natural, environmental, and aesthetic qualities of the city to the degree possible. (2) Protect and increase the value of residential and commercial properties within the city. (3) Discourage premature clear-cutting of property. (4) Maintain and enhance a positive image for the attraction of new developments to the city. (b) It shall be unlawful for any person to cause or permit the destruction of any healthy native tree within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and/or destroyed if the tree is obviously diseased or determined to be diseased by an arborist or in the opinion of the planning director or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-way. (c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only. Sec. 106-802. Tree replacement A tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction of any qualifying protected tree. In the event that it is necessary to remove a protected tree, as a condition of a building permit issuance, applicant shall be required to replace the tree(s) being removed with replacement trees as follows: (a) Number of replacement trees. Tree disposition conditions and tree permit authorizing removal of or damage to large trees or protected trees shall normally require replacement by one or more newly planted trees on the same subject site. If this is not feasible, the owner or developer must plant and maintain off-site replacement trees in reasonable proximity to the subject site. (b) Minimum size. Replacement trees must normally have a trunk caliper of at least two inches measured six inches from the ground. The enforcement officer may prescribe a proportionally smaller trunk caliper for certain species of trees, i.e. Crepe Myrtle. (c) Qualified trees. To be a "qualified tree", a tree must comply with the recommended tree list "native or protected" of the city. (d) Standard of review. The enforcement officer shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize undue burden resulting from this section. (e) Trees in street area. Before authorizing establishment or maintenance of tree or decorative landscaping, such as lighting or a watering system in a street area, the building official must be satisfied that Tex. Trans. Code, Chapter 316 has been complied with and also confirms there would be no violation of the provisions relating to visibility triangles and future overhead obstruction. A sufficient number and diameter of replacement trees shall be planted on the subject site in order to equal the total diameter inches, as determined above. If this is not feasible, the applicant may, upon approval by the director, plant and maintain off-site replacement trees in accordance with this section. Sec. 106-803. Tree fund. There is hereby established a tree fund, which shall be administered by the director of parks and recreation or his/her designee. All revenues, mitigation fees, and penalties received pursuant to this section, or for the enforcement thereof, and any donations or grant monies received to achieve the purpose of tree preservation or replacement, shall be deposited into the tree fund. Monies in the tree fund may be used to purchase trees required for replacement but may not be used in any manner that will profit the grantee. Tree replacement fee shall be calculated at the rate of $50.00 per caliper inch of tree otherwise required or shall be periodically adjusted as the market value of replacement trees warrants. The amount paid to the tree fund shall be applied at a maximum of $5,000 per acre (or fraction thereof) with a maximum total payment of $100,000 per development. The owner or developer of any lot or tract of land required to replace trees in accordance with this chapter may, as an alternative, and upon approval by the city, pay a prescribed fee/amount into the tree fund in accordance with the following conditions: (1) Residential and non-residential site plans/plats. Payment to the tree fund must be received by the city prior to the submission of the development site plan and/or final plat approval by the planning and zoning commission. (2) Building permits not requiring site plans/plats. Payment to the tree fund must be received by the city prior to the issuance of a building permit. Sec. 106-804. Protective fencing. (a) Fences required. Unless otherwise specified in the tree disposition conditions, each protected tree to be preserved must be fenced during development or pre-development activity. (b) Fence criteria. Unless the tree disposition conditions specify otherwise: (1) A six-foot or higher fence must surround each protected tree or group of trees, preventing people, machinery, trash, material, and other items from occupying the area within the protective fencing. (2) The fence must be constructed of durable, highly visible materials supported on poles firmly set in the ground. (3) The fence must be able to resist intrusions and impact likely to be encountered on a construction site. (4) The fence may incorporate existing fences or walls as well as temporary fencing. (5) Each fence must display a prominent warning sign. (c) Trash, storage prohibited. It shall be unlawful for any person to use the area within the protective fencing for trash disposal, storage, vehicle parking or any other use that could adversely affect tree roots. (d) If the developer chooses not to fence the tree, the amount paid to the tree fund is doubled the calculated cost to the tree fund for that tree if it is severely damaged. The cap does not apply to this amount. Secs. 106-805—106-830. Reserved. ARTICLE VI. OFF-STREET PARKING Sec. 106-831. Purpose. (a) The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures. (b) In parking lots comprised of 25 or more spaces, a maximum of eight percent of required parking spaces may be developed as landscape islands, subject to the requirements of section 106-800(c) (Landscaping). These islands shall count towards the total percentage of landscaping required in sections 106-333 (Table B, residential area requirements), 106-443 (Table B, commercial area requirements), and 106-522 (Table B, industrial area requirements). Sec. 106-832. Application of these regulations to all zoning districts; exception for Main Street overlay district. (a) The regulations and requirements set forth in this article shall apply to all off-street parking facilities in all of the zoning districts of the city, with the exception of the Main Street overlay district, which said parking regulations are as set forth below. (b) Main Street overlay district parking regulations. In the Main Street overlay district, parking is required for new buildings for employees only, with a minimum of two spaces being required. In said district applicable streets and/or alleys are allowed to count as the driving aisle or access to said parking spaces. For new buildings in the Main Street overlay district, no parking lots are allowed to be developed in front of said new buildings. Sec. 106-833. Site plan drawing. All applications for a building or a zoning permit in all zoning districts shall be accompanied by a certified site plan drawn to scale and dimensioned indicating the compliance with the requirements set forth in this article. Sec. 106-834. General provisions. (a) Floor area. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, minus 15 percent. (b) Reduction of existing off-street parking space or lot area. Off-street parking spaces and loading spaces or lot area existing upon the effective date of this chapter shall not be reduced in number or size unless said number or size exceeds the requirements set forth in this article for a similar new use. (c) Nonconforming structures. Should a nonconforming structure or use be damaged or destroyed by fire, it may be reestablished if elsewhere permitted in these zoning regulations, except that in doing so, all off-street parking or loading spaces shall meet the requirements of this chapter. (d) Change of use or occupancy of land. No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. (e) Change of use or occupancy of buildings. Any change of use of occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations. (f) Garage requirement. Every single-family dwelling unit hereafter erected shall be so located on the lot so that at least a two-car garage, either attached or detached, can be located and accessed on said lot. (g) Residential use. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial motor vehicles or equipment, pole trailers, semitrailers, shipping containers, trailers, trucks, or truck tractors. Boat or recreational vehicles, are not subjected to the restrictions imposed by this section. (h) Calculating space. (1) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space. (2) In stadiums, sport arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facilities shall be counted as one seat for the purpose of determining parking requirements. (3) Should a structure contain two or more types of use, each use shall be calculated separately for determining the total off-street parking space required. 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 nine feet wide and 18 feet in length, and each ADA/Texas Accessibility Standards (TAS) accessible parking space shall not be less than 14 feet wide and 20 feet in length, exclusive of access aisles, and each space shall be served adequately by access aisles (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. (2) All multifamily developments must include an area designated for accommodation of school buses and the loading and unloading of passengers. Wherever possible said pick up/drop off sites should be located such that the passengers can be protected from the elements. Such areas must comply with minimum standards necessary for the efficient ingress, egress, and maneuvering of school buses for the loading and unloading of passengers as set by the La Porte Independent School District. A copy of these standards can be obtained from the school district. (3) In the case of off-street parking facilities located within multifamily developments all non- adjacent garage structures divided by parking bays or access aisles shall be separated by no less than 28 feet. (4) Maneuvering aisle. A minimum of a 25-foot maneuvering aisle is required for 90-degree parking. A minimum of a 18-foot maneuvering aisle is required for 60- and 45-degree parking. (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. (e)δIĻğķźƓδƦğƩƉźƓŭƭƦğĭĻƭ͵Inthecaseofoffstreetparkingfacilitieslocatedwithinmultiple o familydevelopmentsexclusivelyserving"senior"ageindividuals,all90or"headin"parkingis prohibited. FIGURE 10-1 FIGURE 10-2 CURB AND DRIVEWAY CRITERIA, RESIDENTIAL DISTRICTS (R-1, R-2, R-3, LL, MH) Driveway Requirements Drive width 12 minimum to 25 maximum Curb return radius 2 to 5 3Ó minimum to 15Ó maximum Curb return cannot cross property line Distance from intersection 25 min.* Spacing between driveway 10 min. Distance from side lot line 3 min. Intersecting angle 90 Approach grade 5% max. For concrete drives only: a. Material Min. 4 thickness w/ 6×6-6/6 W.W.M. b. Expansion joint At property line c. Curb (if applicable) Curbs disappear at property line if no curb is present at existing street. Obstruction clearance Min. 3 from poles, hydrants, etc. * This distance shall be measured from the intersection of property lines common with street right-of-way lines. FIGURE 10-3 CURB AND DRIVEWAY CRITERIA COMMERCIAL AND INDUSTRIAL DISTRICTS (MU, MS, NC, GC, BI, LI, HI) Driveway Criteria Requirements Commercial Industrial Drive width 20 minimum to 35Ó maximum; when adjacent 30 minimum to 50Ó maximum roadway speed limit is 55 MPH or greater minimum 30Ó to maximum 45Ó Curb return 10 minimum to 25Ó maximum 10 minimum to 30Ó maximum radius Curb return cannot cross property line. Curb return cannot cross property line. Distance from 40 min.* 40 min.* intersection Spacing between 40 min. 40 min. driveways Number of 1/80; 2/150 1/80; 2/150 accesses % of property 40% 40% frontage Intersecting angle 90 90 Approach grade 5% max. 5% max. Expansion joint At prop. line At prop. line Curbs Curbs disappear at property line if no curb is Curbs disappear at property line present at existing street. if no curb is present at existing street. Obstruction 5 min. 5 min. clearance Distance from 10 min. 10 min. side lot line * The distance shall be measured from the intersection of property lines common with the street right-of-way lines. (e) Driveway approaches. Driveway approaches shall be a minimum two feet from the side property line in residential districts, and ten feet from the side property line in business or industrial districts, or R- 3 residential districts. (f) Surfacing. All areas for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Except in the case of single-family and two-family dwellings, driveways and stalls shall be surfaced with standard concrete, hot-mix asphalt, or chip seal (TxDOT Standard 316 surface treatment) in conformance with the public improvements criteria manual (PICM). (g) Striping. Except for single-family, two-family and townhouse dwellings, all parking stalls shall be marked with painted lines not less than four inches wide. (h) Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public right-of-way. Reference Section 106-310 (a) (i) Curbing. Except for single-family, two-family and townhouse dwellings, all open off-street parking shall have a curb barrier. When determined to be necessary to maintain landscaping structure and retain water runoff. (j) Required screening. Any screening required shall consist of the following: (1) A planting strip shall consist of evergreen groundcover, and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures or other use. Such planting strip shall not be less than six feet in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet of the required screen. (2) Standards: a. Width of planting strip: Four feet. b. Type of planting: Evergreen. c. Size of plants: Minimal height of four feet at time of planting. Must reach a height of six feet within two years. d. Planting density: Such that within two years of normal growth, a solid screen will be formed to a height of at least six feet above adjacent grade. (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 shall be screened from abutting uses. (4) Required screening will count toward the required percentage of landscaping. (k) Parking lot screening. A landscape buffer shall be maintained between all open, nonresidential off- street parking areas of five or more spaces abutting residential districts. Landscape buffers shall be a minimum of four feet in width. Plantings should consist of trees and low evergreen shrubs. Planting plans shall be approved by the director. Sec. 106-836. Maintenance. It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or building to maintain, in a neat and adequate manner, the parking spaces, access ways, striping, landscaping, and required fences. Sec. 106-837. Location. All accessory off-street parking facilities required by this chapter shall be located and restricted as follows: (1) Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of subsections 106-444(e) and (f) (Commercial use performance standards). (2) Except for single-family, two-family and townhouse dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. (3) There shall be no off-street parking within 15 feet of any street surface. (4) The boulevard portion of the street right-of-way shall not be used for parking. (5) Setback area. Required accessory off-street parking shall not be provided in front yard setbacks or in side yard setbacks in the case of a corner lot, in R-1 and R-2 districts. (6) In the case of single-family, two-family, and townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways or one open, surfaced space located on the side of a driveway, away from the principal use. Such extra space shall be surfaced with concrete or bituminous material, with the exception of those properties in the Large Lot District which may be unpaved. Sec. 106-838. Use of required area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, or storage of inoperable vehicles as regulated by the junk vehicle requirements in section 34-166 et seq. Sec. 106-839. Number of spaces required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. Such required parking shall include the required number of handicapped parking spaces as regulated by the /źƷǤ͸ƭCodeofOrdinances city building code, and the . 2012 2012 NAICS Title MINIMUM NUMBER OF NAICS REQUIRED Code PARKING SPACES (combination) 23 General Contractors 4 Minimum plus 1 per 1,000 s.f. 31-33 Manufacturing 10 Minimum plus 1 per Employee 42 Wholesale Trade 4 Minimum plus 3 per 1.000 s.f. offic 1 per 1.5 non-office employee 4411 Automobile Dealers 4 Minimum plus 1 per Employee 4412 Other Motor Vehicle Dealers 1 per 500 s.f. showroom area 4413 Automotive Parts, Accessories and Tire Stores 4 Minimum plus 4 per 1,000 s.f. retail area 442 Furniture and Home Furnishings Stores 4 Minimum plus 4 per 1,000 s.f. 443 Electronics and Appliance Stores retail area 444 Building Material and Garden Equipment and Supply Dealers 445 Food and Beverage Stores 446 Health and Personal Care Stores 44711 Gasoline Stations with Convenience Stores 4 Minimum plus 3 per 1,000 s.f. retail area 44719 Other Gasoline Stations 4 Minimum plus 2 per service stall 448 Clothing and Accessory Stores 5 per 1,000 s.f. (min 4) 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores 5 per 1,000 s.f. (min 4) 452 General Merchandise Stores 453 Miscellaneous Store Retailers 4541 Electronic Shopping and Mail-Order Houses 5 per 1,000 s.f. (min 4) 4542 Vending Machine Operators 4 Minimum plus 4543 Direct Selling Establishments 1 per 1.5 non-office employee 48-49 Transportation and Warehousing 4 Minimum plus 3 per 1,000 s.f./office 1 per non-office employee 51211 Motion Picture and Video Production 4 Minimum plus 3 per 1,000 s.f. 51212 Motion Picture and Video Distribution office 1 per non-office employee 512131 Motion Picture Theaters (except Drive-ins) 10 Minimum plus 1 per 4 Seats 512132 Drive-in Motion Picture Theaters 10 minimum plus 1 per employee 51219 Postproduction Services and Other Motion Picture and Video 4 Minimum plus 3 per 1,000 s.f. 5122 Industries office Sound Recording Industry 1 per non-office employee 52 Finance and Insurance 4 Minimum plus 1 per 400 s.f. 531 Real Estate 4 Minimum plus 1 per 300 s.f./office 53211 Passenger Car Leasing 4 Minimum plus 1 per employee 1 per 1000 sf/ office area 53212 Truck, Utility Trailer, and RV Rental and Leasing 4 Minimum plus 3 per 1,000 5322 Consumer Goods Rental s.f./office 5323 General Rental Centers 1 per non-office employee 5324 Commercial and Industrial Machinery and Equipment Rental and Leasing 54 Professional, Scientific, and Technical Services 4 Minimum plus 3 per 1,000 s.f./office 1 per non-office employee 55 Management of Companies and Enterprises 4 Minimum plus 3 per 1,000 s.f./office 1 per non-office employee 56 Administrative and Support, Waste Management, and Remediation 4 Minimum plus 3 per 1,000 Services (except 561450 Credit Agencies) s.f./office 1 per non-office employee 561450 Credit Agencies 4 Minimum plus 1 per 300 s.f. 611110 Public or Private Educational (except Senior High School) 1 per 20 Students 1 per Staff Member (10 Minimum) 611110 Senior High School 1 per 4 Students 1 per Staff Member (10 minimum) 6112 Junior Colleges 1 per 1.5 Students 1 per Staff 6113 Colleges, Universities and Professional Schools Member 6114 Business Schools and Computer and Management Training (10 minimum) 6115 Technical and Trade Schools 6116 Other Schools and Instruction 6117 Educational Support Services 1 per 4 Students 1 per Staff Member (10 minimum) 621 Ambulatory Health Care Service 4 Minimum plus 1 per 400 s.f. 622 Hospitals 4 Minimum plus 1 per 2 Beds 623 Nursing and Residential Care Facilities 4 Minimum plus 1 per 2 Beds 6241 Individual and Family Services 10 Minimum plus 1 per 300 s.f. 6242 Community Food and Housing, and Emergency and Other Relief Services 6243 Vocational Rehabilitation Services 6244 Child Day Care Facility 1 per 5 Children 1 per Staff Member (4 Minimum) 711 Performing Arts, Spectator Sports, and Related Industries 10 Minimum plus 1 per 4 seats in assembly area 712 Museums, Historical Sites, and Similar Institutions 10 Minimum plus 1 per 500 s.f. 713 Amusement, Gambling, and Recreation Industries 10 Minimum plus 1 per 500 s.f. 72111 Accommodations 4 Minimum plus 1 per Rental Room 72119 Bed and Breakfast Inns 2 Minimum plus 1 per each Rental Room 722 Food Services and Drinking Places 1 per 100 (10 minimum) 8111 Automotive Repair and Maintenance 4 Minimum plus 2 per service stall 8112 Electronic and Precision Equipment Repair and Maintenance 4 Minimum plus 2 per 1,000 s.f. of 8113 Commercial and Industrial Machinery and Equipment (except shop area Automotive and Electronic) Repair and Maintenance 8114 Personal and Household Goods Repair and Maintenance 812 Personal and Laundry Services 4 Minimum plus 4 per 1,000 s.f. retail space 8131 Religious Organizations 10 Minimum plus 1 per 4 seats in assembly hall 8132 Grantmaking and Giving Services 4 Minimum plus 1 per 300 s.f. 8133 Social Advocacy Organizations 8134 Civic and Social Organizations 10 Minimum plus 1 per 200 s.f. in excess of 2,000 s.f. 8139 Business, Professional, Labor, Political, and Similar Orgaizations 4 Minimum plus 1 per 300 s.f. 814110 Households, Private, Employing (Including single-family, attached 2 per Dwelling Unit or detached townhouses, duplexes, manufactured housing, patio homes, modular housing and up to four unit multifamily) 814110 Multifamily including condominiums 1 per Efficiency Unit 1.5 per 1 Bedroom 2 per 2 Bedroom 2.5 per 3 Bedroom Multifamily (Senior Only) including condominiums 1 per Efficiency Unit 1 per 1 Bedroom 1.5 per 2 Bedrooms 2 per 3 Bedrooms 1 Visitor per 10 Units 92 Public Administration 1 per 300 s.f. Footnotes: These numbers are the minimum required regardless of building or use size. Product inventory cannot utilize required parking per the provisions of this section. Parking requirements of this section must be accommodated on-site and may not include street parking, with the exception of uses in the Main Street District with Overlay and Mixed Use District. Sec. 106-840. Off-street loading berth requirements. (a) Purpose. The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public. By establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures. (b) Location. (1) All required loading berths shall be off-street and located on the same lots as the building or use to be served. (2) All loading berth curb cuts shall be located at minimum 50 feet from the intersection of two or more street rights-of-way. This distance shall be measured from the property lines common with the right-of-way lines. (3) No loading berth area shall be closer than 30 feet from a residential district unless within a structure. (4) Loading berths shall not occupy the front yard setback or side yard setback if adjacent to a street right-of-way. (5) Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic. (c) Surfacing. All loading berths and access ways shall be surfaced in conformance with the public improvements criteria manual to control the dust and drainage according to a plan submitted and subject to the approval of the planning director. (d) Accessory use, parking and storage. Any space allocated as a required loading berth or access drive so as to comply with the terms of these zoning regulations shall not be used for the storage of goods, or inoperable vehicles and shall not be included as part of the space necessary to meet the off-street parking area requirements. (e) Screening. Except in the case of multiple dwellings all loading areas shall be screened and landscaped from abutting and surrounding residential uses in compliance with the following: (1) A planting strip shall consist of evergreen groundcover, and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures or other use. Such planting strip shall not be less than six feet in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet of the required screen. (2) Standards: a. Width of planting strip: Four feet. b. Type of planting: Evergreen. c. Size of plants: Minimal height of four feet at time of planting. Must reach a height of six feet within two years. d. Planting density: Such that within two years of normal growth, a solid screen will be formed to a height of at least six feet above adjacent grade. (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. (f) Size. Unless otherwise specified in these zoning regulations the first loading berth shall be not less than 55 feet in length and additional berths required shall be not less than 30 feet in length and all loading berths shall be not less than ten feet in width and 14 feet in height, exclusive of aisle and maneuvering space. (g) Number of loading berths required. The number of required off-street loading berths shall be as follows: (1) Manufactured, fabrication, processing, warehousing, storing, retail sales, schools and hotels. For such a building 10,000 to 100,000 square feet of floor area, one loading berth 55 feet in length, and one additional berth for each additional 50,000 square feet or fraction thereof. (2) Auditorium, convention hall, exhibition hall, sports arena or stadium.Ten thousand to 100,000 square feet of floor area, one loading berth; for each additional 100,000 square feet of floor area or fraction thereof, one additional loading berth. (3) Public or semi-public recreational buildings, community centers, private and public educational institutions, religious institutions, hospital, clinics, professional and commercial offices. One off- street loading and service entrances shall be provided, sized to meet the needs of the facility. (4) Nursing homes and similar group housing serving in excess of 16 persons. One off-street loading space, sized to meet the needs of the facility. Secs. 106-841—106-870. Reserved. ARTICLE VII. SIGNS Sec. 106-871. General provisions. (a) All signs shall be erected, displayed and maintained in compliance with the requirements of this article and all other applicable state laws and city ordinances. If there is a conflict between the regulations of this article and a state law, city ordinance, or codes adopted by ordinance, the most restrictive standard applies and controls. All signs not expressly allowed by this chapter are prohibited. (b) No sign nor part of any sign may have lights which flash, move or rotate in such a manner as to be confused with traffic control signals or emergency vehicle signals, or in a manner that confuses, misleads or distracts traffic motorists. Beacons may not be placed on any sign or be made a part of any sign. Additionally, no sign that resembles an official traffic control sign, signal or device or that bears the words stop, go slowly, caution, danger, detour, or other wording for traffic control signs or devices may be used within the city. (c) All signs shall be properly and continuously maintained so as not to become a safety hazard or detract from the appearance of adjoining properties. (d) All areas immediately below and within a radius of 15 feet shall be properly maintained. This includes maintenance of all vegetation to the standards set forth in section 34-126 et seq. (e) With the exception of permitted temporary signs, no sign may be placed on or over a public right-of- way, whether used or unused, a utility easement, or on utility poles. (f) Placement of signs shall be in accordance with the visibility triangle requirements of section 106-311 (Visibility triangle). (g) Any sign in violation of any provisions of this chapter is subject to immediate removal by the city. Sec. 106-872. Portable signs. (a) Portable signs may be located in the high density residential (R-3), manufactured housing (MH), commercial recreation (CR), neighborhood commercial (NC), general commercial (GC), business industrial (BI), light industrial (LI), and heavy industrial (HI) zoning districts. (b) A portable sign may not stand on any premise for more than 30 consecutive days at a time or for more than 60 days in any calendar year without a period of at least 20 intervening days. (c) Lighted portable signs shall be constructed and installed in accordance with the requirements of the city's electrical code. Portable signs with red, yellow, amber, green, or blue lights or with lights that flash, blink, or vary in intensity are prohibited. (d) Portable signs must comply with the setback requirements that would apply to on-premises signs in the zoning district in which the portable sign is to be located. Portable signs may not be placed on public right-of-way and may not be placed in such a manner as to create a hazard to traffic. (e) A portable sign must be tied down or secured in a manner prescribed by the building official to ensure the safe installation of said sign. (f) A portable sign, during the required intervening periods, must be completely removed from public view. Removal of the lettering is not considered to be in compliance with this section. (g) All damaged portable signs must be removed within 48 hours of notification by the city until such sign has been repaired. (h) Portable signs shall be used for on-premises use only. (i) Nothing in this section shall apply to political advertising. (j) Portable signs are to be permitted through the building official of the city consistent with the provisions of this chapter. Permitted portable signs shall have securely affixed and plainly visible a sticker, in form prescribed by the city showing the date the permit was issued, and the date the permit is to expire. Portable signs shall also contain on both faces the date of expiration of the current permit. (k) Portable signs located on premises in violation of any of the provisions of this chapter, including the requirement that portable signs have attached a validly issued, current permit from the city are subject to immediate removal by the city. (l) Portable signs removed by the city in accordance with this article shall be safely and securely stored by the city. Portable signs removed and stored by the city may be redeemed by their owner upon the payment of a storage fee established by the city council and listed in appendix A. Signs not redeemed from storage may be sold by the city in accordance with laws regulating sale of abandoned property. (m) Nothing in this article shall be construed as a waiver by the city on the penal enforcement of this chapter. The remedies provided in this article shall be in addition to, and not cumulative of, other remedies the city might have as allowed in this chapter and state law. Sec. 106-873. Political signs. Temporary political signs placed for the duration of an election campaign shall not be subject to the requirements of this chapter except that: (1) No political sign shall be placed within a sight triangle or in a manner which will otherwise create a traffic hazard. (2) No political sign shall be placed on or over a public right-of-way, whether used or unused, a utility easement or on utility poles. (3) All portable signs used for political advertising shall be anchored in a manner which will prevent their being blown about by a strong wind. (4) All political signs shall be removed no later than ten days after the election for which they were placed. In the case of run-off elections, political signs may remain in place no longer than ten days following the run-off. Sec. 106-874. On-premises signs. (a) Freestanding on-premises signs. (1) General provisions. a. These regulations shall apply to freestanding signs only. b. Multiple reader panels mounted on a single base shall be considered to be a single sign. c. For the purposes of this section, a multitenant building shall be considered to be a single establishment and shall be restricted to freestanding advertising signage in accordance with the regulations governing such signs. d. Separate buildings located on a single piece of property may be considered to be separate business establishments with each building being eligible for freestanding advertising in accordance with these regulations. e. The number of on-premises freestanding nonadvertising signs intended to direct traffic and not exceeding six square feet in size shall not be limited by this section. f. On-premises real estate signs are allowed and shall be exempt from all other provisions of section 106-874 (On-premise signs). (2) R-1, R-2, R-3, LL and MH districts. a. One freestanding identification sign is permitted for townhouses, multifamily developments, group care facilities (not located within a residential neighborhood), subdivisions, education and religious facilities. b. For a bed and breakfast facility one sign not exceeding three square feet in area and nonilluminated shall be allowed. This sign may be either mounted on the building or located in a landscaped portion of the yard. c. For a home occupation facility one sign not exceeding two square feet in area and nonilluminated shall be allowed. This sign shall be mounted flat against the wall of the principal building. d. The size of the sign may not exceed 150 square feet. e. There are no minimum yard setbacks. f. The maximum height is 45 feet. (3) CR, NC, and GC districts. a. One freestanding advertising sign shall be permitted for each side of a commercial establishment which fronts on a developed right-of-way. b. The following size limitations apply: 1. Freestanding signs for single tenant buildings: 150 square feet. 2. Freestanding signs for single tenant buildings in a controlled access corridor: 300 square feet. 3. Freestanding signs for multitenant buildings: 350 square feet. c. The following minimum yard setbacks apply: 1. When not adjacent to residentially zoned property, there are no minimum setbacks. 2. When adjacent to residentially zoned property, there are minimum side and rear yard setbacks of five feet. d. The following height limitations apply: 1. Freestanding signs: 45 feet. e. Freestanding signs in a controlled access corridor: 65 feet. (4) MS district and overlay. a. Pre-existing, nonconforming signs listed at the following locations within the overlay and Main Street District existing as of the effective date of this ordinance are considered legal, grandfathered, and may continue as such in accordance with the specifications, regulations, and conditions of this ordinance. The city accepts no liability for any damages to any signs within public right-of-way or easement. The city also reserves the rights to enter into, maintain, and utilize all common use public utility easements and public rights- of-way to promote the health, safety, morals or general welfare of the community and the safe, orderly, and healthful development of the city. 1. 101 E. Main. 2. 201 E. Main. 3. 115 W. Main. 4. 208 W. Main. 5. 306 W. Main. 6. 521 W. Main. 7. 616 W. Main. 8. 718 W. Main. 9. 820 W. Main. th 10. *107 N. 8. 11. *105 Highway 146 S. 12. *117 Highway 146 S. 13. *120 Highway 146 N. b. Pre-existing, nonconforming signs listed in subsection (a) above are exempted from the terms, conditions, and effects of section 106-262 (Nonconforming structures). An inventory of such pre-existing signs will be required to document existing specifications, i.e. height, face, size, and other dimensional measurements. i. Pre-existing signs may be repaired, maintained, and/or replaced, but may not be enlarged. ii. All signs and sign support structures shall be maintained at all times in a state of good repair. The sign components shall be reasonably free of rust, painted if needed, and structurally sound. iii. *Controlled access corridor signs on properties within the Main Street District/Overlay that have frontage along State Highway 146 shall be maintained as per provisions of section 106-874(a)(3)a., b., and e (On-premise signs). In addition, signs on other th properties within Main Street District/Overlay between SH 146 and 8 Street shall be maintained as per provisions of section 106-874(a)(3)a., b., and d (On-premise signs). c. Any new on-premises freestanding signs, which shall only be permitted on those properties where a building is already existing and is setback from the front property line, shall be a ground sign that is a minimum height of 10 feet from the bottom of the sign and a maximum height of 14 feet and cannot exceed 24 square feet in area. (Note: In accordance with section 106-878(b)(2), sign not exceeding eight feet in height do not have to be engineered.) d. A city permit shall be required prior to any new signage. e. A city approved sign design may be eligible for city participation under the Main Street Incentive Reimbursement Grant Funds. (6) BI, LI, and HI districts. a. One freestanding advertising sign shall be permitted for each side of a commercial establishment which fronts a developed right-of-way. b. The following size limitations apply: 1. Freestanding signs for single tenant buildings: 150 square feet. 2. Freestanding signs for single tenant buildings in controlled access corridors: 300 square feet. 3. Freestanding signs for multi-tenant buildings: 350 square feet. c. The following minimum yard setbacks apply: 1. When not adjacent to residentially zoned property, there are no minimum setbacks. 2. When adjacent to residentially zoned property, there are minimum side and rear setbacks of five feet. d. The following height limitations apply: 1. Freestanding signs: 45 feet. 2. Freestanding signs in controlled access corridors: 65 feet. (b) Attached on-premises signs. (1) General provisions. a. One attached sign per building wall may be displayed for each occupant or use on the premises. b. These regulations do not apply to building addresses or supplemental signs for the purpose of identifying the apartment buildings or units. (2) R-1, R-2, R-3, LL and MH districts. a. The size of the sign may not exceed three square feet. b. No portion of the sign may have a luminous greater than 200 foot-candles and may not move, flash, rotate or change illumination. (3) CR, NC, GC, BI, LI, and HI districts. a. The cumulative size of the signs may not exceed 15 percent of the wall area. b. If located closer than 50 feet to an R-1, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or reflect light into adjacent residences. c. One attached canopy sign may be displayed. Such sign shall not exceed 30 percent of the canopy area. Such sign must be contained within the physical limits of the canopy and shall not extend above or below the canopy. (4) MS districts. a. Signage shall not exceed 1.5 square feet for every one-foot of façade width. b. If located closer than 50 feet to an R-1, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or reflect light into adjacent residences. c. Internal illumination and back lighted signs are not permitted. d. Window signage shall be limited to 20% coverage of the total glass area of the window. e. Exposed florescent lighting, internal illumination, and back lighted signs are not permitted. Neon and other tubular illumination may be utilized in a limited amount. (5) MU district. a. One sign is permitted not to exceed 32 square feet. b. No portion of the sign may have a luminous greater than 200 foot-candles and may not move, flash, rotate or change illumination. c. If located closer than 100 feet to an R-1, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or reflect light into adjacent residences. d. Exposed florescent lighting, neon and other tubular illumination, internal illumination, and back lighted signs are not permitted. Sec. 106-875. Off-premises signs. (a) Off-premises freestanding advertising signs may be erected in the BI, LI, and HI zoning districts. (b) Off-premises freestanding public service signs may be erected in the GC, BI, LI, and HI zoning districts. (c) Off-premises signs within the right-of-way may be attached to the face of the building and project into the West Main Street portion of Main Street Overlay as follows: (1) Maximum six-foot encroachment/projection into the right-of-way. (2) Maximum of one projection sign per business allowed. (3) Completed right-of-way license agreement with the city. (d) The following size limitations shall apply to all off-premises freestanding signs: (1) In controlled access corridors, the size limitations shall be set by the Texas Highway Beautification Act. (2) On all other streets, the maximum size shall be 300 square feet and may not have more than two sign faces. (e) An off-premises sign must be located at least 50 feet from an existing freestanding on-premises sign. (f) Off-premises signs, when illuminated, must be constructed with upward shielded directional illumination. (g) The following height limitations shall apply: (1) Off-premises public service signs: 18 feet. (2) Off-premises advertising signs: 45 feet. (h) All off-premises freestanding advertising signs shall be spaced in intervals of not less than 1,000 feet. Sec. 106-876. Subdivision marketing signs. (a) For the purpose of marketing a recorded subdivision, one on-premises freestanding sign of not more than 150 square feet for each road abutting the respective subdivision shall be permitted, provided that such sign shall not be placed within any required yard nor within 25 feet of any property line abutting a street or road right-of-way, and further provided that such sign shall not exceed 20 feet in height. (b) For the purpose of marketing a recorded subdivision, one off-premises sign of not more than 150 square feet may be permitted for each recorded subdivision in any zoning district. Such sign shall not be placed within 25 feet of any property line and shall not exceed 20 feet in height. The permit for such sign shall expire, unless renewed, two years after the date of issuance of such permit, and provided that each request for permit shall be accompanied by a license and permit fee posted by the respective sign hanger in the amount of $300.00 for the purpose of ensuring proper location, maintenance, and removal of the respective sign. (c) Must be in compliance with visibility triangle requirements specified in section 106-805 (Visibility triangles). Sec. 106-877. Temporary signs. (a) Subject to the provision of this section, temporary signs are prohibited except in the following instances: (1) Temporary signs shall be a maximum of 18 inches by 24 inches in size and constructed of all- weather corrugated plastic sheeting with a wooden stake or greater as support. (2) Temporary signs may only be placed between the hours of 5:00 p.m. on Friday and 7:00 p.m. on the following Sunday. (3) Temporary signs shall be free of balloons, banners, or streamers. (b) Location of temporary signs: (1) Temporary signs shall not be placed in a manner that will interfere with a site visibility triangle or otherwise create a traffic hazard as referenced in section 106-805 (Visibility triangles). (2) Temporary signs may not be located within five feet of the edge of any pavement. (3) Temporary signs may only be placed at the following locations within the city, with a maximum of two temporary signs permitted at any one time at any specified intersection: SH 146 at Fairmont (northeast, southwest and southeast corners) SH 146 at Wharton Weems (northeast and southeast corners) SH 146 at McCabe (northeast corner and feeder and southeast corner of northbound SH 146 and McCabe) SH 225 at Underwood (southwest corner of Underwood eastbound lane and southeast corner of Underwood eastbound lane of SH 225) SH 225 at Sens (northwest and northeast corners SH 225 and southwest corner of SH 225 on westbound feeder on Sens) Spencer at Sens (northwest and northeast corners SH 225 and southwest corner of SH 225 on westbound feeder on Sens) Spencer at Sens (northwest and southeast corners) Spencer at Valleybrook (southeast corner) Spencer at Driftwood (southeast corner) Spencer at Luella (southeast corner) Fairmont at Luella (northwest corner Luella, eastbound lane W. Fairmont) Fairmont at Driftwood (northwest corner westbound on Fairmont) S. Broadway at Fairmont (northwest and southwest corners) S. Broadway at Wharton Weems (northwest and southwest corners) N. "L" at Underwood (northeast and southeast corners) Bay Area Blvd. at Fairmont (northwest corner of Bay Area Blvd. and eastbound lane on W. Fairmont and southeast corner of Bay Area Blvd. eastbound lane on W. Fairmont) (c) Temporary sign permits: (1) No temporary sign may be erected within the city limits of the City of La Porte without a permit first having been obtained from the building official. (2) Application for temporary sign permits shall be made upon forms provided by the building official, and shall contain and be accompanied by information sufficient to identify the location of the proposed sign, consistent with the location criteria established in subsection (b)(2) above. (3) No person shall be issued a temporary sign permit under this section until such person has filed with the city secretary a bond or insurance policy, or both, in the amount of $200.00 per sign approved, in form approved by the city attorney, such bond or policy to be conditioned on the placement of temporary signs in accordance with the provisions of this article, the other ordinances of the City of La Porte, and further providing for the indemnification of the city for any and all damages or liability that may accrue to or against the city by reason of the placement, maintenance, alteration, repair or removal, or defects in any temporary sign erected by or under the direction of such applicant, and further providing for the indemnification of any person who shall, while on public property or public right-of-way of the City of La Porte, incur damages for which the person erecting any such temporary sign is legally liable by reason of his act or omission in regard to erection of such temporary signage. (4) No permit issued under this ordinance shall be transferable. (d) Number of temporary sign permits: No permittee for a temporary sign may obtain a permit for placement of more than two temporary signs at any one particular location specified in section 106- 877(b) (Temporary signs) above with a maximum of ten temporary signs per permittee, and a maximum of two temporary signs per permittee per location. (e) Further limitations on permit: No permittee may obtain permits for location of temporary signs for more than four consecutive weeks. Upon the expiration of four consecutive weeks of permits for a particular permittee, no permit shall be issued by the city for any temporary signs for 30 days following said four consecutive week period. (f) Revocation of permit: Upon learning of any violation of this article or the ordinances of the City of La Porte by any temporary sign permit holder, the building official shall give notice of said violation to the responsible permit holder. Two or more violations of this article, or other ordinances of the City of La Porte shall result in denial of future temporary sign permits to the responsible permittee by the City of La Porte. Sec. 106-878. Permits. (a) Any person desiring to erect or place a freestanding, attached or portable sign on any property shall first apply to the building official for a permit. With the exception of temporary sign permits as specified above, permits are not required for signs less than five square feet in area. Permits are not required for signs less than five square feet in area. (b) Any person applying to erect or place a freestanding sign on any property shall submit to the building official the following information: (1) A survey of the property which indicates the proposed sign location. (2) An engineered design for signs greater than eight feet in height. (3) A design of the sign and its support member for signs less than eight feet in height. (c) Permit fees shall be established by the city council and listed in appendix A. Sec. 106-879. Enforcement. Any violation of this article shall be subject to the penalties provided in section 106-6 (Penalties for violations). Secs. 106-880—106-889. Reserved. ARTICLE VIII. TELECOMMUNICATIONS TOWERS AND FACILITIES Sec. 106-890. Definitions. \[The following words, terms and phrases, as used in this article, shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise:\] Antenna support structure means any building or structure other than a tower which can be used for location of telecommunications facilities. Applicant means any person that applies for a tower development permit. Application means the process by which the owner of a parcel of land within the city submits a request to develop, construct, build, modify, or erect a tower upon such parcel of land. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the city concerning such a request. Engineer means any engineer licensed by the State of Texas. Owner means any person with fee title or a long-term (exceeding ten years) leasehold to any parcel of land within the city who desires to develop, or construct, build, modify, or erect a tower upon such parcel of land. Person is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. Site plan review committee means a committee composed of staff members of the city, responsible for reviewing and recommending plans submitted pursuant to this article, including individuals designated by the director of planning (usually being the chief building official and the city engineer), the fire marshal, and the director of public works. The building official is responsible for chairing meetings of the site plan review committee, and making reports of the results of said meetings. Duly designated representatives of the members of the site plan review committee may serve in the stead of the aforementioned members of the committee. Stealth means any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles, and trees. The term stealth does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs. Telecommunications facilities means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include: (1) Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or (2) Any satellite earth station antenna one meter or less in diameter, regardless of zoning category. Tower means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term tower shall not include amateur radio operators' equipment, as licensed by the FCC. Sec. 106-891. Purpose. The general purpose of this article is to regulate the placement, construction, and modification of towers, antennas, support structures and telecommunications facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this article are: (a) To regulate the location of towers and telecommunications facilities in the city; (b) To protect residential areas and land uses from potential adverse impact of towers and telecommunications facilities; (c) To minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques; (d) To promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers; (e) To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities; (f) To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; and (g) To ensure that towers and telecommunications facilities are compatible with surrounding land uses. Sec. 106-892. Development of towers. (a) A tower shall be a permitted use of land in zoning district H-1. No person shall build, erect, or construct a tower upon any parcel of land within a zoning district designated H-1 unless a development permit shall have been issued by the site plan review committee of the city. Application shall be made to the site plan review committee in the manner provided in this chapter. (b) A tower shall be a conditional use of land in zoning districts B-1 and L-1. No person shall build, erect, or construct a tower upon any parcel of land within any zoning district set forth above unless a development permit shall have been issued by the site plan review committee of the city and approval of the city planning and zoning commission is obtained. (c) Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of 150 feet. Towers may be permitted in excess of 150 feet in accordance with section 106-906 (Criteria for site plan development modifications). (d) No new tower shall be built, constructed, or erected in the city unless the tower is capable of supporting another person's operating telecommunications facilities comparable in weight, size, and surface area to the telecommunications facilities installed by the applicant on the tower within six months of the completion of the tower construction. (e) An application to develop a tower shall include: (1) The name, address, and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner shall be evidenced in the application. (2) The legal description, folio number, and address of the parcel of land upon which the tower is situated. (3) The names, addresses, and telephone numbers of all owners of other towers or usable antenna support structures within a one-half mile radius of the proposed new tower site, including city- owned property. (4) A description of the design plan proposed by the applicant in the city. Applicant must identify its utilization of the most recent technological design, including microcell design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the applicant's telecommunications services. (5) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the applicant's telecommunications facilities on city- owned towers or usable antenna support structures located within a one-half mile radius of the proposed tower site. (6) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install or collocate the applicants telecommunications facilities on towers or usable antenna support structures owned by other persons located within a one-half mile radius of the proposed tower site. (7) Written technical evidence from an engineer(s) that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or usable antenna support structures owned by other persons located within one-half mile radius of the proposed tower site. (8) A written statement from an engineer(s) that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties. (9) Written, technical evidence from an engineer(s) that the proposed structure meets the standards set forth in section 106-894 (Structural requirements), of this article. (10) Written, technical evidence from a qualified engineer(s) acceptable to the fire marshal and the building official that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals. (11) In order to assist city staff and the planning and zoning commission in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent roadways. (12) The act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the city to condition or deny on the basis of RIF impacts the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. In order to provide information to its citizens, the city shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards. (f) The site plan review committee may require an applicant to supplement any information that the committee considers inadequate or that the applicant has failed to supply. The committee may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection. Applications shall be reviewed by the city in a prompt manner and all decisions shall be supported in writing setting forth the reasons for approval or denial. Sec. 106-893. Setbacks. (a) All towers up to 100 feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of 100 feet in height shall be set back one additional foot per each foot of tower height in excess of 100 feet. (b) Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located. (c) Setback requirements may be modified, as provided in section 106-906(b)(1), (Criteria for site plan development modifications) when placement of a tower in a location which will reduce the visual impact can be accomplished. For example, adjacent to trees which may visually hide the tower. Sec. 106-894. Structural requirements. All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the building code, and any other standards outlined in this article. All towers in operation shall be fixed to land. Sec. 106-895. Separation of buffer requirements. For the purpose of this section, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. Tower separation distances from residentially zoned lands shall be measured from the base of a tower to the closest point of residentially zoned property. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied irrespective of city jurisdictional boundaries. (a) Towers shall be separated from all residentially zoned lands by a minimum of 200 feet or 200 percent of the height of the proposed tower, whichever is greater. (b) Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to this Code: (1) Monopole tower structures shall be separated from all other towers, whether monopole, self- supporting lattice, or guyed, by a minimum of 750 feet. (2) Self-supporting lattice or guyed tower structures shall be separated from all other self- supporting or guyed towers by a minimum of 1,500 feet. (3) Self-supporting lattice or guyed tower structures shall be separated from all monopole towers by a minimum of 750 feet. Sec. 106-896. Method of determining tower height. Measurement of tower height for the purpose of determining compliance with all requirements of this section shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower height shall be measured from grade. Sec. 106-897. Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is 300 percent of the height of the tower from the tower and when required by federal law, dual mode lighting shall be requested from the FAA. Sec. 106-898. Exterior finish. Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, as approved by the site plan review committee. Sec. 106-899. Landscaping. All landscaping on a parcel of land containing towers, antenna support structures, or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure, or telecommunications facilities are located. The city may require landscaping in excess of the requirements in the City Code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed and maintained on the outside of any fencing. Sec. 106-900. Access. A parcel of land upon which a tower is located must provide access to at least one paved vehicular parking space on-site. Sec. 106-901. Stealth design. All towers which must be approved as a conditional use shall be of stealth design. Sec. 106-902. Telecommunications facilities on antenna support structures. Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure at least 50 feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the zoning administrator, establish the following at the time plans are submitted for a building permit: (a) That the height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than 20 feet; (b) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the city. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof, but which do not protrude more than 18 inches from the side of such an antenna support structure. Sec. 106-903. Modification of towers. (a) A tower existing prior to the effective date of this article, which was in compliance with the city's zoning regulations immediately prior to the effective date of this article, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demolished and rebuilt without complying with any of the additional requirements of this section, except for sections 106-895 (Separation of buffer requirements) section 106-904 (Certification and inspections) and section 106-905 (Maintenance), provided: (1) The tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional telecommunications facilities comparable in weight, size, and surface area to the discrete operating telecommunications facilities of any person currently installed on the tower. (2) An application for a development permit is made to the site plan review committee which shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming. (3) The height of the modified or rebuilt tower and telecommunications facilities attached thereto do not exceed the maximum height allowed under this article. (b) Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days. This article shall not be interpreted to legalize any structure or use existing at the time this article is adopted which structure or use is in violation of the code prior to enactment of this article. Sec. 106-904. Certifications and inspections. (a) All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the building code and all other construction standards set forth by the city's Code and federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to section 106-892 (Development of towers) of this article and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this article and then every five years thereafter. For new lattice or guyed towers, such certification shall be submitted with an application pursuant to section 106-892 (Development of towers) of this article and every two years thereafter. For existing lattice or guyed towers, certification shall be submitted within 60 days of the effective date of this article and then every two years thereafter. The tower owner may be required by the city to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. (b) The city or its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the building code and all other construction standards provided by the City Code and federal and state law. (c) The city reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. All expenses related to such inspections by the city shall be borne by the tower owner. Sec. 106-905. Maintenance. (a) Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. (b) Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property. (c) All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person. (d) All maintenance or construction of towers, telecommunications facilities, or antenna support structures shall be performed by licensed maintenance and construction personnel. (e) All towers shall maintain compliance with current RF emission standards of the FCC. (f) In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued. Sec. 106-906. Criteria for site plan development modifications. (a) Notwithstanding the tower requirements provided in this article, a modification to the requirements may be approved by the planning and zoning commission as a conditional use in accordance with the following: (1) In addition to the requirement for a tower application, the application for modification shall include the following: a. A description of how the plan addresses any adverse impact that might occur as a result of approving the modification. b. A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the modification. c. A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties. d. For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contract and negotiate an agreement for collocation, and the result of such attempts. e. The site plan review committee may require the application to be reviewed by an independent engineer under contract to the city to determine whether the antenna study supports the basis for the modification requested. The cost of review by the city engineer shall be reimbursed to the city by the applicant. (2) The planning and zoning commission shall consider the application for modification based on the following criteria: a. That the tower as modified will be compatible with and not adversely impact the character and integrity of surrounding properties. b. Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification. c. In addition, the commission may include conditions on the site where the tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower and mitigate any adverse impacts which arise in connection with the approval of the modification. (b) In addition to the requirements of subparagraph (a) of this section, in the following cases, the applicant must also demonstrate, with written evidence, the following: (1) In the case of a requested modification to the setback requirement, section 106-893 (Setbacks), that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the person is to locate the tower at another site which is closer in proximity to a residentially zoned land. (2) In the case of a request for modification to the separation and buffer requirements from other towers of section 106-895 (Separation of buffer requirements) that the proposed site is zoned "industrial" or "heavy industrial" and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in section 106-895 (Separation of buffer requirements). (3) In the case of a request for modification of the separation and buffer requirements from residentially zoned land of section 106-895 (Separation of buffer requirements), if the person provides written technical evidence from an engineer(s) that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially zoned property. (4) In the case of a request for modification of the height limit for towers and telecommunications facilities or to the minimum height requirements for antenna support structures, that the modification is necessary to: a. Facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or b. To meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved. Sec. 106-907. Abandonment. (a) If any tower shall cease to be used for a period of 365 consecutive days, the city shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the city that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the city shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower. (b) To secure the obligation set forth in this section, the applicant \[and/or owner\] shall post a bond in an amount sufficient to secure the anticipated cost of removal of the abandoned tower, as determined by the city. ARTICLE IX. DESIGN GUIDELINES DIVISION 1. DESIGN GUIDELINES FOR GC, NC AND BI DISTRICTS Sec. 106-925. Purpose and intent. (a) Purpose. The purpose of this division is to establish minimum guidelines for the appearance of neighborhood commercial, general commercial, business industrial districts. (1) Buildings should directly contribute to the attractiveness, safety and function of the street and public areas. (2) Buildings should be constructed in a manner, and with materials, that are highly durable and will continue to endure and be attractive over a long time, especially adjacent to public and pedestrian areas. (3) It is intended by this Section, to encourage a variety of building and design solutions in response to the guidelines and regulations outlined herein. (b) Intent.It is the intent of these guidelines to promote high quality design in new development, thereby creating a sense of community identity. It is also intended to ensure commercial buildings are constructed in a manner that allows flexibility to accommodate a range successive uses. of uses over time in order to avoid the need to demolish and rebuild for Sec. 106-926. Scope and enforcement. (a) Scope. These provisions shall apply to all new development located in NC and GC districts adjacent to and along the following thoroughfares, roadways, and collector streets. All new developments and buildings located in BI districts adjacent to and along the following thoroughfares, roadways, and collector streets shall be applicable to Tier 3 only. (1) Tier 1. State Highway 146, except those properties zoned BI (2) Tier 2. Spencer Highway, Fairmont Parkway, and South Broadway Street (Old Highway 146), West Main Street (3) Tier 3. Barbours Cut Boulevard, North Broadway Street (Old Highway 146), Underwood Road, Bay Area Boulevard, Sens Road, Canada Road, East Main Street and Highway 225; including all properties zoned BI on said roads in this subsection as well as State Highway 146. (b) Enforcement. The provisions of this division shall be administered by the Director of Planning and Development or designee. (1) Existing buildings shall also conform to these requirements upon expansion of over one-third of an area of improvement/development. (2) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50 percent of the value (replacement cost by the certified appraisal) the structure shall conform to these above requirements. (3) The standards and criteria contained within this section are deemed to be minimum standards and shall apply to buildings constructed after the effective date of this ordinance. Buildings constructed after the effective date of this ordinance shall at all times comply with the provision of this division and the version of the building design guidelines in force at the time of the building permit application. Sec. 106-927. Review procedures. (a) The provisions of this section shall be reviewed as part of the requirements of Section 106-236 (Certified site plan required). (b) Any waivers to the provisions of this section require approval by the Planning and Zoning Commission. The Planning and Zoning Commission may approve a waiver request subject to the following findings: (1) The project as designed is consistent with the general spirit and intent of the City of La Porte's Comprehensive Plan. (2) The proposed building will result in an attractive contribution to the community. Sec. 106-928. Architectural design guidelines. (a) Building Form (Applicable to Tier 1 and 2) (1) All buildings shall be designed and constructed in tripartite architectureso that they have a distinct base, middle and top. Examples of Single Story Tri-Partite (b) Building Articulation (Applicable to Tier 1 and 2) (1) Primary facades clearly visible from a public street or along an active storefront shall meet the following minimum standards for articulation: Horizontal Articulation. a. No building wall shall extend for a distance equal to 3 times the wallÓs height without having an off set equal to 25% of the wallÓs height, and that new plane shall extend for a distance equal to at least 25% of the maximum length of the first plane. Vertical Articulation. b. No horizontal wall shall extend for a distance greater than 3 times the height of the wall without changing height by a minimum of 25% of the wallÓs height. BUILDING ARTICULATION EXAMPLES (c) Roofs (Applicable to Tier 1) (1) Where clearly visible from a public street or along active storefronts, any hip, gable or mansard roofs may only utilize the following materials: metal standing seam, slate, clay or concrete tile (barrel or Roman shape). Minimum 3 on 12 roof pitch required. (d) Architectural Design Elements (1) The following is a list of acceptable architectural design elements that must be included into the design of buildings as required in this section. a. Canopies, awnings, porticos with colonnade, or arcades b. Raised pilaster cornices (end columns at corner), or quoin corners c. Vertical elements (tower, cupola, lighthouse, turret, arches, etc) d. Windows and doors framed with smooth cobble, cast stone, limestone, or other decorative masonry headers and sills; or dormer windows e. Outdoor patios and/or courtyards (landscaped and furnished) f. Decorative ornamentation integrated into the building façade, such as corbels, medallions (nonsignage), functioning clocks, niches, wrought iron, balconettes, gargoyles, or horizontal and rhythm patterned brickwork; or other architectural features approved by the Director of Planning and Development or designee g. Any other architectural design element approved by the Director of Planning and Development or designee the (2) Applicable to Tier 1, all structures shall be designed to incorporate no less than four of architectural elements above. Buildings over 50,000 square feet must include a minimum of five of the referenced architectural elements in subsection d.1 above. the (3) Applicable to Tier 2, all structures shall be designed to incorporate no less than two of architectural elements above. Buildings over 50,000 square feet must include a minimum of three of the referenced architectural elements in subsection d.1 above. the (4) Applicable to Tier 3, all structures shall be designed to incorporate no less than one of architectural elements from the list in subsection above. d.1 Exterior Façade Materials (e) Allowed exterior materials are categorized into the following three groups, of which at (1) least two materials from different groups shall be used in all exterior facades in Tier 1, Tier 2, and Tier 3: Group A: Brick and stone a. Group B: Stucco, architectural concrete block with integrated color (split face b. CMU), factory primed cementitious fiberboard in the form of lap siding or board and batten, EIFS (above 14 feet from grade only), and painted, colored or stamped tilt-wall c. Group C: Metal, tile, wood (2) Prohibited exterior materials include cinder block, vinyl, plastic, aggregate peagravel finished surfaces, and pre-engineered metal building siding. (3) Primary façade treatments are applicable to Tier 1 buildings. The following shall apply to all exterior walls of buildings which are clearly visible from a public street or along an active storefront: shall be a. Primary Facades, excluding windows, doors, and other openings, constructed of at least 80% Group A materials and up to 20% Group B materials. However, accent materials from Group C may be allowed in limited application for architectural features as approved by the Director of Planning and Development or designee. Buildings over 50,000 b. square feet may use SplitFace CMU (architectural block) for up to 20% of the primary façade, in addition to the 20% of Group B materials. (4) Building color requirements are applicable to buildings in all tiers. The dominant color of all buildings shall be muted shades of color. Black and stark white shall not be used except as an accent color. There are no restrictions on accent colors which comprise less than 1.0% of the building face, except that florescent colors are prohibited. Sec. 106-929 - Sec. 106-934. Reserved. DIVISION 2. DESIGN GUIDELINES FOR MU DISTRICT Sec. 106-935. Purpose and intent. (a) Purpose. The purpose of this division is to establish minimum guidelines for the appearance of the mixed use district. (1) Buildings should directly contribute to the surrounding residential neighborhood and maintain a residential character. (2) Buildings should be constructed in a manner, and with materials, that are highly durable and will continue to endure and be attractive over a long time, especially adjacent to public and pedestrian areas. (b) Intent.It is the intent of these guidelines to promote high quality design in new commercial or mixed residential/commercial development, and ensuring those structures contribute to the bayfront identity of the neighborhood. It is also intended to ensure those buildings are scaled and constructed in a manner that complements the existing residential uses . in the immediate vicinity Sec. 106-936. Scope and enforcement. (a) Scope. These provisions shall apply to all new commercial and mixed residential/commercial uses. Single family residential is not required to comply with these requirements. (b) Enforcement. The provisions of this division shall be administered by the Director of Planning and Development or designee. (1) Existing buildings shall also conform to these requirement upon expansion of over one-third of an area of improvement/development. (2) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50 percent of the value (replacement cost by the certified appraisal) the structure shall conform to these requirements. (3) The standards and criteria contained within this section are deemed to be minimum standards and shall apply to buildings constructed after the effective date of this ordinance. Buildings constructed after the effective date of this ordinance shall at all times comply with the provision of this division and the version of the building design guidelines in force at the time of the building permit application. Sec. 106-937. Review procedures. (a) The provisions of this section shall be reviewed as part of the requirements of Section 106-236 (Certified site plan required). (b) Any waivers to the provisions of this section require approval by the Planning and Zoning Commission. The Planning and Zoning Commission may approve a waiver request subject to the following findings: (1) The project as designed is consistent with the general spirit and intent of the City of La Porte's Comprehensive Plan. (2) The proposed building will result in an attractive contribution to the community. Sec. 106-938. Architectural design guidelines. Exterior Façade Materials (a) At least two of the following materials shall be used on all exteriors: brick, stone, stucco, (1) architectural concrete block with integrated color (split-face CMU, factory primed cementitious fiberboard (in the form of lap siding or board and batten). (2) Prohibited exterior materials include cinder block, vinyl, wood, plastic, aggregate peagravel finished surfaces, and pre-engineered metal building siding. (b) Building color requirements. (1) The dominant color of all buildings shall be muted shades of color. Black and stark white shall not be used except as an accent color (2) There are no restrictions to accent colors which comprise of less than 6% of the structure. However, in no instance shall florescent colors be permitted. (3) Visible roof colors shall be a muted shade of cool gray, warm gray, brown or red. Sec. 106-939 - Sec. 106-944. Reserved. DIVISION 3. DESIGN GUIDELINES FOR MS and MSO DISTRICT Section 106-945. Purpose and intent. (a) Purpose: These guidelines are intended to aid downtown property owners in La Porte to protect and enhance the historic resources of the community. The standards describe design ideas for appropriate alterations and new construction, and also provide basic maintenance tips. (1) To protect, enhance and perpetuate landmarks and districts of historical, cultural, architectural or archeological importance that reflect distinctive and important elements of the unique historical heritage of La Porte. (2) Foster civic pride by recognizing accomplishments of the past. (3) Protect and enhance the attractiveness of the City to tourists and visitors and support and stimulate the economy. (4) Insure the harmonious, orderly and efficient growth and development in the Main Street District. (5) Promote the economic prosperity and welfare of property owners in the Main Street District. (6) Encourage the stabilization, restoration and improvement of property and property values in the district. (7) Maintain a generally harmonious outward appearance of both historic and modern structures, which are compatible and complimentary in scale, form, color, proportion, texture and material. (b) Intent: To capitalize on La PorteÓs urban design and architectural character, the following principles shall serve as a guide for future development in the Main Street District. In general, the buildings should have a pre-1930Ós appearance. Sec. 106-946. Scope and enforcement. (a) Scope. These provisions shall apply to all new commercial and mixed residential/commercial uses. Single family residential is subject to the provisions of Sec. 106- RedevelopmentPrinciplesforSingleFamilyDwellings) . XXX(f) ( (b) Enforcement. The provisions of this division shall be administered by the Director of Planning and Development or designee. (1) Existing buildings shall also conform to these requirement upon expansion of over one-third of an area of improvement/development. (2) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50 percent of the value (replacement cost by the certified appraisal) the structure shall conform to these requirements. (3) The standards and criteria contained within this section are deemed to be minimum standards and shall apply to buildings constructed after the effective date of this ordinance. Buildings constructed after the effective date of this ordinance shall at all times comply with the provision of this division and the version of the building design guidelines in force at the time of the building permit application. Sec. 106-947. Review procedures. (a) The provisions of this section shall be reviewed as part of the requirements of Section 106-236 (Certified site plan required). (b) Any waivers to the provisions of this section require approval by the Planning and Zoning Commission. The Planning and Zoning Commission may approve a waiver request subject to the following findings: (1) The project as designed is consistent with the general spirit and intent of the City of La Porte's Comprehensive Plan. (2) The proposed building will result in an attractive contribution to the community. Sec. 106-948. Architectural design guidelines. (a) Setbacks and Height (1) Building heights shall not exceed 3 stories. (2) Commercial buildings (in overlay) shall be built to the front property line and have the main entrance facing the primary street. Corner entrances are an acceptable alternative for corner buildings. (b) Massing (1) Long uninterrupted façade planes should not be constructed. Those façade planes should maintain the natural rhythm of the historic 25Ó-50Ó store fronts. A larger business may accomplish this visually by designing the exterior to resemble multiple storeftonts. (2) Building wall offsets (projections and recesses) and/or pilasters shall be used to break up the mass of a single building into distinct vertical bays. Variations in roofline, materials and color shall also be used to break up the massing. (3) All visible sides of a building shall have an articulated base and cap. The base shall align with either the kickplate or sill level of the first story. The cap shall be at the top of the building wall and may take the form of a cornice, or some other horizontal expression distinguished through design materials or colors. (c) Roof Forms (1) Flat or sloped roofs with parapet walls shall be used on commercial buildings. (2) Rooftop equipment, including HVAC units, shall be screened from view. (d) Façade Characteristics (1) Building facades shall emphasize clearly articulated main entrances using awnings, canopies, columns, pilasters and recessed entrances including side on corner lots. (2) Window and door openings shall have a vertical orientation and align vertically between floors. (3) Ground floors shall be 65-86% glazed. Upper floors shall be 35-65% glazed (4) Canopies shall be appropriate to a buildingÓs architectural style and shall not conceal significant architectural features. (e) Exterior Wall Materials (1) The primary material (minimum of 90%) shall be brick, stone, stucco, block, wood siding or synthetic wood (such as Hardiplank). (2) Sheet metal siding, plywood, and EIFS (Exterior Insulation Finishing System), synthetic stucco, and burglar bars shall not be used. (f) Redevelopment Principles for Single-Family Dwellings (1) Homes shall be no more than two stories in height. (2) Houses should be designed to incorporate characteristics in pre-1930Ós residential construction. Colors common during the time should be utilized. (3) The primary material (minimum of 90%) shall be brick, stone, stucco, block, wood siding or synthetic wood (such as Hardiplank). (4) Sheet metal siding, plywood, and EIFS (Exterior Insulation Finishing System), synthetic stucco, and burglar bars shall not be used. (5) Where original doors and/or windows were blocked or covered, those openings should be restored to their original appearance. (6) The use of aluminum window frames is prohibited.Ñ Section 2 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 4 . All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 5. 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 is 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 Chapter 551, Tx. Gov’t 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 6 . 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______ day of NOVEMBER, 2014. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor SubpartBLANDUSEREGULATIONS Chapter106ZONING Chapter 106 ZONING \[1\] ARTICLE I. - IN GENERAL ARTICLE II. - ADMINISTRATION ARTICLE III. - DISTRICTS ARTICLE IV. - PLANNED UNIT DEVELOPMENTS ARTICLE V. - SUPPLEMENTARY DISTRICT REGULATIONS ARTICLE VI. - OFF-STREET PARKING ARTICLE VII. - SIGNS ARTICLE VIII. - TELECOMMUNICATIONS TOWERS AND FACILITIES FOOTNOTE(S): 1 --- () --- Editor's note— Printed in this chapter are the zoning regulations of the city, Ordinance Number 1501 as amended and included in the pamphlet entitled "Zoning Ordinance 1501" which contains all amendments through Ordinance Number 1501-T. Applicable sections of the Code of Ordinances have been included in this chapter at the direction of the city as indicated in the history note following such sections. Amendments to the pamphlet are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the pamphlet. (Back) Charter reference— Authority of city commission relative to zoning, § 2.10c. (Back) Cross reference— Alcoholic beverages, ch. 6; regulation of places of business, § 10-76 et seq.; kennels and pet establishments, § 22-156 et seq.; secondhand metals dealers, junk dealer and scrap metal processors, § 22-351 et seq.; rates and charges for residential solid waste collection, § 58-106; taxicab terminals, § 78-159; mobile homes and mobile home parks, ch. 98; standards for a mobile home park, § 98-91 et seq. (Back) State Law reference— Zoning, V.T.C.A., Local Government Code § 211.001 et seq. (Back) LaPorte,Texas,CodeofOrdinancesPage1 SubpartBLANDUSEREGULATIONS Chapter106ZONING TABLE OF CONTENTS ARTICLEI.INGENERAL4 Sec.1061.Definitions.4 Sec.1062.Purpose.15 Sec.1063.Relationshiptocomprehensiveplan.15 Sec.1064.Conflictwithotherrequirements.15 Sec.1065.Minimumrequirements.15 Sec.1066.Penaltiesforviolations.16 ARTICLEII.ADMINISTRATION17 DIVISION1.GENERALLY18 DIVISION2.BOARDSANDCOMMISSIONS(SEC.6167;8689)19 DIVISION3.ENFORCEMENT(SEC.121124)28 DIVISION4.PERMITS(SEC.141149)30 DIVISION5.AMENDMENTS(SEC.171172)33 DIVISION6.SPECIALEXCEPTIONSANDVARIANCES(SEC.191199)35 EC.216218)40 DIVISION7.CONDITIONALUSEPERMITS(S DIVISION8.SITEPLAN(SEC.236240)42 DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES(SEC.261269)44 ARTICLEIII.DISTRICTS53 DIVISION1.GENERALLY(SEC.301311)54 DIVISION2.RESIDENTIALDISTRICTREGULATIONS(SEC.331334)73 DIVISION3.COMMERCIALDISTRICTREGULATIONS(SEC.441444)95 DIVISION4.INDUSTRIALDISTRICTREGULATIONS(SEC.521523)114 ARTICLEIV.PLANNEDUNITDEVELOPMENTS129 DIVISION1.GENERALLY130 DIVISION2.ADMINISTRATION131 DIVISION3.DISTRICTREGULATIONS134 DIVISION4.REQUIREMENTS137 ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS143 DIVISION1.GENERALLY144 DIVISION2.ACCESSORYBUILDINGS,USESANDEQUIPMENT(SEC.741752)145 DIVISION3.AREAREQUIREMENTS(SEC.771773)152 DIVISION4.FENCINGANDLANDSCAPINGREQUIREMENTS(SEC.789805)154 ARTICLEVI.OFFSTREETPARKING163 Sec.106831.Purpose.163 Sec.106832.Applicationoftheseregulationstoallzoningdistricts; exceptionforMainStreetoverlaydistrict.163 Sec.106833.Siteplandrawing.164 Sec.106834.Generalprovisions.164 Sec.106835.Designstandards(alsoseeFigures101,102and103).165 Sec.106836.Maintenance.170 Sec.106837.Location.170 Sec.106838.Useofrequiredarea.170 Sec.106839.Numberofspacesrequired.171 Sec.106840.Offstreetloadingrequirements.177 ARTICLEVII.SIGNS179 Sec.106871.Generalprovisions.179 Sec.106872.Portablesigns.180 Sec.106873.Politicalsigns.180 Sec.106874.Onpremisessigns.181 Sec.106875.Offpremisessigns.184 Sec.106876.Subdivisionmarketingsigns.185 LaPorte,Texas,CodeofOrdinancesPage2 SubpartBLANDUSEREGULATIONS Chapter106ZONING Sec.106877.Temporarysigns.186 Sec.106878.Permits.187 Sec.106879.Enforcement.188 ARTICLEVIII.TELECOMMUNICATIONSTOWERSANDFACILITIES189 ARTICLEIX.DESIGNGUIDELINES199 DIVISION1.DESIGNGUIDELINESFORNC,GCANDBIDISTRICTS199 DIVISION2.ΑDESIGNGUIDELINESFORMUDISTRICT203 DIVISION3.ΑDESIGNGUIDELINESFORMSANDMSODISTRICTS205 LaPorte,Texas,CodeofOrdinancesPage3 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL ARTICLE I. IN GENERAL Sec. 106-1. Definitions. Sec. 106-2. Purpose. Sec. 106-3. Relationship to comprehensive plan. Sec. 106-4. Conflict with other requirements. Sec. 106-5. Minimum requirements. Sec. 106-6. Penalties for violations. Secs. 106-7Ï106-30. Reserved. 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 (applicable to non-residential uses) 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 structure, use or building without required principal structure (applicable to large lot district residential uses). Toolhouses, barns, sheds, storage buildings and livestock, without a principal structure, shall be permissible use when located on tracts one acre in size or larger and situated within the large lot district. Structure/use shall be for the property owner's personal use only (commercial use is not allowed). Accessory use or building (applicable to residential uses). 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 16 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, multifamily. Artisan Shop means a micro-manufacturing facility designed for creation and retailing products. Artisan means a skilled worker who makes items that may be functional or strictly decorative, including but not limited to furniture, sculpture, clothing, jewelry, household items, tools, and handmade machines such as a watch. 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 (Bed and breakfast). 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. LaPorte,Texas,CodeofOrdinancesPage4 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL 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 articulation means the division of a building façade into distinct sections; the materials, patterns, textures, and colors that add visual interest to a building or façade. Building codes means all building regulations referred to in 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/her 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.) City Code of Ordinances for additional information. Business frontage means the linear measurement of the side of the building which contains the primary entrance of the building. Caliper means the diameter of the main stem or trunk of a tree measured at six inches above the ground. 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. LaPorte,Texas,CodeofOrdinancesPage5 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL 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 Local Govt. V.T.C.A., Property Code 81.001 et seq., and the building code adopted insection 82-31. CityÓs Code of Ordinances. 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 all buildings to be 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. Convenience store means a small store that is open long hours and that typically sells staple groceries, snacks, and sometimes gasoline and diesel. Corner 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 multi-family dwellings, but not including hotels, motels or lodging houses. LaPorte,Texas,CodeofOrdinancesPage6 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL 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 more than four families, 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. Façade, primary means that portion or portions of a wall of any permanent structure that is visible from any public right-of-way. Façade, secondary means that portion or portions of a wall of any permanent structure that is not considered the primary façade. Façade, tri-partite means a façade that consist of a base, middle, and capitol (or cornice). Family means any number of related persons or, not more than four unrelated persons living as a single housekeeping unit. Fence means a manmade 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. Fowl means any goose, chicken, peacock, guinea, duck, turkey, and/or other member of the bird family. 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. LaPorte,Texas,CodeofOrdinancesPage7 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL Grand opening means the formal offering by a new business of its goods, wares, merchandise, service, entertainment, or activity. Grazing livestock means domestic livestock (including but not limited to cattle, horses, sheep, goats, hogs etc.) that are intended to be pasture animals that can sustain themselves under normal circumstances in concentration defined herein in this chapter. 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 (Variance). 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. Heavy truck means any motor vehicle or towed vehicle with a gross vehicle weight rating (GVWR), Registered Gross Vehicle Weight (RGVW), or an actual weight, whichever is greater, of 26,001 lbs. or more or any combination of vehicles where the gross combined weight rating, total registered gross vehicle weight or the actual weight of the combination is 26,001 lbs. or more. High Frequency Truck Road means a road designated by the city intended to accommodate the heavy truck uses referenced in section 106-746 (Location of heavy truck uses). 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 (Home Occupation), 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.D.L.R. approved decal or insignia permanently affixed to each LaPorte,Texas,CodeofOrdinancesPage8 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL 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. Landscape buffers means use of landscaping to provide separation between dissimilar land uses. Width is based on the zoning of the development and abutting property and adjoining streets. 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. Loading Dock means a recessed bay in a building or facility where trucks are loaded and unloaded. They are commonly found on commercial and industrial buildings and warehouses in particular. Loading docks may be exterior, flush with the building envelope, or fully enclosed. They are part of a facility's service or utility infrastructure, typically providing direct access to staging areas, storage rooms, and freight elevator. 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 home site for a single-family home that is comprised of at least one acre (43,560 square feet). Minimum lot width shall be 90 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. LaPorte,Texas,CodeofOrdinancesPage9 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL 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 may or 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 and recreational vehicles. Manufactured housing subdivision means a subdivision designed and/or 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. Mixed use district means a zoning district intended to allow for residential and limited commercial uses or a mix of residential and commercial uses scaled in such a manner as to complement the immediate neighborhood. 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 development means the use of a lot for four or more than two dwelling units, within one or more structures. This includes an apartment complex. North American Industry Classification System (NAICS) divides the economy into twenty sectors Î brings together those activities that transform information into a commodity that is produced and distributed, and activities that provide the means for distributing those products, other than traditional wholesale-retail distribution channels. 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. Nonconforming Lot, Use, or Structure means the one which does not conform to the regulations of this chapter. 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. LaPorte,Texas,CodeofOrdinancesPage10 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL 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 non-motorized 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. Principal or Primary Building means a building or buildings in which the permitted and/or principal use of the lot on which such use is situated is conducted. 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 LaPorte,Texas,CodeofOrdinancesPage11 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL (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 livestock means domestic livestock (including but not limited to cattle, horses, sheep, goats, hogs etc.) that are intended to be housed in a barn or similar structure, requiring supplemental feed and care in order to be kept in concentration defined in this chapter. Recreational vehicle means a camp car, motor home, 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 purlin 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. Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center. Shall is always mandatory; may is always permissive. Shipping container means an article of transportation equipment or storage, whether or not carried on a chassis, that is strong enough to be suitable for repeated use and is designed to facilitate the transportation of goods by one or more means of transportation and includes but is not limited to intermodal shipping containers; but does not include a motor vehicle sealable shipping containers, designed for intermodal transportation, either with or without a permanent affixed chassis, and which may be used in intrastate, interstate and international commerce for the shipment of goods and merchandise, or for storage purposes. LaPorte,Texas,CodeofOrdinancesPage12 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL Shopping center or integrated development means a development consisting of two or more interrelated business establishments using common driveways and on-site parking facilities. 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. CityÓs Code of Ordinances for additional definitions. For the purpose of this chapter, a sign is a structure. Single-family residential development means a grouping of single-family dwelling units (attached or detached). This includes single-family residential subdivisions. 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 (Special Exceptions). 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. LaPorte,Texas,CodeofOrdinancesPage13 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL 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 stop means a commercial/industrial use of property on one site for the refueling, maintenance and/or servicing of large over the road vehicles carrying large loads and which may have service activities for such vehicles and their drivers including but not limited to dispensing of motor fuels and petroleum products directly into motor vehicles, restaurants or cafes, overnight accommodation, shower or laundry facilities, truck service and overnight truck parking, truck scales, and parking area in association with the above services. 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." Sight Visibility triangle means the triangularshaped area of clear visibility located at all intersections including private driveways. The area of the triangle shall be determined by engineering standards. A right angle triangle formed at an intersection by intersecting curb lines and the hypotenuse joining the curb lines. The horizontal plane of the triangle is formed by a motorist's view of oncoming traffic at the intersection of two or more public streets. The motorist's eye is assumed to be at a point fifteen (15) feet from the edge of the roadway. Traffic must be visible for a distance of ten (10) times the speed limit on either side of the vehicle parallel to the intersecting roadway. The vertical plane of the triangle is measured from 3 feet above the curb flow line to 10 feet above the curb flow line. 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. LaPorte,Texas,CodeofOrdinancesPage14 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL Zoning permit means a written instrument signed by the enforcing officer authorizing a use described in this chapter, in conformance with section 106-142 (Zoning Permits). Words or phrases not defined in this section shall have their ordinarily accepted meaning as the context may imply. (Ord. No. 1501-Z, § 5, 12-22-97; Ord. No. 1501-JJ, § 5, 10-14-02; Ord. No. 1501-T4, § 6(Exh. F), 10- 24-05; Ord. No. 1501-OOOO, § 7, 6-27-05; Ord. No. 2009-3178, § 1, 9-14-09; Ord. No. 3243, § 1, 4- 26-10; Ord. No. 3290, § 1, 10-11-10; Ord. No. 3453, § 1, 12-10-12) Cross reference— Definitions generally, § 1-2. Sec. 106-2. Purpose. The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals, and the general welfare of the city. They have been designed to lessen congestion in the streets, to secure safety from fire and panic and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and public facilities. They have been made to reasonable consideration, among other things, for the character of the district, its peculiar suitability for particular uses, and with a view of conserving the value of building and encouraging the most appropriate use of land throughout the city. Sec. 106-3. Relationship to comprehensive plan. It is the policy of the city that the enforcement, amendment, and administration of this chapter be accomplished with due consideration of the recommendations contained in the comprehensive plan as developed and amended from time to time by the planning and zoning commission and the city council of the city. The commission recognizes the comprehensive plan as the policy established by the city planning and zoning commission and the city council, respectively, to regulate land use and developments in accordance with the policies and purposes herein set forth. Sec. 106-4. Conflict with other requirements. It is not the intent of this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provision or other laws or ordinances, except as the same may be specifically repealed by the terms of this chapter, or with private restrictions placed upon property by covenant, deed easement, or other private agreement. Where the conditions imposed by any provisions of this chapter are either more or less restrictive than comparable conditions imposed by another ordinance, rule or regulation of the city or private agreement, the ordinance, rule or regulation which imposes the more restrictive condition, standard, or requirements shall prevail. Sec. 106-5. Minimum requirements. When interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements, for the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare. LaPorte,Texas,CodeofOrdinancesPage15 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEI.INGENERAL Sec. 106-6. Penalties for violations. (a) Any person, firm or corporation in violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not more than $2,000.00. Each day such violation continues shall constitute a separate offense. (b) In case any building or structure erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of the general law or the terms of this chapter, the city, in addition to imposing the penalty above provided, may institute any appropriate action or proceedings in court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, or to prevent the occupancy of such violation, or to prevent the occupancy of such building, structure or land, to prevent the illegal act, conduct, business or use, in or about such land; and the definition of any violation of the terms of this chapter as a misdemeanor, shall not preclude the city from revoking the civil remedies given it by law in such cases, including collection or reasonable attorney fees and court costs, but same shall be cumulative of and in addition to the penalties prescribed for such violation. Secs. 106-7—106-30. Reserved. LaPorte,Texas,CodeofOrdinancesPage16 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION \[2\] ARTICLE II. ADMINISTRATION DIVISION 1. - GENERALLY DIVISION 2. - BOARDS AND COMMISSIONS DIVISION 3. - ENFORCEMENT DIVISION 4. - PERMITS DIVISION 5. - AMENDMENTS DIVISION 6. - SPECIAL EXCEPTIONS AND VARIANCES DIVISION 7. - CONDITIONAL USE PERMITS DIVISION 8. - SITE PLAN DIVISION 9. - NONCONFORMING BUILDINGS, STRUCTURES AND USES FOOTNOTE(S): 2 --- () --- Cross reference— Administration, ch. 2. (Back) LaPorte,Texas,CodeofOrdinancesPage17 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION1.GENERALLY DIVISION 1. GENERALLY Secs. 106-31Ï106-45. Reserved. Secs. 106-31—106-45. Reserved. LaPorte,Texas,CodeofOrdinancesPage18 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION2.BOARDSANDCOMMISSIONS DIVISION 2. BOARDS AND COMMISSIONS Subdivision I. - Generally Subdivision II. - Planning and Zoning Commission Subdivision III. - Board of Adjustment LaPorte,Texas,CodeofOrdinancesPage19 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION2.BOARDSANDCOMMISSIONS SubdivisionI.Generally Subdivision I. Generally Secs. 106-46Ï106-60. Reserved. Secs. 106-46—106-60. Reserved. LaPorte,Texas,CodeofOrdinancesPage20 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION2.BOARDSANDCOMMISSIONS SubdivisionII.PlanningandZoningCommission \[3\] Subdivision II. Planning and Zoning Commission Sec. 106-61. City planning and zoning commission. Sec. 106-62. Membership and structure. Sec. 106-63. General proceedings. Sec. 106-64. General powers and duties. Sec. 106-65. Review of chapter. Sec. 106-66. Hearing. Sec. 106-67. Special conditional use procedures. Secs. 106-68Ï106-85. Reserved. Sec. 106-61. City planning and zoning commission. The city planning and zoning commission, created in accordance with Ordinance No. 681, dated June 17, 1963, of the City of La Porte, and authorized by the city Charter, Section 2.09(e)Ï(j) and 2.10(c), shall have the duties and responsibilities of the zoning commission provided for in V.T.C.A., Local Government Code § 211.007. Sec. 106-62. Membership and structure. (a) The city planning and zoning commission shall consist of nine members, to be appointed as follows: a member from each of the six council districts, a member for each of the two at-large positions (At- Large A and At-Large B), and a member for the mayoral seat, who shall be the chairman. All members are required to be resident citizens and qualified voters of the city. The term of the six members from the six council districts shall coincide with the term of office of the councilperson for the said district. The term of office for each at-large member shall coincide with the term of office of Councilperson At-Large A and Councilperson At-Large B, respectively. The term of office for the chairman shall coincide with the term of office of the mayor of the city. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. (b) Each district member who is appointed shall be a resident of the district from which he or she is appointed at the time of his appointment and continuously throughout his/her tenure in office. (c) The term of each member shall terminate on August 30 of the year in which the term expires, or when his/her successor has been appointed and qualified. (d) The planning and zoning commission shall elect a vice-chairman from its membership. (Code 1970, ££ 2-11Ï2-20; Ord. No. 1501-DDD, § 5, 10-8-03; Ord. No. 3306, § 1, 12-13-10) LaPorte,Texas,CodeofOrdinancesPage21 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION2.BOARDSANDCOMMISSIONS SubdivisionII.PlanningandZoningCommission Sec. 106-63. General proceedings. The city planning and zoning commission shall adopt rules, regulations and bylaws to govern its proceedings; provided that such rules shall not be inconsistent with this section or the laws of the state. All meetings of the city planning and zoning commission shall be open to the public. Five members of the city planning and zoning commission shall constitute a quorum for the transaction of business. (Ord. No. 3306, § 2, 12-13-10) Sec. 106-64. General powers and duties. The city planning and zoning commission shall have the following power and duties: (1) To cause studies to be made by city staff or other professionals which project plans for the improvement of the city, with a view toward its future development and extension, and to recommend to the city council all matters for the development and advancement of the city's facilities, layout and appearance, and to perform all duties imposed on the city planning and zoning commission by the statutes of the state. (2) To have plans and maps prepared by city staff or other professionals of the whole or any portion of the city and of land outside the city located within the extra territorial jurisdiction of the city, which, in the opinion of the city planning and zoning commission bears a relation to the planning of the city and to make changes in, additions to, and extensions of such plans or maps when it deems advisable. (3) To confer with and advise property owners pertaining to location and erection of structures in order to promote conformity to the overall city comprehensive plan. (4) To aid and assist the city council and city staff in the determination of sources of funds, and in the procuring of financial and other aid and assistance for the city from the state and federal governments and their agencies, for each and all of the purposes herein enumerated. (5) To assist all other municipal and governmental agencies, and especially the city council, in formulating and executing proper plans of municipal development. (6) To review and modify plans and recommend the location, plan, and extent of city alleyways, bridges, parkways, parks, playgrounds, airports, automobile parking places and other public properties, and of public utilities, including bus terminals, railroads, railroad depots, and terminals, whether publicly or privately owned, for water, lights, sanitation, sewage, sewage disposal, drainage, flood control, transportation, communication, marketing and shipping facilities, power and other purposes, and for the removal, relocation, widening, extension, narrowing, vacation, abandonment or change of use of any of the foregoing public places, works, buildings, facilities or utilities. (7) To select and recommend to the city council, based on reports from city staff, routes or streets, avenues, and thoroughfares, and particularly to investigate and recommend the opening, widening, or abandonment of streets, avenues, thoroughfares, and alleys or the changing thereof to conform with the city's system, present and future, of thoroughfares, streets, avenues, alleyways, park and parkways. (8) To investigate, consider and report to the city council upon the layout or platting of new subdivisions and developments of the city or of property situated within the extraterritorial LaPorte,Texas,CodeofOrdinancesPage22 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION2.BOARDSANDCOMMISSIONS SubdivisionII.PlanningandZoningCommission jurisdiction of the city and to approve all plans, plats, or replats of additions within the city limits, or with the extraterritorial jurisdiction of the city. (9) To recommend to the city council the approval or rejection of subdivisions or developments in accordance with the subdivision ordinances of the city. (10) To make rules, regulations and bylaws for its own government which shall conform as nearly as possible with those governing the city council, and such rules, regulations and bylaws shall be subject to approval by the city council. Such bylaws shall include, among other items, provisions for: a. Regular and special meetings open to the public; b. Records of its proceedings to be open for inspection by the public; c. Reports to the city council and to the public, from time to time and annually; and d. The holding of public hearings on its recommendations. (11) To recommend any change or modification to the city council which shall have the right to adopt by ordinance any recommended change. (Code 1970, § 2-22) Sec. 106-65. Review of chapter. The planning and zoning commission is to conduct a regular comprehensive review of this chapter, together with the development ordinance of the city, the first review being six months from the date of adoption of this chapter, the second 12 months from the date of adoption, and thereafter an annual th review by June 30 to determine whether the chapter has become deficient, obsolete, and inadequate for any reason including the following: (1) Defects in the original text. (2) Defects in the zoning map. (3) Deficiencies created by improper or lax administration and subsequent amendments to the original ordinance which are inconsistent, conflicting or ambiguous. (4) Inconsistency with state statutes or judicial decisions. Sec. 106-66. Hearing. (a) The planning and zoning commission is to hear requests for proposed changes in classification filed by any interested party when such request is made in writing and accompanied by a filing fee. (b) All hearings on requests for amendments, changes in classification and review as set out in subsection (a) of this section shall be public hearings and shall conform to the notice requirements of V.T.C.A., Local Government Code § 211.007 and shall be conducted within 30 days after receipt of the request. LaPorte,Texas,CodeofOrdinancesPage23 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION2.BOARDSANDCOMMISSIONS SubdivisionII.PlanningandZoningCommission Sec. 106-67. Special conditional use procedures. (a) Any use requiring a special conditional use permit as established in this chapter shall be reviewed by the city planning and zoning commission. (b) The city planning and zoning commission shall: (1) Hear requests for proposed special conditional uses filed by any interested party when such request is made in writing, conforming to the requirements of division 6 of this article, and accompanied by a filing fee. (2) All hearings on such requests shall conform to the public hearing procedures established for amendments under section 106-171 (Amendment Procedures) and in conformance with V.T.C.A., Local Government Code § 211.007, and shall be conducted within 30 days after receipt of the request. Secs. 106-68—106-85. Reserved. FOOTNOTE(S): 3 --- () --- Charter reference— Appointment of planning commission, duties, § 2.09; zoning commission, § 2.10. (Back) State Law reference— City zoning commission generally, V.T.C.A., Local Government Code §§ 211.007, 371.042 et seq. (Back) LaPorte,Texas,CodeofOrdinancesPage24 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION2.BOARDSANDCOMMISSIONS SubdivisionIII.BoardofAdjustment \[4\] Subdivision III. Board of Adjustment Sec. 106-86. Organization. Sec. 106-87. Rules and meetings. Sec. 106-88. Powers and duties. Sec. 106-89. Appeals to board of adjustment. Secs. 106-90Ï106-120. Reserved. Sec. 106-86. Organization. There is hereby created a board of adjustment consisting of five regular members and two alternates (alternate position 1 and alternate position 2) who are citizens of the city and who are not members of the city council or the city planning and zoning commission, each to be appointed by the city council for a term of three two years and removable for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. All cases to be heard by the zoning board of adjustment shall be heard by a minimum of four members. The two alternate members are required to attend all meetings in the same manner as the regular members of the board. Alternate members shall not vote unless filling an absence of a regular member or the chairman. If a regular member or the chairman is absent from a meeting, alternate position 1 shall take his place. If a second regular member and/or the chairman is absent from a meeting, alternate position 2 shall take his place. (Ord. No. 1501-DDD, § 6, 10-8-03) Sec. 106-87. Rules and meetings. The board of adjustment shall adopt rules of procedure in accordance with the provisions of this chapter. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as at least four members of the board of adjustment may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city secretary and shall be a public record. Sec. 106-88. Powers and duties. The board of adjustment shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the enforcement officer in the enforcement of this chapter. LaPorte,Texas,CodeofOrdinancesPage25 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION2.BOARDSANDCOMMISSIONS SubdivisionIII.BoardofAdjustment (2) To hear and decide special exceptions to the terms of this chapter upon which it is required to pass under section 106-191 (Special Exceptions). (3) To authorize upon appeal in specific cases such variance as defined in section 106-192 (Variance) from the terms of the chapter, as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed. Sec. 106-89. Appeals to board of adjustment. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department or board, of the city affected by any decision of the enforcement officer. Such appeal shall be taken within 30 days as provided by the rules of procedure of the board of adjustment, by filing with the enforcement officer from whom the appeal is taken specifying the grounds thereof. The enforcement officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken. (1) When appeals stay all proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the enforcement officer from whom the appeal is taken certifies to the board of adjustment after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice of the enforcement officer from whom the appeal is taken and on due cause shown. (2) Time for and notice of hearing of appeal. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney. (3) Action on appeal. In exercising the powers set forth in section 106-88 (Powers and Duties), the board of adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. The board must find the following in order to grant an appeal: a. That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interruption of the enforcement officer is a reasonable presumption and the zoning ordinance is unreasonable. b. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. c. The decision of the board must be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws and the comprehensive plan of the city. Secs. 106-90—106-120. Reserved. LaPorte,Texas,CodeofOrdinancesPage26 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION2.BOARDSANDCOMMISSIONS SubdivisionIII.BoardofAdjustment FOOTNOTE(S): 4 --- () --- Charter reference— Zoning board of adjustment, § 2.10. (Back) State Law reference— Board of adjustment, V.T.C.A., Local Government Code § 211.008 et seq. (Back) LaPorte,Texas,CodeofOrdinancesPage27 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION3.ENFORCEMENT DIVISION 3. ENFORCEMENT Sec. 106-121. Completion under prior regulations. Sec. 106-122. Completion under chapter. Sec. 106-123. Enforcement officer. Sec. 106-124. Powers and duties of the enforcement officer. Secs. 106-125Ï106-140. Reserved. Sec. 106-121. Completion under prior regulations. Nothing herein shall require any change in the plans, construction or designated use of a building for which a legal building permit has been issued prior to adoption, provided such construction shall have been started within six months following the date of issuance of such permit and work thereon is diligently prosecuted to completion. Sec. 106-122. Completion under chapter. (a) If the work described in any building permit which complies with this chapter has not begun within six months from the date of issuance thereof, said permit shall expire; it shall be cancelled by the enforcing officer, and written notice thereof shall be given to the persons affected. (b) If the work described in any building permit issued under the provisions of this chapter has not been commenced within six months, or if construction or work is suspended or abandoned for a period of six months at any time after work is commenced, said permits shall expire and be cancelled by the enforcing officer. Written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. Sec. 106-123. Enforcement officer. (a) Except as otherwise provided in this chapter, the designated enforcement officer for the city shall administer and enforce this chapter, the inspection of premises as defined by this chapter and as specified in section 106-142 (Zoning Permits), and the issuing of situations for violations. (b) No zoning permit shall be issued by the enforcement officer unless the provisions of this chapter have been complied with. (c) No person shall erect or construct or proceed with the erection or construction of any building or structure nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure or cause the same to be done in any zoned district within the city without first applying for and obtaining a building permit therefor from the chief building official. (d) All applications for such permits shall be in accordance with the requirements of this chapter, the development ordinance of the city, and the building code of the city, except upon written order of the board of adjustment, no such building permit or zoning permit shall be issued for any building where LaPorte,Texas,CodeofOrdinancesPage28 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION3.ENFORCEMENT such construction, addition, alteration or use thereof would be in violation of the provisions of this chapter. Sec. 106-124. Powers and duties of the enforcement officer. (a) The enforcement officer shall order work stopped on any building or structure being constructed in violation of this chapter and shall have revoked the building permit theretofore issued by notice in writing served on any person owning such property or their agent or any employee, or any officer of any corporation or on any person engaged in the doing or causing of such work to be done, and any such person shall forthwith stop and cause to be stopped such work until authorized by the enforcement officer to recommence and proceed with the work or upon issuance of a building permit shall be posted on work being done in violation of this chapter. (b) Whenever any building or portion thereof is being used or occupied contrary to the provisions of this chapter, the enforcement officer shall order such use or occupancy to be discontinued, and such person shall vacate such building or portion thereof within ten days after receipt of such notice or make the building or portion thereof comply with the requirements of this chapter. Any violation of this provision is subject to a daily penalty as specified in section 106-6 (Penalties for Violations). Secs. 106-125—106-140. Reserved. LaPorte,Texas,CodeofOrdinancesPage29 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION4.PERMITS DIVISION 4. PERMITS Sec. 106-141. Building permit application. Sec. 106-142. Zoning permits. Sec. 106-143. Application for zoning permit. Sec. 106-144. Zoning permit to establish new use or change of use of property. Sec. 106-145. Zoning permit and building permit. Sec. 106-146. Zoning permit for nonconforming uses, lots and structures. Sec. 106-147. Certificate of existing conforming uses. Sec. 106-148. Utility connections; prior zoning permit approval required. Sec. 106-149. Application fees. Secs. 106-150Ï106-170. Reserved. Sec. 106-141. Building permit application. Every application for a building permit shall be accompanied by a certified site plan when required and in accordance compliance with Article II, Division 8 (Site Plans). 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 (Application for zoning permit). 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. LaPorte,Texas,CodeofOrdinancesPage30 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION4.PERMITS 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. (a) Each entity seeking to construct a multi-family development is required to execute and file with the city a performance and/or payment bond, or alternatively, an irrevocable letter of credit, or alternatively, any other method approved by the Planning and Zoning Commission, in the following amounts: (1) For developments of less than 100 units, $500,000. LaPorte,Texas,CodeofOrdinancesPage31 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION4.PERMITS (2) For developments of 100 units or more, $1,000,000. (b) The execution of a bond, letter of credit or other approved financial guarantee payable to the City of La Porte shall serve as a guarantee of proper compliance with applicable maintenance and regulatory standards established under this Code or other applicable law; the security afforded to the City by the filing of a bond, or letter of credit, or other approved financial guarantee shall include, but not be limited to, necessary expenses incurred as part of demolition of buildings that have fallen into disrepair, and other remedial measures as may be necessary to maintain the health, safety and welfare of the tenants and the integrity of the surrounding neighborhood applicable building standards. (c) Each bond, or irrevocable letter of credit or other approved financial guarantee shall be renewable every five years, with evidence of renewal to be furnished to the city, throughout the life of the structure/s. (d) Failure of the owner of a multi-family development to obtain and keep current the bond, or letter of credit or other approved financial guarantee shall be cause for revocation of the ownerÓs certificate of occupancy and/or zoning permit. (e) Each entity seeking to construct a multi-family development is also required to purchase and file with the city proof of insurance for comprehensive general liability policy naming the City of La Porte as an additional named insured in the amount of $1,000,000.00 for the life of the structures of the apartment complex and/or the apartment complex itself. Secs. 106-151150—106-170. Reserved. LaPorte,Texas,CodeofOrdinancesPage32 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION5.AMENDMENTS DIVISION 5. AMENDMENTS Sec. 106-171. Amendment procedures. Secs. 106-172Ï106-190. Reserved. Sec. 106-171. Amendment procedures. The city council may from time to time, on its own motion, the motion of the planning and zoning commission, or on petition, amend, supplement, change, modify or repeal the regulations, restrictions, and boundaries herein established. (1) Public hearing before the city planning and zoning commission. Before taking any action on any proposed amendment, supplement, change, or modification, the city council shall submit the same to the city planning and zoning commission which shall make a preliminary report and hold a public hearing thereon before submitting its final report to the city council. (2) Notice of public hearing before city planning and zoning commission. a. Written notice of all public hearings before the city planning and zoning commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed as well as the La Porte Independent School District, such notice to be given not less than ten days before the date set for hearing, to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. At least 15 days notice of the time and place of such hearing shall be published once in a newspaper of general circulation in the city. b. Requirements for public notice by sign posting: 1. Public notice for procedures requiring public notice by sign posting shall be provided by the city at least 15 days before the public hearing. 2. The applicant shall place public notice sign on the property within 20 feet of the abutting street. 3. The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right-of-way abutting the property. 4. Public notice sign shall include the date, time, place, and purpose of public hearing. 5. The applicant must return the sign to the city within ten days after the appeal period for the public hearing has ended. 6. The erection of this sign shall not require a permit from the city. (3) Publication of notice. In the event a public hearing shall be held by the city planning and zoning commission in regard to a change of this chapter not involving particular property but involving a change in the chapter generally, notice of such hearing shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication. LaPorte,Texas,CodeofOrdinancesPage33 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION5.AMENDMENTS (4) Submission of findings and recommendations to city council. The city planning and zoning commission shall forward its written findings of fact and recommendations to city council within 15 days of the close of the hearings. (5) Public hearing before city council. a. Upon receipt of the written recommendations from the planning and zoning commission, a public hearing shall be held by the city council before adopting any proposed amendment, supplement, change, modification or repeal of the regulations, restrictions, and boundaries herein established. b. Notice of such hearing shall be given by publication once in a newspaper of general circulation on the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication. (6) Council actions. The city council shall act upon such motion or petition within 30 days from the date the final report of the city planning and zoning commission was submitted to the city council. (7) Protests. a. In case of a protest against any such amendment, supplement, change, or repeal of the regulations, restrictions, and boundaries herein established, a written protest filed with the enforcement officer and signed by the owners of 20 percent or more of either: 1. The area of lots or land covered by the proposed change; or 2. The area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. Such amendment, supplement, change, modification, or repeal shall not become effective except by the favorable vote of three-fourths of all the members of the city council. 3. Streets and alleys shall be included when computing the area of land from which a protest may be filed. (8) Vote to overrule. The affirmative vote of at least three-fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied. (Ord. No. 1501-05, § 6(Exh. F), 3-19-07) Secs. 106-172—106-190. Reserved. LaPorte,Texas,CodeofOrdinancesPage34 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION6.SPECIALEXCEPTIONSANDVARIANCES \[5\] DIVISION 6. SPECIAL EXCEPTIONS AND VARIANCES Sec. 106-191. Special exceptions. Sec. 106-192. Variance. Sec. 106-193. Additional conditions. Sec. 106-194. Notice of public hearings before the board of adjustment. Sec. 106-195. Vote necessary for decision of board of adjustment. Sec. 106-196. Appeals from the board of adjustment. Sec. 106-197. Revocation or modification. Sec. 106-198. Reapplication. Sec. 106-199. Validity. Secs. 106-200Ï106-215. Reserved. Sec. 106-191. Special exceptions. (a) Application for special exceptions. All applications for special exception to the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefor. Each such application shall be filed, along with the appropriate fees, with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Special exceptions to be reviewed; finding of facts. The term "special exception" shall mean a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest: (1) To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (2) To deviate yard requirements in the following circumstances: a. Any exception from the front yard requirements where the actual front yard setback of any abutting lot does not meet the front yard requirement. b. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. c. A yard exception on corner lots. d. An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for buildings hereafter constructed or extended, be the required minimum front yard depth. LaPorte,Texas,CodeofOrdinancesPage35 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION6.SPECIALEXCEPTIONSANDVARIANCES (3) To waive or reduce off-street parking and loading requirements when the board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. (4) To deviate from the minimum lot size or width requirements for property within the large lot district, where the board finds that all of the following conditions are shown: a. That one or more lots located in the same block as the subject property are not uniform in terms of shape and/or size so that any further subdivision of the subject property cannot be in accordance with the regulations governing the district; b. It can be demonstrated that the subdivision will not circumvent the spirit of the district regulations, or particularly, the rural character of the district; and, c. Granting the special exception will not be injurious to the value or enjoyment of adjacent properties within the district. (c) Hearings on applications for special exceptions. The board of adjustment shall fix a reasonable time for the hearing of all applications for special exceptions, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time as specified in section 106-194 (Notice of public hearings before the board of adjustments). Upon the hearing any party may appear in person or by agent or by attorney. (Ord. No. 1501-T4, § 6(Exh. F), 10-24-05) Sec. 106-192. Variance. (a) Application for variances. All applications for a variance from the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds thereof. Each such application shall be filed with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Findings of fact/definition of hardship. (1) The term "variance" shall mean a deviation from the literal provisions of this chapter which is granted by the board when strict conformity to this chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. (2) Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement of this chapter when the board finds that all of the following conditions have been met: a. That the granting of the variance will not be contrary to the public interest; b. That literal enforcement of this chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and c. That by granting the variance, the spirit of this chapter will be observed. (3) The applicant shall have the burden of proving to the board that the foregoing conditions have been met. LaPorte,Texas,CodeofOrdinancesPage36 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION6.SPECIALEXCEPTIONSANDVARIANCES (c) Use variance prohibited. No variance shall be granted to permit a use in a zoning district in which that use is prohibited. (d) Hearings on applications for variances. The board of adjustment shall fix a reasonable time for the hearing of all applications for variances, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time, as specified in section 106-194 (Notice of public hearings before the board of adjustments). Upon the hearing any party may appear in person or by agent or by attorney. Sec. 106-193. Additional conditions. The board is empowered to impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare. Sec. 106-194. Notice of public hearings before the board of adjustment. (a) The notice of public hearings provided for in this section shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearings, which shall not be earlier than ten days from the date of such publication, and in addition thereto, the board of adjustment shall mail notices of such hearing to the petitioner and to all owners of property lying within 200 feet of any point of the lot or portion thereof, on which a special exception or variance is desired, and to all other persons deemed by the board of adjustment to be affected thereby; such owners and persons shall be determined according to the last approved tax roll of the city. Such notice may be served by depositing addressed and postage paid, in the city post office. (b) Requirements for public notice by sign posting: (1) Public notice for procedures requiring public notice by sign posting shall be provided by the city at least ten days before the public hearing. (2) The applicant shall place public notice sign on the property within 20 feet of the abutting street. (3) The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right- of-way abutting the property. (4) Public notice sign shall include the date, time, place, and purpose of public hearing. (5) The applicant must return the sign to the city within ten days after the appeal period for the public hearing has ended. (6) The erection of this sign shall not require a permit from the city. (Ord. No. 1501-05, § 6(Exh. F), 3-19-07) Sec. 106-195. Vote necessary for decision of board of adjustment. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the enforcement officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variance in this chapter. LaPorte,Texas,CodeofOrdinancesPage37 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION6.SPECIALEXCEPTIONSANDVARIANCES Sec. 106-196. Appeals from the board of adjustment. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code § 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board of adjustment. Sec. 106-197. Revocation or modification. (a) The board shall only consider a revocation or modification based on a written report from the enforcement officer stating findings of fact. A variance or special exception may be revoked or modified for any of the following reasons: (1) That a variance or special exception was obtained or extended by fraud or deception. (2) That one or more of the conditions imposed by the board in granting such variance or special exception has not been complied with or has been violated. (b) As required in section 106-195 (Vote necessary for decision of board of adjustments), four concurring votes are necessary for revocation or modification. Sec. 106-198. Reapplication. No application for a variance, special exception, or appeal which has been denied shall be filed again earlier than one year from the date of original denial. Sec. 106-199. Validity. If an application is granted by the board, all permits necessary for the prosecution of the work must be obtained within 90 days and construction completed within the time established by the building code. All previous applications approved by the board for which building permits have not been issued shall be valid only if a building permit is obtained within 90 days after receipt of a written notice of the requirements of this section and construction must be completed within the time limits set forth in the building code. Written notice shall be considered received on the date such notice is mailed to the person, firm or the address of such person, firm or corporation as the same shall appear in the records of the city secretary relating to the granting of such application. Secs. 106-200—106-215. Reserved. FOOTNOTE(S): LaPorte,Texas,CodeofOrdinancesPage38 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION6.SPECIALEXCEPTIONSANDVARIANCES 5 --- () --- Editor's note— See also section 106-89 for additional rules for hearings in front of the zoning board of adjustment. (Back) LaPorte,Texas,CodeofOrdinancesPage39 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION7.CONDITIONALUSEPERMITS DIVISION 7. CONDITIONAL USE PERMITS Sec. 106-216. General conditions for all conditional uses in all zoning districts. Sec. 106-217. Conditions for approval. Sec. 106-218. Amendments. Secs. 106-219Ï106-235. Reserved. Sec. 106-216. General conditions for all conditional uses in all zoning districts. (a) A special conditional use permit may be granted by the city council for the construction of a building and/or the establishment of a use as described in this or any other section, upon a tract of land in single ownership or under unified control. (b) Upon application for a special conditional use permit and submission of a general plan, major development site plan, minor development site plan, or preliminary plat (as the case may be), the city planning and zoning commission shall conduct a public hearing, duly advertised and with proper notice being given to all parties affected, as provided in section 106-171 (Amendment procedures). The general site plan, major development site plan, minor development site plan, or preliminary plat shall be drawn to scale and shall show the arrangement of the project in detail, including parking facilities, location of buildings, building uses to be permitted, means of ingress and egress, and other pertinent information, together with the information required by the development ordinance of the city. (c) After public hearing and upon recommendation of the city planning and zoning commission, the city council may modify the final planned unit development plan and issue a special conditional use permit containing such requirements and safeguards as are necessary to protect adjoining property. (d) Failure to begin construction within one year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the planning and zoning commission. (e) If construction is terminated after the completion of any stage and there is ample evidence that further development is not contemplated, the division establishing such special conditional use permit may be rescinded by the city council, upon its own motion or upon the recommendation of the planning and zoning commission of the city, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. (f) Every special conditional use permit granted as provided herein shall be considered as an amendment to the zoning ordinance as applicable to such property. Sec. 106-217. Conditions for approval. A special conditional use permit shall be issued only if all of the following conditions have been found: (1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. LaPorte,Texas,CodeofOrdinancesPage40 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION7.CONDITIONALUSEPERMITS (2) That the conditions placed on such use as specified in each district have been met by the applicant. (3) That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. Sec. 106-218. Amendments. The procedure for amendments for a special conditional use permit shall be the same as for a new application. Secs. 106-219—106-235. Reserved. LaPorte,Texas,CodeofOrdinancesPage41 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION8.SITEPLAN \[6\] DIVISION 8. SITE PLAN Sec. 106-236. Certified site plan required. Sec. 106-237. Conformance with thoroughfare plan. Sec. 106-238. One principal building allowed per lot. Sec. 106-239. Application of yard and parking requirements to through lots. Sec. 106-240. Minimum building setback. Secs. 106-241Ï106-260. Reserved. Sec. 106-236. Certified site plan required. Any person desiring to improve property shall submit to the city planning department a certified site plan of said premises and information giving the location and dimensions of existing and proposed buildings and parking lots, location of easements crossing the property, any and all encroachments, and other information which may be necessary to ensure conformance to this chapter. Approved site plan is valid for 1-year from the date of approval by the City. In the case of residential construction, A certified site plan shall not be required when: (1) Said rResidential construction is only for an accessory building of less than 200 square feet; (2) Said Residential construction is on lots or tracts that have been surveyed by a registered surveyor, and have all property corners permanently marked and visible; or (3) Said Residential construction consists of the modification of an existing residential structure. (4) Small awning and routine maintenance, i.e. parking lot, pavement, & building addition of less than 200 s.f. If approved by Director of Planning and Development after review of a previous certified site plan and they find no indication that the improvement would violate the provisions of this chapter. (5) A previously approved site plan that is older than one year from the date of approval by the City, a letter with seal and signature from the engineer of record would be required to ensure compliance with existing regulations. (6) Scope of commercial / industrial construction consists of modification of an existing internal structure only. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-237. Conformance with thoroughfare plan. All buildings shall be placed in such a manner that they will not obstruct future streets which may be constructed using existing rights-of-way or dedicated rights-of-way in accordance with the adopted thoroughfare plan of the city. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) LaPorte,Texas,CodeofOrdinancesPage42 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION8.SITEPLAN Sec. 106-238. One principal building allowed per lot. Not more than one principal building shall be located in R-1 zone on any one lot. Except in the case of apartment or condominium developments, industrial developments and planned unit developments, as provided for in this chapter, not more than one principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning; in case of doubt or on any question of interpretation the decision of the enforcement officer shall be final, subject to the right of appeal to the board of adjustment. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-239. Application of yard and parking requirements to thru through lots. On a through thru lot within residential districts (a lot fronting on two substantially parallel streets), the rear lot line shall be defined as the major street, where access is prohibited, and the minimum rear yard setback shall be 20 feet for applying the yard and parking regulations of this chapter. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-240. Minimum building setback. Except in a planned unit development and Main Street Overlay, Nno building shall be located closer than ten feet from any existing or proposed street right-of-way. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Secs. 106-241—106-260. Reserved. FOOTNOTE(S): 6 --- () --- Editor's note— Section 5(exh. D) of Ord. No. 1501-Z-1, adopted Feb. 9, 1998, amended divs. 8 and 9 in their entirety. Formerly, provisions of div. 8 and 9 pertained to similar subject matter and derived from the 1997 Code. (Back) LaPorte,Texas,CodeofOrdinancesPage43 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES \[7\] DIVISION 9. NONCONFORMING BUILDINGS, STRUCTURES AND USES Sec. 106-261. Generally. Sec. 106-262. Nonconforming structures. Sec. 106-263. Nonconforming uses. Sec. 106-264. Notification of nonconforming status. Sec. 106-265. Application for exemption from extended useful life requirement. Sec. 106-266. Extended useful life and termination. Sec. 106-267. Revocation of nonconforming use status. Sec. 106-268. Nonconforming lots of record. Sec. 106-269. Zoning of annexed property. Secs. 106-270Ï106-300. Reserved. Sec. 106-261. Generally. The general public, the planning and zoning commission and the board of adjustment are directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when necessary to preserve property rights, specific structures, lots, or uses established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the planning and zoning commission and the board of adjustment to assist the city council in achieving this goal by advising the city council of their recommendations thereon. As necessary, the city council may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any nonconforming use within the city. (1) Conforming use does not change to nonconforming use if adjacent property subsequently changes zoning classification. A use that conforms to the zoning regulations on the effective date of this zoning ordinance at the time of initial development of the site shall not subsequently be deemed a nonconforming use solely because the use changes on an adjoining property. (2) Accessory use of structure. No structure that is accessory to a principal nonconforming use or a nonconforming structure shall continue after such principal use or structure has been terminated, removed or otherwise brought into compliance, unless it complies with all of the regulations of the district in which it is located. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-262. Nonconforming structures. (a) Limitation on regulation. No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a nonconforming structure solely for a failure to comply with provisions relating to Article V, Division 2, Accessory Buildings, Uses, and Equipment, of this chapter. LaPorte,Texas,CodeofOrdinancesPage44 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES (b) Continuance of nonconforming structures. Subject to all limitations herein set forth, any nonconforming structure may be occupied and operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged unless the enlargement is made in accordance with the provisions of section 106-262(g) (Enlargement to non-conforming structure) of this chapter. (c) Accidental damage to structure. If a building occupied by nonconforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt unless it conforms with the provisions of this chapter. In the case of partial destruction by fire or other causes, not exceeding 50 percent of its value, as determined by a licensed appraiser, the enforcing officer of the city may issue a permit for reconstruction. If greater than 50 percent and less than total, the board may grant as a special exception a permit for repairs but not for enlargement or reconstruction of the building. (d) Obsolescence of structure. The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes substandard under the codes and ordinances of the city, and the cost of placing such structure in lawful compliance with the applicable ordinances exceeds 50 percent of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the enforcing officer determines that such structure is obsolete or substandard. The enforcement officer of the city shall notify the owner of such nonconforming structure, as shown on the certified tax rolls of the city, as to the date of termination of the right to operate and maintain such nonconforming structure, and as to the procedure to be followed to bring such structure into compliance with this chapter, or other codes and ordinances of the city. The burden of proof in showing that the structure's repair cost does not exceed 50 percent of the replacement cost of such structure rests upon the owner of such structure. The owner may appeal to the ZBOA within 60 days of the City notification. (e) Determination of replacement cost. In determining the replacement cost of any nonconforming structure, the cost of land or any factors other than the nonconforming structure itself, shall not be included. (f) Repairs and alterations. Repairs and alterations may be made to a nonconforming building or structure; provided, that the footprint of the building is not enlarged no external alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use. No additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. (g) Enlargement to nonconforming structure. A structure that is nonconforming may be altered, remodeled or otherwise improved, but not enlarged, unless the board of adjustment determines ((pursuant to section 106-191 (Special exceptions)) that such enlargement will not result in an increase in the degree of nonconformity with the regulations and development standards of the district in which it is located. (1) Submission of schedule to eliminate nonconformity. The applicant shall present to the board of adjustment a schedule for elimination or substantial reduction of the nonconformity over a reasonable period of time not to exceed 20 years, or setting forth the reasons why such action is not reasonably possible. (2) Approval of schedule by board of adjustment. The board of adjustment shall review and make any revisions found necessary to ensure that priority is given to elimination or reduction of those nonconformities that have significant adverse impacts on surrounding properties, and which can reasonably be ameliorated taking into account the effect of the configuration of the lot and the location of existing structures and the cost of eliminating or substantially reducing such nonconformities. (h) Abandonment of nonconforming use or nonconforming structure. LaPorte,Texas,CodeofOrdinancesPage45 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES (1) A nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The nonconforming use, when abandoned, shall not resume. (2) A nonconforming structure shall be deemed abandoned when the structure ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The use of the nonconforming structure, when abandoned, shall not resume. (3) When it has been determined by the enforcement officer that a nonconforming use or structure has been abandoned, notification shall be made by certified mail to the owner (as shown on the certified tax rolls) of the abandoned nonconforming use or structure. The owner or his representative seeking to maintain such nonconforming use or structure may appeal the enforcement officer's decision to the board of adjustment. The property owner or his representative seeking to maintain the existing nonconforming structure shall have the burden of proving to the board of adjustment in such appeal that the structure or use has not been abandoned for a period of 180 consecutive calendar days, and that the owner or his representative did not intend to abandon the nonconforming structure or use during said 180- day period. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-263. Nonconforming uses. (a) Continuance of nonconforming uses subject to this chapter. Subject to the provisions of this chapter relating to extended useful life of nonconforming uses, any nonconforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the nonconforming use on the effective date of this ordinance, provided that such land area or floor area shall not be increased, except that such limitation shall not apply for farming uses. (b) Changing a nonconforming use. Any nonconforming use or structure may be changed to a use conforming to the regulations established in this chapter for the district in which the nonconforming use or structure is located, or the nonconforming use or structure may be changed to a use or structure more conforming to the zoning district in which the nonconforming use or structure is located. For purposes of this section, the term "more conforming to the zoning district in which the nonconforming use or structure is located" shall mean a less intense use, (per the Standard Industrial Classification Code). Whether or not a use is more conforming to the zoning district in which the nonconforming use or structure is located is a question to be determined by the planning director, subject to appeal as provided within this article in this division. A nonconforming use or structure so changed shall not thereafter be returned to a nonconforming use or structure. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-264. Notification of nonconforming status. Owners and occupants of property subject to extended useful life and/or termination of nonconforming status pursuant to this division shall be notified of such status by the planning director of the city. The planning director shall mail written notice, prior to or concurrently with the notice of public hearing pursuant to section 106-266 (Extended useful life and termination), to all persons having an interest in property (as shown by the tax rolls of the city) where the property is located and to the occupant of each nonconforming use in the city by regular and by certified mail, return receipt requested. The notice shall state that the use is subject to a determination of its extended useful life and termination requirements and shall specify the procedures for obtaining an exemption from the extended useful life LaPorte,Texas,CodeofOrdinancesPage46 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES and termination requirements of sections 106-265 (Application for exemption from extended useful life request) and 106-266 (Extended useful life and termination) . (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-265. Application for exemption from extended useful life requirement. (a) Application requirements. An owner or qualified occupant of a nonconforming use or structure may seek an exemption from the extended useful life and termination requirements of section 106-266 (Extended useful life and termination). The grounds upon which such an exemption may be sought shall be either: (i) that the nonconforming use or structure has no adverse impact upon allowed land uses in the district in which it is located; or (ii) that the nonconforming use or structure can be made compatible with such surrounding uses upon compliance with specified conditions. Such owner or qualified occupant shall submit an application to the planning director, on a form provided by the planning director, no less than ten working days prior to the date scheduled for the public hearing being conducted pursuant to section 106-266 (Extended useful life and termination). (b) Board review and decision. The board of adjustment shall hold the public hearing pursuant to section 106-266(Extended useful life and termination) , following the procedures for hearings before the zoning board of adjustment established in the zoning ordinance; and shall consider the application for an exemption from the extended useful life and termination requirements of section 106-266 (Extended useful life and termination). The owner or qualified occupant shall have the burden of proving the grounds for the exemption sought. Upon conclusion of the hearing, if the board of adjustment finds that the use of the property has no material adverse impact upon the land uses permitted in the district in which it is located or can be made reasonably compatible with such uses through the imposition of specified conditions, it shall exempt the nonconforming use from the extended useful life and termination requirements of section 106-266 (Extended useful life and termination), and impose such conditions as it finds necessary to ensure reasonable compatibility with surrounding properties and uses, including, but not limited to: (i) required improvement of (or modifications to) existing improvements on the property; or (ii) limitations on hours or nature of operations; and (iii) a specified term of years for which the exemption shall be granted. If the board of adjustment does not authorize an exemption from the extended useful life and termination requirements of section 106-266 (Extended useful life and termination), it shall after considering applicable law, information presented at the hearing and other factors deemed relevant by it, establish an extended useful life period for the nonconforming use in accordance with section 106- 266(Extended useful life and termination) . (c) Appeal. Any person aggrieved by the decision of the board of adjustment or a taxpayer or an officer, department, board or bureau of the city, may appeal the decision in accordance with V.T.C.A., Local Government Code § 211.011. Unless properly appealed within ten days of the date the decision is filed in the board of adjustment's office, the decision of the board of adjustment is final and incontestable. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-266. Extended useful life and termination. (a) Extended useful life of specific nonconforming uses. Nonconforming uses shall be terminated at the end of an extended useful life period established by the board of adjustment in accordance with this section. The extended useful life period to be established shall not be less than five years, nor more than 20 years from the effective date of the order of the board of adjustment, unless the Board LaPorte,Texas,CodeofOrdinancesPage47 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES determines on the basis of expert appraisal testimony that a greater extended useful life period is necessary to enable the property owner to recoup the current remaining useful investment in the property made prior to the date of the order of the board of adjustment establishing the extended useful life period. The board of adjustment shall hold a public hearing, as required by subsection (b) below, to establish an extended useful life period or to consider an application by the nonconforming user for exemption from the extended useful life and termination requirements set forth in this section 106-266 (Extended useful life and termination). If the board of adjustment grants an exemption, the use shall be known as an "exempted nonconforming use." If the board of adjustment does not grant an exemption, it shall establish an extended useful life period subsequent to the hearing procedure established in subsection (b). If an application for exemption from extended useful life is not submitted, the board of adjustment shall establish an extended useful life period pursuant to subsection (c). (b) Public hearing. (1) The board of adjustment shall hold a public hearing to establish an extended useful life for each nonconforming use subject to notification pursuant to section 106-264 (Notification of nonconforming status), or to consider an application for an exemption from the extended useful life and termination requirements of this section as allowed in section 106-265 (Application for exemption from extended useful life requirement) and this section, but subject to the following notification requirements: a. Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to the owner and occupant of the nonconforming use at least 30 days prior to the date of such public hearing; b. Publication at least 30 days prior to the date of public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the city; and c. Mailing of the notice of public hearing at least 30 60 days prior to the date of the public hearing to property owners within 200 feet, as determined pursuant to section 106-89 (Appeals to board of adjustment), of the lot line of the land subject to the application, inclusive of streets, alleys and rights-of-way, and to civic associations registered with the planning director, whose boundaries are wholly or partly within said 200 foot area. (2) Upon notification of the time and place of the public hearing, the owner or occupant of the nonconforming use to be subject to the extended useful life requirements of this ordinance may apply to the planning director for an exemption from extended useful life and termination pursuant to section 106-265 (Application for exemption from extended useful life requirement) and include written information and documentation supporting a claim for an exemption from any extended useful life period. In the event the board of adjustment does not grant the exemption applied for, it shall establish an extended useful life period based on (i) applicable law, (ii) evidence submitted with the application, (iii) evidence presented at the hearing and (iv) other factors consistent with the purpose of this zoning ordinance to allow the owner to recoup the current remaining useful investment in the use made prior to the effective date of the order of the board of adjustment establishing the extended useful life period, specifically including but not limited to the testimony of experts in the field of property appraisal. The owner's or applicant's failure to submit evidence to support an extended useful life period shall be considered a waiver by the owner or applicant of any right to contest at the board of adjustment the length of any extended useful life period that the board of adjustment establishes. (c) Extended useful life period. In the event the owner or qualified occupant does not apply for exemption from an extended useful life period, the board of adjustment, at the public hearing, shall establish an extended useful life period based on (i) applicable law, (ii) evidence presented at the public hearing and (iii) other factors deemed relevant by the board of adjustment, to allow the owner LaPorte,Texas,CodeofOrdinancesPage48 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES or qualified applicant to recoup the current remaining useful investment in the use made prior to the effective date of this zoning ordinance, specifically including but not limited to testimony of experts in the field of property appraisal. The extended useful life shall not be for less than five years nor more than 20 years from the effective date of the useful life period, unless the board determines upon the basis of testimony from experts in the field of property appraisal presented at the public hearing, that an extension of the useful life period is necessary to enable the property owner to recoup the current remaining useful investment in the property made prior to the date of the order of the board of adjustment establishing the extended useful life period. (d) End of extended useful life period. At the end of the extended useful life period established by the board of adjustment for a particular use, the use shall terminate. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-267. Revocation of nonconforming use status. Upon the recommendation of the planning director or a motion of the board of adjustment, the board of adjustment shall undertake a review of (i) any nonconforming uses; or (ii) any exempted nonconforming uses established pursuant to section 106-265 (Application for exemption from extended useful life requirement) or 106-266 (Extended useful life and termination) and, after a public hearing and investigation as to the particular use in question, may require the revocation of the use status and the extended useful life period or may order the termination of such use. For purposes of this section 106-267 (Revocation of nonconforming use status), a use described in (i) or (ii) above, shall be herein sometimes referred to as a "revocable use." (1) Initiation of revocation procedure. The board of adjustment shall undertake a review of any revocable use only upon: (i) its own motion, upon a determination that a reasonable probability of one or more grounds for termination under section 106-267(3) (Required findings and standards in board-determination of revocation) exist; or (ii) a report from the planning director recommending revocation of such revocable use, which shall be based upon a determination that a reasonable probability of one or more grounds for termination under 106-267(3) (Required findings and standards in board-determination of revocation) exist for such recommendation. (2) Board notice, review and decision. Upon its own motion, or upon receipt of the planning director's report recommending the revocation of the status of the revocable use, the board of adjustment shall hold a public hearing to consider revocation of a revocable use. Prior to holding such hearing, the board of adjustment shall provide public notice as follows: a. Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to all persons having an interest in the property as shown by the certified tax rolls of the city and to the occupant or occupants of the property containing said revocable use at least 30 days prior to the date of such public hearing; b. Publication at least 30 days prior to the public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the city; and c. Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feet as determined pursuant to section 106-89 (Appeals to board of adjustment), of the lot line of the land subject to the application, inclusive of streets, alleys and rights-of-way, and to civic associations registered with the planning director, whose boundaries are wholly or party within the 200 foot area. LaPorte,Texas,CodeofOrdinancesPage49 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES Upon the conclusion of the public hearing, the board of adjustment shall determine, on the basis of written findings of fact and conclusions, whether the status of the revocable use should be revoked and the use amortized or terminated. In making its determination whether or not to revoke, the board of adjustment shall consider the standards set forth in section 106-267(3) (Required findings and standards in board-determination of revocation), and if it determines to revoke, it shall, in accordance with applicable law, after considering evidence presented at the hearing and other factors consistent with the purpose of this zoning ordinance, establish an extended useful life period for the owner to recoup the current remaining useful investment in the use made by the owner prior to the time the use became nonconforming, in accordance with the procedures set forth above. The revocable use shall terminate at the end of the extended useful life period or the termination date, as the case may be, as established by the board of adjustment. (3) Required findings and standards in board-determination of revocation. To support a finding and conclusion that revokes the status of a revocable use based on written findings of fact and conclusions, the board of adjustment must find any of the following (i) a violation of any condition imposed by the board of adjustment pursuant to section 106-265(b) (Board review and decision); (ii) that the continuation of the revocable use materially and continuously interferes in an adverse manner with the implementation of the legislative purposes of the zoning district in which the use is located, or (iii) a pattern of repeated occurrences of one or more of the following with respect to the revocable use: a. Noise above the maximum permissible limits, as set forth in the zoning ordinance, or in any other city ordinance; b. Traffic generation of more than twice that of the same use or use of a similar nature, based on rates set forth in the most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual; c. Noxious or annoying emissions of odor, smoke, wastewater, light or other matters; d. Hours of operation that begin prior to 7:00 a.m. and extend beyond 10:00 p.m. and as such exacerbate general noise or traffic; e. Lack of substantial compliance with applicable city codes and ordinances; f. Police reports on alleged criminal activity associated with the nonconforming use; or g. Similar factors. (4) Nonconforming uses not subject to revocation of status. Notwithstanding any provisions of this section 106-267 (Revocation of nonconforming uses status) that could be construed to the contrary, a residential use that is nonconforming in the particular district in which such use is located shall not be subject to revocation under this section 106-267 (Revocation of nonconforming use status). (5) Conditions for continuation. In making a decision not to revoke the status of a revocable use pursuant to section 106-267(3) (Required findings and standards in board-determination of revocation) the board of adjustment may impose conditions on the use that are necessary to accomplish the purposes of this section, including, but not limited to required improvement of, or modifications to, existing improvements on the property or limitations on hours or nature of operations. (6) Appeal. Any person aggrieved by the decision of the board of adjustment, or a taxpayer, or an officer, department, board or bureau of the city may appeal the decision in accordance with V.T.C.A., Local Government Code § 211.011. The decision of the board of adjustment is final LaPorte,Texas,CodeofOrdinancesPage50 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES and incontestable unless appealed to the district court within ten days after the date the decision is filed in the board of adjustment's office. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-268. Nonconforming lots of record. (a) Continuance of nonconforming lots of record. Subject to all limitations herein set forth, any nonconforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized as provided herein. No new structure shall be placed thereon except in conformity with the applicable controls of the district in may be undertaken on nonconforming which the lot is located. No new use or change in occupancy is first lots of record, unless said change in use or occupancy as well as "tenant and/or occupant" submitted to the planning director for review. The planning director shall review said proposed change in use or occupancy, for purposes of insuring maximum compliance with this division chapter, taking into account the particular restraints imposed by the degree of nonconformity of said nonconforming lot of record. The directorÓs review shall include, but not and be limited to required parking, loading, vehicular access, landscaping, setbacks, utility availability, parking lot surfacing for required parking, dumpster enclosures, and other requirements as imposed by this division Chapter. Decisions of the planning director made pursuant to provisions contained in this section are subject to appeal to the board of adjustment as provided in section 106-89 (Appeals to board of adjustment) of this chapter. (b) Discontinuance of nonconforming lots of record. Any lot which is made conforming by combining with other lots for purpose of sale or development, or by development, or by subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provisions of these regulations; provided however, that a nonconforming lot of record that is made conforming shall not thereafter be changed back to a nonconforming lot. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98; Ord. No. 1501-A-5, § 6(Exh. F), 5-8-06) Sec. 106-269. Zoning of annexed property. (a) Temporary R-1 classification of annexed property. All territory annexed hereafter to the city shall be temporarily classified as R-1 low density residential, only until permanently zoned by the La Porte City Council. Immediately after the annexation of any territory to the City of La Porte, the city planning and zoning commission shall commence any action necessary to recommend to the city council a permanent zoning classification. The procedure for making permanent such classification shall be the same as is provided by law for the adoption of the original zoning regulations, and shall take place within 180 days from the date of annexation. (b) Developments presented to city prior to annexation. In the event a development or subdivision is presented to the city planning and zoning commission prior to annexation, that specifies a particular land use, the planning and zoning commission may recommend zoning categories to the city council, after hearing, so that permanent zoning may be considered simultaneously and in conjunction with the annexation proceedings. (c) Issuance of building permits in annexed areas. In an area temporarily classified as R-1 low density residential, a building permit may be issued for the construction of structures or uses permitted by low density residential district regulations, however, other structures or uses are not permitted unless application for such structures or use is made to the city planning and zoning commission for consideration and recommendation to the city council. LaPorte,Texas,CodeofOrdinancesPage51 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Secs. 106-270—106-300. Reserved. FOOTNOTE(S): 7 --- () --- Note— See the editor's note to div. 8. (Back) LaPorte,Texas,CodeofOrdinancesPage52 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS \[8\] ARTICLE III. DISTRICTS DIVISION 1. - GENERALLY DIVISION 2. - RESIDENTIAL DISTRICT REGULATIONS DIVISION 3. - COMMERCIAL DISTRICT REGULATIONS DIVISION 4. - INDUSTRIAL DISTRICT REGULATIONS FOOTNOTE(S): 8 --- () --- Cross reference— Consumption or possession with intent to consume alcoholic beverages on city property, § 6-3; location for sales of beer and wine, § 6-78. (Back) LaPorte,Texas,CodeofOrdinancesPage53 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY DIVISION 1. GENERALLY Sec. 106-301. Official zoning map provisions. Sec. 106-302. Changes in district boundaries. Sec. 106-303. Zoning map change procedures. Sec. 106-304. Unauthorized map changes. Sec. 106-305. Location and authority of zoning maps. Sec. 106-306. Replacement of the zoning maps. Sec. 106-307. Zoning map history. Sec. 106-308. Interpretation of zoning district boundaries. Sec. 106-309. Land use districts. Sec. 106-310. Commercial & Industrial Uses Table Sec. 106.311. Visibility Triangle Secs. 106-312Ï106-330. Reserved. Sec. 106-301. Official zoning map provisions. (a) The city is hereby divided into zones, or districts, as shown on the zoning maps described in sections 106-301 (Official zoning map provisions) through 106-308 (Interpretation of zoning district boundaries) which, together with all explanatory matter thereon, are as passed and amended adopted by reference and declared to be part of this chapter. Three original and identical copies of the zoning district map shall be identified by the signature of the mayor, attested by the city secretary and bearing the seal of the city under the following words: "This is to certify that this is the Original Zoning Map/Official Zoning Map referenced to in Article 2 of Ordinance No. ____________/____________/____________ of the City of La Porte, Texas." (b) One copy, hereafter called the original zoning map, shall be filed with the city secretary and retained as the original record and shall not be changed in any manner. (c) Two copies, hereafter called the official zoning map shall be filed with the enforcing officer and city secretary and shall be maintained up-to-date by the department of community Planning and Development. Sec. 106-302. Changes in district boundaries. If, in accordance with the provisions of this chapter and V.T.C.A., Local Government Code § 211.006, changes are made in the district boundaries or other matter portrayed on the official zoning maps, such changes shall be entered on the official zoning maps by the Planning and community Development department promptly after the amendment has been approved by the city council. LaPorte,Texas,CodeofOrdinancesPage54 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY Sec. 106-303. Zoning map change procedures. Approved zoning changes shall be entered on the official zoning maps by the Director of community development Planning and Development or his designated representative and each change shall be identified on the maps with the date and number of the ordinance making the change. No amendment to this chapter which involves matter portrayed on the official zoning maps shall become effective until after such ordinance has been finally approved by the city council. Sec. 106-304. Unauthorized map changes. No change of any nature shall be made on the official zoning maps or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered null and void a violation of this chapter and punishable here under. Sec. 106-305. Location and authority of zoning maps. Regardless of the existence of purported copies of the official zoning maps which may from time to time be made public or published, the official zoning maps shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city. The official zoning maps shall be available to the public at all hours when the city hall is open to the public. Sec. 106-306. Replacement of the zoning maps. In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the city council may, by resolution, adopt a new official zoning map based on review and a written report from the planning and zoning commission, which shall supersede the prior official zoning maps. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning maps, but no such corrections shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the city and date under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of the map being replaced) as part of the Zoning Ordinance of the City of La Porte, Texas." Sec. 106-307. Zoning map history. Unless the prior official zoning map has been lost or has been totally destroyed, the prior map, as superseded in accordance with section 106-306 (Replacement of the zoning maps), or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. Sec. 106-308. Interpretation of zoning district boundaries. In determining the location of zoning district boundaries on the map accompanying and made a part of these regulations, the following rules shall apply: LaPorte,Texas,CodeofOrdinancesPage55 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY (1) Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys as they exist at the time of adoption of these regulations shall be the zoning boundary. (2) Where boundaries are shown to enter on cross platted blocks, property lines of lots, as they exist at the time of adoption of these regulations, shall be the zoning boundary. (3) In case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property line nearest the district boundary line as shown. (4) Where boundaries are shown on unsubdivided property, the location shall be determined by use of the scale shown on the map unless dimensions are given on the map. Sec. 106-309. Land use districts. For the purpose of this chapter, the city is hereby divided into land use development districts as follow: DistrictSymbolDistrict R1Lowdensityresidentialdistrict R2Middensityresidentialdistrict R3Highdensityresidentialdistrict LLLargelotresidentialdistrict MHManufacturedhousingdistrict NCNeighborhoodcommercialdistrict GCGeneralcommercialdistrict MSMainstreetdistrictwithoverlay MUMixedusedistrict CRCommercialrecreationdistrict BIBusinessindustrialparkdistrict LILightindustrialdistrict HIHeavyindustrialdistrict PUDPlannedunitdevelopmentdistrict LaPorte,Texas,CodeofOrdinancesPage56 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY Sec. 106-310, Table A, Commercial & Industrial Uses 2012 NAICS2012 NAICS Title ** NC MSGCMUBILIHI Code 33 Artisan shops with a retail component 1,000 sq P P ft max 33 Artisan shops with a retail component 2,500 sq P PC ft max Offices only for any use code P P P P P 1 All uses permitted or/accessory in R-3 zone, P P P P except single-family detached and special lot, duplexes, quadruplexes, townhouses, and multifamily 2 Single-family detached P P All Conditional uses in R-3 zone C C C C 11 Agriculture, Forestry, Fishing & Hunting ** 21 Mining ** 22 Utilities ** 23 Construction 236 Construction of Buildings P P P P P 237 Heavy and Civil Engineering Construction P P P 2381 Foundation, Structure, and Building Exterior P P P P P Contractors 2382 Building Equipment Contractors 2383 Building Finishing Contractors 238910 Site Preparation Contractors C P P P 238990 All Other Specialty Trade Contractors C P P P 31-33 Manufacturing 3111 Animal Food Manufacturing C P 3112 Grain and Oilseed Milling 3113 Sugar and Confectionery Product Manufacturing 3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing 3115 Dairy Product Manufacturing 3116 Animal Slaughtering and Processing C C 3117 Seafood Product Preparation and Packaging 311811 Retail Bakeries P P P P P P P 3118 Bakeries and Tortilla Manufacturing C P 3119 Other Food Manufacturing 31211 Soft drink and Ice Manufacturing C P 31212 Breweries C C C C C C P 31213 Wineries 31214 Distilleries 312230 Tobacco Manufacturing C P PPP 313 Textile Mills 314 Textile Product Mills P P P 315 Apparel Manufacturing P P P 316110 Leather and Hide Tanning and Finishing C LaPorte,Texas,CodeofOrdinancesPage57 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY 2012 NAICS2012 NAICS Title ** NC MSGCMUBILIHI Code 3162 Footwear Manufacturing C P P 3169 Other Leather and Allied Product Manufacturing 321 Wood Product Manufacturing ** 3221 Pulp, Paper, and Paperboard Mills ** 322211 Corrugated and Solid Fiber Box Manufacturing C P 322212 Folding Paperboard Box Manufacturing C P 322219 Other Paperboard Container Manufacturing P P P 32222 Paper Bag and Coated and Treated Paper C P Manufacturing 323111 Commercial Printing (except Screen and Books) P P P 323113 Commercial Screen Printing P P P P P 323117 Books Printing P P P P P 323120 Support Activities for Printing P P P 324 Petroleum and Coal Products Manufacturing ** 325 Chemical Manufacturing ** 326 Plastic and Rubber Products Manufacturing C C P 327110 Pottery, Ceramics, and Plumbing Fixture C C P Manufacturing 32712 Clay Building Material and Refractories P Manufacturing 3272 Glass and Glass Product Manufacturing 3273 Cement and Concrete Product Manufacturing 3274 Lime and Gypsum Product Manufacturing 3279 Other Nonmetallic Mineral Product Manufacturing 331 Primary Metal Manufacturing P 3321 Forging and Stamping P P 3322 Cutlery and Handtool Manufacturing P P P 3323 Architectural and Structural Metals 3324 Manufacturing 3325 Boiler, Tank, and Shipping Container 3326 Manufacturing 3327 Hardware Manufacturing Spring and Wire Product Manufacturing Turned Product and Screw, Nut, and Bolt Manufacturing 332811 Metal Heat Treating C P P 332812 Metal Coating, Engraving (except Jewelry and P P Silverware), and Allied Services to Manufacturers 332813 Electroplating, Plating, Polishing, Anodizing, and P P P Coloring 332911 Industrial Valve Manufacturing P P 332912 Fluid Power Valve and Hose Fitting P P Manufacturing 332913 Plumbing Fixture Fitting and Trim Manufacturing P P P LaPorte,Texas,CodeofOrdinancesPage58 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY 2012 NAICS2012 NAICS Title ** NC MSGCMUBILIHI Code 332919 Other Metal Valve and Pipe Fitting P P P Manufacturing 332991 Ball and Roller Bearing Manufacturing P P 332992 Small Arms Ammunition Manufacturing P 332993 Ammunition (except Small Arms) Manufacturing P 332994 Small Arms, Ordnance, and Ordnance C Accessories Manufacturing 332996 Fabricated Pipe and Pipe Fitting Manufacturing P P 332999 All Other Miscellaneous Fabricated Metal P P P Product Manufacturing 3331 Agriculture, Construction, and Mining Machinery P P Manufacturing 333241 Food Product Machinery Manufacturing 333242 Semiconductor Machinery Manufacturing 333243 Sawmill, Woodworking, and Paper Machinery Manufacturing 333244 Painting Machinery and Equipment Manufacturing 333249 Other Industrial Machinery Manufacturing P P P 3333 Commercial and Service Industry Machinery Manufacturing 333413 Industrial and Commercial Fan and Blower and P P Air Purification Equipment Manufacturing 333414 Heating Equipment (except Warm Air Furnaces) P P P Manufacturing 333415 Air-Conditioning and Warm Air Heating P P P Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing 3335 Metalworking Machinery Manufacturing P P 333611 Turbine and Turbine Generator Set Units Manufacturing 333612 Speed Changer, Industrial High-Speed Drive, and Gear Manufacturing 333613 Mechanical Power Transmission Equipment Manufacturing 333618 Other Engine Equipment Manufacturing P P P 333911 Pump and Pumping Equipment P P Manufacturing 333912 Air and Gas Compressor Manufacturing P P 333913 Measuring and Dispensing Pump P P P Manufacturing 333921 Elevator and Moving Stairway Manufacturing P P 333922 Conveyor and Conveying Equipment P P Manufacturing 333923 Overhead Traveling Crane, Hoist, and Monorail P P P System Manufacturing LaPorte,Texas,CodeofOrdinancesPage59 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY 2012 NAICS2012 NAICS Title ** NC MSGCMUBILIHI Code 333924 Industrial Truck, Tractor, Trailer, and Stacker P P Machinery Manufacturing 333991 Power-Driven Hand tool Manufacturing P P 333992 Welding and Soldering Equipment P P P Manufacturing 333993 Packaging Machinery Manufacturing P P 333994 Industrial Process Furnace and Oven P P P Manufacturing 333995 Fluid Power Cylinder and Actuator P P Manufacturing 333996 Fluid Power Pump and Motor Manufacturing P P P 333997 Scale and Balance Manufacturing 333999 All Other Miscellaneous General Purpose Machinery Manufacturing 3341 Computer and Peripheral Equipment Manufacturing P P 3342 Communications Equipment Manufacturing 3343 Audio and Video Equipment Manufacturing 3344 Semiconductor and Other Electronic Component Manufacturing 3345 Navigation, Measuring, Electromedical, and Control Instruments Manufacturing 3346 Manufacturing and Reproducing Magnetic and Optical Media P P P 3351 Electric Lighting Equipment Manufacturing 3352 Household Appliance Manufacturing 3353 Electrical Equipment Manufacturing P P P 33591 Battery Manufacturing 33592 Communication and Energy Wire and Cable Manufacturing P P 33593 Wiring Device Manufacturing 33599 All Other Electrical Equipment and Component Manufacturing P P P 3361 Motor Vehicle Manufacturing 3362 Motor Vehicle Body and Trailer Manufacturing P P 336310 Motor Vehicle Gasoline Engine and Engine Parts Manufacturing P P P 336320 Motor Vehicle Electrical and Electronic Equipment Manufacturing P P P 33633 Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing 33634 Motor Vehicle Brake System Manufacturing 33635 Motor Vehicle Transmission and Power Train Parts Manufacturing P P 33636 Motor Vehicle Seating and Interior Trim Manufacturing P P P 33637 Motor Vehicle Metal Stamping P P LaPorte,Texas,CodeofOrdinancesPage60 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY 2012 NAICS 2012 NAICS Title **NC MSGCMUBILIHI Code 33639 Other Motor Vehicle Parts Manufacturing P P P 3364 Aerospace Product and Parts Manufacturing 3365 Railroad Rolling Stock Manufacturing P P 336611 Ship Building and Repairing P 336612 Boat Building C P P P 336991 Motorcycle, Bicycle, and Parts Manufacturing P P P 336992 Military Armored Vehicle, Tank, and Tank P P Component Manufacturing 336999 All Other Transportation Equipment P P Manufacturing 33 337110 Wood Kitchen Cabinet and Countertop P P P P P Manufacturing 33 337121 Upholstered Household Furniture P P P P P Manufacturing 33 337122 Non-upholstered Wood Household Furniture P P P P P Manufacturing 3371 Household and Institutional Furniture and P P P Kitchen Cabinet Manufacturing 3372 Office Furniture (including Fixtures) Manufacturing 3379 Other Furniture Related Product Manufacturing 339 Miscellaneous Manufacturing P P P 42 Wholesale Trade 4231 Motor Vehicle and Motor Vehicle Parts and P P P Supplies Merchant Wholesalers 4232 Furniture and Home Furnishing Merchant Wholesalers 4233 Lumber and Other Construction Materials Merchant Wholesalers 4234 Professional and Commercial Equipment and Supplies Merchant Wholesalers 42351 Metal Service Centers and Other Metal Merchant Wholesalers 42352 Coal and Other Mineral Merchant Wholesalers P 4236 Household Appliances and Electrical and P P P Electronic Goods Merchant Wholesalers 4237 Hardware, and Plumbing and Heating Equipment and Supplies Wholesalers 4238 Machinery, Equipment, and Supplies Merchant C P Wholesalers 423910 Sporting and Recreational Goods and Supplies C P P P Merchant Wholesalers 444 423920 Toy and Hobby Goods and Supplies Merchant C P P P Wholesalers 423930 Recyclable Material Merchant P Wholesalers LaPorte,Texas,CodeofOrdinancesPage61 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY 2012 NAICS 2012 NAICS Title **NC MSGCMUBILIHI Code 423940 Jewelry, Watch, Precious Stone, and Precious P P P Metal Merchant Wholesalers 423990 Other Miscellaneous Durable Goods Merchant P P P Wholesalers 4241 Paper and Paper Product Merchant P P P 4242 Wholesalers Drugs and DruggistsÓ Sundries Merchant 4243 Wholesalers Apparel, Piece Goods, and Notions Merchant 4244 Wholesalers Grocery and Related Product Merchant Wholesalers 4245 Farm Product Raw Material Merchant P P Wholesalers 424610 Plastics Materials and Basic Forms and Shapes P P P Merchant Wholesalers 424690 Other Chemical and Allied Products Merchant P P P Wholesalers 424710 Petroleum Bulk Stations and Terminals C 424720 Petroleum and Petroleum Products Merchant C P P Wholesalers (except Bulk Stations and Terminals) 424810 Beer and Ale Merchant Wholesalers P P P 424820 Wine and Distilled Alcoholic Beverage Merchant P P P Wholesalers 424910 Farm Supplies Merchant Wholesalers C P 42492 Book, Periodical, and Newspaper Merchant C P P Wholesalers 42493 Flower, Nursery Stock, and FloristsÓ Supplies Merchant Wholesalers 42495 Paint, Varnish, and Supplies Merchant Wholesalers 42499 Other Miscellaneous Nondurable Goods Merchant Wholesalers 425 Wholesale Electronic Markets and Agents and P P P P Brokers 44-45 Retail Trade 441110 New Car Dealers P P P P P 441120 Used Car Dealers P P P P P 441210 Recreational Vehicle Dealers P P P P 44122 Motorcycle, Boat, and Other Motor Vehicle P P P P P Dealers 4413 Automotive Parts, Accessories, and Tire Stores 442 Furniture and Home Furnishings Stores P P P P P 443 Electronics and Appliance Stores P P P P P P 444110 Home Centers P P P P 444120 Paint and Wallpaper Stores P P P P P LaPorte,Texas,CodeofOrdinancesPage62 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY 2012 NAICS 2012 NAICS Title **NC MSGCMUBILIHI Code 444130 Hardware Stores P P P P P P 44419 Other Building Material Dealers P P P P P 4442 Lawn and Garden Equipment and Supplies Stores 445 Food and Beverage Stores P P P P P P P 446 Health and Personal Care Stores P P P P P P P 44711 Gasoline Stations with Convenience Stores P P P P P P 5555 44719 Other Gasoline Stations P P P P 448 Clothing and Clothing Accessories P P P P P P P Stores 451 Sporting Goods, Hobby, Musical Instrument, P P P P P P P and Book Stores 4521 Department Stores P P P P 452910 Warehouse Clubs and Supercenters 452990 All Other General Merchandise Stores P P P P P P P 4531 Florists P P P P P P P 4532 Office Supplies, Stationery, and Gift Stores 4533 Used Merchandise Stores 45391 Pet and Pet Supplies Stores 45392 Art Dealers 45393 Manufactured (Mobile) Home Dealers P P P 453991 Tobacco Stores P P P P P P P 453998 All Other Miscellaneous Store Retailers (except P P P P P P P Tobacco Stores) 4541 Electronic Shopping and Mail-Order Houses P P P P P P 454210 Vending Machine Operators P P P P 454310 Fuel Dealers P P 454390 Other Direct Selling Establishments P P P P P 48-49 Transportation and Warehousing 481 Air Transportation P P P 482 Rail Transportation P 483 Water Transportation ** 66 484 Truck Transportation P P 4851 Urban Transit Systems P P P P 4852 Interurban and Rural Bus Transportation 48531 Taxi Service P P P P P 48532 Limousine Service P P P P P 48541 School and Employee Bus Transportation P P P P 48551 Charter Bus Industry P P P P 485991 Special Needs Transportation P P P P P 485999 All Other Transit and Ground Passenger P P P P P Transportation 486 Pipeline Transportation ** 487 Scenic and Sightseeing Transportation P P P P P 4881 Support Activities for Air Transportation P P P 4882 Support Activities for Rail Transportation P LaPorte,Texas,CodeofOrdinancesPage63 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY 2012 NAICS 2012 NAICS Title **NC MSGCMUBILIHI Code 4883 Support Activities for Water Transportation ** 488390 Other Support Activities for Water P P P P P Transportation 4884 Support Activities for Road Transportation P P P P 4885 Freight Transportation Arrangement 488991 Packing and Crating C P P 488999 All Other Support Activities for Transportation C P P 491 Postal Service P P P P 492110 Couriers and Express Delivery Services P P P 492210 Local Messengers and Local Delivery P P P P 66 493 Warehousing and Storage P P 51 Information 511 Publishing Industries (except Internet) C P P P P 512110 Motion Picture and Video Production P P P 512120 Motion Picture and Video Distribution P P P 512131 Motion Picture Theaters (except Drive-Ins) P P P P P 512132 Drive-In Motion Picture Theaters P P P 512191 Tele-production and Other Postproduction P P P P P Services 512199 Other Motion Picture and Video Industries C P P P 512210 Record Production P P P P P 512220 Integrated Record Production/Distribution P P P 51223 Music Publishers P P P P P 51224 Sound Recording Studios 51229 Other Sound Recording Industries 515 Broadcasting (except Internet) P P P P P 517 Telecommunications P P P P P 518 Data Processing, Hosting, and Related Services P P P P P 519 Other Information Services P P P P P 52 Finance and Insurance 521 Monetary Authorities-Central Bank P P P P P 522 Credit Intermediation and Related Activities P P P P P 523110 Investment Banking and Securities Dealing P P P P P 523120 Securities Brokerage P P P P P 523130 Commodity Contracts Dealing P P P P P P 523140 Commodity Contracts Brokerage P P P P P 523210 Securities and Commodity Exchanges P P P P P 523910 Miscellaneous Intermediation P P P P P P 523920 Portfolio Management P P P P P P 523930 Investment Advice P P P P P 523991 Trust, Fiduciary, and Custody Activities P P P P P P 523999 Miscellaneous Financial Investment Activities P P P P P 5241 Insurance Carriers P P P P P 5242 Agencies, Brokerages, and Other Insurance P P P P P P P Related Activities LaPorte,Texas,CodeofOrdinancesPage64 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY 2012 NAICS 2012 NAICS Title **NC MSGCMUBILIHI Code 52511 Pension Funds P P P P P 52512 Health and Welfare Funds 52519 Other Insurance Funds P P P P P P 5259 Other Investment Pools and Funds 53 Real Estate Rental and Leasing 531 Real Estate P P P P P P P 532111 Passenger Car Rental P P P P P 532112 Passenger Car Leasing P P P P P 532120 Truck, Utility Trailer, and RV (Recreational P P P P Vehicle) Rental and Leasing 532210 Consumer Electronics and Appliances Rental P P P P P 53222 Formal Wear and Costume Rental P P P P P P P 53223 Video Tape and Disc Rental 532291 Home Health Equipment Rental 532292 Recreation Good Rental 532299 All Other Consumer Goods Rental P P P P P 532310 General Rental Centers P P P P P 532411 Commercial Air, Rail, and Water Transportation P P Equipment Rental and Leasing 7 532412 Construction, Mining, and Forestry Machinery P P P P and Equipment Rental andLeasing 532420 Office Machinery and Equipment Rental and P P P P P Leasing 532490 Other Commercial and Industrial Machinery and P P P P Equipment Rental and Leasing 533 Lessors of Nonfinancial Intangible Assets P P P P P P (except Copyrighted Works) 54 Professional, Scientific, and Technical Services 5411 Legal Services P P P P P P 541211 Offices of Certified Public Accountants 541213 Tax Preparation Services 541214 Payroll Services P P P P P 541219 Other Accounting Services 54131 Architectural Services 54132 Landscape Architectural Services 54133 Engineering Services 54134 Drafting Services 54135 Building Inspection Services 54136 Geophysical Surveying and Mapping Services 50137 Surveying and Mapping (except Geophysical) Services 541380 Testing Laboratories P P P P LaPorte,Texas,CodeofOrdinancesPage65 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY 2012 NAICS 2012 NAICS Title **NC MSGCMUBILIHI Code 5414 Specialized Design Services P P P P P 5415 Computer Systems Design and Related 5416 Services Management, Scientific, and Technical Consulting Services 541711 Research and Development in Biotechnology P P 541712 Research and Development in the Physical, P P Engineering, and Life Sciences (except Biotechnology) 54172 Research and Development in the Social P P P P P Sciences and Humanities 5418 Advertising, Public Relations, and Related 54191 Services Marketing Research and Public Opinion Polling 541921 Photography Studios, Portrait P P P P P P P 541922 Commercial Photography C P P P P 541930 Translation and Interpretation Services P P P P P 888 541940 Veterinary Services P P P P P P 541990 All Other Professional, Scientific, and Technical P P P P P Services 55 Management of Companies and P P P P P Enterprises 56 Administrative and Support, Waste Management, and Remediation Services 5611 Office Administrative Services P P P P P 5612 Facilities Support Services 5613 Employment Services 5614 Business Support Services 561510 Travel Agencies P P P P P P P 56152 Tour Operators P P P P P 56159 Other Travel Arrangement and Reservation 56161 Services 561621 Investigation, Guard, and Armored Car Services Security Systems Services (except Locksmiths) 561622 Locksmiths P P P P P P P 561710 Exterminating and Pest Control P P P P P Services 561720 Janitorial Services P P P P P P 561730 Landscaping Services P P P P P 561740 Carpet and Upholstery Cleaning Services P P P P P 561790 Other Services to Buildings and Dwellings P P P P P P 5619 Other Support Services P P P P 562111 Solid Waste Collection P P 562112 Hazardous Waste Collection C 562119 Other Waste Collection P P 5622 Waste Treatment and Disposal C LaPorte,Texas,CodeofOrdinancesPage66 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY 2012 NAICS 2012 NAICS Title **NC MSGCMUBILIHI Code 5629 Remediation and Other Waste Management P P P Services 61 Educational Services 6111 Elementary and Secondary Schools P P P P P P 6112 Junior Colleges 6113 Colleges, Universities, and Professional Schools 611410 Business and Secretarial Schools C C P P P 61142 Computer Training P P P P P 61143 Professional and Management Development Training 611511 Cosmetology and Barber Schools 611512 Flight Training 611513 Apprenticeship Training 99 611519 Other Technical and Trade schools P P P P P 6116 Other Schools and Instruction P P P P P 6117 Educational Support Services 62 Health Care and Social Assistance 6211 Office of Physicians P P P P P P 6212 Office of Dentists 6213 Office of Other Health Practitioners 621410 Family Planning Centers C P P P P 621420 Outpatient Mental Health and Substance Abuse C P P P P Centers 621491 HMO Medical Centers P P P P P 621392 Kidney Dialysis Centers C P P P P 621493 Free Standing Ambulatory Surgical and Emergency Centers 621498 All Other Outpatient Care Centers 6215 Medical and Diagnostic Laboratories 6216 Home Health Care Services 6219 Other Ambulatory Health Care Services 622 Hospitals C P P P P 623110 Nursing Care Facilities (Skilled Nursing P P P P P P Facilities) 623210 Residential Intellectual and Developmental P P P P P P Disability Facilities 623220 Residential Mental Health and Substance Abuse P P P P Facilities 623311 Continuing Care Retirement Communities P P P P P P 623312 Assisted Living Facilities for the Elderly P P P P 62399 Other Residential Care Facilities P P P P 624 Social Assistance P P P P 71 Arts, Entertainment, and Recreation 7111 Performing Arts Companies P P P P P 711211 Sports Teams and Clubs LaPorte,Texas,CodeofOrdinancesPage67 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY 2012 NAICS 2012 NAICS Title **NC MSGCMUBILIHI Code 711212 Racetracks ** 711219 Other Spectator Sports P P P P P 7113 Promoters of Performing Arts, Sports, and Similar Events 7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures 7115 Independent Artists, Writers, and Performers 712 Museums, Historical Sites, and Similar P P P P P Institutions 71311 Amusement and Theme Parks P P P P P 1010101010 713120 Amusement Arcades P P P P P 7132 Gambling Industries ** 71391 Golf Courses and Country Clubs P P P P P 71392 Skating Facilities 71393 Marinas ** 71394 Fitness and Recreational Sports Centers P P P P P 71395 Bowling Centers 1111111111 713990 All Other Amusement and Recreation Industries P P P P P except shooting range and slot machines. 72 Accommodation and Food Services 1212121212 721110 Hotels (except Casino Hotels) and Motels P P P P P 721120 Casino Hotels ** 721191 Bed-and-Breakfast Inns P P P P P P P 721199 All Other Traveler Accommodation ** 721211 RV (Recreational Vehicle) Parks and ** 721214 Campgrounds Recreational and Vacation Camps (except Campgrounds) 721310 Rooming and Boarding Houses P P P P P P P 722310 Food Service Contractors P P P P P 722320 Caterers P P P P P 722330 Mobile Food Services P P P P 722410 Drinking Places (Alcoholic Beverages) P P P P P P 7225 Restaurants and Other Eating Places P P P P P P 81 Other Services, except Public Administration 1515151515 8111 Automotive Repair and Maintenance P P P P P 811211 Consumer Electronics Repair and Maintenance P P P P P P 811212 Computer and Office Machine Repair and P P P P P Maintenance 811213 Communication Equipment Repair and P P P P P P Maintenance 811219 Other Electronic and Precision Equipment P P P P P P Repair and Maintenance 811310 Commercial and Industrial Machinery and P P P Equipment (except Automotive and Electronic) Repair and Maintenance LaPorte,Texas,CodeofOrdinancesPage68 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY 2012 NAICS 2012 NAICS Title **NC MSGCMUBILIHI Code 811411 Home and Garden Equipment Repair and P P P P P Maintenance 811412 Appliance Repair and Maintenance P P P P P P 81142 Reupholstery and Furniture Repair 81143 Footwear and Leather Goods Repair 81149 Other Personal and Household Goods Repair and Maintenance 8121 Personal Care Services P P P P P P P 81221 Funeral Homes and Funeral Services 131313131313 812220 Cemeteries and Crematories P P P P PP P 812310 Coin-Operated Laundries and Drycleaners P P P P P P P 812320 Drycleaning and Laundry Services (except Coin- P P P P P P P Operated) 812331 Linen Supply P P P P 812332 Industrial Launderers P P 1414141414 812910 Pet Care (except Veterinary) Services CC C C C 812921 Photofinishing Laboratories (except One-Hour) P P P P 812922 One-Hour Photofinishing P P P P 812930 Parking Lots and Garages C P P P P 812990 All Other Personal Services C P P P P 813110 Religious Organizations C P P P P 8132 Grantmaking and Giving Services P P P P P P 8133 Social Advocacy Organizations 8134 Civic and Social Organizations C P P P P 81391 Business Associations 81392 Professional Organizations 81393 Labor Unions and Similar Labor Organizations 81394 Political Organizations 813990 Other Similar Organizations (except Business, C C C C P P P Professional, Labor, and Political Organizations) 814 Private Households ** 92 Public Administration P P P P P Parking ramps and structures P C P C Commercial/Ind. PUD (ref. to Section 106-636) C C C C C C C Outdoor sales as accessory use P P Outdoor storage as accessory use P P Off-site parking C C C C Unlisted uses, similar to uses listed above C C C C C C C LaPorte,Texas,CodeofOrdinancesPage69 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY Footnotes: ** Non-classified use categories. 1 Within the overlay portion, residential activities are only allowed above the first floor. 2 Single family detached prohibited in main street overlay zone, but permitted in main street district. 3 Artisan shops are allowed ((see Section 106-480 (Artisan Shop), 106-500 (Artisan Shop) ,106-514 (Artisan Shop)) 4 No storage or sale of Fire Works. 5 Truck Stop shall only be permitted in Business Industrial districts on truck routes along BarbourÓs Cut Boulevard, State Hwy 225 and State Highway 146 (north of BarbourÓs Cut Blvd.). No construction of any kind shall be permitted within setbacks for BI zone. 6 Must be adjacent to high frequency truck roads as shown on High Frequency Truck Road Map (Ref. Section 106-746) 7 Only allowed along State Highway 146 8 Livestock prohibited on premises 9 Truck Schools prohibited 10 Refer to Chapter 10 of the Code of Ordinances (must be at least 300 feet from Church, School, or Hospital & measured from property line to property line). 11 Shooting Range is a Conditional Use 12 Hotels and mMotels Uses. Hotels and motels are allowed as a are conditional use under this Chapter when adjacent to within 250 feet of residential zoned properties (R-1, R-2, R-3, MH, and LL zoning districts). All hotel and motels are required to install and operate a security and surveillance system to monitor the parking lot area and all ingress/egress points to the building/s. 13 Crematories prohibited. 14 Dog grooming. There shall be no overnight boarding of animals. All areas used for holding animals shall be located within the same building in which grooming activities take place. 15 No vehicle may be parked outside for longer than two weeks. 16 Trucking terminals. Trucking terminals shall be allowed only in light industrial (LI) and heavy industrial (HI) zoning districts and shall be further restricted to locations directly adjacent to authorized truck routes (as same are designated in section 70-231 of this Code) located in said LI and HI zoning districts. Any truck terminal operating in whole or in part as a container yard or converting to a container yard shall be restricted to heavy industrial (HI) zone only. See section 106- 746 of this chapter for additional requirements. All permitted uses in commercial and industrial zones must meet the following minimum performance standards. If requested by the enforcement officer, all applications for building permits must include a certification from a registered engineer that verifies compliance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the centerline of such street. Any light or combination of lights which casts light on residential property shall not LaPorte,Texas,CodeofOrdinancesPage70 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY exceed 0.4 footcandles (meter reading) as measured from such property. B. Radiation and electrical emissions. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. C. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. D. Dust or other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. E. Odors. The emission of odor by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. F. Explosives. No activities involving the storage, utilization, or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted except such as are specifically licensed by the city council. G. Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the following intensity in relation to sound frequency: OctaveBandFrequencyMaximumSoundLevelsDecibels CyclesperSecondLotLineResidentialDistrictBoundary 20to757863 75to1507459 150to3006855 300to6006151 600to1,2005545 1,200to2,4004938 2,400to4,8004331 Above4,8004125 Impactnoise8055 Betweenthehoursof10:00P.M.and6:00A.M.thepermissiblesoundlevelsbeyondresidential districtboundaries(bothColumnIIandImpact)shallbesixdecibelslessthanshownabove. Indistanceswhereitisdeterminedthataproposedlandusemaygeneratealevelofnoisethat willimpactonsurroundinglanduses,thePlanningandZoningCommissionandCityCouncilmay requirethateffortstoreducethepotentialnoiseimpactbeundertaken.Theseeffortsmay includescreeningandlandscapingtechniques. H.IƚǒƩƭƚŅhƦĻƩğƷźƚƓ.Hoursofoperationarelimitedfortruckstopsadjacenttoresidentialareas only.Thefacilityshallonlyoperateduringthehourof6:00a.m.to9:00p.m.andnoovernight facilitiesareallowedonthepremises. LaPorte,Texas,CodeofOrdinancesPage71 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.ΑDISTRICTS DIVISION1.GENERALLY Sec. 106-311 Visibility triangle (1) Visibility triangles are applicable to all zone districts, with the exception of the Main Street Overlay. (2) Structures, fencing, sign faces, and branches and foliage of any shrub, ground cover or tree, are not permitted within the visibility triangle. (3) The city may cause removal of any impediment that represents a traffic safety hazard within the visibility triangle. Secs. 106-312 Î 106-330. Reserved LaPorte,Texas,CodeofOrdinancesPage72 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS \[9\] DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS Subdivision I. - Generally Subdivision II. - R-1 Low Density Residential District Subdivision III. - R-2 MID Density Residential District Subdivision IV. - R-3 High Density Residential District Subdivision V. - MH Manufactured Housing District Subdivision VI. - LL Large Lot District FOOTNOTE(S): 9 --- () --- Cross reference— Sale of beer prohibited in residential areas of the city, § 6-77. (Back) LaPorte,Texas,CodeofOrdinancesPage73 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally Subdivision I. Generally Sec. 106-331. Table A, residential uses. Sec. 106-332. Interpretation and enforcement. Sec. 106-333. Table B, residential area requirements. Sec. 106-334. Special use performance standards; residential. Secs. 106-335Ï106-350. Reserved. Sec. 106-331. Table A, residential uses. P (ABC) (abc)ÏPermitted uses (subject to designated criteria established in section 106-334 (Special use performance standards; residential)). PÏPermitted uses. AÏAccessory uses (subject to requirements of (General provisions). section 106-741 CÏConditional uses (subject to requirements of sections (General conditions for all 106-216 conditional uses in all zoning districts), 106-217 (Conditions for approval), and through (Amendments) and designated criteria established in (Special 106-218 section 106-334 use performance standards; residential) as determined by the planning and zoning commission). *ÏNot allowed. Uses (SIC NAICS Code #) Zones R-1R-2R-3MHLL Agricultural production, (011Ï019 crops)P P P P P Agriculture, Forestry, Fishing and Hunting (111110-111199) Agricultural production, (027 animal specialties - breeding or sale) C * * * C Bed and breakfast as defined by section 106-1 (Definitions) (721191) C(h) C(h) C(h) * C(h) All other animal production Breeding kennels, private stock, limited to A A C C A dogs and cats, on residential large lot residential (112990) LaPorte,Texas,CodeofOrdinancesPage74 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally Pet care (except veterinary) services, limited to boarding kennels only * * * * P (812910) Uses R-1 R-2 R-3 MH LL Domestic livestock-With an existing principal structure on the property A A A A PA (cattle, horses, hogs, sheep, goats, chickens, and geese)— Single- family residential, large lot Domestic livestockÏWithout an existing principal structure on the * * * * P property (permitted in large lot district, but only if tract is one acre in size or greater) including cattle, horses, hogs, sheep, goats, chickens, and geese Industrialized housing on a permanent foundation P P P P P Single-family dwelling, detached P P P P P Single-family dwelling, special lot * P P P * Single-family dwellings, zero lot line (patio homes, etc.) * P P * * Duplexes, double bungalows (two-family dwelling units) * P P * * Townhouses/Condominium * P(I) P(I) * * Conversion of single-family dwellings to duplexes (or no more than two-* P P * * family dwellings) Tri-plexes and quadraplexes (three and four-family dwelling units) * P(I) P(I) * * Multi-family (more than four dwelling units) * * P(I) * * 3Ï4 unit multifamily dwellings * P P * * Multifamily (over 4 units) * * P * * Modular housing on a permanent foundation system section 106-1 P P P P P LaPorte,Texas,CodeofOrdinancesPage75 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally (Definitions) Manufactured housing subdivisions restricted to H.U.D. certified mobile * C(a) C(a) P(a) * homes; min. width 20 feet, min. shingled roof pitch 3:12, permanent foundation system; siding similar to surrounding residential Uses R-1 R-2 R-3 MH LL Manufactured housing subdivisions (restricted to H.U.D. certified mobile * C(a) * * * homes on permanent foundation systems) Manufactured housing parks * * * * P(F, * D) (a,d,f) Manufactured housing * * * P * Group care facilities no closer than 1,000 feet to a similar use providing * * C* * food and shelter to persons who are unrelated to the proprietor of the establishment (836 623) 3 or less persons P (j) P (j) P (j) P (j) P (j) 4 or more persons P (k)P (k) P (k) P (k) P (k) Childcare home in private home (services no more than 6) P P P P P Daycare centers (services more than 6) (835 624410) * P P P * Freestanding on-premises identification sign; townhouses, multi-family See article VII of this chapter developments, group care facilities (not located within a residential neighborhood), subdivisions, education and religious facilities Residential PUD (refer to section 106-636 (Planned unit development * C C C * procedures) Public parks and playgrounds P P P P P Recreational buildings and community centers (832) C P P P C LaPorte,Texas,CodeofOrdinancesPage76 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally Religious institutions (866 813110) C P(ABP(ABP(AC ) ) B) Public or private educational institutions limited to elementary, junior and C P P P C senior high (8211 611110) Junior colleges and technical institutes (8222 611210 and 6115) * C P * * Boarding homes (7021 721310) * P P * * Uses R-1 R-2 R-3 MH LL Civic, social and fraternal organizations (8641 8134) * * C * * Convalescent homes, sanitarium, nursing or convalescent homes (805) * * P * * Private garages, carports and off-street parking (associated with A A A A A residential uses) Storage of equipment behind a screening device (permitted in large lot A A A A P district, but only if tract is one acre in size or greater) Storage of recreational vehicles or boats A A A A A Storage of equipment in an accessory building or behind a screening A A A A A device Home occupations A A A A A Noncommercial greenhouses A A A A A Noncommercial recreation facilities associated with residence A A A A A Noncommercial toolhouses, barns, sheds, storage buildings (associated A A A A P with residence, except in large lot district for tracts one acre in size or greater) LaPorte,Texas,CodeofOrdinancesPage77 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally Boarding or renting of rooms (1 person max.) A A A A A Off-street loading (refer to section 106-840 (Off-street loading * * * * * requirements) Off-street parking (refer to See article VI of this chapter) A A A A A Petroleum pipelines (restricted to existing pipeline corridors) P P P P P Residential density bonus, as provided in section 106-334(g) (Density C C C C C bonus) Secondary dwelling units C P P * C Yard Parking, as defined by section 106-334 (e) (Compatible alterations * * * * * and adequate parking) (Ord. No. 1501-JJ, § 6, 10-14-02; Ord. No. 1501-T4, § 6(Exh. F), 10-24-05; Ord. No. 3453, § 2, 12- 10-12) Sec. 106-332. Interpretation and enforcement. Property uses, except as provided for by section 106-331, (Table A, residential uses) are prohibited and constitute a violation of this chapter. Sec. 106-333. Table B, residential area requirements. (a) Table B, residential area requirements. Minimum MinimumMinimumMaximumMinimumMinimum Maximum Uses 8 Lot Lot Yard Height Site Development Lot Area/D.U. Width SetbacksArea/UnitOpen Space/ Coverage/ 16 15 S.F. L.F. L.F. S.F. Unit S.F. Minimum Landscaping 7, 16 F.R.S. 17 Required 2, 3, 4, 5, 6, 9, 18,19 10, 11, 12, 13, 14, 15 LaPorte,Texas,CodeofOrdinancesPage78 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally Single-family 6000 50 25-15-5 35 Ft. 9100 Ï 40%/N/A detached 4.8 DU/A Single-family large lot 43560 90 25-15-5 45 Ft. 43560 Ï 40%/N/A 1.0 DU/A Single-family special 4500 40 20-10-0 35 Ft. 7300 Footnote 60%/N/A lot line, 0 lot line 6.0 # 1 DU/A Duplexes 6000 60 25-20-2045 Ft. 8.0 Footnote 60%/N/A DU/A # 1 Single-family 6000 50 20-10-5 35 Ft. N/A N/A 50%/N/A converted to multifamily Townhouses, 2000 20 25-20-2045 Ft. 4400 Footnote 75%/25% quadraplexes (10,000 10.0 # 1 s.f of site area 100 ft. DU/A wide) Multifamily 20000 100 25-20-2045 Ft. 1600 Footnote 60%/25% 14 # 1 DU/A Manufactured 4500 40 20-10-5 25 Ft. 7300 Footnote 60%/6% housing 6.0 # 1 DU/A Manufactured 100 of N/A N/A N/A N/A N/A/N/A housing subdivision front or parks (5 acre min.) road frontage Group care facilities 25-20-1025 Ft. N/A N/A N/A/6% (less than 6) and day care homes LaPorte,Texas,CodeofOrdinancesPage79 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally State Licensed & Registered Child-care 6000 50 25-15-5 35 Ft. 9100 40% / N/A homes (Max. 12 in 4.8 DU/A private home; per TX Dept. of Family & Protective Services, Ch. 747) Group care facilities Î 6000 50 25-15-5 35 Ft. 9100 N/A 40% / N/A 3 or less persons 4.8 DU/A Public or private 30-20-1045 Ft. N/A N/A N/A/6% educational and religious institutions, large group care facilities, daycare centers, recreational buildings, boarding, and nursing homes Freestanding on-See article VII of this chapter premises signs Large lot district See section 106-416 (Special Rregulations) where tract is one acre in size or greater (without existing principal structure) Accessory structure/domestic livestock Table B footnotes. 1 Lot Size Required Developed Open Space/Lot 5000Ï6000 Sq. Ft. 200 Sq. Ft. LaPorte,Texas,CodeofOrdinancesPage80 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally 4000Ï4999 Sq. Ft. 300 Sq. Ft. 3000Ï3999 Sq. Ft. 400 Sq. Ft. 2000Ï2999 Sq. Ft. 500 Sq. Ft. a. Minimum size of developed open space: One-half acre for every 80 units or fraction thereof. For multifamily residential developments: (i) Minimum of 25 percent of the total development regardless of size of development. For townhouse/quadraplex developments: (ii) 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 (Property controls), 106-677 (Public services), 106-678 (Building height), and through 106-679 (Roadways), 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.) Aminimumlandscapesetbackof20feetwillberequiredadjacenttoallconservationareas. 2 Buildings,parkingareas,andrefusecontainerswillnotbeallowedinsuchsetbackarea.Theseareasare tobelandscapedwithtrees,shrubs,andgroundcover,withaplantingplanrequiredtobesubmitted andapprovedbytheenforcementofficer. 3 Theminimumsetbackadjacenttoanyutilityeasementlocatedinarearyardshallbethreefeet.No portionofanybuildingincludingprojectionsofanynatureshallencroachintoanyutilityeasementor verticalprojectionoftheeasementboundary. 4 Whereadjacentstructureswithinthesameblockhavefrontyardsetbacksdifferentfromthose required,thefrontyardminimumsetbackshallbetheaverageoftheadjacentstructures.Ifthereisonly oneadjacentstructure,thefrontyardminimumsetbackshallbetheaverageoftherequiredsetback andthesetbackofonlyoneadjacentstructure.Innocaseshalltheminimumfrontyardsetbackexceed 30feet. 5 AllsideyardsadjacenttopublicR.O.W.'snotclassifiedasfreeway,arterialorcollectormustbeten fivefeetexceptaccessorybuilding(seeSection106741).Allsideyardsadjacenttopublicw͵h͵‘͸ƭ classifiedasfreeway,arterialorcollectormustbe10feet. 6 Inthecaseofzerolotlinehousing,thesidesetbackoppositethezerolotlinemustbetenfeet. 7 D.U.A.isanabbreviationfordwellingunitsperacre,orthemaximumdensitypermitted. Allstructuresexceptslabongrade,shallbeplacedonafoundationsystemdescribedas:Anassembly 8 ofmaterialsconstructedbeloworpartiallybelowgrade,notintendedtoberemovedfromits installationsite,whichisdesignedtosupportthestructureandengineeredtoresisttheimpositionof externalforcesasdefinedbytheStandardBuildingCode,/źƷǤ͸ƭCodeofOrdinancesorinthecaseof industrializedhousing,therequirementsoftheTDLS.Suchfoundationsystemshallbeskirtedor enclosedwithwoodormasonrytogivetheappearanceofasolidfoundation,ifoneisnotprovided, LaPorte,Texas,CodeofOrdinancesPage81 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally compatiblewiththeappearanceofadjacenthousing,andsubjecttotherequirementsoftheSouthern BuildingCode./źƷǤ͸ƭCodeofOrdinances. 9 SeearticleV,Division4ofthischapterforadditionalrequirements. 10 Nosignshallbelocatedinasighttrianglesoastoobstructtrafficvisibilityatalevelbetweenthree feetandsixfeetasmeasuredaboveadjacentroadgrade. 1110 Inthecaseofmultifamilyresidentialdevelopmentswith50ormoreunits,saidcomplexesmustbe locatedatleast1,000feetfromothermultifamilyresidentialdevelopmentsof20ormoreunits. 1211 Withinthebuildingsetback,theremustbeatenfootopaquescreenconsistingofshrubsand fencing.(Seesection106334(i)(Additionalmultifamilyregulations)forscreeningandfencing requirements.) 1312 Residentialdevelopmentsthataretownhouses,quadruplexes,ormultifamilydwellingunitsmust haveaminimumof25percentlandscaping. 1413 Multifamilyresidentialdevelopmentsadjacenttosinglefamilyresidentialdevelopmentsmust establisha25footbufferbetweenthetwodevelopments.Thisbufferisinadditiontothesetbackas establishedbythistable. 1514 Inthecaseofmultifamilyresidentialdevelopments,nooffstreetparkingshallbeplacedwithinthe requiredsetback,orwithintherequiredadditional25footbufferwhenthedevelopmentissituated adjacenttoasinglefamilyresidentialdevelopment.Thespaceneededtomeettherequiredparking spacesshallbeexclusiveoftherequiredsetbackandtheadditionalbuffer. 1615 Inthecaseofmultifamilyresidentialdevelopmentsbeingadjacenttosinglefamilyresidential developments,thebuildingswithinthemultifamilyresidentialdevelopmentsthataredirectlyadjacent tothesinglefamilyresidentialdevelopmentshallbelimitedtotwostoriesinheight.Buildingswithin theinteriorofthemultifamilyresidentialdevelopmentsmaybethreestoriesinheight. 1716 Multifamilyresidentialdevelopmentscannotexceed180dwellingunits. Seesection106334(i)(3)foropenspaceutilizationcriteria. 1817 1918 Followingstructuresexemptedfrom40percentlotcoverageonsinglefamilydetached:Accessory buildings200s.f.orlessandpatiocoversupto900s.f. 2019 Maximumlotcoverageforsinglefamilydetachedinplannedunitdevelopment(PUD)zoning districtorresidentialsubdivisionsrequiringadetention/drainagesystem,shallbe50percent. (Theimperviouscoverfactorof55percentforthetotalsitefordrainage,asprescribedinPICM, remainsineffect.) (Ord. No. 1501-JJ, § 6, 10-14-02; Ord. No. 1501-LLLL, § 6(Exh. F), 4-25-05; Ord. No. 1501-T4, § 6(Exh. F), 10-24-05; Ord. No. 3242, § 1, 4-26-10; Ord. No. 3453, § 3, 12-10-12) LaPorte,Texas,CodeofOrdinancesPage82 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally Cross reference— Contents of mobile home park plans, § 98-92; minimum area requirements for mobile home parks, § 98-95; location of mobile homes with respect to property lines and public streets, § 98-99. Sec. 106-334. Special use performance standards; residential. (a) Landscape buffersScreening. (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. Refer to 106- 443(a) (Screening) for requirements. (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. (32) Screening will be required in the following situations: a. Parking areas for recreational buildings, community centers, religious, multifamily over four, and private and public educational institutions. b. Manufactured housing parks and subdivisions screened from abutting uses. (43) 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 a 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 and manufactured housing parks. (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 unpaved required front yard. Any exterior alterations must be compatible with the existing structure, and the surrounding neighborhood. LaPorte,Texas,CodeofOrdinancesPage83 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally (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 B, 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. (18) Perimeter fences required: Minimum six feet in height, opaque material. (g) Residential Ddensity bonus. Within single-family residential developments, 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 LaPorte,Texas,CodeofOrdinancesPage84 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally (1) Major outdoor recreational facilities such as swimming pools, tennis courts or 250 square feet similar facilities requiring a substantial investment. (2) Designation of developed open space for semipublic use adjacent to designated 100 square feet public greenway corridors equal to an additional 100 square feet per unit. (3) All required developed open space must be operated and maintained by a homeowners association, subject to the conditions established in sections 106-676 (Property controls), 106- 677 (Public services), 106-678 (Public services), and 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 subdivision 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 (Definitions) and 106-744 (Bed and breakfast)): (1) Bed and breakfast shall be operated in accordance with the bed and breakfast and home occupation requirements of section 106-749 (Home occupation). (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 multifamily regulations. (1) Screening. A ten-foot opaque screen consisting of a combination of shrubs, fencing, and/or masonry wall must be created between multifamily residential developments adjacent to single- family residential developments. a. Location. The required screen shall be located within the first ten feet of the building setback adjacent to the single-family residential district. b. Planting. At the time of planting, the shrubs must be between four to six feet tall and create an opaque screen within one growing season. i. All shrubs must be approved by planning department officials. (2) Fencing. Every multifamily development within the city shall have a perimeter fence located along all sides abutting or facing the right-of-way, as well as along all sides abutting or facing single-family residential developments. a. Construction, maintenance of fence or wall. Every fence or wall herein shall be constructed and maintained as follows: i. All fences shall be constructed of wood, masonry, or wrought iron. ii. All fences or walls shall extend downward to within three inches of the ground and shall test plum and square at all times. LaPorte,Texas,CodeofOrdinancesPage85 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally iii. All fences or walls shall be constructed in compliance with all applicable provisions of the building codes of the city. b. Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to permit reasonable access to said multiple-family development shall be equipped with a gate or gates, constructed and maintained in accordance with the requirements for a fence or wall set forth in this section. (3) Recreational areas, facilities, and open space. a. The open space requirements for townhouses, quadruplexes and multifamily developments shall include a combination of the following: i. Trails, ii. Playgrounds (except in the case of "Senior Only" developments), iii. Clubhouses, and/or iv. On-site detention pond areas (Playgrounds are not to be located in the detention pond areas.). (4) Controlled access gates, if utilized: a. Shall be constructed set back from the street far enough to prevent traffic congestion from any vehicle traveling on the right-of-way adjacent to such controlled access gate, and b. Must provide 24-hour access to emergency vehicles, including fire department, EMS, police department and utility company vehicles. (j) Group care facilities (aka community homes, residential personal care homes, living centers, assisted living centers and similar uses as identified in NAICS group #623 (Nursing and Residential Care Facilities). (1) Location: Facilities, in compliance with the Texas Human Resources Code (Ch. 123 and 105), Administrative Code (Ch. 92) and Health & Safety Code (Ch. 247, shall be permitted as a use- by-right in R-1 Low Density Residential, R-2 Mid Density Residential, R-3 High Density Residential, MH Manufactured Housing and LL Large Lot Districts. (2) Distance Requirement: Group care facilities shall not be closer than 1,000 feet to a similar use (NAICS group #623). Measurement shall be from the nearest boundary of the sites on which they are located. (3) Signage: Group care facilities located within a residential neighborhood shall be allowed to have one (1) sign not exceeding two (2) square feet in area, non-illuminated and mounted flat against the wall of the principal building. (4) Visual Compatibility: There shall be no change in the outside appearance of the building or premises. No structural alterations shall be permitted that will cause the group care facility to be substantially distinguishable from other surrounding residential properties. (5) Registration Requirement: Facilities providing food & shelter to three (3) or less persons, who are unrelated to the proprietor of the establishment, shall comply with all city regulations and register their facility with the City annually by obtaining a Group Care Facility Certificate. The certificate cost shall be at the rate established in Appendix A, fees, of this Code, shall expire on stth December 31 of each year. Such fee shall be payable to the City on or before December 15 for the next succeeding calendar year. The fee provided for in this article shall not be subject to proration or reduction for payment for a period of less than twelve (12) calendar months. LaPorte,Texas,CodeofOrdinancesPage86 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionI.Generally Operation of a facility without first having obtained the required certificate shall be deemed a violation of this article. (6) Payment of Taxes: All ad valorem taxes on any and all property, personal or real, necessary to the operation of the facility must be paid prior to the issuance or renewal of the certificate. (7) Display of Certificate: Every facility so registered shall display an active certificate in a conspicuous place, within the facility common area, so as to be easily seen by the public. (8) Access to the Facility: City personnel shall have the right-of-entry to ensure safe habitability and public safety. City personnel shall advise on-site facility personnel of the purpose of their visit. (9) Annual Inspection: The Fire MarshalÓs Office shall perform a minimum of one (1) annual inspection for each group care facility. Facilities shall comply with all applicable city codes, ordinances, policies and regulations. (k) Facilities shall be in compliance with the Texas Human Resources Code (Ch. 123 and 105), Administrative Code (Ch. 92) and Health & Safety Code (Ch. 247). To ensure compliance with state regulations, a copy of the facilityÓs active State license shall be provided to the City, when requested by staff. (Ord. No. 1501-X, § 5, 12-16-96; Ord. No. 1501-JJ, § 6, 10-14-02; Ord. No. 2009-3173, § 1, 8-24-09) Cross reference— Construction or expansion plans for mobile home parks requirements, § 98-91. Secs. 106-335—106-350. Reserved. LaPorte,Texas,CodeofOrdinancesPage87 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionII.R1LowDensityResidentialDistrict Subdivision II. R-1 Low Density Residential District Sec. 106-351. Purpose. Sec. 106-352. Permitted, accessory, and special conditional uses. Sec. 106-353. Density/intensity regulations. Sec. 106-354. Special regulations and procedures. Secs. 106-355Ï106-370. Reserved. Sec. 106-351. Purpose. (a) The R-1 low density residential district is the most restrictive district. (b) The principal use of land in this district is for low density, single-family detached dwellings and related recreational, religious and educational facilities normally required to provide the elements of a balanced, orderly, convenient and attractive residential area. The following regulations shall apply to all R-1 districts. Sec. 106-352. Permitted, accessory, and special conditional uses. Refer to Table A, residential, section 106-331 (Table A, residential uses). Sec. 106-353. Density/intensity regulations. Refer to Table B, residential, section 106-333 (Table B, residential area requirements). Sec. 106-354. Special regulations and procedures. Refer to articles IV, V, VI and VII of this chapter. Secs. 106-355—106-370. Reserved. LaPorte,Texas,CodeofOrdinancesPage88 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionIII.R2MIDDensityResidentialDistrict Subdivision III. R-2 MID Density Residential District Sec. 106-371. Purpose. Sec. 106-372. Permitted, accessory and special conditional uses. Sec. 106-373. Density/intensity regulations. Sec. 106-374. Special regulations and procedures. Secs. 106-375Ï106-390. Reserved. Sec. 106-371. Purpose. The R-2 mid density residential district is intended to provide for medium density, single-family attached or detached dwellings and multiple-family dwellings which may have a relatively intense concentration of dwelling units served by open spaces and other common areas. The district also provides the religious, recreational and educational uses normally associated with residential areas. The following regulations shall apply in all R-2 districts. Sec. 106-372. Permitted, accessory and special conditional uses. Refer to Table A, residential, section 106-331 (Table A, residential uses). Sec. 106-373. Density/intensity regulations. Refer to Table B, residential, section 106-333 (Table B, residential area requirements). Sec. 106-374. Special regulations and procedures. Refer to articles IV, V, VI and VII of this chapter. Secs. 106-375—106-390. Reserved. LaPorte,Texas,CodeofOrdinancesPage89 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionIV.R3HighDensityResidentialDistrict Subdivision IV. R-3 High Density Residential District Sec. 106-391. Purpose. Sec. 106-392. Permitted, accessory, and special conditional uses. Sec. 106-393. Density/intensity regulations. Sec. 106-394. Special regulations and procedures. Secs. 106-395Ï106-410. Reserved. Sec. 106-391. Purpose. The R-3 high density residential district is the highest density residential district. Its principal purpose is to provide a wide variety of dwelling types including single-family dwellings, multiple-family dwellings, garden apartments, condominiums and townhouses. It provides the religious, recreational and educational uses normally associated with residential areas. The following regulations shall apply in all R- 3 districts. Sec. 106-392. Permitted, accessory, and special conditional uses. Refer to Table A, residential, section 106-331 (Table A, residential uses). Sec. 106-393. Density/intensity regulations. Refer to Table B, residential, section 106-333 (Table B, residential area requirements). Sec. 106-394. Special regulations and procedures. (a) Refer to articles IV, V, VI and VII of this chapter, and refer to section 106-5334(i). (b) All multifamily 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 LaPorte,Texas,CodeofOrdinancesPage90 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionIV.R3HighDensityResidentialDistrict 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, culs-de-sac, 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 culs-de-sac 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. (c) Points of entry/exit: All multi-family developments shall contain a minimum of two points of entry for ingress and egress of vehicle traffic from adjacent public rights-of-way and thoroughfares. (Ord. No. 1501-JJ, § 6, 10-14-02) Secs. 106-395—106-410. Reserved. LaPorte,Texas,CodeofOrdinancesPage91 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionV.MHManufacturedHousingDistrict Subdivision V. MH Manufactured Housing District Sec. 106-411. Purpose. Sec. 106-412. Permitted, accessory, and special conditional uses. Sec. 106-413. Density/intensity regulations. Sec. 106-414. Special regulations. Sec. 106-415. Other regulations. Sec. 106-411. Purpose. (a) The MH manufactured housing district is intended to provide for manufactured housing communities, (parks, subdivisions, or condominiums). Within such developments, manufactured housing communities (with such additional uses and occupancies as are permitted herein) may be established subject to the requirements and limitations set forth in these and other regulations. Other residential and supporting uses may also be permitted in such districts. (b) It is intended that such manufactured housing communities shall be so located, designed, and improved as to provide a desirable residential environment, protection from potentially adverse neighboring influences, protection for adjacent residential properties, access for vehicular traffic without traversing minor streets in adjoining residential neighborhoods, and accessibility equivalent to that for other forms of permitted residential development to public facilities, places of employment, and facilities for meeting commercial and service needs not met within the manufactured housing community. Sec. 106-412. Permitted, accessory, and special conditional uses. Refer to Table A, residential, section 106-331 (Table A, residential uses). Sec. 106-413. Density/intensity regulations. Refer to Table B, residential, section 106-333 (Table B, residential area requirements). Sec. 106-414. Special regulations. Refer to articles IV, V, VI and VII of this chapter. Sec. 106-415. Other regulations. Refer to city Development Ordinance Number 1444 on file in the city secretary's office and chapter 98. LaPorte,Texas,CodeofOrdinancesPage92 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionVI.LLLargeLotDistrict Subdivision VI. LL Large Lot District Sec. 106-416. Special regulations. Secs. 106-417Ï106-440. Reserved. Sec. 106-416. Special regulations. (a) Minimum lot size: 1 Acre (b) Minimum lot width: 90 L.F. (c) Minimum yard setbacks (F.R.S.): 25-15-5 (d) Maximum height of primary 45 feet structure: (e) Minimum site area/unit: 1 DU/A (f) Maximum lot coverage: 40% (g) Accessory buildings: 5,000 sq ft See Section 106-741 (e)(2) (General provisions) (h) Maximum height of accessory 35 feet buildings: (i) Accessory building setbacks: 10 property line20 other structures See Section 106-741 (e)(2) (General provisions) (j) Number of accessory buildings: Up to 40% coverage (k) Placement of accessory Rear & side yards buildings: (l) Number of animals: Section 106-742 (Domestic livestock) (m) Detached garage: 6 (rear) of Primary Bldg. (n) Carports width: Max. 25 front/side yard LaPorte,Texas,CodeofOrdinancesPage93 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION2.RESIDENTIALDISTRICTREGULATIONS SubdivisionVI.LLLargeLotDistrict (o) Equipment storage: Section 106-741(h) (General provisions) (p) Exterior storage: Section 106-773 (Exterior storage) (q) Shipping containers: Not allowed (r) Street openings: Asphalt/open ditch (s) Driveways (12): First 40 dust free (t) Driveways (20): First 20×20 dust free (s) Driveways (General): Service 1 one residence only; 20 foot maximum width (t) Public utilities (water): Tap public ROW only (u) Public utilities (sewer): Tap public ROW only (v) Fire hydrant (coverage): 500 from residence (w) Fire hydrant (placement): Public waterline only (x) Animal breeding: Conditional (Requires SCUP from the City) (FFA & 4H) (Ord. No. 1501-T4, § 6(Exh. F), 10-24-05) Secs. 106-417—106-440. Reserved. LaPorte,Texas,CodeofOrdinancesPage94 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS SubdivisionI.Generally DIVISION 3. COMMERCIAL DISTRICT REGULATIONS Subdivision I. - Generally MU Subdivision II. - CR Commercial Recreation DistrictMixed Use District Subdivision III. - NC Neighborhood Commercial District Subdivision IV. - GC General Commercial District Subdivision V. - Main Street District With Overlay Subdivision I. Generally Sec. 106-441. Table A, Commercial Use Sec. 106-442. Interpretation and enforcement. Sec. 106-443. Table B, commercial area requirements. Sec. 106-444. Special use performance standards. Secs. 106-445Ï106-460. Reserved. Sec. 106-441. Table A, Commercial uses. Refer to Section 106-310, Table A, Commercial and Industrial Uses P (ABC) Ï Permitted uses (subject to designated criteria established in section 106-444). P Ï Permitted uses. A ÏAccessory uses (subject to requirements of section 106-741). 106-216 through 106-218 and designated C Ï Conditional uses (subject to requirements of sections section 106-444). criteria established in * Ï Not allowed. Uses (SIC Code #)Zones CR NC GC MS 1 All uses permitted or/accessory in R-3 zone, except single-family detached and P P P LaPorte,Texas,CodeofOrdinancesPage95 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS SubdivisionI.Generally special lot, duplexes, quadruplexes, townhouses, and multifamily 3 Single family detached * * * P All conditional uses in R-3 zone * C C C Agricultural service (076Ï078) * * P P Amusements (791Ï799) C * P P 2 Amusement (7993)C * P P Antique and used merchandise stores (5932) * P P P Arrangements for passenger transport (472) * * P P 2 Arrangement for shipping and transport (473) * * P P Apparel and accessory stores (561Ï569) C * P P Automotive dealers and service stations (551, 552, 553, 555Ï559) * * P P Automotive repair, services (751Ï754) * * P P Banking (601Ï605) * * P P Building constructionÏGeneral contractors (152Ï161) * * P P Building constructionÏSpecial trade contractors (171Ï179) * * P P Building materials, garden supply (521Ï523, 526Ï527) * * P P Business services (731, 732, 736Ï738) * * P P Business services (7359) * * P P (A, B, C, D) LaPorte,Texas,CodeofOrdinancesPage96 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS SubdivisionI.Generally Civil, social and fraternal organizations, (8641) C C C C Communications (481Ï489) * * P P Convenience stores (5411) * P P P Credit agencies (611Ï616) * * P P Dog grooming * * P(H) P Drugstores (591) * P P P Eating and drinking places (5813) C * P P Eating places (5812) C P P P Electric, gas and sanitary services (491, 4923, 493, 494, 4952) * P P P Engineering, architectural, accounting services (871Ï872) * P P P Food stores, general (541, 542, 544, 545, 549) * * P P Freestanding on-premises signs. See article VII of this chapter Governmental and public utility buildings (911Ï922, 9631, 4311) C * P P Grocery, fruit and vegetable stores (542, 543) * P P P Hardware stores (525) * P P P Home furnishing stores (571Ï573) * * P P 44 Hotels and motels (701, 7032, 704) C * P P Hospitals, laboratories (806Ï809) * * P C Insurance, real estate, legal, stock and commodity brokers, agents (641Ï679) * P P P LaPorte,Texas,CodeofOrdinancesPage97 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS SubdivisionI.Generally Laundry (plants) (7216Ï7219) * * P * Membership organizations (861Ï869) * * P C Miniwarehousing (4225) * * C * Misc. retail (592, 593, 5948, 596Ï599, 5399) C * P P Misc. repair services (762Ï764) * P P P Misc. shopping (5941Ï5947, 5949, 5992Ï5994) C P P P Misc. shopping (5995, 5999) C * * P Motion picture theaters (7832) * * P P Museums, art galleries (841Ï842) C * P P Offices for doctors, dentists, etc. (801Ï805) * P P P Passenger transportation (411Ï415) * * P P Personal services (7211Ï7215, 722Ï729) * P P P Recreational buildings and community centers C P P P Reproduction, photography, and cleaning services (733Ï734) * P P P Repair services (7699) (except tank truck cleaning) * * P P Retail bakeries (546) * P P P Securities and insurance (621Ï639) * * P P Service stations (554) * P P Service stations, excluding truck stops (554) C * P P LaPorte,Texas,CodeofOrdinancesPage98 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS SubdivisionI.Generally Underground pipelines (461) * P P P Veterinary services (0742) * P P P Video rental and sales shop * P P P Parking ramps and structures C P P C Commercial PUD (Refer to section 106-636 * C C C Outdoor sales as a primary or accessory use * * P(C, G)P Outdoor storage as a primary or accessory use C * P(B) P Off-site parking C C C C Off-street loading C C C C Joint parking C C C C Drive-in or drive through facilities as an accessory or principle use C C C C Kennels, boarding (0752) * * C C Kennels, breeding (0279) * * C C Unlisted uses, similar to uses listed above C C C C 1 Within the overlay portion, residential activities are only allowed above the first floor. 2 Refer to chapter 10 of this Code. (Must be at least 300 feet from church, school or hospital.) 3 Single family detached prohibited in main street overlay zone, but permitted in main street district. 4 Hotels and motels are a conditional use under this chapter when adjacent to residential zoned properties (R-1, R-2, and R-3 zoning districts). (Ord. No. 1501-JJ, § 7, 10-14-02; Ord. No. 1501-AAAA, § 6, 10-11-04; Ord. No. 1501-MMMM, § 6(Exh. F), 4-25-05; Ord. No. 1501-X5, § 6(Exh. F), 7-23-07) LaPorte,Texas,CodeofOrdinancesPage99 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS SubdivisionI.Generally Sec. 106-442. Interpretation and enforcement. Property uses, except as provided for by Section 106-310 (Table A, commercial & industrial uses) -441, Table A, are prohibited and constitute a violation of this chapter. section 106 Sec. 106-443. Table AB, commercial area requirements. (a) Table AB, Commercial area requirements. Uses Minimum MaximumMinimum Adjacent toMaximum Bldg. Landscaping Lot Yard ResidentialHeight Design 98 Requirementsd CoverageSetbacks Minimum (feet) Standards F.R.S. Yard 1, 3, 4, 6, 7 Setback F.R.S. 2, 6 5 R-3 uses (permitted) 6% 5% Density Iintensity Rregulations Sspecified in except residential Table B, area requirements, section 106-333 9 single-family, (Table B, residential area requirements) detached and special lot, duplexes, quadruplexes, townhouses, and multifamily CR Comm. Recreation Dist.; all permitted or conditional 59 NC Neighborhood 6% 5% 50% 20-10-0 20-10-10 N/A Design 8 Comm.; all permitted Guidelines or conditional 9 GC General Comm.; 6% 40% 20-10-0 20-20-10 N/A 100% all permitted or masonry 5 % up to one conditional acre Î four foot Design 8 minimum frontageGuidelines 5 7.5 % one acre Î LaPorte,Texas,CodeofOrdinancesPage100 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS SubdivisionI.Generally 10 acres Î 10 foot minimum frontage 5 10 % - greater than 10 acres Î 25 foot minimum 5 frontage Outside sales or N/A N/A 5-5-5 Same as N/A services principale 2 5% use Outside storage N/AN/A 20-10-5 Same as N/A principal See section 106-See use 444(b) (Special section use performance 106-444(b) standards) Freestanding on-See article VII of this chapter premises signs Freestanding on-See article VII of this chapter premises signs located in controlled access highway corridors MU, Mixed Use; all permitted or conditional: Single family N/A 60% 15 min to N/A 35 N/A detached residential 25 max- uses 10-5 Commercial and/or 5% - four foot 60% 15 min to N/A 35 Design 7 mixed residential and minimum frontage 25 max-Guidelines 5 commercial 10-5 Main Street 6% 60% *-20-5 *-0-0 N/A TBD 36 Design LaPorte,Texas,CodeofOrdinancesPage101 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS SubdivisionI.Generally 7 5 % - four foot Guidelines minimum 5 frontage Main Street Overlay N/A 80% 84%0-20-0 N/A TBD 36 Design 7 Guidelines (b) Footnotes to Table 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. A planting plan is required to be submitted and approved by the enforcing officer. These areas are to be landscaped with trees, shrubs, and groundcover. Required landscaping must be maintained by the property owner and/or occupant. 2 Screening is required in conformance with section 106-444(a) (Special use performance standards). 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 Additionally, reference section 106-800 (Landscaping). 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. 7 a) Refer to Article IX for design guidelines. b) *Within the Main Street District, excluding those principal structures in the Overlay, the front yard is the average of the existing structures on that side of the street on the same side of the street or the setback of the closest structure on an adjacent lot. This applies to the primary structure only. Any accessory buildings must be a minimum of six feet from the main structure, but may be zero feet from any lot lines. Within the Main Street District and Overlay, maximum height is yet to be determined. 8 a) Minimum exterior wall standards shall be 100 percent masonry or glass. Front and side walls, which may be seen from any public thoroughfare, excluding doors, windows, and window walls, shall be constructed of brick, stone, masonry, or pre-cast concrete panels. Refer to Article IX for design guidelines. b)Existing buildings shall also conform to this requirement upon expansion of over one-third of an area of improvement/development. c) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50 percent of the value (replacement cost by the certified appraisal) the structure shall conform to these above requirements. LaPorte,Texas,CodeofOrdinancesPage102 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS SubdivisionI.Generally d)These provisions shall apply to all new developments and buildings located adjacent to and along the following thoroughfares, roadways, and collector streets: State Highway 146; State Highway 225; Fairmont Parkway; West Main Street; Spencer Highway; Barbour's Cut Boulevard; North and South Broadway Streets (Old Highway 146); Underwood Road; Bay Area Boulevard; Sens Road; Canada Road; and East Main Street. The following are exempt from the above requirements, unless otherwise required by applicable building codes. i) Any pre-existing building that contains a single business or multiple businesses and has a footprint of over 50,000 square feet. ii) Multiple pre-existing buildings and/or multiple pre-existing businesses on a single site or parcel of land. iii) Existing shopping centers and business parks. iv)Franchise business with an established theme. 9 Maximum allowable height is 30 feet for structures within all commercial zoned properties, (including R-2 and R-3 uses therein), when the proposed building is located within 120 feet of the property line for any R-1 and LL zoned properties is 30 feet. (Ord. No. 1501-X, § 5, 12-16-96; Ord. No. 1501-JJ, § 7, 10-14-02; Ord. No. 1501-AAAA, § 6, 10-11- 04; Ord. No. 1501-FFFF, § 7(Exh. F), 2-28-05; Ord. No. 1501-K-5, § 6(Exh. F), 12-11-06; Ord. No. 1501-C6, § 6(Exh. F), 5-19-08) Sec. 106-444. Commercial Special use performance standards. (a) Required sScreening. Screening is required when located adjacent to a residential zone district. No buildings or refuse containers shall be placed in such areas. One of the following screening options is required: (1) Landscape buffer a. Minimum four-foot wide planting strip is required adjacent to any adjacent residential property. b. Plantings shall consist of a combination of shade trees and low evergreen shrubs. c. Shrub planting shall be a minimum of four feet in height at the time of planting and must reach a height of six feet within two years. d. There shall be at least one shade tree planted for every 20 linear feet in accordance with the size requirements in Section 106-800 (Landscaping). e. The number and density of plantings shall be sufficient to provide a minimum 6-foot high solid screen within two years of normal growth. f. The landscape buffer is required to be maintained by the property owner and/or occupant in such a manner as to meet these requirements. (2) Fence buffer a. A minimum four-foot wide planting strip is required adjacent to any adjacent residential property. LaPorte,Texas,CodeofOrdinancesPage103 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS SubdivisionI.Generally b. Fence must be a minimum of six feet in height and constructed of solid wood, masonry or other material approved by the Director of Planning and Development. c. One shade tree is required to be planted for every 20 linear foot in accordance with the size requirements in Section 106-800 (Landscaping). (1) Planting strip. A planting strip shall consist of evergreen groundcover, and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures or other use. Such planting strip shall not be less than six feet in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet of the required screen. (2) Landscaping Standards. a. Width of planting strip: Four feet. b. Type of planting: Evergreen. c. Size of plants: Minimal height of four feet at time of planting. Must reach a height of six feet within two years. d. Planting density: Such that within two years of normal growth, a solid screen will be formed to a height of at least six feet above adjacent grade. e. Required landscaping: Required landscaping must be maintained by the property owner and/or occupant. (3) Screening. 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) Screening as landscaping. Required screening will notcount toward the required percentage of landscaping. (b) Outdoor storage. Open and outdoor storage as an accessory or principal use provided that: (1) The area is screened from view of neighboring residential uses or an abutting residential district in compliance with section 106-444(a) (Special use performance standards). (2) Storage is screened from view from the public right-of-way in compliance with section 106- 444(a) (Special use performance standards). (3) Storage area is grassed or surfaced to control dust. (4) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with section 106- 310 footnote A (Lighting and glare). section 106-521(c), footnote A. (c) Outdoor sales/service. Open or outdoor service, sale and rental as a principal or an accessory use and including sales in or from motorized vehicles, trailers, or wagons provided that: (1) Accessory outside service, sales and equipment rental connected with a principal use is limited to 30 percent of the gross floor area of the principal use. (2) Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with section 106-444(a) (Special use performance standards). LaPorte,Texas,CodeofOrdinancesPage104 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS SubdivisionI.Generally (3) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with section 106- 310 footnote A (Lighting and glare). section 106-521(c), footnote A. (4) A landscape buffer shall be maintained between all outdoor sales and service areas and adjacent public rights-of-way. Landscape buffers shall be designed in accordance with the requirements of section 106-444(g). Article V, Division 4 (Fencing and Landscaping Requirements). (d) 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 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 a minimum of conflict with through traffic movements, and shall be subject to the approval of Director of community Planning and Development. Vehicular ingress lanes shall be large enough to accommodate peak use on the same lot without requiring the stopping or waiting of vehicles on public right-of-ways. Ingress lanes shall be from the least heavily travelled street wherever possible. (e) Off-site parking. (1) Any off-site parking which is used to meet the requirements of this chapter shall be required to meet the following conditions: a. Such off-site parking shall comply with all parking standards stated in this chapter, including Article VI (Off-street parking). b. Reasonable access from off-site parking facilities to the use served shall be provided. c. Such off-site parking shall be within 300 feet of the use served. (2) Any use which depends upon off-site parking to meet the requirements of this chapter shall maintain the minimum number of required parking spaces or cease operation and use until such time as there is full compliance with the requirements of this chapter. (3) Whenever required parking facilities are on a lot or parcel of land other than the principal building which is to be served, a properly drawn legal instrument, executed by the parties concerned, duly approved as to form and manner of execution by the city attorney, shall be filed with the city secretary. (4) Any use which depends upon off-site parking to meet the requirements of this chapter shall require a certificate of occupancy, renewable annually, as regulated by section 106-142 (f) Joint parking. The city council after receiving a report and recommendation from the planning and zoning commission, may approve a conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the planning and zoning commission shall not recommend that such permit be granted nor the council approve such a permit except when the following conditions are found to exist: (1) Up to 50 percent of the parking facilities required for a theater, bowling alley, dance hall, bar, restaurant or similar use as determined by the planning and zoning commission may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in subsection d of this section. LaPorte,Texas,CodeofOrdinancesPage105 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS SubdivisionI.Generally (2) Up to 50 percent of the off-street parking facilities required for any use specified under subsection d of this section as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: Auditoriums incidental to all public or parochial schools, churches, bowling alleys, dance halls, theaters, bars, restaurants or similar uses as determined by the planning and zoning commission. (3) Up to 80 percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified under subsection d of this section as primary daytime uses as determined by the city planning and zoning commission. (4) For the purpose of this section, the following uses are considered as primary daytime uses: Banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing, shoe repair or service shops, manufacturing, wholesale and similar uses as determined by the planning and zoning commission. (5) Conditions required for joint use: a. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 300 feet of such parking facilities. b. The applicant shall show that there is no substantial conflict in the principle operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed. c. A properly drawn legal instrument, executed by the parties concerned for joint use of off- street parking facilities, duly authorized as to form and manner of execution by the city attorney, shall be filed and recorded in the county deed records. (g) Landscape buffers. Landscape buffers shall be a minimum of four feet in width. Plantings shall consist of trees and low evergreen shrubs. Required landscaping must be maintained by the property owner and/or occupant. Planting plans shall be approved by the planning director or his duly appointed representative. (h) Dog grooming. There shall be no overnight boarding of animals. All areas used for holding animals shall be located within the same building in which grooming activities take place. (i) Shipping and transport. These facilities shall be limited tooffice activities only. No warehousing or handling of freight shall take place at these facilities. No trucks, other than light trucks, as defined by this chapter, shall be allowed on premises occupied by these facilities. (Ord. No. 1501-X, § 5, 12-16-96) (J) See article V, Div.3 Secs. 106-445—106-460. Reserved. LaPorte,Texas,CodeofOrdinancesPage106 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.COMMERCIALDISTRICTREGULATIONS SubdivisionII.CRCommercialRecreationDistrict Subdivision II. CR Commercial Recreation District Secs. 106-461Ï106-475. Reserved. Secs. 106-461—106-475. Reserved. LaPorte,Texas,CodeofOrdinancesPage107 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.COMMERCIALDISTRICTREGULATIONS SubdivisionIII.NCNeighborhoodCommercialDistrict Subdivision III. NC Neighborhood Commercial District Sec. 106-476. Purpose. Sec. 106-477. Permitted, accessory, and special conditional uses. Sec. 106-478. Density/intensity regulations. Sec. 106-479. Special regulations and procedures. Secs. 106-480Ï106-495. Reserved. Sec. 106-476. Purpose. The purpose of the NC neighborhood commercial district is to provide for the establishment of local centers for convenient, limited office retail or service outlines which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. Sec. 106-477. Permitted, accessory, and special conditional uses. Refer to Table A, commercial uses,section 106-441. Section 106-310 (Table A, commercial and industrial uses) Sec. 106-478. Density/intensity regulations. Refer to Table B, commercial area requirements, section 106-443 (Table B, commercial area requirements). Sec. 106-479. Special regulations and procedures. Refer to articles IV, V, VI and VII of this chapter. Sec. 106-480. Artisan Shop. Maximum 1,000 square feet allowed for the retail component. Secs. 106-481—106-495. Reserved. LaPorte,Texas,CodeofOrdinancesPage108 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.COMMERCIALDISTRICTREGULATIONS SubdivisionIV.GCGeneralCommercialDistrict Subdivision IV. GC General Commercial District Sec. 106-496. Purpose. Sec. 106-497. Permitted, accessory, and special conditional uses. Sec. 106-498. Density/intensity regulations. Sec. 106-499. Special regulations and procedures. Secs. 106-500Ï106-509. Reserved. Sec. 106-496. Purpose. The purpose of the GC general commercial district is to provide for low intensity, retail or service outlets which deal directly with the customer for whom the foods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities. Sec. 106-497. Permitted, accessory, and special conditional uses. Refer to Table A, commercial uses,section 106-441. Section 106-310 (Table A, commercial and industrial uses) Sec. 106-498. Density/intensity regulations. Refer to Table B, commercial area requirements, section 106-443 (Table B, commercial area requirements). Sec. 106-499. Special regulations and procedures. Refer to articles IV, V, VI and VII of this chapter. Section 106-500. Artisan shop. Maximum 2,500 square feet for the retail component. Secs. 106-501—106-509. Reserved. LaPorte,Texas,CodeofOrdinancesPage109 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.COMMERCIALDISTRICTREGULATIONS SubdivisionV.MainStreetDistrictWithOverlay Subdivision V. Main Street District With Overlay Sec. 106-510. Purpose; Main Street district; Main Street overlay district defined. Sec. 106-511. Permitted, accessory, and special conditional uses. Sec. 106-512. Density/intensity regulations. Sec. 106-513. Special regulations and procedures. Secs. 106-514Ï106-520. Reserved. Sec. 106-510. Purpose; Main Street district; Main Street overlay district defined. The purpose of the Main Street district is to preserve the character of the original Main Street area of La Porte. The intent of a Main Street district within an overlay area is to allow greater flexibility of normal city requirements and create an environment reflective of an era when travel was based less on vehicular traffic and more on pedestrian access with retail trade more closely clustered. The general boundaries of the Main Street overlay portion of the district shall extend from SH 146 to Kansas, and include the properties along both sides of Main Street. These properties are bounded on the north by the alley located north of and parallel to Main Street and on the south by the alley located south of and parallel to Main Street (see map). The general boundaries of the Main Street district shall be from SH 146 eastward to Kansas St. on both sides of Main Street from the alley one-half block north to the alley one-half block south of Main Street. The overall boundary shall be SH 146 to Kansas plus one block south (1st and W. "B" to Virginia and back up to E."A"). (See Map) (Ord. No. 1501-AAAA, § 6, 10-11-04) Sec. 106-511. Permitted, accessory, and special conditional uses. (a) Commercial and all residential activities are permitted, except warehousing and storage; however, if owned by or incidental to a primary business they would be allowed as indicated in Section 106-310 Table A, Main Street Overlay uses, section 106-441. (b) Main Street overlay maximum 5000 square feet per floor. (c) No outdoor storage within the Main Street Overlay between Highway 146 and Virginia. (d) Within the Main Street Overlay, residential activities are only allowed above the first floor. (e) Single family detached is prohibited in Main Street Overlay, but permitted in Main Street District. (Ord. No. 1501-AAAA, § 6, 10-11-04; Ord. No. 1501-MMMM, § 6(Exh. F), 4-25-05) LaPorte,Texas,CodeofOrdinancesPage110 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.COMMERCIALDISTRICTREGULATIONS SubdivisionV.MainStreetDistrictWithOverlay Sec. 106-512. Density/intensity regulations. Refer to Table B, Main Street overlay requirements, section 106-443 (Table B, commercial area requirements) (Ord. No. 1501-AAAA, § 6, 10-11-04) Sec. 106-513. Special regulations and procedures. For new construction no customer parking is required; however, businesses are required to provide a minimum of two employee parking spaces. Also for new construction, no parking lots shall be developed in front of the building within the overlay portion of the Main Street district. Alley ways within the district shall be considered as driving aisles for the purposes of parking requirements. Each business is allowed one wall sign not to cover more than 25 percent of the their exterior facade, as well as one shingle with a maximum face of 15 square feet per side and a required eight feet minimum clearance. When most of a dumpster is visible from a public street the dumpster shall be screened. If it is visible only via the alley from a public street, screening will not be required. Refer to section 106-752 (Dumpster enclosures) Property owners are not required to install sidewalks within the district. Refer to articles IV, V, VI, and VII and IX of this chapter for further regulations and procedures. (Ord. No. 1501-AAAA, § 6, 10-11-04) Sec. 106-514.Artisan shop. Maximum 2,500 square feet for the retail component. Secs. 106-514—106-520. Reserved. LaPorte,Texas,CodeofOrdinancesPage111 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION3.COMMERCIALDISTRICTREGULATIONS SubdivisionVI.MixedUseDistrict Subdivision VI. Mixed Use District Sec. 106-515. Purpose. Sec. 106-516. Permitted, accessory, and special conditional uses. Sec. 106-517. Density/intensity regulations. Sec. 106-518. Special regulations and procedures. Secs. 106-519Ï106-520. Reserved. Sec. 106-515. Purpose. The purpose of the Mixed Use District is to accommodate, encourage and promote innovatively designed developments involving neighborhood-serving residential and commercial land uses. The regulations of this district are intended to allow for residential and limited commercial uses scaled in such a manner as to complement the immediate neighborhood. The district regulations allow flexibility and encourage more creative, efficient and aesthetically desirable design and placement of land uses. Sec. 106-516. Permitted, accessory, and special conditional uses. includingamixofresidentialandcommercialuses Limited commercial and all residential activities are permitted in the Mixed Use District, as indicated in section 106-310 (Table A, commercial and industrial uses). Sec. 106-517. Density/intensity regulations. Refer to the requirements for Mixed Use District as indicated in section 106-443 (Table B, commercial area requirements). Sec. 106-518. Special regulations and procedures. Refer to articles IV, V, VI and VII of this chapter for additional regulations and procedures. For commercial uses, a minimum of 4 parking spaces is required. Such parking may cover no more than 30 percent of the lot. Parking may be permitted in the right-of-way if approved by the Director of Planning and Development. Sec. 106-519-106-520. Reserved. LaPorte,Texas,CodeofOrdinancesPage112 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS DIVISION4.INDUSTRIALDISTRICTREGULATIONS Subdivision I. - Generally Subdivision II. - BI Business Industrial Park District Subdivision III. - LI Light Industrial District Subdivision IV. - HI Heavy Industrial District LaPorte,Texas,CodeofOrdinancesPage113 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionI.Generally Subdivision I. Generally Sec. 106-521. Table A, Industrial uses. Sec. 106-522. Table B, industrial area requirements. Sec. 106-523. Special use performance standards. Secs. 106-524Ï106-540. Reserved. Sec. 106-521. Industrial Uses. (a) Table A, industrial uses. P (ABC) Ï Permitted uses (subject to designated criteria established in section 106-523). P ÏPermitted uses. ÏAccessory uses (subject to requirements of section 106-741). A C Ï Conditional uses (subject to requirements of sections 106-216through 106-218 and designated criteria established in section 106-523). Ï Not allowed. * Uses (SIC Code #) Zones BI LI HI All uses permitted or accessory in the GC zone, except residential P P P All uses conditional in the GC zone, except residential C C C Nonmanufacturing Industries: Adult oriented business * * P(G) Air transportation (451Ï458) P P P General contractors, heavy construction (161, 162, 1541) P P P Highway transportation terminal and service facilities (417) P P P LaPorte,Texas,CodeofOrdinancesPage114 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionI.Generally Motor freight transportation and warehousing (421, 423) * P(J) P(J) Farm product warehousing and storage (4221) * P P Public warehousing (4222Ï4226) P P P Railroad transportation (401) * * P Shipping container, or fabricated plate work (3443) Storage inside P(ACDE) P(ACDE) P Storage outside (refer to Section 106-444(b)) * * P(ACDE) Wholesale trade: Durable goodsÏlight (502, 504, 507, 5082, 5087, 5094) P P P Durable goodsÏmedium (501) P P P Durable goodsÏheavy (503, 5051, 5082Ï5085, 5088) * C P Durable goodsÏheavy (5052, 5093) * * P Wholesale trade: Nondurable goodsÏlight (511Ï514, 518) P P P Nondurable goodsÏmedium (5172, 5191Ï5199) C P P Nondurable goodsÏheavy (515, 516, 5171) * * P Manufacturing Industries: Chemicals and allied products (282Ï285) * P(ACDE) P Electrical and electronic equipment and supplies LaPorte,Texas,CodeofOrdinancesPage115 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionI.Generally Light (361Ï365, 367) P(ACDE) P(ACDE) P Medium (361, 366, 369) P(ACDE) P(ACDE) P Fabricated metal products and machinery Light (341Ï345, 358, 3592) P(ACDE) P(ACDE) P Medium (3493, 3498, 351Ï353, 356) * P(ACDE) P Heavy (346, 347, 354, 355, 357) * P(ACDE) P Heavy (348) * * P Food and kindred products Light (202, 205, 2065Ï2067) P(ACDE) P(ACDE) P Medium (2086, 2087, 2092Ï2099) C P(ACDE) P Heavy (201, 203, 204, 2062, 2063, 207, 2082Ï2085) * C P Leather and leather products (311Ï319) C P(ACDE) P Welding shops (7692) P(ACDE) P(ACDE) P Lumber products, furniture and fixtures Light (251Ï259) P(ACDE) P(ACDE) P Medium (243Ï245) C P(ACDE) P Heavy (249) * C P Measuring, analyzing and controlling instruments (381Ï387) P(ACDE) P(ACDE) P Miscellaneous manufacturing (391Ï396) P(ACDE) P(ACDE) P LaPorte,Texas,CodeofOrdinancesPage116 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionI.Generally Machine shops (3599) P(ACDE) P(ACDE) P Miscellaneous manufacturing industries (3991Ï3995) * P(ACDE) P Off-premises freestanding signs See article VII of this chapter On-premises freestanding signs See article VII of this chapter Paper and allied products (265Ï267) * * P Printing and publishing (271Ï279) P(ACDE) P(ACDE) P Rubber and miscellaneous plastics (301, 302, 304, 306, 307) * C P Stone, clay, glass and concrete (321Ï325, 3261, 327Ï329) * * P Tank truck cleaning * * P Truck stops P(H, I) * * Textile mill, and finished products Light (224, 225, 231Ï239) P(ACDE) P(ACDE) P Medium (222, 223, 226, 229) * P(ACDE) P Tobacco manufacturers (211Ï214) * P(ACDE) P Loading berths at the front or sides of buildings adjacent to R.O.W. C C C Industrial PUD (refer to section 106-636 C C C Facilities in excess of height restrictions imposed in section 106-522 * * C Unlisted uses, similar to uses listed above C C C (b) Interpretation and enforcement. Property uses, except as provided for by section 106-521310(a), Table A, (Table A, commercial and industrial uses) are prohibited and constitute a violation of this chapter. LaPorte,Texas,CodeofOrdinancesPage117 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionI.Generally (c) Footnotes. All permitted uses in commercial and industrial zones must meet the following minimum performance standards. If requested by the enforcement officer, all applications for building permits must include a certification from a registered engineer that verifies compliance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the centerline of such street. Any light or combination of lights which casts light on residential property shall not exceed 0.4 footcandles (meter reading) as measured from such property. B. Radiation and electrical emissions. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. C. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. D. Dust or other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. E. Odors. The emission of odor by any use shall be in compliance with and regulated by the appropriate federal, state or local agency. F.Explosives. No activities involving the storage, utilization, or manufacture of materials or products such as TNT or dynamite which could decompose by detonation shall be permitted except such as are specifically licensed by the city council. G.Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the following intensity in relation to sound frequency: Octave Band Frequency Maximum Sound Levels Ï Decibels Cycles per Lot Line H Second Residential District Boundary 20 to 7578 63 75 to 150 74 59 150 to 300 68 55 LaPorte,Texas,CodeofOrdinancesPage118 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionI.Generally 300 to 600 61 51 600 to 1,200 55 45 1,200 to 2,400 49 38 2,400 to 4,800 43 31 Above 4,800 41 25 Impact noise 80 55 Between the hours of 10:00 p.m. and 6:00 a.m. the permissible sound levels beyond residential district boundaries (both Column II and Impact) shall be six decibels less than shown above. erate a level of noise that In distances where it is determined that a proposed land use may gen will impact on surrounding land uses, the planning and zoning commission and city council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening and landscaping techniques. H. Hours of operation.Hours of operation are limited for truck stops adjacent to residential areas only. The facility shall only operate during the hour of 6:00 a.m. to 9:00 p.m. and no overnight facilities are allowed on the premises. I. Truck stops. The facility shall be permitted in the business industrial (BI) districts on truck routes along Barbour's Cut Boulevard and State Highway 146 (north of BarbourÓs Cut Blvd.). No construction of any kind shall be permitted within the stipulated setbacks for business industrial zoning districts. J. Trucking terminalsHeavy Truck Uses. Trucking terminals shall be allowed only in light industrial (LI) and heavy industrial (HI) zoning districts and shall be further restricted to locations directly adjacent to authorized truck routes (as same are designated in section 70-231 of this Code) located in said LI and HI zoning districts. Any truck terminal operating in whole or in part as a container yard or converting to a container yard shall be restricted to heavy industrial (HI) zone only. See section 106-746 of this chapter for additional requirements. (Ord. No. 1501U, § A(art. B), 9-23-96; Ord. No. 1501-AA, § 6, 3-23-98; Ord. No. 1501-BB, § 5, 9-15- 98; Ord. No. 1501-II, § 5, 3-27-00; Ord. No. 1501-OOOO, § 7, 6-27-05; Ord. No. 1501-Q6, § 6(Exh. F), 1-12-09) Cross reference— Sexually oriented businesses, § 90-31 et seq. Sec. 106-522. Table A B, iIndustrial area requirements. (a) Table A B, industrial area requirements. LaPorte,Texas,CodeofOrdinancesPage119 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionI.Generally Uses Minimum MaximumMinimumAdjacent toMaximum Bldg. Design 610 Landscaping Lot Yard ResidentialHeight Standards Requirements CoverageSetbacksMinimum (feet) 4 (percent) (percent)F.R.S. Yard 1, 3, 5 Setback (feet) F.R.S. 2, 5, 9 (feet) BI business-6 50 50-40-3050-40-30 N/A 100% masonry industrial park; all Design 5 % up to one acre 20-10-10 permitted or Standards, Î four foot 10 conditional Article IX minimum frontage 7.5 % one acre Î 10 acres Î 10 foot minimum frontage 10 % - greater than 10 acres Î 25 foot minimum frontage LI light industrial 6 70 20-10-1030-50-50 N/A district; all permitted 5 % up to one acre or conditional Î four foot minimum frontage 7.5 % one acre Î 10 acres Î 10 foot minimum frontage 10 % - greater than 10 acres Î 25 foot minimum frontage HI heavy industrial 6 30 50-50-30100-150-45 district all permitted 150 5 % up to one acre or conditional Î four foot LaPorte,Texas,CodeofOrdinancesPage120 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionI.Generally minimum frontage 7.5 % one acre Î 10 acres Î 10 foot minimum frontage 10 % - greater than 10 acres Î 25 foot minimum frontage Loading docks N/A N/A 130-130-Same as N/A 130 principal use plus 130 ft. Outside storage N/A N/A 20-10-5 Same as Section principal 106- use 444(b) Truck stops 15% 50 50-40-3050-40-30 , 78 Shipping containers 6 N/A 50-50-30100-150-36 150 15% On- and off-See article VII of this chapter premises freestanding signs Freestanding on-See article VII of this chapter premises signs located in controlled access highway corridors (b) Footnotes. 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 ground cover, with a planting plan required to be submitted and approved by LaPorte,Texas,CodeofOrdinancesPage121 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionI.Generally the enforcement officer. Required landscaping must be maintained by the property owner and/or occupant. 2. No buildings, parking areas, loading docks, outside storage, or refuse containers will be allowed in such setback areas. These areas are to be landscaped with trees, shrubs and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. 3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad right-of-way, or rail service spurs. 4. See article V, division 4 (Fencing and landscaping requirements) of this chapter for additional requirements. 5. No sign shall be located in a required sight visibility triangle in such a manner as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. See section 106-805 (Visibility triangles). 6. Height restrictions may be modified as a conditional use, provided that no modification of height restrictions may occur adjacent to property zoned residential or commercial. Provided further that no modification shall be permitted if said modification would pose a danger to life or property. See section 106-772 (Height requirements). 7. Shipping containers are permitted to be stacked up to four containers in height. See section 106-751 (Shipping containers used for storage). 8. Shipping containers will be stacked in a 'pyramid' appearance along the front of the site. The initial row shall not exceed two containers in height, with each successive interior row gaining one container in height to a maximum of four containers in height. For the sides beyond the front area, the 'pyramid' appearance shall not be required. 9. Landscaping/sScreening will be required adjacent to residential area in accordance with the provisions of section 106-444(a) (Commercial performance standards). 10. See article IX (Design standards) for additional requirements. a)Minimum exterior wall standards shall be 100 percent masonry or glass. Front and side walls, which may be seen from any public thoroughfare, excluding doors, windows, and window walls, shall be constructed of brick, stone, masonry, or pre-cast concrete panels. b)Existing buildings shall also conform to this requirement upon expansion of over one-third of an area of improvement/development. c) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50 percent of the replacementvalue, the structure shall conform to the above requirements. These provisions shall apply to all new developments and buildings located adjacent to and along the following thoroughfares, roadways, and collector streets: State Highway 146; State Highway 225; Fairmont Parkway; West Main Street; Barbour's Cut Boulevard; Spencer Highway; North and South Broadway Streets (Old Highway 146); Underwood Road; Bay Area Boulevard; Sens Road; Canada Road; and East Main Street. The following are exempt from the above requirements, unless otherwise required by applicable building codes. LaPorte,Texas,CodeofOrdinancesPage122 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionI.Generally i) Any pre-existing building that contains a single business or multiple businesses and has a footprint of over 50,000 square feet. ii) Multiple pre-existing buildings and/or multiple pre-existing businesses on a single site or parcel of land. iii) Existing shopping centers and business parks. iv)Franchise business with an established theme. (Ord. No. 1501-X, § 5, 12-16-96; Ord. No. 1501-BB, § 6, 9-15-98; Ord. No. 1501-II, § 6, 3-27-00; Ord. No. 1501-FFFF, § 7(Exh. F), 2-28-05; Ord. No. 1501-OOOO, § 7(Exh. F), 6-27-05; Ord. No. 1501-K-5, § 6(Exh. F), 12-11-06) Sec. 106-523. Special use Industrial performance standards. (a) 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 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 a minimum of conflict with traffic movements, and shall be subject to the approval of the Director of community Planning & Development. Vehicular ingress lanes shall be large enough to accommodate peak use on the same lot without requiring the stopping or waiting of vehicles on public rights-of-way. Ingress lanes shall be from the least heavily travelled street wherever possible. (b) Drainage. On request, a drainage plan for the proposed development shall be submitted to the Director of community Planning & Development for review and approval. (c) Compatibility with surrounding area. The appearance and functional plan of the building and site 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 lot. The proposed development shall be compatible with existing and planned use of the area and conflicts shall not be created between the proposed use and existing and intended future uses of the surrounding area. (d) Required licenses obtained. All necessary governmental permits and licenses shall be secured with evidence of such placed on record with the city. (e) Availability and adequacy of public services. Public services including but not limited to sewer, water, gas, police and fire protection are available at an adequate level and capable to service the proposed land use. The planning and zoning commission and the city council may impose any necessary conditions or restrictions upon the proposed land use to insure that an overloading of city system does not occur and that inordinate demand on public services does not jeopardize or limit existing and protected public services demands. (f) Loading berths. Loading berths located on the front or at the side of buildings on a corner lot shall be required to meet the following conditions: (1) Loading berths shall not conflict with pedestrian movement. (2) Loading berths shall not obstruct the view of the public right-of-way from off-street parking access. (3) Loading berths shall comply with all other requirements of this chapter. (g) Location of adult sexually oriented businesses. LaPorte,Texas,CodeofOrdinancesPage123 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionI.Generally (1) A person commits an offense if he operates or causes to operate an adult sexually oriented business within 1,000 feet (as measured below) of any of the following, whether located within or outside the corporate limits of the city: a. A boundary of a residential district; b. The property line of a lot devoted to a residential use; c. A church; d. A school; e. A day care or kindergarten; or f. A public park or playground. (2) For the purposes of subsection (g)(1) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of a building or structure property line used as part of the premises where an adult sexually oriented business is conducted, to the nearest property line of the premises of a church, school, day care or kindergarten, or to the nearest boundary of an affected public park or playground, residential district, or lot devoted to a residential use. (3) A person commits an offense if he or she operates or establishes, or causes or permits another to operate or establish an adult sexually oriented business which is located within 1,000 feet of another adult sexually oriented business. The distance between two adult sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the businesses are located. nearest property line used as part of the premises where a sexually oriented business is conducted to the nearest property line of another sexually oriented business. (4) A person commits an offense if he causes or permits the operation, establishment, or maintenance or more then than one adult sexually oriented business in the same building, structure, or portion thereof. (Ord. No. 1501-U, § A (art. B), 9-23-96) Cross reference— Sexually oriented businesses, § 90-31 et seq. Secs. 106-524—106-540. Reserved. LaPorte,Texas,CodeofOrdinancesPage124 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionII.BIBusinessIndustrialParkDistrict Subdivision II. BI Business Industrial Park District Sec. 106-541. Purpose. Sec. 106-542. Permitted, accessory and special conditional uses. Sec. 106-543. Density/intensity regulations. Sec. 106-544. Special regulations and procedures. Secs. 106-545Ï106-560. Reserved. Sec. 106-541. Purpose. The purpose of the business/industrial park district is to provide for the establishment of industrial development that is compatible with surrounding or abutting residential districts and to encourage high level performance standards. Development in the business/industrial park district is limited to administrative, wholesaling, manufacturing and related compatible uses, with suitable open spaces, landscaping and parking areas. Sec. 106-542. Permitted, accessory and special conditional uses. Refer to Table A, industrial,section 106-521. Section 106-310 (Table A, commercial and industrial uses). Sec. 106-543. Density/intensity regulations. Refer to Table B, industrial, section 106-522 (Table B, industrial area requirements). Sec. 106-544. Special Regulations and procedures. (a) Refer to articles IV (planned unit developments), V (supplementary district regulations), VI (off-street parking) and VII (signs) of this chapter. (b) Building permit requirements. Refer to article II, division 4 (permits). (1) No development of any lot or combination of lots in the BI district shall be commenced and no building permits will be issued therefore until all of the requirements have been met. (2) A complete certified site plan prepared by a state registered engineer or surveyor and building plans and specifications shall be submitted. The registered engineer or surveyor shall certify that the plans were prepared specifically for the subject site. The certified site plan shall include location of buildings, driveways, driveway intersections with streets, parking areas, loading areas, sidewalks, curbs, and screening as required by this chapter. (3) Site grading plans shall be submitted indicating existing and proposed grades and provisions for surface drainage. (4) Proposed design, location, size and lighting of all signs, if any, shall be submitted. LaPorte,Texas,CodeofOrdinancesPage125 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionII.BIBusinessIndustrialParkDistrict (5) Detailed landscaping plans shall be prepared and submitted. (6) The applicant shall submit any additional plans and specifications requested by the city to ascertain compliance with this chapter. (c) Off-street parking and loading areas. Refer to article VI (Off-street parking). (1) No parking spaces or aisles serving parking spaces shall be less than 40 feet from any residential district boundary line nor less than ten feet from the building or lot line. (2) No loading zone shall be constructed at the front of any building or side if adjacent to public R.O.W. (d) Storage and fencing restrictions. Refer to article V, division 3 (Area requirements) and 4 (Fencing and landscaping requirements). (1) No open storage of materials shall be allowed in the BI district except vehicles and road maintenance equipment. No open sales lots or salvage yards shall be allowed. (2) No fences other than those designed to serve as screening or decorative fences are permitted in the BI district. Secs. 106-545—106-560. Reserved. LaPorte,Texas,CodeofOrdinancesPage126 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionIII.LILightIndustrialDistrict Subdivision III. LI Light Industrial District Sec. 106-561. Purpose. Sec. 106-562. Permitted, accessory, and special conditional uses. Sec. 106-563. Density/intensity regulations. Sec. 106-564. Special regulations and procedures. Secs. 106-565Ï106-580. Reserved. Sec. 106-561. Purpose. The purpose of the LI light industrial district is to provide for the establishment of warehousing and light industrial development. Sec. 106-562. Permitted, accessory, and special conditional uses. Refer to Table A, industrial,section 106-521. Section 106-310 (Table A, commercial and industrial uses). Sec. 106-563. Density/intensity regulations. Refer to Table B, industrial, section 106-522 (Table B, industrial area requirements). Sec. 106-564. Special Regulations and procedures. (a) Refer to Articles IV, V, VI and VII of this chapter. (b) Refer to article II, division 4 (Permits). (c) Refer to article VI (Off-street parking). (d) Refer to article V, division 3 (Area requirements) and 4 (Fencing and landscaping requirements). Secs. 106-565—106-580. Reserved. LaPorte,Texas,CodeofOrdinancesPage127 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIII.DISTRICTS DIVISION4.INDUSTRIALDISTRICTREGULATIONS SubdivisionIV.HIHeavyIndustrialDistrict Subdivision IV. HI Heavy Industrial District Sec. 106-581. Purpose. Sec. 106-582. Permitted, accessory and special conditional uses. Sec. 106-583. Density/intensity regulations. Sec. 106-584. Special regulations and procedures. Secs. 106-585Ï106-620. Reserved. Sec. 106-581. Purpose. The purpose of the HI heavy industrial district is to provide for the establishment of heavy industrial and manufacturing development and use which because of the nature of the product or character of activity requires isolation from residential or commercial use. Sec. 106-582. Permitted, accessory and special conditional uses. Refer to Table A, industrial,section 106-521. Section 106-310 (Table A, commercial and industrial uses). Sec. 106-583. Density/intensity regulations. Refer to Table B, industrial, section 106-522 (Table B, industrial area requirements). Sec. 106-584. Special Regulations and procedures. (a) Refer to articles IV, V, VI and VII of this chapter. (b) Refer to article II, division 4 (Permits). (c) Refer to article VI (Off-street parking). (d) Refer to article V, division 3 (Area requirements) and 4 (Fencing and landscaping requirements). Secs. 106-585—106-620. Reserved. LaPorte,Texas,CodeofOrdinancesPage128 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS ARTICLE IV. PLANNED UNIT DEVELOPMENTS DIVISION 1. - GENERALLY DIVISION 2. - ADMINISTRATION DIVISION 3. - DISTRICT REGULATIONS DIVISION 4. - REQUIREMENTS LaPorte,Texas,CodeofOrdinancesPage129 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION1.GENERALLY DIVISION 1. GENERALLY Secs. 106-621Ï106-635. Reserved. Secs. 106-621—106-635. Reserved. LaPorte,Texas,CodeofOrdinancesPage130 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION2.ADMINISTRATION DIVISION 2. ADMINISTRATION Sec. 106-636. Planned unit development procedures. Sec. 106-637. Procedures for establishing a planned unit development and subsequent review. Secs. 106-638Ï106-655. Reserved. Sec. 106-636. Planned unit development procedures. The planned unit development procedures are intended to be used in two ways. First, for any development in a district that meets all the use requirements (for example, multifamily residential in a R-3 zone) that may not be able to meet the minimum lot area or setback criteria because of the type of neighborhood the developer envisions; or second, to regulate the second phase of submission in the planned unit development zone. (Refer to section 106-656, (Purpose and intent) (et seq.) Sec. 106-637. Procedures for establishing a planned unit development and subsequent review. (a) An application for a conditional use permit shall be filed and processed based upon procedures established by sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and through 106-218 (Amendments). (b) An application for a major development site plan, minor development site plan, or preliminary plat shall be filed and processed simultaneously with the conditional use permit and shall be subject to the requirements of the city development ordinance number 1444 on file in the city secretary's office. (c) Submittal and filing of the major or minor development site plan or preliminary plat shall be in accordance with the requirements of the development ordinance number 1444 on file in the city secretary's office and shall contain (in addition to the requirements of the development ordinance number 1444 on file in the city secretary's office) the following information: (1) The entire outline, overall dimensions and area of the tract described in the application. (2) The use, zoning and ownership of all adjacent properties within 100 feet of the tract boundaries including the location of all structures thereon and the right-of-way widths of all adjacent public roadways. (3) The existing and proposed topography of the tract with contour intervals not greater than one foot. (4) The location, general exterior dimensions and approximate gross floor areas of all proposed buildings, or where appropriate, examples of housing units to be built on lots. (5) The type of each use proposed to occupy each building and the approximate amount of building floor area devoted to each separate use, if appropriate. (6) The proposed location, arrangement and number of automobile parking stalls, or appropriate examples for each housing type. (7) The proposed location, arrangement and general dimensions of all truck loading facilities, if appropriate. LaPorte,Texas,CodeofOrdinancesPage131 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION2.ADMINISTRATION (8) The location and dimensions of all vehicular entrances, exits and driveways and their relationship to all existing or proposed district or development examples for each housing type. (9) The location and dimensions of all walls, fences, and plantings designed to screen the proposed district or development from adjacent uses. (10) The general drainage system. (11) Standards for exterior signs, architectural style, landscape concepts, and other variables which will be controlled in the design of buildings in the development area. (12) Proposed exterior architectural elevations illustrating the basic design elements and material appearances. (d) The applicant shall submit a proposed schedule of construction. If the construction of the proposed planned unit development is to be in stages, then the components contained in each stage must be clearly delineated. In addition, the developer or subdivider must submit a general plan in accordance with the requirements of the city development ordinance number 1444 on file in the city secretary's office. The general plan shall be submitted prior to the submission of a development site plan or preliminary plat, as the case may be. The development schedule shall indicate the approximate starting date and the approximate completion date of the complete development plan. (e) A draft of all proposed deed restrictions, assessments, and covenants shall be filed clearly delineating responsibility for maintenance and control of public and private property, and common areas. (f) Review and evaluation criteria. The city planning and zoning commission shall review and recommend to the city council who shall evaluate and decide based on the following criteria: (1) Adequate property control is provided to protect the individual owners' rights and property values and the public responsibility for maintenance and upkeep. (2) The interior circulation plan plus access from and onto public right-of-way does not create congestion or dangers and is adequate for the safety of the project residents and general public. (3) A sufficient amount of usable open space is provided, in general conformance with the open space requirements outlined for each particular use classification in this chapter. (4) That the arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses. (5) Acoustical controls for interior areas and facilities are at minimum in compliance with the current standards of the Building Code of the city. (6) The architectural design of the project is compatible with the surrounding area. (7) The drainage and utility system plans are submitted to the director and the final drainage and utility plans shall be subject to his approval. (8) The development schedule ensures a logical development of the site which will protect the public interest and conserve the land. (9) The development is in compliance with the requirements of the city development ordinance number 1444 on file in the city secretary's office. (10) Dwelling unit and accessory use requirements are in general compliance with the district provisions in which the development is planned. LaPorte,Texas,CodeofOrdinancesPage132 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION2.ADMINISTRATION (11) The provisions of sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and through 106-218 (Amendments) are considered and satisfactorily met. (g) Final planned unit development plan. The approved general plan, major development site plan, minor development site plan, or preliminary plat, together with all conditions, covenants, deed restrictions, dedications, controls, and conditional use permits that are part thereof, shall be known as the final planned unit development plan and shall become a part of the official file of the city. (h) Notwithstanding anything else in this chapter to the contrary, no building permit, nor a development authorization (as said terms are defined in the development ordinance number 1444 on file in the city secretary's office) shall be issued until all required general plans, development site plans, preliminary plats, or conditional use permits have been approved by the appropriate approving authorities, as said authorities are defined in the development ordinance number 1444 on file in the city secretary's office and this chapter. Secs. 106-638—106-655. Reserved. LaPorte,Texas,CodeofOrdinancesPage133 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION3.DISTRICTREGULATIONS DIVISION 3. DISTRICT REGULATIONS Sec. 106-656. Purpose and intent. Sec. 106-657. Permitted, accessory and special conditional uses. Sec. 106-658. Density/intensity regulations. Sec. 106-659. Special regulations and procedures. Secs. 106-660Ï106-675. Reserved. Sec. 106-656. Purpose and intent. The purpose of this district is to provide for the grouping of land parcels for development as an integrated coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities through conditional use provisions. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities, and a harmonious selection and efficient distribution of uses. Sec. 106-657. Permitted, accessory and special conditional uses. All uses permitted in the residential, commercial, and industrial districts. Sec. 106-658. Density/intensity regulations. Based on conditions established under this section and those established under section 106-636, (Pplanned unit development procedures). Sec. 106-659. Special regulations and procedures. (a) Procedure for establishing or developing a planned unit development district development. (1) An application for a conditional use permit shall be filed and processed based upon procedures established by sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and through 106-218 (Amendments). (2) An application for a general plan shall be filed and processed simultaneously with the conditional use permit and shall be subject to the requirements of this chapter and the city development ordinance number 1444 on file in the city secretary's office. (3) Submittal and filing of the general plan shall be according to the development ordinance number 1444 on file in the city secretary's office and shall contain, in addition to the requirements of the development ordinance number 1444 on file in the city secretary's office, the following information: General area wide development plan (general outline of the site and surrounding area). LaPorte,Texas,CodeofOrdinancesPage134 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION3.DISTRICTREGULATIONS a. Uses. b. Zoning. c. Streets. d. Grade or topography. e. Density. f. Utilities and drainage. (4) The applicant shall submit a proposed schedule of construction. If the construction of the proposed planned unit development is to be in stages, then the components contained in each stage must be clearly delineated. The development schedule shall indicate the approximate starting date and the completion date of the complete development plan. (5) A written description shall be submitted documenting the type of property control that will be utilized to administer, control and maintain any common open space or areas. (b) Review and evaluation criteria. The city planning and zoning commission shall review and recommend to the city council who shall evaluate and decide based on the following criteria: (1) Adequate property control is proposed to protect the individual owners; rights and property values, and the public responsibility for maintenance and upkeep. (2) The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public. (3) A sufficient amount of useable open space is provided. (4) The arrangement of uses does not unreasonably disturb the privacy or property values of the surrounding residential uses. (5) The preliminary drainage and utility system plans are adequate based on a report from the director and the final drainage and utility plans shall be subject to his approval. (6) The development schedule ensures a logical development of the site which will protect the public interest and conserve the land. (7) The development is in compliance with the requirements of the city development ordinance number 1444 on file in the city secretary's office. (8) Dwelling unit requirements are in general compliance with the applicable district provisions. (9) The provisions of sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and through 106-218 (Amendments), conditional use procedures, are considered satisfactorily met. (10) The development is in conformance with the comprehensive plan. (c) Termination. In the event submission or detailed major or minor development site plans, or preliminary plats has not occurred within 12 months of the last approval, then the conditional use permit will become null and void. The applicant may, within the first 12 months, however, request an extension for one additional year, and the city planning and zoning commission may grant such extension. (d) Subsequent procedures. LaPorte,Texas,CodeofOrdinancesPage135 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION3.DISTRICTREGULATIONS (1) Once the general plan and conditional use permit have been approved, the applicant may proceed to apply for specific major or minor development site plans, and preliminary plat approval (as the case may be), subject to the requirements of section 106-636, (Pplanned unit development procedures). (2) Each subsequent request for specific major or minor development site plan approval and preliminary plat approval shall be based on the approved general plan. A change in the developer's or subdivider's plans shall require submission and filing of new general plan together with the approval thereof, as required in the city development ordinance number 1444, section 4.01, general plans, which is on file in the city secretary's office. Secs. 106-660—106-675. Reserved. LaPorte,Texas,CodeofOrdinancesPage136 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION4.REQUIREMENTS DIVISION 4. REQUIREMENTS Subdivision I. - Generally Subdivision II. - Specific Development Requirements LaPorte,Texas,CodeofOrdinancesPage137 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION4.REQUIREMENTS SubdivisionI.Generally Subdivision I. Generally Sec. 106-676. Property controls. Sec. 106-677. Public services. Sec. 106-678. Building height. Sec. 106-679. Roadways. Sec. 106-680. Exterior building designs. Secs. 106-681Ï106-695. Reserved. Sec.106676.Propertycontrols. (a) In order that the purpose of this section may be achieved, the property shall be in single ownership or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this chapter. (b) Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the city. Such filing with the city shall be made prior to the filing of said declaration or documents or plans with the recording officers of the county. (c) Prior to recording in the county deed records, approval of the city shall be secured as to the documents described in subsection 106-676(b) (Property controls). (d) The declaration of covenants, conditions or restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject such properties to the terms of such declaration. (e) The declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. The declaration shall be subject to the review and approval of the city attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control. Sec. 106-677. Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection. Proposed utility connections shall be subject to approval by the planning director. Sec. 106-678. Building height. Height limitations shall be the same as imposed in the respective districts. LaPorte,Texas,CodeofOrdinancesPage138 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION4.REQUIREMENTS SubdivisionI.Generally Sec. 106-679. Roadways. Private roadways within the project shall have an improved surface to 24 feet or more in width and shall be so designed as to permit the city fire trucks to provide protection to each building. No portion of this required 24-foot road system may be used in calculating required off-street parking space or be used for parking. Sec. 106-680. Exterior building designs. The material used on the exterior facade of all commercial and industrial buildings within the city's TIRZ No. 1 shall conform to the requirements below and in accordance to the appropriate zoning district, land uses, and visibility of the site. Any new nonresidential development in the cityÓs TIRZ No. 1 is subject to the applicable provisions in Article IX, Design Guidelines. Where such development is located on a thoroughfare not identified in the requirements of Article IX or on a thoroughfare identified as a Tier 3, then said project shall be subject to the requirements in Tier 2. (a) Minimum exterior wall standard for any building visible from a major thoroughfare or directly abutting residential development shall be 100 percent masonry or glass, e.g. brick, stone brick veneer, tilt wall, decorative or textured concrete block, split face block, stucco, and EIFS (exterior insulation and finish systems). (b) All nonconforming structures must come into compliance with the above standards whenever a permit is desired and under review per sections 106-262and 106-268 of this article. Any pre- existing building which is required to conform to this section shall have front facade 100 percent masonry or glass, side/rear 50 percent masonry or glass. Landscaping: Minimum 10 percent. (Ord. No. 1501-F5, § 6(Exh. F), 9-11-06) Secs. 106-681—106-695. Reserved. LaPorte,Texas,CodeofOrdinancesPage139 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION4.REQUIREMENTS SubdivisionII.SpecificDevelopmentRequirements Subdivision II. Specific Development Requirements Sec. 106-696. General residential. Sec. 106-697. Townhouses, cooperative, condominiums, multiple-family structures requirements. Sec. 106-698. Density bonus. Sec. 106-699. Commercial and industrial. Sec. 106-700. General implementation provisions. Secs. 106-701Ï106-720. Reserved. Sec. 106-696. General residential. (a) Purpose. It is the intent of this subdivision to establish provisions for the granting of a conditional use permit for planned unit development - general residential projects which are in compliance with the permitted and conditional uses allowed in a specific district including dwellings, and institutional uses of one or more buildings in relation to an overall design, and integrated physical plan in accordance with the provisions and procedures as prescribed in this chapter. (b) Minimum project size. The tract of land for which a planned unit development-general residential project is proposed and permit requested shall contain not less than five acres of land. (c) Required frontage. The tract of land for which a project is proposed and permit requested shall not have less than 200 feet of frontage on a public right-of-way. (d) Yards. (1) The front, rear and side yard restrictions at the periphery of the planned unit development site, at a minimum, shall be the same as imposed in the respective districts. (2) No building shall be nearer than its building height to the rear or side property line when such line abuts an R-1 or R-2 use district. (3) No building shall be located less than 15 feet from the back of the curbline along those roadways which are part of the internal street pattern. (4) No building within the project shall be nearer to another building than one-half the sum of the building heights of the two buildings. Sec. 106-697. Townhouses, cooperative, condominiums, multiple-family structures requirements. (a) No single townhouse structure shall contain more than 12 dwelling units. (b) Minimum unit lot frontage for townhouses shall be not less than 20 feet. (c) Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned. LaPorte,Texas,CodeofOrdinancesPage140 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION4.REQUIREMENTS SubdivisionII.SpecificDevelopmentRequirements (d) Townhouses, cooperatives and condominiums may be subdivided on an individual unit basis according to the provisions of the city development ordinance number 1444 which is on file in the city secretary's office, or under the laws of the state. Sec. 106-698. Density bonus. As a consequence of a planned unit development's planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased up to ten percent. The building, parking and similar requirements for these bonus units shall be observed in compliance with this chapter. Sec. 106-699. Commercial and industrial. (a) Purpose. The intent of this section is to establish provisions for the granting of a conditional use permit to erect planned unit development - commercial and industrial projects which are in compliance with the permitted and conditional uses allowed in a specific district in one or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures in this chapter. (b) Minimum project size. The tract of land for which a planned unit development - commercial or industrial project is proposed and permit is requested, shall contain not less than five acres for commercial and industrial projects. (c) Frontage. The tract of land for which a project is proposed and a permit requested shall not have less than 200 feet of frontage on a public right-of-way. (d) Yard. No building shall be nearer than 50 feet to the side or rear property line when such line abuts an R-1, R-2, R-3 or MH use district. (e) Landscaping, screening and surfacing. (1) The entire site other than that taken up by structures or landscaping shall be surfaced with a material to control dust and drainage. (2) A drainage system subject to the approval of the planning director shall be installed. (3) Developments abutting an R-1, R-2, R-3 or MH district shall be screened and landscaped in compliance with required screening and landscaping for the specific use involved as required in Table B, section 106-443, (Table B, commercial area requirements) and Table B, section 106- 552 (Industrial area requirements). (4) Required landscaping must be maintained by the property owner and/or occupant. (Ord. No. 1501-X, § 5, 12-16-96) Sec. 106-700. General implementation provisions. (a) Compliance with the final development plan and changes. (1) The development of the planned unit development shall be in compliance with the final development plan. LaPorte,Texas,CodeofOrdinancesPage141 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIV.PLANNEDUNITDEVELOPMENTS DIVISION4.REQUIREMENTS SubdivisionII.SpecificDevelopmentRequirements (2) Differences between the actual development and proposed development shown in the final development plan not permitted under the foregoing provisions of this section, will be permitted only if the final development plan is changed with the approval of the city council. Proposed changes shall be reviewed by the planning and zoning commission and recommendations forwarded to the council. (b) Building permits. Applications for building permits shall be reviewed and approved by the building inspector after considering action and conditions imposed by the city council. Such applications shall be examined to determine if they are in compliance with this chapter and the final development plan. (c) Zoning permit. A zoning permit shall be secured in compliance with section 106-142 (Zoning permits). Secs. 106-701—106-720. Reserved. LaPorte,Texas,CodeofOrdinancesPage142 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. - GENERALLY DIVISION 2. - ACCESSORY BUILDINGS, USES AND EQUIPMENT DIVISION 3. - AREA REQUIREMENTS DIVISION 4. - FENCING AND LANDSCAPING REQUIREMENTS LaPorte,Texas,CodeofOrdinancesPage143 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION1.GENERALLY DIVISION 1. GENERALLY Secs. 106-721Ï106-740. Reserved. Secs. 106-721—106-740. Reserved. LaPorte,Texas,CodeofOrdinancesPage144 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION2.ACCESSORYBUILDINGS,USESANDEQUIPMENT DIVISION 2. ACCESSORY BUILDINGS, USES AND EQUIPMENT Sec. 106-741. General provisions. Sec. 106-742. Domestic livestock. Sec. 106-743. Breeding kennels (dogs and cats only). Sec. 106-744. Bed and breakfast. Sec. 106-745. Commercial-industrial accessory structures and uses. Sec. 106-746. Location of truck terminals restricted. Sec. 106-747. Coin-operated machines. Sec. 106-748. Swimming pools, spas, and hot tubs. Sec. 106-749. Home occupation. Sec. 106-750. Office trailers. Sec. 106-751. Shipping containers. Secs. 106-752Ï106-770. Reserved. Sec. 106-741. General provisions. (a) No accessory buildings, uses or structures shall be erected or located in any required yard other than the rear yard except: (1) A detached private garage as defined, may be permitted in side yards, provided: a. It complies with all the requirements of this section; b. It shall be five feet or more from side lot lines; and c. The side yard does not abut a street right-of-way. (2) Accessory buildings built on a skid foundation, no larger than 120 square feet and no more than one story in height may be located in utility easements in required rear yards, except that they may not be located closer than three feet from a side or rear property line or closer than six feet from any other structure. (b) Accessory buildings, uses and structures, with the exception of those on residential large lots, shall not exceed 15 feet in height, shall be three feet or more from all lot lines, shall be six feet or more from any other building or structure on the same lot, and shall not be located upon any utility easement. (c) Private garage structures with vehicular access doors facing public alleys, as defined in the public improvement construction policy and standards, shall be 20 feet or more from the alley right-of-way. Detached garages located in rear yards of corner lots shall be set back a minimum ten feet from the property line abutting the side street right-of-way. (d) Detached private garages, as defined, may be 20 feet in height, or the height of the principal structure, whichever is less. (e) Floor area. See section 106-416 (Special regulations). LaPorte,Texas,CodeofOrdinancesPage145 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION2.ACCESSORYBUILDINGS,USESANDEQUIPMENT (1) Generally. No accessory building, or carport garage for single-family dwellings shall occupy more than 25 percent of a rear yard, nor exceed 1,000 square feet of floor area. (2) Large lot residential only. Accessory buildings in single-family residential large lots with one acre or more may not exceed 2,000 5,000 square feet of floor area. Accessory buildings with a floor area in excess of 1,000 square feet must be located at least 30 10 feet from any property line and 30 20 feet behind the rear of the primary from other structures. All accessory buildings on lots less than one acre - all provisions of this section apply. (f) No permit shall be issued for the construction of more than one detached private garage or carport structure for each on lots less than one acre with single family dwelling. (g) Wind generators, for producing electricity or other forms of energy shall not be located in any yards other than the rear yard and must be set back 150 feet from all property lines or the height of the structure, whichever is greater unless a special conditional use permit (SCUP) is granted. Provisions of SCUP should take into consideration size, height, noise, location to adjacent properties, etc. (h) Reserved. (i) No accessory uses or equipment except for air conditioning structures or condensers may be located in a required side yard except for side yards abutting streets where equipment is fully screened from view. (j) Large lot district. The property owner of a toolhouse, barn, shed, storage building and/or livestock in the large lot district on a tract one acre in size or larger authorized without a principal structure on the property, shall be responsible for ensuring no one lives in the toolhouse, barn, shed, or storage building without properly permitting the structure for residential habitation, the property is kept in a sanitary condition and the property complies with all applicable city regulations. (Ord. No. 1501-T4, § 6(Exh. F), 10-24-05; Ord. No. 1501-B-5, § 6(Exh. F), 5-8-06; Ord. No. 3453, § 5, 12-10-12) Sec. 106-742. Domestic livestock. (a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a permitted accessory use on lots in excess of one acre (43,560 square feet), provided that all domestic livestock as defined above be restrained by a properly constructed and maintained fence no closer than five feet from property that is not devoted to the keeping of domestic livestock or by a perimeter property (exterior) fence of such construction so as to be impenetrable by livestock and to prevent intrusion into neighboring residential properties, and provided further that said domestic livestock be kept in a concentration that is less than or equal to: (1) Two cows per acre. (2) Two horses per acre. (3) Two hogs per acre. (4) Two sheep or goats per acre. Plus one head for each additional one-half acre of land on the same parcel. (b) In any event, the total for the above referenced grazing animals (i.e. sheep, goats, hogs, cows, or horses) shall be cumulative. In the event of fowl or recreational livestock in the large lot uses, no specific concentration is established herein, but in no event, shall the cumulative concentration of LaPorte,Texas,CodeofOrdinancesPage146 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION2.ACCESSORYBUILDINGS,USESANDEQUIPMENT fowl grazing or recreational livestock be such as to create a health hazard or nuisance. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of livestock or fowl for the purpose of breeding, commercial feeding or sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 106-331, (Table A, residential uses). (d) Large lot district only. (1) Recreational livestock is a permitted accessory use kept on tracts of contiguous land (under one ownership) totaling one acre in size or larger. (2) For any pre-existing, nonconforming livestock use, without the required primary structure in existence prior to this ordinance, shall be permitted upon submittal and subsequent city approval. Upon such approval registration form shall be issued to the property owner. (3) Recreational livestock concentration shall not exceed grazing livestock concentration unless the following provisions are met: a. A barn and/or similar structure adequate to house livestock is provided to accommodate the number of livestock regardless of type; b. Proper maintenance/care is adequately provided; and c. The site shall be maintained to avoid any public nuisance. (Ord. No. 2009-3178, § 2, 8-24-09) Sec. 106-743. Breeding kennels (dogs and cats only). Breeding kennels for dogs and cats only, are a permitted accessory use on lots in excess of 43,560 et seq., and any square feet, provided that all of such kennels are licensed according to section 14-81 amendments or additions thereto. Provided further that all animals must be boarded in enclosures located no closer than 100 feet from any property line. The requirements of section 34-126 et seq., and any amendments or additions thereto shall apply in any event. Sec. 106-744. Bed and breakfast. (a) A bed and breakfast shall be operated by resident homeowners. (b) A bed and breakfast shall conform to the requirements of section 106-334 (Performance standards for all residential uses except for single family dwellings). (c) Parking shall be provided in accordance with the requirements of section 106-839 (Number of spaces required). (d) A bed and breakfast shall be allowed one sign per Article VII (Signs) of this chapter. , not exceeding three square feet in area and nonilluminated. This sign may be either mounted on the building or located in a landscaped portion of the yard. Yard signs shall be located in accordance with the provisions of article VII of this chapter. LaPorte,Texas,CodeofOrdinancesPage147 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION2.ACCESSORYBUILDINGS,USESANDEQUIPMENT Sec. 106-745. Commercial-industrial accessory structures and uses. Structures and buildings accessory to commercial or industrial principal uses shall meet all setback and height requirements of the district they are in as if they were principal structures. Accessory buildings or structures shall not exceed 30 percent of the gross floor area of the principal use. Sec. 106-746. Location of heavy truck uses truck terminals restricted. Truck terminals, as defined in section 70-211, shall only be located in areas directly adjacent to the right-of-way of the truck routes specifically designated in section 70-231. (1) Heavy truck uses generated from NAICS uses 484110, 484121, 484220, 484230 and 493 shall only be located within properties directly adjacent to the right-of-way of designated High Frequency Truck Roads, provided those uses comply with the underlying zoning. (2) Overnight parking of heavy trucks shall only be permitted on properties within the GC, MU, MSD and NC zoning districts adjacent to High Frequency Truck Roads. (Code 1970, § 25-84) Sec. 106-747. Coin-operated machines. All sites for coin-operated machines as defined in section 10-31 must be greater than 300 feet from any public or private school, any hospital or any church. This is to be measured using current TABC guidelines. (Code 1970, § 4½-4(b)) Cross reference— Coin-operated machines, § 10-31 et seq. Sec. 106-748. Swimming pools, spas, and hot tubs. No swimming pools, spas, or hot tubs shall be erected or located in any required yard except in accordance with the following provisions: (1) Setbacks. Pools Spas/Hot Decks Pumps, Tubs Filters, Heating Equipment Separation from 6 N/A N/A N/A adjacent structures Side setback 5 5 2 2 Rear setback 5 5 2 2 LaPorte,Texas,CodeofOrdinancesPage148 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION2.ACCESSORYBUILDINGS,USESANDEQUIPMENT Setback from utility 3 May not May not May not easement encroach encroach encroach Front setback See section See section See section See section 106-771(2) (Yard 106-771(2) (Yard 106-771(2) (Yard 106-771(2) (Yard requirements) requirements) requirements) requirements) (2) Fences. Swimming pools, spas, and hot tubs shall be enclosed within a fence at least four feet in height. Fences shall comply with all requirements of the currently adopted edition of the Standard /źƷǤ͸ƭCodeofOrdinances Swimming Pool Code published by the Southern Building Code Congress International, Inc. In the case of a pool located in a front yard adjacent to the shoreline of Galveston Bay, see section 106-792 (Residential large lots and lots adjacent to Galveston Bay). Sec. 106-749. Home occupation. (a) No person other than members of the family residing in the premises shall be engaged in such occupation. (b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purpose by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, nonilluminated, and mounted flat against the wall of the principal building. (d) No display, visible from the exterior of the dwelling shall be connected with such home occupation. (e) There shall be no outside storage of any kind, including vehicles or equipment connected with such home occupation. (f) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street. (g) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal sense off the lot, if the occupation is conducted in a single-family residence. In the case of noise, the level shall not exceed 50 percent of the values established in section 106-521310(b), footnote GB. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises. Sec. 106-750. Office trailers. Office trailers as defined are only allowed subject to the following conditions: (1) Office trailers may be used as construction offices or temporary storage buildings only on construction sites. LaPorte,Texas,CodeofOrdinancesPage149 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION2.ACCESSORYBUILDINGS,USESANDEQUIPMENT (2) No office trailer shall be moved on to a construction site until the required building permit has been issued. (3) All office trailers shall be removed from a construction site once work is completed or abandoned. (4) In no case shall an office trailer be used for overnight sleeping purposes. Sec. 106-751. Shipping containers used for storage. (a) Shipping containers may be used as temporary material storage facilities on construction sites in all zoning districts except residential (R-1, R-2, and R-3). In addition, commercial construction allowed in residential zoning districts may use shipping containers as temporary material storage facilities. (Note: Certificate of occupancy shall not be issued until shipping container is removed from the site.) (b) Shipping containers may be used as an accessory structure in LL, GC, BI and LI zoning districts. Shipping containers utilized as an accessory building/structure shall be subject to the following provisions and shall comply with all applicable permit conditions: (1) It shall comply with all yard setbacks. (2) No larger than 350 square feet and no more than one container may be located at site. In case of light industrial (LI) and business industrial (BI) zoning districts, one container per three acres and maximum of three containers per site shall be permitted. (3) Overall lot coverage shall not exceed those applicable to the subject zoning districts. (4) Containers shall not be stacked. (5) Structure must have a minimum 3/12 pitched composition shingled roof or other material approved by the director. (6) All sidings shall be covered with hardy plank, or other material approved by the director. The doors may remain uncovered. (7) The building may be placed on the ground without a foundation provided that building is anchored to the ground per standard building codes. (8) Structure shall be architecturally and aesthetically complimentary with the primary building. (9) A building permit shall be applicable prior to installation. (10) Within 30 days of the issuance of a building permit, shipping container shall be enclosed within a building or required components shall be attached to the frame of the container. (11) Maintenance of all items required herein is the sole responsibility of the owner. (12) Failure to comply with these provisions will cause removal of the container from the property at the owner's expense. (c) The owners of shipping containers utilized as mobile supply tool/material supply storage units are allowed to stage a maximum of up to two units at their operating business location provided that the units are screened from public view and from right-of-way subject to requirements of subsections 106-444(a), (b) (Commercial performance standards) of this chapter. (Ord. No. 1501-II, § 7, 3-27-00; Ord. No. 1501-NNNN, § 6(Exh. F), 4-25-05; Ord. No. 3290, § 2, 10- 11-10) LaPorte,Texas,CodeofOrdinancesPage150 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION2.ACCESSORYBUILDINGS,USESANDEQUIPMENT Section 106-752. Dumpster enclosures. (a) When utilized, external trash storage shall not be visible from a public street. When visible from a public street, they shall be located in a gated enclosure of sufficient height to conceal the dumpsters, bins and compactors. (b) Permitted materials include solid wood or masonry. (c) Dumpster enclosures shall not be allowed within a public right-of-way, unless approved by the Director of Planning and Development or his/her designee. (d) In the Main Street District, when a dumpster is visible from a public street the dumpster shall be screened. If it is visible only via the alley from a public street, screening will not be required. (e) Areas in and around the dumpster shall be kept clean of debris/unsanitary conditions and the enclosure shall be maintained in a manner that the dumpster is fully screened at all times. Secs. 106-752 Secs. 106-753—106-770. Reserved. LaPorte,Texas,CodeofOrdinancesPage151 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION3.AREAREQUIREMENTS DIVISION 3. AREA REQUIREMENTS Sec. 106-771. Yard requirements. Sec. 106-772. Height requirements. Sec. 106-773. Exterior storage. Secs. 106-774Ï106-788. Reserved. 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. (5) Recreational areas, facilities and open space. Trails, playgrounds, and detention areas located within multi-family residential developments are permitted provided they do not encroach into any utility easement. (Ord. No. 1501-JJ, § 8, 10-14-02) LaPorte,Texas,CodeofOrdinancesPage152 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION3.AREAREQUIREMENTS Sec. 106-772. Height requirements. The building height limits established in this chapter for distances shall not apply to the following except if they are located within an airport height restriction area: (1) Belfries; (2) Chimneys or flues; (3) Church spires, not exceeding 20 feet above roof; (4) Cooling towers; (5) Cupolas and domes which do not contain usable space; (6) Elevator penthouses; (7) Flagpoles; (8) Monuments; (9) Parapet walls extending not more than three feet above the limiting height of the building; (10) Water towers; (11) Poles, towers, and other structures for essential services; (12) Necessary mechanical and electrical appurtenances; (13) Television and radio antennas not exceeding 20 feet above roof; (14) Wind electrical generating equipment; (15) Heavy industrial (HI) facilities, with a special conditional use permit. See section 106-521310 (Table A, commercial and industrial uses) and section 106-522 (Table B, industrial area requirements). (Ord. No. 1501-BB, § 7, 9-15-98) Sec. 106-773. Exterior storage. In residential zones, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: (1) Clothesline poles and wires; (2) Construction and landscaping material currently being used on the premises; (3) Off-street parking of passenger vehicles and light trucks, as defined in this chapter; (4) Firewood, compost, or residential lawn and garden tools. Secs. 106-774—106-788. Reserved. LaPorte,Texas,CodeofOrdinancesPage153 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION4.FENCINGANDLANDSCAPINGREQUIREMENTS DIVISION 4. FENCING AND LANDSCAPING REQUIREMENTS Sec. 106-789. Fence materials. Sec. 106-790. Subdivision perimeter fences. Sec. 106-791. Front yard areas. Sec. 106-792. Large lot residential lots. Sec. 106-793. Fences in side and rear yards. Sec. 106-794. Fences and trees on utility easements. Sec. 106-795. Maintenance of fences. Sec. 106-796. Barbed wire fences. Sec. 106-797. Property line fences in industrial districts. Sec. 106-798. Fencing and wall requirements for automotive wrecking, salvage yards, junk dealers, etc. Sec. 106-799. Construction, maintenance of electric fences. Sec. 106-800. Landscaping. Sec. 106-801. Tree preservation. Sec. 106-802. Tree replacement Sec. 106-803. Tree fund. Sec. 106-804. Protective fencing. Sec. 106-805. Visibility triangles. Secs. 106-806Ï106-830. Reserved. Sec. 106-789. Fence materials. Allowable fence material shall include wood pickets, chain link, masonry, and wrought iron. Any other materials are subject to approval by the director of planning. (Ord. No. 2009-3173, § 3, 8-24-09) Sec. 106-790. Subdivision perimeter fences. Subdivision perimeter fences shall be required in recorded subdivisions that exceed five acres. Such perimeter fences shall not exceed eight feet in height. Materials shall be limited to opaque wood fences with brick base and columns and solid brick fences when subdivision backs up to major thoroughfare. The director of planning may approve other material that meets the intent of this section. (Ord. No. 2009-3173, § 4, 8-24-09) Sec. 106-791. Front yard areas. No fences, structures, grading, or barrier hedges shall be permitted within any front yard areas except in the case of large lot residential large lots, or in the case of lots with a front yard directly adjacent LaPorte,Texas,CodeofOrdinancesPage154 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION4.FENCINGANDLANDSCAPINGREQUIREMENTS to the shoreline of Galveston Bay, as provided in section 106-792 (Residential large lots and lots adjacent to Galveston Bay). Sec. 106-792. Large lot rResidential large lots and lots adjacent to Galveston Bay. In the case of large lot residential large lots, eight feet perimeter fences are permitted as an accessory use. In the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, four feet front yard fences are permitted parallel and adjacent to the side lot lines. However, such fences shall be permitted on the front lot line directly adjacent to Galveston Bay, and shall only be constituted of chain link. These exceptions do not permit structures, grading, or barrier hedges. (Ord. No. 2009-3173, § 5, 8-24-09) Sec. 106-793. Fences in side and rear yards. Within side yards and rear yards, fences of not higher than eight feet including six-inch rot boards and walls 42 inches high or less shall be permitted. (Ord. No. 2009-3173, § 6, 8-24-09) Sec. 106-794. Fences and trees on utility easements. Fences or trees placed upon utility easements are subject to removal at the owner's expense if required for the maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall not exceed ten feet in height. Sec. 106-795. Maintenance of fences. Both sides of the fence must be maintained in good condition by the owner of the fence and grass/ground cover adjoining the fence must be mowed and weeds removed on a regular basis. Subdivision perimeter fences or walls shall be maintained and repaired by the developer, owner, owner's agent, and/or homeowner association or the management company of a subdivision. Maintenance, repair or replacement of wood or masonry fence around manufactured housing parks is the sole responsibility of the owner, its agent, or the management company. (Ord. No. 2009-3173, § 7, 8-24-09) Sec. 106-796. Barbed wire fences. Barbed wire fences shall not be permitted, used or constructed except in industrial districts or to control livestock as hereinafter provided. Sec. 106-797. Property line fences in commercial and industrial districts. Property line fences in any industrial district shall not exceed eight feet in height except that: (1) Fences erected along a property line in common with a residential district shall be subject to the provisions herein described in residential district fences; and LaPorte,Texas,CodeofOrdinancesPage155 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION4.FENCINGANDLANDSCAPINGREQUIREMENTS (2) Fences in commercial and industrial zones which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet above the ground, and such fence shall not be front yard setback of any erected within the required landscaped portion of any yard or the commercial or industrial establishment. Sec. 106-798. Fencing and wall requirements for automotive wrecking, salvage yards, junk dealers, etc. (a) General requirement. Every automotive wrecking and salvage yard/junk dealer/scrap metal processor yard with the city shall be completely surrounded and enclosed by a solid fence or wall which is at least eight feet in height. (b) Construction, maintenance of fence or wall. Every fence or wall herein shall be constructed and maintained as follows: (1) All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link or any combination thereof; provided, however, that any one side of an automotive wrecking and salvage yard/junk yard/scrap metal processing yard shall be bounded by a fence or wall constructed of only one of the above materials. (2) Chain link fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through all links of the chain link fence. (3) All fences or walls shall extend downward to within three inches of the ground and shall test plum and square at all times. (4) All fences or walls shall be constructed in compliance with all applicable provisions of the building code of the city. (c) Use of wall, door or building as part of fence or wall. Any part of a fence or wall required by subsection (a) of this section may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on the premises, if such wall or door meets all construction requirements set forth in this section. (d) Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to permit reasonable access to said automotive wrecking and salvage yards/junk yards/scrap metal processing yards shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements for a fence or wall set forth in this section. Such gates shall be closed and securely locked at all times except during normal daytime business hours. (Code 1970, £ 12đ-14(c)Ï(f)) Sec. 106-799. Construction, maintenance of electric fences. (a) Except as provided herein, it shall be unlawful for any person owning or controlling any property in the city to construct, maintain, or permit to remain on such property any fence charged with electricity, or to cause any fence to become charged with a current of electricity, to connect any such fence with a source of electricity or to permit any fence under the control of such person to be connected with a source of electricity. (b) The use of electric fences shall be allowed on the premises of any single family dwelling, without regard to the zoning district classification of the property, only for the purpose of erecting an enclosure to restrain the movement of dogs and/or livestock. All electric fence equipment so utilized LaPorte,Texas,CodeofOrdinancesPage156 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION4.FENCINGANDLANDSCAPINGREQUIREMENTS shall be a UL approved product and installed and maintained in accordance with the manufacturer's instructions. The owner and/or controller of the premises shall be responsible for 1) obtaining a building permit prior to installation of the electric fence; 2) installing and maintaining signage that identifies the fence as an "electric fence", and 3) scheduling a city inspection to confirm the product is tested/approved and installed in accordance with manufacturer's instructions. (c) Permit fees shall be in accordance with appendix A of the Code of Ordinances. (d) In any prosecution under this section testimony that any fence was under the control of the defendant or situated on his premises and that any person received an electric shock by coming in contact with such fence shall be prima facie evidence that such defendant caused such fence to be charged with a current of electricity and caused and permitted such fence to be connected with a source of electricity. (Code 1970, § 8-3; Ord. No. 1501-L6, § 6(Exh. F), 10-16-08) Sec. 106-800. Landscaping. (a) Landscaping is required along the front property line and along the side property lines in a minimum four feet wide planting strip with a combination of trees and shrubs. 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 owner's 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 Rrequired landscaping 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. In instances where the side or rear property line abuts residential, landscaping shall be required in accordance with section Section 106-444(a) (Screening). b. Adjacent to rights-of-way.Trees within the planting strip. There shall be at least one ornamental shade tree for every 30 linear feet of front property. landscape area on sites not abutting major thoroughfares. For sites abutting major thoroughfares, there shall be at least one ornamental tree for every 20 linear feet. 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 tree for every 20 linear feet of front property. Trees shall be planted within the planting strip in a boulevard type manner on center and uniform distance from the curb or pavement. c. Shrubs within the planting strip. When a parking 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 inch in height. LaPorte,Texas,CodeofOrdinancesPage157 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION4.FENCINGANDLANDSCAPINGREQUIREMENTS bd. Landscaping located in sight triangles shall be maintained in a manner that maintains an area of clear visibility between three and six feet as measured vertically from the adjacent prevailing grade shall be in accordance with the visibility triangle requirements in sec. 106- 311 (Visibility triangle). ce. 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. iii. The minimum size of pParking lot trees shall be a minimum two-inch caliper in size. iv. The minimum height of parking lot trees shall be six feet. f. When adjacent to residential, landscaping shall be required in accordance with section Section 106-444(a) (Screening). (2) Types of plants 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 caliper 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 plants shall be no less than five gallons in size and spaced no more than three feet on center. c. Combination of trees and shrubs in a required landscape area should form a continual evergreen hedge or row of 36 inch in height when screening a parking area. (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 stops must be provided along perimeter frontage to ensure no overhang or damage to landscape area. (4) Irrigation. A programmable automatic irrigation system shall be provided to all landscaped areas subject to the following: Water conservation or rain sensor devices shall be used in accordance with applicable city requirements. a. On developments greater than one acre, a programmable automatic irrigation system with rain sensor devices shall be 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 UniversityÓs current table for this region. These plantings must be established through manual irrigation for a minimum of 6 weeks after planting. (d) Landscaping/screening for shipping container facilities. LaPorte,Texas,CodeofOrdinancesPage158 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION4.FENCINGANDLANDSCAPINGREQUIREMENTS (1) The property owner or tenant shall provide a natural screening. This will be accomplished in one of three ways. a. Leave in place existing trees, vegetation, underbrush, etc. to provide a thorough, continuous and effective opaque visual screening of the shipping container development. b. Construct earthen berms with a combination of trees, shrubs, and ground cover that after three years will be at least 20 feet in height and creates a continuous visual screen. c. Develop a screening plan that would be approved by the city that includes a combination of trees, shrubs, and ground cover that after three years will be at least 20 feet in height and creates a continuous visual screen. (2) The property owner or tenant will provide screening along the frontage of the site and along the side yards for a distance of 50 feet. In the advent that the site is adjacent to a commercial or residential use, the screening shall be required for the entire length of the adjacent yard area. (3) All required screening shall be adjusted away from overhead power lines to allow for full maturity of the trees without unnecessary trimming or topping of the trees. (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). (Ord. No. 1501-X, § 5, 12-16-96; Ord. No. 1501-II, § 8, 3-27-00; Ord. No. 3243, § 2, 4-26-10) Sec. 106-801. Tree preservation. (a) It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction. The city encourages site planning which furthers the preservation of trees and natural areas by the following methods: To protect trees during construction; to facilitate site design and construction which contributes to the long term viability of existing trees; and to control premature removal of trees; require on-site replacement of trees that must be removed and require off-site replacement of trees that cannot be replaced on-site, either by direct planting or through a contribution to the tree fund established in section 106-803 (Tree fund) of this chapter. It is the further intent of this section to achieve the following objectives: (1) Protect healthy trees and preserve the natural, environmental, and aesthetic qualities of the city to the degree possible. (2) Protect and increase the value of residential and commercial properties within the city. (3) Discourage premature clear-cutting of property. (4) Maintain and enhance a positive image for the attraction of new developments to the city. (b) It shall be unlawful for any person to cause or permit the destruction of any healthy native tree within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and/or destroyed where if the tree is obviously diseased or determined to be diseased by an arborist or in the opinion of the planning director or his designated representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along any such right-of-way. LaPorte,Texas,CodeofOrdinancesPage159 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION4.FENCINGANDLANDSCAPINGREQUIREMENTS (c) No person, firm or corporation desirous of developing or improving any parcel of property, shall remove or cause the removal of any tree from said property without first obtaining a clearing permit which would allow clearing of buildable areas only. (Ord. No. 3243, § 3, 4-26-10) Sec. 106-802. Tree replacement A tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction of any qualifying protected tree. In the event that it is necessary to remove a protected tree, as a condition of a building permit issuance, applicant shall be required to replace the tree(s) being removed with replacement trees as follows: (a) Number of replacement trees. Tree disposition conditions and tree permit authorizing removal of or damage to large trees or protected trees shall normally require replacement by one or more newly planted trees on the same subject site. If this is not feasible, the owner or developer must plant and maintain off-site replacement trees in reasonable proximity to the subject site. (b) Minimum size. Replacement trees must normally have a trunk caliper of at least two inches measured six inches from the ground. The enforcement officer may prescribe a proportionally smaller trunk caliper for certain species of trees, i.e. Crepe Myrtle. (c) Qualified trees. To be a "qualified tree", a tree must comply with the recommended tree list "native or protected" of the city. (d) Standard of review. The enforcement officer shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize undue burden resulting from this section. (e) Trees in street area. Before authorizing establishment or maintenance of tree or decorative landscaping, such as lighting or a watering system in a street area, the building official must be satisfied that Tex. Trans. Code, Chapter 316 has been complied with and also confirms there would be no violation of the provisions relating to visibility triangles and future overhead obstruction. A sufficient number and diameter of replacement trees shall be planted on the subject site in order to equal the total diameter inches, as determined above. If this is not feasible, the applicant may, upon approval by the director, plant and maintain off-site replacement trees in accordance with this section. (Ord. No. 1501-R5, § 6(Exh. F), 6-27-05; Ord. No. 3243, § 4, 4-26-10) Sec. 106-803. Tree fund. There is hereby established a tree fund, which shall be administered by the director of parks and recreation or his/her designee. All revenues, mitigation fees, and penalties received pursuant to this section, or for the enforcement thereof, and any donations or grant monies received to achieve the purpose of tree preservation or replacement, shall be deposited into the tree fund. Monies in the tree fund may be used to purchase trees required for replacement but may not be used in any manner that will profit the grantee. Tree replacement fee shall be calculated at the rate of $100.00 $50.00 per caliper inch of tree otherwise required or shall be periodically adjusted as the market value of replacement trees warrants. The amount paid to the tree fund shall be applied at a maximum of $5,000 per acre (or fraction thereof) with a maximum total payment of $100,000 per development. LaPorte,Texas,CodeofOrdinancesPage160 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION4.FENCINGANDLANDSCAPINGREQUIREMENTS The owner or developer of any lot or tract of land required to replace trees in accordance with this chapter may, as an alternative, and upon approval by the city, pay a prescribed fee/amount into the tree fund in accordance with the following conditions: (1) Residential and non-residential site plans/plats. Payment to the tree fund must be received by the city prior to the submission of the development site plan and/or final plat approval by the planning and zoning commission. (2) Building permits not requiring site plans/plats. Payment to the tree fund must be received by the city prior to the issuance of a building permit. (Ord. No. 3243, § 5, 4-26-10) Sec. 106-804. Protective fencing. (a) Fences required. Unless otherwise specified in the tree disposition conditions, each protected tree to be preserved must be fenced during development or pre-development activity. (b) Fence criteria. Unless the tree disposition conditions specify otherwise: (1) A six-foot or higher fence must surround each protected tree or group of trees, preventing people, machinery, trash, material, and other items from occupying the area within the protective fencing. (2) The fence must be constructed of durable, highly visible materials supported on poles firmly set in the ground. (3) The fence must be able to resist intrusions and impact likely to be encountered on a construction site. (4) The fence may incorporate existing fences or walls as well as temporary fencing. (5) Each fence must display a prominent warning sign. (c) Trash, storage prohibited. It shall be unlawful for any person to use the area within the protective fencing for trash disposal, storage, vehicle parking or any other use that could adversely affect tree roots. (d) If the developer chooses not to fence the tree, the amount paid to the tree fund is doubled the calculated cost to the tree fund for that tree if it is severely damaged. The cap does not apply to this amount. (Ord. No. 1501-R5, § 6(Exh. F), 6-27-05; Ord. No. 3243, § 5, 4-26-10) Editor's note— Ordinance No. 3243, § 5, adopted April 26, 2010, added a new. Therefore, the § 106-803 existing §§, was renumbered as §§, at the editor's 106-803 106-804 106-804 106-805 discretion. Sec. 106-805. Visibility triangles. It shall be unlawful for any person to plant or maintain any plant or ground cover within a visibility triangle, if the plant has a height greater than three feet above the street gutter flow line. It shall be unlawful for any person to plant or maintain a tree, which has branches or foliage within or above a LaPorte,Texas,CodeofOrdinancesPage161 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS DIVISION4.FENCINGANDLANDSCAPINGREQUIREMENTS visibility triangle at a height lower than fifteen feet above the street gutter flow line. The city may enter a visibility triangle and remove growths prohibited by this section. (Ord. No. 1501-R5, § 6(Exh. F), 6-27-05; Ord. No. 3243, § 5, 4-26-10) Editor's note— Ordinance No. 3243, § 5, adopted April 26, 2010, added a new. Therefore, the § 106-803 existing §§, was renumbered as §§, at the editor's 106-803 106-804 106-804 106-805 discretion. Secs. 106-805806—106-830. Reserved. LaPorte,Texas,CodeofOrdinancesPage162 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING \[10\] ARTICLE VI. OFF-STREET PARKING Sec. 106-831. Purpose. Sec. 106-832. Application of these regulations to all zoning districts; exception for Main Street overlay district. Sec. 106-833. Site plan drawing. Sec. 106-834. General provisions. Sec. 106-835. Design standards (also see Figures 10-1, 10-2 and 10-3). Sec. 106-836. Maintenance. Sec. 106-837. Location. Sec. 106-838. Use of required area. Sec. 106-839. Number of spaces required. Sec. 106-840. Off-street loading requirements. Secs. 106-841Ï106-870. Reserved. Sec. 106-831. Purpose. (a) The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures. (b) In parking lots comprised of 25 or more spaces, a maximum of eight percent of required parking (c) spaces may be developed as landscape islands, subject to the requirements of section 106-800 (Landscaping). These islands shall count towards the total percentage of landscaping required in sections 106-333 (Table B, residential area requirements), 106-443 (Table B, commercial area requirements), and 106-522 (Table B, industrial area requirements). Sec. 106-832. Application of these regulations to all zoning districts; exception for Main Street overlay district. (a) The regulations and requirements set forth in this article shall apply to all off-street parking facilities in all of the zoning districts of the city, with the exception of the Main Street overlay district, which said parking regulations are as set forth below. (b) Main Street overlay district parking regulations. In the Main Street overlay district, parking is required for new buildings for employees only, with a minimum of two spaces being required. In said district applicable streets and/or alleys are allowed to count as the driving aisle or access to said parking spaces. For new buildings in the Main Street overlay district, no parking lots are allowed to be developed in front of said new buildings. (Ord. No. 1501-AAAA, § 6, 10-11-04) LaPorte,Texas,CodeofOrdinancesPage163 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING Sec. 106-833. Site plan drawing. All applications for a building or a zoning permit in all zoning districts shall be accompanied by a certified site plan drawn to scale and dimensioned indicating the compliance with the requirements set forth in this article. Sec. 106-834. General provisions. (a) Floor area. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, minus 15 percent. (b) Reduction of existing off-street parking space or lot area. Off-street parking spaces and loading spaces or lot area existing upon the effective date of this chapter shall not be reduced in number or size unless said number or size exceeds the requirements set forth in this article for a similar new use. (c) Nonconforming structures. Should a nonconforming structure or use be damaged or destroyed by fire, it may be reestablished if elsewhere permitted in these zoning regulations, except that in doing so, all off-street parking or loading spaces shall meet the requirements of this chapter. (d) Change of use or occupancy of land. No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. (e) Change of use or occupancy of buildings. Any change of use of occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations. (f) Garage requirement. Every single-family dwelling unit hereafter erected shall be so located on the lot so that at least a two-car garage, either attached or detached, can be located and accessed on said lot. (g) Residential use. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial motor vehicles or equipment, pole trailers, semitrailers, shipping containers, trailers, trucks, or truck tractors. Boat or recreational vehicles, are not subjected to the restrictions imposed by this section. (h) Calculating space. (1) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space. (2) In stadiums, sport arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facilities shall be counted as one seat for the purpose of determining parking requirements. (3) Should a structure contain two or more types of use, each use shall be calculated separately for determining the total off-street parking space required. LaPorte,Texas,CodeofOrdinancesPage164 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING 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 nine feet wide and 18 feet in length, and each ADA/Texas Accessibility Standards (TAS) accessible parking space shall not be less than 14 feet wide and 20 feet in length, exclusive of access aisles, and each space shall be served adequately by access aisles (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. (2) All multifamily developments must include an area designated for accommodation of school buses and the loading and unloading of passengers. Wherever possible said pick up/drop off sites should be located such that the passengers can be protected from the elements. Such areas must comply with minimum standards necessary for the efficient ingress, egress, and maneuvering of school buses for the loading and unloading of passengers as set by the La Porte Independent School District. A copy of these standards can be obtained from the school district. (3) In the case of off-street parking facilities located within multifamily developments all non- adjacent garage structures divided by parking bays or access aisles shall be separated by no less than 28 feet. (4) Maneuvering aisle. A minimum of a 25-foot maneuvering aisle is required for 90-degree parking. A minimum of a 18-foot maneuvering aisle is required for 60- and 45-degree parking. (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. (e)δIĻğķźƓδƦğƩƉźƓŭƭƦğĭĻƭ͵Inthecaseofoffstreetparkingfacilitieslocatedwithinmultiple o familydevelopmentsexclusivelyserving"senior"ageindividuals,all90or"headin"parkingis prohibited. LaPorte,Texas,CodeofOrdinancesPage165 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING FIGURE 10-1 LaPorte,Texas,CodeofOrdinancesPage166 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING FIGURE 10-2 CURB AND DRIVEWAY CRITERIA, RESIDENTIAL DISTRICTS (R-1, R-2, R-3, LL, MH) Driveway Requirements Drive width 12 minimum to 25 maximum Curb return radius 2 to 5 3Ó minimum to 15Ó maximum Curb return cannot cross property line Distance from intersection 25 min.* Spacing between driveway 10 min. Distance from side lot line 3 min. Intersecting angle 90 Approach grade 5% max. For concrete drives only: a. Material Min. 4 thickness w/ 6×6-6/6 W.W.M. b. Expansion joint At property line c. Curb (if applicable) Curb disappearing at property line Curbs disappear at property line if no curb is present at existing street. Obstruction clearance Min. 3 from poles, hydrants, etc. * This distance shall be measured from the intersection of property lines common with street right-of-way lines. LaPorte,Texas,CodeofOrdinancesPage167 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING FIGURE 10-3 CURB AND DRIVEWAY CRITERIA COMMERCIAL AND INDUSTRIAL DISTRICTS (CRMU, MS, NC, GC, BI, LI, HI) Driveway Criteria Requirements Commercial Industrial Drive width 20 minimum to 25 35Ó maximum; when adjacent roadway 30 minimum to 40 50Ó speed limit is 55 MPH or greater minimum 30Ó to maximum maximum 45Ó Curb return radius 10 minimum to 15 25Ó maximum 10 minimum to 15 30Ó maximum Curb return cannot cross property line. Curb return cannot cross property line. Distance from 40 min.* 40 min.* intersection Spacing between 40 min. 40 min. driveways Number of 1/80; 2/150 1/80; 2/150 accesses % of property 40% 40% frontage Intersecting angle 90 90 Approach grade 5% max. 5% max. Expansion joint At prop. line At prop. line Curbs Disappearing Disappearing at prop. line at prop. line Curbs disappear at property line if no curb is present at Curbs disappear at existing street. property line if no curb is present at LaPorte,Texas,CodeofOrdinancesPage168 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING existing street. Obstruction 5 min. 5 min. clearance Distance from side 10 min. 10 min. lot line * The distance shall be measured from the intersection of property lines common with the street right-of-way lines. (e) Driveway approaches. Driveway approaches shall be a minimum two feet from the side property line in residential districts, and ten feet from the side property line in business or industrial districts, or R- 3 residential districts. (f) Surfacing. All areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Except in the case of single-family and two-family dwellings, driveways and stalls shall be surfaced with standard concrete, hot-mix asphalt, or chip seal (TxDOT Standard 316 surface treatment) in conformance with the public improvements criteria manual (PICM). Plans for surfacing and drainage of driveway and stalls for five or more vehicles shall be submitted to the director for his review and the final drainage plan shall be subject to his written approval. (g) Striping. Except for single-family, two-family and townhouse dwellings, all parking stalls shall be marked with painted lines not less than four inches wide. (h) Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public right-of-way. Reference Section 106-310 (a) (i) Curbing. Except for single-family, two-family and townhouse dwellings, all open off-street parking shall have a curb barrier not closer than two feet to all street frontage. when determined to be necessary to maintain landscaping structure and retain water runoff. (j) Required screening. Any screening required shall consist of the following: (1) A planting strip shall consist of evergreen groundcover, and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures or other use. Such planting strip shall not be less than six feet in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet of the required screen. (2) Standards: a. Width of planting strip: Four feet. b. Type of planting: Evergreen. c. Size of plants: Minimal height of four feet at time of planting. Must reach a height of six feet within two years. d. Planting density: Such that within two years of normal growth, a solid screen will be formed to a height of at least six feet above adjacent grade. (3) Screening will be required in the following situations: LaPorte,Texas,CodeofOrdinancesPage169 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING a. Parking areas for recreational buildings, community centers, religious, and private and public educational institutions. b. Manufactured housing parks and subdivisions shall be screened from abutting uses. (4) Required screening will count toward the required percentage of landscaping. (k) Parking lot screening. A landscape buffer shall be maintained between all open, nonresidential off- street parking areas of five or more spaces abutting residential districts. Landscape buffers shall be a minimum of four feet in width. Plantings should consist of trees and low evergreen shrubs. Planting plans shall be approved by the director. (Ord. No. 1501-JJ, § 9, 10-14-02; Ord. No. 1501-N6, § 6(Exh. F), 1-12-09) Sec. 106-836. Maintenance. It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or building to maintain, in a neat and adequate manner, the parking spaces, accessways, striping, landscaping, and required fences. Sec. 106-837. Location. All accessory off-street parking facilities required by this chapter shall be located and restricted as follows: (1) Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of subsections 106-444(e) and (f) (Commercial use performance standards), off-site parking, and joint parking. (2) Except for single-family, two-family and townhouse dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. (3) There shall be no off-street parking within 15 feet of any street surface. (4) The boulevard portion of the street right-of-way shall not be used for parking. (5) Setback area. Required accessory off-street parking shall not be provided in front yard setbacks or in side yard setbacks in the case of a corner lot, in R-1 and R-2 districts. (6) In the case of single-family, two-family, and townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways or one open, surfaced space located on the side of a driveway, away from the principal use. Such extra space shall be surfaced with concrete or bituminous material, with the exception of those properties in the Large Lot District which may be unpaved. Sec. 106-838. Use of required area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, or storage of inoperable vehicles as regulated by the junk vehicle requirements in section 34-166 et seq. LaPorte,Texas,CodeofOrdinancesPage170 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING Sec. 106-839. Number of spaces required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. Such required parking shall include the required number of handicapped parking spaces as regulated by the /źƷǤ͸ƭCodeofOrdinances city building code, and the Southern Standard Building Code. 2012 2012 NAICS Title MINIMUM NUMBER OF REQUIRED NAICS PARKING SPACES (combination) Code 23 General Contractors 3 4 Minimum plus 1 per 1,000 s.f. 31-33 Manufacturing 4 10 Minimum plus 1 per Employee 3 per 1,000 s.f. 42 Wholesale Trade 4 Minimum plus 3 per 1.000 s.f. office 1 per 1.5 non-office employee 4411 Automobile Dealers 4 Minimum plus 1 per Employee 4412 Other Motor Vehicle Dealers 1 per 500 s.f. showroom area 4413 Automotive Parts, Accessories and Tire Stores 4 Minimum plus 4 per 1,000 s.f. retail area 442 Furniture and Home Furnishings Stores 4 Minimum plus 4 per 1,000 s.f. retail 443 Electronics and Appliance Stores area 444 Building Material and Garden Equipment and Supply Dealers 445 Food and Beverage Stores 446 Health and Personal Care Stores 44711 Gasoline Stations with Convenience Stores 4 Minimum plus 3 per 1,000 s.f. retail area 44719 Other Gasoline Stations 4 Minimum plus 2 per service stall 448 Clothing and Accessory Stores 4 Minimum plus 4 per 1,000 s.f. retail space 5 per 1,000 s.f. (min 4) 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores 4 Minimum plus 4 per 1,000 s.f. retail 452 General Merchandise Stores space 453 Miscellaneous Store Retailers 5 per 1,000 s.f. (min 4) 4541 Electronic Shopping and Mail-Order Houses 4 Minimum plus 4 per 1,000 s.f. 5 per 1,000 s.f. (min 4) 4542 Vending Machine Operators 4 Minimum plus 3 per 1,000 s.f. office 4543 Direct Selling Establishments area 1 per 1.5 non-office employee 48-49 Transportation and Warehousing 4 Minimum plus 3 per 1,000 s.f./office 1 per non-office employee 51211 Motion Picture and Video Production 4 Minimum plus 3 per 1,000 s.f. office 51212 Motion Picture and Video Distribution 1 per non-office employee 512131 Motion Picture Theaters (except Drive-ins) 10 Minimum plus 1 per 4 Seats 512132 Drive-in Motion Picture Theaters 10 minimum plus 1 per employee 51219 Postproduction Services and Other Motion Picture and Video 4 Minimum plus 3 per 1,000 s.f. office 5122 Industries 1 per non-office employee Sound Recording Industry LaPorte,Texas,CodeofOrdinancesPage171 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING 2012 2012 NAICS Title MINIMUM NUMBER OF REQUIRED NAICS PARKING SPACES (combination) Code 52 Finance and Insurance 4 Minimum plus 1 per 400 s.f. 531 Real Estate 4 Minimum plus 1 per 300 s.f./office 53211 Passenger Car Leasing 4 Minimum plus 1 per employee 1 per 500 s.f./showroom area 1 per 1000 sf/ office area 53212 Truck, Utility Trailer, and RV Rental and Leasing 4 Minimum plus 3 per 1,000 s.f./office 5322 Consumer Goods Rental 1 per non-office employee 5323 General Rental Centers 5324 Commercial and Industrial Machinery and Equipment Rental and Leasing 54 Professional, Scientific, and Technical Services 4 Minimum plus 3 per 1,000 s.f./office 1 per non-office employee 55 Management of Companies and Enterprises 4 Minimum plus 3 per 1,000 s.f./office 1 per non-office employee 56 Administrative and Support, Waste Management, and 4 Minimum plus 3 per 1,000 s.f./office Remediation Services (except 561450 Credit Agencies) 1 per non-office employee 561450 Credit Agencies 4 Minimum plus 1 per 300 s.f. 611110 Public or Private Educational (except Senior High School) 10 Minimum plus 1 per 20 Students 1 per Staff Member (10 Minimum) 611110 Senior High School 10 Minimum plus 1 per 4 Students 1 per Staff Member (10 minimum) 6112 Junior Colleges 10 Minimum plus 1 per 1.5 Students 6113 Colleges, Universities and Professional Schools 1 per Staff Member 6114 Business Schools and Computer and Management Training (10 minimum) 6115 Technical and Trade Schools 6116 Other Schools and Instruction 6117 Educational Support Services 10 Minimum plus 1 per 4 Students 1 per Staff Member (10 minimum) 621 Ambulatory Health Care Service 4 Minimum plus 1 per 400 s.f. 622 Hospitals 4 Minimum plus 1 per 2 Beds 623 Nursing and Residential Care Facilities 4 Minimum plus 1 per 2 Beds 6241 Individual and Family Services 10 Minimum plus 1 per 300 s.f. 6242 Community Food and Housing, and Emergency and Other Relief Services 6243 Vocational Rehabilitation Services 6244 Child Day Care Facility 4 Minimum plus 1 per 5 Children 1 per Staff Member (4 Minimum) 711 Performing Arts, Spectator Sports, and Related Industries 10 Minimum plus 1 per 500 s.f. 1 per 4 seats in assembly area LaPorte,Texas,CodeofOrdinancesPage172 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING 2012 2012 NAICS Title MINIMUM NUMBER OF REQUIRED NAICS PARKING SPACES (combination) Code 712 Museums, Historical Sites, and Similar Institutions 10 Minimum plus 1 per 1,000 s.f. in excess of 2,000 s.f. 1 per 500 s.f. 713 Amusement, Gambling, and Recreation Industries 10 Minimum plus 1 per 200 s.f. in excess of 2,000 s.f. 1 per 500 s.f. 72111 Accommodations 4 Minimum plus 1 per Rental Room 1 per Employee 72119 Bed and Breakfast Inns 2 Minimum plus 1 per each Rental Room 722 Food Services and Drinking Places 4 Minimum plus 10 per 1,000 s.f 1 per 100 (10 minimum) 8111 Automotive Repair and Maintenance 4 Minimum plus 2 per service stall 8112 Electronic and Precision Equipment Repair and Maintenance 4 Minimum plus 2 per 1,000 s.f. of 8113 Commercial and Industrial Machinery and Equipment (except shop area Automotive and Electronic) Repair and Maintenance 8114 Personal and Household Goods Repair and Maintenance 812 Personal and Laundry Services 4 Minimum plus 4 per 1,000 s.f. retail space 8131 Religious Organizations 10 Minimum plus 1 per 4 seats in assembly hall 8132 Grantmaking and Giving Services 4 Minimum plus 1 per 300 s.f. 8133 Social Advocacy Organizations 8134 Civic and Social Organizations 10 Minimum plus 1 per 200 s.f. in excess of 2,000 s.f. 8139 Business, Professional, Labor, Political, and Similar Orgaizations 4 Minimum plus 1 per 300 s.f. 814110 Households, Private, Employing (Including single-family, attached 2 per Dwelling Unit or detached townhouses, duplexes, manufactured housing, patio homes, modular housing and up to four unit multifamily) 814110 Multifamily including condominiums 1 per Efficiency Unit 1.5 per 1 Bedroom 2.5 per 2 Bedrooms 3 per 3 or more Bedrooms 2 per 2 Bedroom 2.5 per 3 Bedroom Multifamily (Senior Only) including condominiums 1 per Efficiency Unit 1 per 1 Bedroom 1.5 per 2 Bedrooms 2 per 3 Bedrooms 1 Visitor per 10 Units 92 Public Administration 1 per 300 s.f. Number of Required for Uses (SIC Code) Parking Each Spaces* LaPorte,Texas,CodeofOrdinancesPage173 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING Single-family, attached or detached townhouses, duplexes, 2 dwelling unit manufactured housing, patio homes, modular housing and up to four unit multifamily Multifamily including condominiums 1 efficiency unit 1.5 1 bedroom 2.5 2 bedrooms 3 3 or more bedrooms Group care facilities1 4 beds 1 staff member or employee Day care centers 1 5 children 1 staff member 10 Minimum, Plus Recreational buildings, private clubs, community centers 1 200 s.f. in excess of 2,000 s.f. Libraries, museums 1 1,000 s.f. in excess of 2,000 s.f. Religious institutions, theaters, auditoriums 1 4 seats in assembly hall Public or private educational, elementary, and junior high 1 20 students 1 staff member Senior high school 1 4 students 1 staff member Governmental and public utility buildings and office structures 1 300 s.f. of Colleges and technical institutes 1 1.5 students 1 staff member LaPorte,Texas,CodeofOrdinancesPage174 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING 4 Minimum, Plus Rest homes, nursing homes, (805) convalescent homes 1 2 beds Hospitals (806) 1 2 beds Banking 1 400 s.f. Credit agencies, business services, brokers, insurance, real estate, 1 300 s.f. and holding companies (601Ï679 and 731Ï739) Hotel, motels, roominghouses (701Ï704) 1 rental room 1 employee Misc. repair services, electrical, TV, and watch repair (762Ï769) 2 1,000 s.f. of shop area Health, legal and social services (801Ï804, 811 and 832) 3 1,000 s.f. Manufacturing 3 1,000 s.f. 1 1.5 employees General contractors (152Ï162) 3 1,000 s.f./office Special trade contractors (171Ï179) 1 3 nonoffice employees Terminal and service facilities for motor vehicle passenger 3 1,000 s.f./office transportation (417)1 Fleet vehicle stored on premises Motor freight transportation, storage, and warehousing (421Ï423) 3 1,000 s.f./office 1 1.5 nonoffice employees 1 vehicle stored on premises LaPorte,Texas,CodeofOrdinancesPage175 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING Wholesale trade, durable and nondurable (501Ï519) 3 1,000 s.f./office 1 1.5 nonoffice employees vehicle stored 1 on premises Building materials, hardware, garden supply and mobile home 4 1,000 s.f./retail dealers (521Ï527) space 1.5 yard or open 1 space employees General merchandise stores, food stores, apparel and accessory 4 1,000 s.f./retail stores, furniture and home furnishings, and misc. retail (531Ï549; space 561Ï573; and 591Ï599; 553) Personal service, beauty and barber shops, etc. (721Ï729 except 4 1,000 s.f. 7218) Automotive dealers (551Ï559) (except 553Ï554) 1 employee 1 500 s.f./showroom area Gasoline service stations (554), automotive repair, services and service stall 2 garages Eating and drinking establishment (581) 10 1,000 s.f. 2 Minimum, Plus Bed and breakfast 1 each rental room Footnotes: These numbers are the minimum required regardless of building or use size. Product inventory cannot utilize required parking per the provisions of this section. Parking requirements of this section must be accommodated on-site and may not include street parking, with the exception of uses in the Main Street District with Overlay and Mixed Use District. LaPorte,Texas,CodeofOrdinancesPage176 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING Sec. 106-840. Off-street loading berth requirements. (a) Purpose. The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public. By establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures. (b) Location. (1) All required loading berths shall be off-street and located on the same lots as the building or use to be served. (2) All loading berth curb cuts shall be located at minimum 50 feet from the intersection of two or more street rights-of-way. This distance shall be measured from the property lines common with the right-of-way lines. (3) No loading berth area shall be closer than 30 feet from a residential district unless within a structure. (4) Loading berths shall not occupy the front yard setback or side yard setback if adjacent to a street right-of-way. (5) Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic. (c) Surfacing. All loading berths and accessways shall be surfaced in conformance with the public improvements criteria manual to control the dust and drainage according to a plan submitted and subject to the approval of the planning director. (d) Accessory use, parking and storage. Any space allocated as a required loading berth or access drive so as to comply with the terms of these zoning regulations shall not be used for the storage of goods, or inoperable vehicles and shall not be included as part of the space necessary to meet the off-street parking area requirements. (e) Screening. Except in the case of multiple dwellings all loading areas shall be screened and landscaped from abutting and surrounding residential uses in compliance with the following: (1) A planting strip shall consist of evergreen groundcover, and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures or other use. Such planting strip shall not be less than six feet in height. Earth mounding or berms may be used, but shall not be used to achieve more than two feet of the required screen. (2) Standards: a. Width of planting strip: Four feet. b. Type of planting: Evergreen. c. Size of plants: Minimal height of four feet at time of planting. Must reach a height of six feet within two years. d. Planting density: Such that within two years of normal growth, a solid screen will be formed to a height of at least six feet above adjacent grade. (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. LaPorte,Texas,CodeofOrdinancesPage177 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVI.OFFSTREETPARKING (f) Size. Unless otherwise specified in these zoning regulations the first loading berth shall be not less than 55 feet in length and additional berths required shall be not less than 30 feet in length and all loading berths shall be not less than ten feet in width and 14 feet in height, exclusive of aisle and maneuvering space. (g) Number of loading berths required. The number of required off-street loading berths shall be as follows: (1) Manufactured, fabrication, processing, warehousing, storing, retail sales, schools and hotels. For such a building 10,000 to 100,000 square feet of floor area, one loading berth 55 feet in length, and one additional berth for each additional 50,000 square feet or fraction thereof. (2) Auditorium, convention hall, exhibition hall, sports arena or stadium.Ten thousand to 100,000 square feet of floor area, one loading berth; for each additional 100,000 square feet of floor area or fraction thereof, one additional loading berth. (3) Public or semi-public recreational buildings, community centers, private and public educational institutions, religious institutions, hospital, clinics, professional and commercial offices. One off- street loading and service entrances shall be provided, sized to meet the needs of the facility. (4) Nursing homes and similar group housing serving in excess of 16 persons. One off-street loading space, sized to meet the needs of the facility. Secs. 106-841—106-870. Reserved. FOOTNOTE(S): 10 --- () --- Cross reference— Vehicular parking facilities for mobile home park sites, § 98-98. (Back) LaPorte,Texas,CodeofOrdinancesPage178 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVII.SIGNS \[11\] ARTICLE VII. SIGNS Sec. 106-871. General provisions. Sec. 106-872. Portable signs. Sec. 106-873. Political signs. Sec. 106-874. On-premises signs. Sec. 106-875. Off-premises signs. Sec. 106-876. Subdivision marketing signs. Sec. 106-877. Temporary signs. Sec. 106-878. Permits. Sec. 106-879. Enforcement. Secs. 106-880Ï106-889. Reserved. Sec. 106-871. General provisions. (a) All signs shall be erected, displayed and maintained in compliance with the requirements of this article and all other applicable state laws and city ordinances. If there is a conflict between the regulations of this article and a state law, city ordinance, or codes adopted by ordinance, the most restrictive standard applies and controls. All signs not expressly allowed by this chapter are prohibited. (b) No sign nor part of any sign may have lights which flash, move or rotate in such a manner as to be confused with traffic control signals or emergency vehicle signals, or in a manner that confuses, misleads or distracts traffic motorists. Beacons may not be placed on any sign or be made a part of any sign. Additionally, no sign that resembles an official traffic control sign, signal or device or that bears the words stop, go slowly, caution, danger, detour, or other wording for traffic control signs or devices may be used within the city. (c) All signs shall be properly and continuously maintained so as not to become a safety hazard or detract from the appearance of adjoining properties. (d) All areas immediately below and within a radius of 15 feet shall be properly maintained. This includes maintenance of all vegetation to the standards set forth in section 34-126 et seq. (e) With the exception of permitted temporary signs, no sign may be placed on or over a public right-of- way, whether used or unused, a utility easement, or on utility poles. (f) No sign shall be located in a sight visibility triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road gradePlacement of signs shall be in accordance with the visibility triangle requirements of section 106-311 (Visibility triangle). (g) Any sign in violation of any provisions of this chapter is subject to immediate removal by the city. (Ord. No. 1501-Z, § 6, 12-22-97) LaPorte,Texas,CodeofOrdinancesPage179 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVII.SIGNS Sec. 106-872. Portable signs. (a) Portable signs may be located in the high density residential (R-3), manufactured housing (MH), commercial recreation (CR), neighborhood commercial (NC), general commercial (GC), business industrial (BI), light industrial (LI), and heavy industrial (HI) zoning districts. (b) A portable sign may not stand on any premise for more than 30 consecutive days at a time or for more than 60 days in any calendar year without a period of at least 20 intervening days. (c) Lighted portable signs shall be constructed and installed in accordance with the requirements of the city's electrical code. Portable signs with red, yellow, amber, green, or blue lights or with lights that flash, blink, or vary in intensity are prohibited. (d) Portable signs must comply with the setback requirements that would apply to on-premises signs in the zoning district in which the portable sign is to be located. Portable signs may not be placed on public right-of-way and may not be placed in such a manner as to create a hazard to traffic. (e) A portable sign must be tied down or secured in a manner prescribed by the building official to ensure the safe installation of said sign. (f) A portable sign, during the required intervening periods, must be completely removed from public view. Removal of the lettering is not considered to be in compliance with this section. (g) All damaged portable signs must be removed within 48 hours of notification by the city until such sign has been repaired. (h) Portable signs shall be used for on-premises use only. (i) Nothing in this section shall apply to political advertising. (j) Portable signs are to be permitted through the building official of the city consistent with the provisions of this chapter. Permitted portable signs shall have securely affixed and plainly visible a sticker, in form prescribed by the city showing the date the permit was issued, and the date the permit is to expire. Portable signs shall also contain on both faces the date of expiration of the current permit. (k) Portable signs located on premises in violation of any of the provisions of this chapter, including the requirement that portable signs have attached a validly issued, current permit from the city are subject to immediate removal by the city. (l) Portable signs removed by the city in accordance with this article shall be safely and securely stored by the city. Portable signs removed and stored by the city may be redeemed by their owner upon the payment of a storage fee established by the city council and listed in appendix A. Signs not redeemed from storage may be sold by the city in accordance with laws regulating sale of abandoned property. (m) Nothing in this article shall be construed as a waiver by the city on the penal enforcement of this chapter. The remedies provided in this article shall be in addition to, and not cumulative of, other remedies the city might have as allowed in this chapter and state law. (Ord. No. 1501-Z, § 6, 12-22-97) Sec. 106-873. Political signs. Temporary political signs placed for the duration of an election campaign shall not be subject to the requirements of this chapter except that: LaPorte,Texas,CodeofOrdinancesPage180 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVII.SIGNS (1) No political sign shall be placed within a sight triangle or in a manner which will otherwise create a traffic hazard. (2) No political sign shall be placed on or over a public right-of-way, whether used or unused, a utility easement or on utility poles. (3) All portable signs used for political advertising shall be anchored in a manner which will prevent their being blown about by a strong wind. (4) All political signs shall be removed no later than ten days after the election for which they were placed. In the case of run-off elections, political signs may remain in place no longer than ten days following the run-off. (Ord. No. 1501-Z, § 6, 12-22-97) Sec. 106-874. On-premises signs. (a) Freestanding on-premises signs. (1) General provisions. a. These regulations shall apply to freestanding signs only. b. Multiple reader panels mounted on a single base shall be considered to be a single sign. c. For the purposes of this section, a multitenant building shall be considered to be a single establishment and shall be restricted to freestanding advertising signage in accordance with the regulations governing such signs. d. Separate buildings located on a single piece of property may be considered to be separate business establishments with each building being eligible for freestanding advertising in accordance with these regulations. e. The number of on-premises freestanding nonadvertising signs intended to direct traffic and not exceeding six square feet in size shall not be limited by this section. f. On-premises real estate signs are allowed and shall be exempt from all other provisions of section 106-874 (On-premise signs). (2) R-1, R-2, R-3, LL and MH districts. a. One freestanding identification sign is permitted for townhouses, multifamily developments, group care facilities (not located within a residential neighborhood), subdivisions, education and religious facilities. b. For a bed and breakfast facility one sign not exceeding three square feet in area and nonilluminated shall be allowed. This sign may be either mounted on the building or located in a landscaped portion of the yard. c. For a home occupation facility one sign not exceeding two square feet in area and nonilluminated shall be allowed. This sign shall be mounted flat against the wall of the principal building. d. The size of the sign may not exceed 150 square feet. e. There are no minimum yard setbacks. f. The maximum height is 45 feet. (3) CR, NC, and GC districts. LaPorte,Texas,CodeofOrdinancesPage181 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVII.SIGNS a. One freestanding advertising sign shall be permitted for each side of a commercial establishment which fronts on a developed right-of-way. b. The following size limitations apply: 1. Freestanding signs for single tenant buildings: 150 square feet. 2. Freestanding signs for single tenant buildings in a controlled access corridor: 300 square feet. 3. Freestanding signs for multitenant buildings: 350 square feet. c. The following minimum yard setbacks apply: 1. When not adjacent to residentially zoned property, there are no minimum setbacks. 2. When adjacent to residentially zoned property, there are minimum side and rear yard setbacks of five feet. d. The following height limitations apply: 1. Freestanding signs: 45 feet. e. Freestanding signs in a controlled access corridor: 65 feet. (4) MS district and overlay. a. Pre-existing, nonconforming signs listed at the following locations within the overlay and Main Street District existing as of the effective date of this ordinance are considered legal, grandfathered, and may continue as such in accordance with the specifications, regulations, and conditions of this ordinance. The city accepts no liability for any damages to any signs within public right-of-way or easement. The city also reserves the rights to enter into, maintain, and utilize all common use public utility easements and public rights- of-way to promote the health, safety, morals or general welfare of the community and the safe, orderly, and healthful development of the city. 1. 101 E. Main. 2. 201 E. Main. 3. 115 W. Main. 4. 208 W. Main. 5. 306 W. Main. 6. 521 W. Main. 7. 616 W. Main. 8. 718 W. Main. 9. 820 W. Main. th 10. *107 N. 8 . 11. *105 Highway 146 S. 12. *117 Highway 146 S. 13. *120 Highway 146 N. b. Pre-existing, nonconforming signs listed in subsection (a) above are exempted from the terms, conditions, and effects of section 106-262 (Nonconforming structures). An inventory LaPorte,Texas,CodeofOrdinancesPage182 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVII.SIGNS of such pre-existing signs will be required to document existing specifications, i.e. height, face, size, and other dimensional measurements. i. Pre-existing signs may be repaired, maintained, and/or replaced, but may not be enlarged. ii. All signs and sign support structures shall be maintained at all times in a state of good repair. The sign components shall be reasonably free of rust, painted if needed, and structurally sound. iii. *Controlled access corridor signs on properties within the Main Street District/Overlay that have frontage along State Highway 146 shall be maintained as per provisions of section 106-874(a)(3)a., b., and e (On-premise signs). In addition, signs on other th properties within Main Street District/Overlay between SH 146 and 8 Street shall be maintained as per provisions of section 106-874(a)(3)a., b., and d (On-premise signs). c. Any new on-premises freestanding signs, which shall only be permitted on those properties where a building is already existing and is setback from the front property line, shall be a monument or ground sign that does not exceed eight feet is a minimum height of 10 feet from the bottom of the sign and a maximum height of 14 feet and cannot exceed 24 square feet in area in width and height from the ground to the top of the sign. (Note: In accordance with section 106-878(b)(2), sign not exceeding eight feet in height do not have to be engineered.) d. A city permit shall be required prior to any new signage. e. A city approved sign design may be eligible for city participation under the Main Street Incentive Reimbursement Grant Funds. (6) BI, LI, and HI districts. a. One freestanding advertising sign shall be permitted for each side of a commercial establishment which fronts a developed right-of-way. b. The following size limitations apply: 1. Freestanding signs for single tenant buildings: 150 square feet. 2. Freestanding signs for single tenant buildings in controlled access corridors: 300 square feet. 3. Freestanding signs for multi-tenant buildings: 350 square feet. c. The following minimum yard setbacks apply: 1. When not adjacent to residentially zoned property, there are no minimum setbacks. 2. When adjacent to residentially zoned property, there are minimum side and rear setbacks of five feet. d. The following height limitations apply: 1. Freestanding signs: 45 feet. 2. Freestanding signs in controlled access corridors: 65 feet. (b) Attached on-premises signs. (1) General provisions. a. One attached sign per building wall may be displayed for each occupant or use on the premises. LaPorte,Texas,CodeofOrdinancesPage183 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVII.SIGNS b. These regulations do not apply to building addresses or supplemental signs for the purpose of identifying the apartment buildings or units. (2) R-1, R-2, R-3, LL and MH districts. a. The size of the sign may not exceed three square feet. b. No portion of the sign may have a luminous greater than 200 foot-candles and may not move, flash, rotate or change illumination. (3) R-3, CR, NC, GC, BI, LI, and HI districts. a. The cumulative size of the signs may not exceed 15 percent of the wall area. b. If located closer than 50 feet to an R-1, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or reflect light into adjacent residences. c. One attached canopy sign may be displayed. Such sign shall not exceed 30 percent of the canopy area. Such sign must be contained within the physical limits of the canopy and shall not extend above or below the canopy. (4) MS districts. a. The cumulative size of the signs may not exceed 25 percent of the wall area. Signage shall not exceed 1.5 square feet for every one-foot of façade width. b. If located closer than 50 feet to an R-1, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or reflect light into adjacent residences. c. One attached canopy sign may be displayed. Such sign shall not exceed 30 percent of the canopy area. Such sign must be contained within the physical limits of the canopy and shall not extend above or below the canopy. c. Internal illumination and back lighted signs are not permitted. d. Window signage shall be limited to 20% coverage of the total glass area of the window. e. Exposed florescent lighting, internal illumination, and back lighted signs are not permitted. Neon and other tubular illumination may be utilized in a limited amount. (5) MU district. a. One sign is permitted not to exceed 32 square feet. b. No portion of the sign may have a luminous greater than 200 foot-candles and may not move, flash, rotate or change illumination. c. If located closer than 100 feet to an R-1, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or reflect light into adjacent residences. d. Exposed florescent lighting, neon and other tubular illumination, internal illumination, and back lighted signs are not permitted. (Ord. No. 1501-Z, § 6, 12-22-97; Ord. No. 1501-AAAA, § 6, 10-11-04; Ord. No. 3273, § 1, 9-13-10) Sec. 106-875. Off-premises signs. (a) Off-premises freestanding advertising signs may be erected in the BI, LI, and HI zoning districts. (b) Off-premises freestanding public service signs may be erected in the GC, BI, LI, and HI zoning districts. LaPorte,Texas,CodeofOrdinancesPage184 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVII.SIGNS (c) Off-premises signs within the right-of-way may be attached to the face of the building and project into the West Main Street portion of Main Street Overlay as follows: (1) Minimum seven-foot clearance with maximum eight feet clearance (grade to bottom of sign). (2 1) Maximum four six-foot encroachment/projection into the right-of-way. (3) Maximum sign face of 16 square feet. ( 4 2) Maximum of one projection sign per business allowed. ( 5 3) Completed right-of-way license agreement with the city. (d) The following size limitations shall apply to all off-premises freestanding signs: (1) In controlled access corridors, the size limitations shall be set by the Texas Highway Beautification Act. (2) On all other streets, the maximum size shall be 300 square feet and may not have more than two sign faces. (e) An off-premises sign must be located at least 50 feet from an existing freestanding on-premises sign. (f) Off-premises signs, when illuminated, must be constructed with upward shielded directional illumination. (g) The following height limitations shall apply: (1) Off-premises public service signs: 18 feet. (2) Off-premises advertising signs: 45 feet. (h) All off-premises freestanding advertising signs shall be spaced in intervals of not less than 1,000 feet. (Ord. No. 1501-Z, § 6, 12-22-97; Ord. No. 3273, § 2, 9-13-10) Sec. 106-876. Subdivision marketing signs. (a) For the purpose of marketing a recorded subdivision, one on-premises freestanding sign of not more than 150 square feet for each road abutting the respective subdivision shall be permitted, provided that such sign shall not be placed within any required yard nor within 25 feet of any property line abutting a street or road right-of-way, and further provided that such sign shall not exceed 20 feet in height. (b) For the purpose of marketing a recorded subdivision, one off-premises sign of not more than 150 square feet may be permitted for each recorded subdivision in any zoning district. Such sign shall not be placed within 25 feet of any property line and shall not exceed 20 feet in height. The permit for such sign shall expire, unless renewed, two years after the date of issuance of such permit, and provided that each request for permit shall be accompanied by a license and permit fee posted by the respective sign hanger in the amount of $300.00 for the purpose of ensuring proper location, maintenance, and removal of the respective sign. (c) Must be in compliance with visibility triangle requirements specified in section 106-805 (Visibility triangles). (Ord. No. 1501-Z, § 6, 12-22-97) LaPorte,Texas,CodeofOrdinancesPage185 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVII.SIGNS Sec. 106-877. Temporary signs. (a) Subject to the provision of this section, temporary signs are prohibited except in the following instances: (1) Temporary signs shall be a maximum of 18 inches by 24 inches in size and constructed of all- weather corrugated plastic sheeting with a wooden stake or greater as support. (2) Temporary signs may only be placed between the hours of 5:00 p.m. on Friday and 7:00 p.m. on the following Sunday. (3) Temporary signs shall be free of balloons, banners, or streamers. (b) Location of temporary signs: (1) Temporary signs shall not be placed in a manner that will interfere with a site visibility triangle or otherwise create a traffic hazard as referenced in section 106-805 (Visibility triangles). (2) Temporary signs may not be located within five feet of the edge of any pavement. (3) Temporary signs may only be placed at the following locations within the city, with a maximum of two temporary signs permitted at any one time at any specified intersection: SH 146 at Fairmont (northeast, southwest and southeast corners) SH 146 at Wharton Weems (northeast and southeast corners) SH 146 at McCabe (northeast corner and feeder and southeast corner of northbound SH 146 and McCabe) SH 225 at Underwood (southwest corner of Underwood eastbound lane and southeast corner of Underwood eastbound lane of SH 225) SH 225 at Sens (northwest and northeast corners SH 225 and southwest corner of SH 225 on westbound feeder on Sens) Spencer at Sens (northwest and northeast corners SH 225 and southwest corner of SH 225 on westbound feeder on Sens) Spencer at Sens (northwest and southeast corners) Spencer at Valleybrook (southeast corner) Spencer at Driftwood (southeast corner) Spencer at Luella (southeast corner) Fairmont at Luella (northwest corner Luella, eastbound lane W. Fairmont) Fairmont at Driftwood (northwest corner westbound on Fairmont) S. Broadway at Fairmont (northwest and southwest corners) S. Broadway at Wharton Weems (northwest and southwest corners) N. "L" at Underwood (northeast and southeast corners) Bay Area Blvd. at Fairmont (northwest corner of Bay Area Blvd. and eastbound lane on W. Fairmont and southeast corner of Bay Area Blvd. eastbound lane on W. Fairmont) LaPorte,Texas,CodeofOrdinancesPage186 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVII.SIGNS (c) Temporary sign permits: (1) No temporary sign may be erected within the city limits of the City of La Porte without a permit first having been obtained from the building official. (2) Application for temporary sign permits shall be made upon forms provided by the building official, and shall contain and be accompanied by information sufficient to identify the location of the proposed sign, consistent with the location criteria established in subsection (b)(2) above. (3) No person shall be issued a temporary sign permit under this section until such person has filed with the city secretary a bond or insurance policy, or both, in the amount of $200.00 per sign approved, in form approved by the city attorney, such bond or policy to be conditioned on the placement of temporary signs in accordance with the provisions of this article, the other ordinances of the City of La Porte, and further providing for the indemnification of the city for any and all damages or liability that may accrue to or against the city by reason of the placement, maintenance, alteration, repair or removal, or defects in any temporary sign erected by or under the direction of such applicant, and further providing for the indemnification of any person who shall, while on public property or public right-of-way of the City of La Porte, incur damages for which the person erecting any such temporary sign is legally liable by reason of his act or omission in regard to erection of such temporary signage. (4) No permit issued under this ordinance shall be transferable. (d) Number of temporary sign permits: No permittee for a temporary sign may obtain a permit for placement of more than two temporary signs at any one particular location specified in section 106- 877(b) (Temporary signs) above with a maximum of ten temporary signs per permittee, and a maximum of two temporary signs per permittee per location. (e) Further limitations on permit: No permittee may obtain permits for location of temporary signs for more than four consecutive weeks. Upon the expiration of four consecutive weeks of permits for a particular permittee, no permit shall be issued by the city for any temporary signs for 30 days following said four consecutive week period. (f) Revocation of permit: Upon learning of any violation of this article or the ordinances of the City of La Porte by any temporary sign permit holder, the building official shall give notice of said violation to the responsible permit holder. Two or more violations of this article, or other ordinances of the City of La Porte shall result in denial of future temporary sign permits to the responsible permittee by the City of La Porte. (Ord. No. 1501-Z, § 6, 12-22-97) Sec. 106-878. Permits. (a) Any person desiring to erect or place a freestanding, attached or portable sign on any property shall first apply to the building official for a permit. With the exception of temporary sign permits as specified above, permits are not required for signs less than five square feet in area. Permits are not required for signs less than five square feet in area. (b) Any person applying to erect or place a freestanding sign on any property shall submit to the building official the following information: (1) A survey of the property which indicates the proposed sign location. (2) An engineered design for signs greater than eight feet in height. (3) A design of the sign and its support member for signs less than eight feet in height. (c) Permit fees shall be established by the city council and listed in appendix A. LaPorte,Texas,CodeofOrdinancesPage187 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVII.SIGNS (Ord. No. 1501-Z, § 6, 12-22-97) Sec. 106-879. Enforcement. Any violation of this article shall be subject to the penalties provided in section 106-6 (Penalties for violations). (Ord. No. 1501-Z, § 6, 12-22-97) Secs. 106-880—106-889. Reserved. FOOTNOTE(S): 11 --- () --- Cross reference— Alcoholic beverages, ch. 6; amusements, ch. 10; businesses, ch. 22; streets, sidewalks and other public places, ch. 62; vehicles for hire, ch. 78; buildings and building regulations, ch. 82; development regulations, ch. 86; entertainment, ch. 90; mobile homes and mobile home parks, ch. 98. (Back) LaPorte,Texas,CodeofOrdinancesPage188 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVIII.TELECOMMUNICATIONSTOWERSANDFACILITIES ARTICLE VIII. TELECOMMUNICATIONS TOWERS AND FACILITIES Sec. 106-890. Definitions. Sec. 106-891. Purpose. Sec. 106-892. Development of towers. Sec. 106-893. Setbacks. Sec. 106-894. Structural requirements. Sec. 106-895. Separation of buffer requirements. Sec. 106-896. Method of determining tower height. Sec. 106-897. Illumination. Sec. 106-898. Exterior finish. Sec. 106-899. Landscaping. Sec. 106-900. Access. Sec. 106-901. Stealth design. Sec. 106-902. Telecommunications facilities on antenna support structures. Sec. 106-903. Modification of towers. Sec. 106-904. Certifications and inspections. Sec. 106-905. Maintenance. Sec. 106-906. Criteria for site plan development modifications. Sec. 106-907. Abandonment. Sec. 106-890. Definitions. \[The following words, terms and phrases, as used in this article, shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise:\] Antenna support structure means any building or structure other than a tower which can be used for location of telecommunications facilities. Applicant means any person that applies for a tower development permit. Application means the process by which the owner of a parcel of land within the city submits a request to develop, construct, build, modify, or erect a tower upon such parcel of land. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the city concerning such a request. Engineer means any engineer licensed by the State of Texas. Owner means any person with fee title or a long-term (exceeding ten years) leasehold to any parcel of land within the city who desires to develop, or construct, build, modify, or erect a tower upon such parcel of land. LaPorte,Texas,CodeofOrdinancesPage189 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVIII.TELECOMMUNICATIONSTOWERSANDFACILITIES Person is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. Site plan review committee means a committee composed of staff members of the city, responsible for reviewing and recommending plans submitted pursuant to this article, including individuals designated by the director of planning (usually being the chief building official and the city engineer), the fire marshal, and the director of public works. The building official is responsible for chairing meetings of the site plan review committee, and making reports of the results of said meetings. Duly designated representatives of the members of the site plan review committee may serve in the stead of the aforementioned members of the committee. Stealth means any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles, and trees. The term stealth does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs. Telecommunications facilities means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include: (1) Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or (2) Any satellite earth station antenna one meter or less in diameter, regardless of zoning category. Tower means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term tower shall not include amateur radio operators' equipment, as licensed by the FCC. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-891. Purpose. The general purpose of this article is to regulate the placement, construction, and modification of towers, antennas, support structures and telecommunications facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this article are: (a) To regulate the location of towers and telecommunications facilities in the city; (b) To protect residential areas and land uses from potential adverse impact of towers and telecommunications facilities; (c) To minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques; (d) To promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers; (e) To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities; (f) To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; and LaPorte,Texas,CodeofOrdinancesPage190 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVIII.TELECOMMUNICATIONSTOWERSANDFACILITIES (g) To ensure that towers and telecommunications facilities are compatible with surrounding land uses. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-892. Development of towers. (a) A tower shall be a permitted use of land in zoning district H-1. No person shall build, erect, or construct a tower upon any parcel of land within a zoning district designated H-1 unless a development permit shall have been issued by the site plan review committee of the city. Application shall be made to the site plan review committee in the manner provided in this chapter. (b) A tower shall be a conditional use of land in zoning districts B-1 and L-1. No person shall build, erect, or construct a tower upon any parcel of land within any zoning district set forth above unless a development permit shall have been issued by the site plan review committee of the city and approval of the city planning and zoning commission is obtained. (c) Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of 150 feet. Towers may be permitted in excess of 150 feet in accordance with section 106-906 (Criteria for site plan development modifications)., "Criteria for Site Plan Development Modifications." (d) No new tower shall be built, constructed, or erected in the city unless the tower is capable of supporting another person's operating telecommunications facilities comparable in weight, size, and surface area to the telecommunications facilities installed by the applicant on the tower within six months of the completion of the tower construction. (e) An application to develop a tower shall include: (1) The name, address, and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner shall be evidenced in the application. (2) The legal description, folio number, and address of the parcel of land upon which the tower is situated. (3) The names, addresses, and telephone numbers of all owners of other towers or usable antenna support structures within a one-half mile radius of the proposed new tower site, including city- owned property. (4) A description of the design plan proposed by the applicant in the city. Applicant must identify its utilization of the most recent technological design, including microcell design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the applicant's telecommunications services. (5) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the applicant's telecommunications facilities on city- owned towers or usable antenna support structures located within a one-half mile radius of the proposed tower site. (6) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install or collocate the applicants telecommunications facilities on towers or usable antenna support structures owned by other persons located within a one-half mile radius of the proposed tower site. (7) Written technical evidence from an engineer(s) that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or usable antenna support LaPorte,Texas,CodeofOrdinancesPage191 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVIII.TELECOMMUNICATIONSTOWERSANDFACILITIES structures owned by other persons located within one-half mile radius of the proposed tower site. (8) A written statement from an engineer(s) that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties. (9) Written, technical evidence from an engineer(s) that the proposed structure meets the standards set forth in section 106-894 (Structural requirements), "Structural Requirements," of this article. (10) Written, technical evidence from a qualified engineer(s) acceptable to the fire marshal and the building official that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals. (11) In order to assist city staff and the planning and zoning commission in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent roadways. (12) The act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the city to condition or deny on the basis of RIF impacts the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. In order to provide information to its citizens, the city shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards. (f) The site plan review committee may require an applicant to supplement any information that the committee considers inadequate or that the applicant has failed to supply. The committee may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection. Applications shall be reviewed by the city in a prompt manner and all decisions shall be supported in writing setting forth the reasons for approval or denial. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-893. Setbacks. (a) All towers up to 100 feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of 100 feet in height shall be set back one additional foot per each foot of tower height in excess of 100 feet. (b) Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located. (c) Setback requirements may be modified, as provided in section 106-906(b)(1), (Criteria for site plan development modifications) when placement of a tower in a location which will reduce the visual impact can be accomplished. For example, adjacent to trees which may visually hide the tower. (Ord. No. 1501-AA, § 5, 3-23-98) LaPorte,Texas,CodeofOrdinancesPage192 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVIII.TELECOMMUNICATIONSTOWERSANDFACILITIES Sec. 106-894. Structural requirements. All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the building code, and any other standards outlined in this article. All towers in operation shall be fixed to land. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-895. Separation of buffer requirements. For the purpose of this section, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. Tower separation distances from residentially zoned lands shall be measured from the base of a tower to the closest point of residentially zoned property. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied irrespective of city jurisdictional boundaries. (a) Towers shall be separated from all residentially zoned lands by a minimum of 200 feet or 200 percent of the height of the proposed tower, whichever is greater. (b) Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to this Code: (1) Monopole tower structures shall be separated from all other towers, whether monopole, self- supporting lattice, or guyed, by a minimum of 750 feet. (2) Self-supporting lattice or guyed tower structures shall be separated from all other self- supporting or guyed towers by a minimum of 1,500 feet. (3) Self-supporting lattice or guyed tower structures shall be separated from all monopole towers by a minimum of 750 feet. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-896. Method of determining tower height. Measurement of tower height for the purpose of determining compliance with all requirements of this section shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower height shall be measured from grade. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-897. Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is 300 percent of the height of the tower from the tower and when required by federal law, dual mode lighting shall be requested from the FAA. (Ord. No. 1501-AA, § 5, 3-23-98) LaPorte,Texas,CodeofOrdinancesPage193 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVIII.TELECOMMUNICATIONSTOWERSANDFACILITIES Sec. 106-898. Exterior finish. Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, as approved by the site plan review committee. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-899. Landscaping. All landscaping on a parcel of land containing towers, antenna support structures, or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure, or telecommunications facilities are located. The city may require landscaping in excess of the requirements in the City Code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed and maintained on the outside of any fencing. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-900. Access. A parcel of land upon which a tower is located must provide access to at least one paved vehicular parking space on-site. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-901. Stealth design. All towers which must be approved as a conditional use shall be of stealth design. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-902. Telecommunications facilities on antenna support structures. Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure at least 50 feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the zoning administrator, establish the following at the time plans are submitted for a building permit: (a) That the height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than 20 feet; (b) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the city. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof, but which do not protrude more than 18 inches from the side of such an antenna support structure. (Ord. No. 1501-AA, § 5, 3-23-98) LaPorte,Texas,CodeofOrdinancesPage194 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVIII.TELECOMMUNICATIONSTOWERSANDFACILITIES Sec. 106-903. Modification of towers. (a) A tower existing prior to the effective date of this article, which was in compliance with the city's zoning regulations immediately prior to the effective date of this article, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demolished and rebuilt without complying with any of the additional requirements of this section, except for sections 106-895 (Separation of buffer requirements), "Separation or Buffer Requirements," section 106-904 (Certification and inspections), "Certification and Inspections," and section 106-905 (Maintenance), "Maintenance," provided: (1) The tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional telecommunications facilities comparable in weight, size, and surface area to the discrete operating telecommunications facilities of any person currently installed on the tower. (2) An application for a development permit is made to the site plan review committee which shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming. (3) The height of the modified or rebuilt tower and telecommunications facilities attached thereto do not exceed the maximum height allowed under this article. (b) Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days. This article shall not be interpreted to legalize any structure or use existing at the time this article is adopted which structure or use is in violation of the code prior to enactment of this article. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-904. Certifications and inspections. (a) All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the building code and all other construction standards set forth by the city's Code and federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to section 106-892 (Development of towers) of this article and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this article and then every five years thereafter. For new lattice or guyed towers, such certification shall be submitted with an application pursuant to section 106-892 (Development of towers) of this article and every two years thereafter. For existing lattice or guyed towers, certification shall be submitted within 60 days of the effective date of this article and then every two years thereafter. The tower owner may be required by the city to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. (b) The city or its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the building code and all other construction standards provided by the City Code and federal and state law. (c) The city reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. All expenses related to such inspections by the city shall be borne by the tower owner. (Ord. No. 1501-AA, § 5, 3-23-98) LaPorte,Texas,CodeofOrdinancesPage195 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVIII.TELECOMMUNICATIONSTOWERSANDFACILITIES Sec. 106-905. Maintenance. (a) Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. (b) Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property. (c) All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person. (d) All maintenance or construction of towers, telecommunications facilities, or antenna support structures shall be performed by licensed maintenance and construction personnel. (e) All towers shall maintain compliance with current RF emission standards of the FCC. (f) In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-906. Criteria for site plan development modifications. (a) Notwithstanding the tower requirements provided in this article, a modification to the requirements may be approved by the planning and zoning commission as a conditional use in accordance with the following: (1) In addition to the requirement for a tower application, the application for modification shall include the following: a. A description of how the plan addresses any adverse impact that might occur as a result of approving the modification. b. A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the modification. c. A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties. d. For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contract and negotiate an agreement for collocation, and the result of such attempts. e. The site plan review committee may require the application to be reviewed by an independent engineer under contract to the city to determine whether the antenna study supports the basis for the modification requested. The cost of review by the city engineer shall be reimbursed to the city by the applicant. (2) The planning and zoning commission shall consider the application for modification based on the following criteria: LaPorte,Texas,CodeofOrdinancesPage196 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVIII.TELECOMMUNICATIONSTOWERSANDFACILITIES a. That the tower as modified will be compatible with and not adversely impact the character and integrity of surrounding properties. b. Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification. c. In addition, the commission may include conditions on the site where the tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower and mitigate any adverse impacts which arise in connection with the approval of the modification. (b) In addition to the requirements of subparagraph (a) of this section, in the following cases, the applicant must also demonstrate, with written evidence, the following: (1) In the case of a requested modification to the setback requirement, section 106-893 (Setbacks), that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the person is to locate the tower at another site which is closer in proximity to a residentially zoned land. (2) In the case of a request for modification to the separation and buffer requirements from other towers of section 106-895 (Separation of buffer requirements), "Separation or Buffer Requirements," that the proposed site is zoned "industrial" or "heavy industrial" and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in section 106-895 (Separation of buffer requirements). (3) In the case of a request for modification of the separation and buffer requirements from residentially zoned land of section 106-895 (Separation of buffer requirements), if the person provides written technical evidence from an engineer(s) that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially zoned property. (4) In the case of a request for modification of the height limit for towers and telecommunications facilities or to the minimum height requirements for antenna support structures, that the modification is necessary to: a. Facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or b. To meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved. (Ord. No. 1501-AA, § 5, 3-23-98) Sec. 106-907. Abandonment. (a) If any tower shall cease to be used for a period of 365 consecutive days, the city shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the city that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the city shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower. LaPorte,Texas,CodeofOrdinancesPage197 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEVIII.TELECOMMUNICATIONSTOWERSANDFACILITIES (b) To secure the obligation set forth in this section, the applicant \[and/or owner\] shall post a bond in an amount sufficient to secure the anticipated cost of removal of the abandoned tower, as determined by the city. (Ord. No. 1501-AA, § 5, 3-23-98) LaPorte,Texas,CodeofOrdinancesPage198 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIX.DESIGNGUIDELINES ARTICLE IX. DESIGN GUIDELINES DIVISION1.DESIGNGUIDELINESFORGC,NCANDBIDISTRICTS Sec. 106-925. Purpose and intent. Sec. 106-XXX. Scope and enforcement. Sec. 106-XXX. Review procedures. Sec. 106-XXX. Architectural design guidelines. Sec. 106-925. Purpose and intent. (a) Purpose. The purpose of this division is to establish minimum guidelines for the appearance of neighborhood commercial, general commercial, business industrial districts. (1) Buildings should directly contribute to the attractiveness, safety and function of the street and public areas. (2) Buildings should be constructed in a manner, and with materials, that are highly durable and will continue to endure and be attractive over a long time, especially adjacent to public and pedestrian areas. (3) It is intended by this Section, to encourage a variety of building and design solutions in response to the guidelines and regulations outlined herein. (b) Intent.It is the intent of these guidelines to promote high quality design in new development, thereby creating a sense of community identity. It is also intended to ensure commercial buildings are constructed in a manner that allows flexibility to accommodate a range successive uses. of uses over time in order to avoid the need to demolish and rebuild for Sec. 106-XXX. Scope and enforcement. (a) Scope. These provisions shall apply to all new development located in NC and GC districts adjacent to and along the following thoroughfares, roadways, and collector streets. All new developments and buildings located in BI districts adjacent to and along the following thoroughfares, roadways, and collector streets shall be applicable to Tier 3 only. (1) Tier 1. State Highway 146, except those properties zoned BI (2) Tier 2. Spencer Highway, Fairmont Parkway, and South Broadway Street (Old Highway 146), West Main Street (3) Tier 3. Barbours Cut Boulevard, North Broadway Street (Old Highway 146), Underwood Road, Bay Area Boulevard, Sens Road, Canada Road, East Main Street and Highway 225; including all properties zoned BI on said roads in this subsection as well as State Highway 146. (b) Enforcement. The provisions of this division shall be administered by the Director of Planning and Development or designee. (1) Existing buildings shall also conform to these requirements upon expansion of over one-third of an area of improvement/development. (2) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50 percent of the value (replacement cost by the certified appraisal) the structure shall conform to these above requirements. (3) The standards and criteria contained within this section are deemed to be minimum standards and shall apply to buildings constructed after the effective date of LaPorte,Texas,CodeofOrdinancesPage199 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIX.DESIGNGUIDELINES this ordinance. Buildings constructed after the effective date of this ordinance shall at all times comply with the provision of this division and the version of the building design guidelines in force at the time of the building permit application. Sec. 106-XXX. Review procedures. (a) The provisions of this section shall be reviewed as part of the requirements of Section 106-236 (Certified site plan required). (b) Any waivers to the provisions of this section require approval by the Planning and Zoning Commission. The Planning and Zoning Commission may approve a waiver request subject to the following findings: (1) The project as designed is consistent with the general spirit and intent of the City of La Porte's Comprehensive Plan. (2) The proposed building will result in an attractive contribution to the community. Sec. 106-XXX. Architectural design guidelines. (a) Building Form (Applicable to Tier 1 and 2) (1) All buildings shall be designed and constructed in tripartite architectureso that they have a distinct base, middle and top. Examples of Single Story Tri-Partite (b) Building Articulation (Applicable to Tier 1 and 2) (1) Primary facades clearly visible from a public street or along an active storefront shall meet the following minimum standards for articulation: Horizontal Articulation. a. No building wall shall extend for a distance equal to 3 times the wallÓs height without having an off set equal to 25% of the wallÓs height, and that new plane shall extend for a distance equal to at least 25% of the maximum length of the first plane. Vertical Articulation. b. No horizontal wall shall extend for a distance greater than 3 times the height of the wall without changing height by a minimum of 25% of the wallÓs height. LaPorte,Texas,CodeofOrdinancesPage200 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIX.DESIGNGUIDELINES BUILDING ARTICULATION EXAMPLES (c) Roofs (Applicable to Tier 1) (1) Where clearly visible from a public street or along active storefronts, any hip, gable or mansard roofs may only utilize the following materials: metal standing seam, slate, clay or concrete tile (barrel or Roman shape). Minimum 3 on 12 roof pitch required. (d) Architectural Design Elements (1) The following is a list of acceptable architectural design elements that must be included into the design of buildings as required in this section. a. Canopies, awnings, porticos with colonnade, or arcades b. Raised pilaster cornices (end columns at corner), or quoin corners c. Vertical elements (tower, cupola, lighthouse, turret, arches, etc) d. Windows and doors framed with smooth cobble, cast stone, limestone, or other LaPorte,Texas,CodeofOrdinancesPage201 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIX.DESIGNGUIDELINES decorative masonry headers and sills; or dormer windows e. Outdoor patios and/or courtyards (landscaped and furnished) f. Decorative ornamentation integrated into the building façade, such as corbels, medallions (nonsignage), functioning clocks, niches, wrought iron, balconettes, gargoyles, or horizontal and rhythm patterned brickwork; or other architectural features approved by the Director of Planning and Development or designee g. Any other architectural design element approved by the Director of Planning and Development or designee the (2) Applicable to Tier 1, all structures shall be designed to incorporate no less than four of architectural elements above. Buildings over 50,000 square feet must include a minimum of five of the referenced architectural elements in subsection d.1 above. the (3) Applicable to Tier 2, all structures shall be designed to incorporate no less than two of architectural elements above. Buildings over 50,000 square feet must include a minimum of three of the referenced architectural elements in subsection d.1above. the (4) Applicable to Tier 3, all structures shall be designed to incorporate no less than one of architectural elements from the list in subsection above. d.1 Exterior Façade Materials (e) Allowed exterior materials are categorized into the following three groups, of which at (1) least two materials from different groups shall be used in all exterior facades in Tier 1, Tier 2, and Tier 3: Group A: Brick and stone a. Group B: Stucco, architectural concrete block with integrated color (split face b. CMU), factory primed cementitious fiberboard in the form of lap siding or board and batten, EIFS (above 14 feet from grade only), and painted, colored or stamped tilt-wall c. Group C: Metal, tile, wood (2) Prohibited exterior materials include cinder block, vinyl, plastic, aggregate peagravel finished surfaces, and pre-engineered metal building siding. (3) Primary façade treatments are applicable to Tier 1 buildings. The following shall apply to all exterior walls of buildings which are clearly visible from a public street or along an active storefront: a. Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least 80% Group A materials and up to 20% Group B materials. However, accent materials from Group C may be allowed in limited application for architectural features as approved by the Director of Planning and Development or designee. Buildings over 50,000 b. square feet may use SplitFace CMU (architectural block) for up to 20% of the primary façade, in addition to the 20% of Group B materials. (4) Building color requirements are applicable to buildings in all tiers. The dominant color of all buildings shall be muted shades of color. Black and stark white shall not be used except as an accent color. There are no restrictions on accent colors which comprise less than 1.0% of the building face, except that florescent colors are prohibited. LaPorte,Texas,CodeofOrdinancesPage202 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIX.DESIGNGUIDELINES DIVISION 2. DESIGN GUIDELINES FOR MU DISTRICT Sec. 106-XXX. Purpose and intent. Sec. 106-XXX. Scope and enforcement. Sec. 106-XXX. Review procedures. Sec. 106-XXX. Architectural design guidelines. Sec. 106-XXX. Purpose and intent. (a) Purpose. The purpose of this division is to establish minimum guidelines for the appearance of the mixed use district. (1) Buildings should directly contribute to the surrounding residential neighborhood and maintain a residential character. (2) Buildings should be constructed in a manner, and with materials, that are highly durable and will continue to endure and be attractive over a long time, especially adjacent to public and pedestrian areas. (b) Intent.It is the intent of these guidelines to promote high quality design in new commercial or mixed residential/commercial development, and ensuring those structures contribute to the bayfront identity of the neighborhood. It is also intended to ensure those buildings are scaled and constructed in a manner that complements the existing residential uses . in the immediate vicinity Sec. 106-XXX. Scope and enforcement. (a) Scope. These provisions shall apply to all new commercial and mixed residential/commercial uses. Single family residential is not required to comply with these requirements. (b) Enforcement. The provisions of this division shall be administered by the Director of Planning and Development or designee. (1) Existing buildings shall also conform to these requirement upon expansion of over one-third of an area of improvement/development. (2) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50 percent of the value (replacement cost by the certified appraisal) the structure shall conform to these requirements. (3) The standards and criteria contained within this section are deemed to be minimum standards and shall apply to buildings constructed after the effective date of this ordinance. Buildings constructed after the effective date of this ordinance shall at all times comply with the provision of this division and the version of the building design guidelines in force at the time of the building permit application. Sec. 106-XXX. Review procedures. (a) The provisions of this section shall be reviewed as part of the requirements of Section 106-236 (Certified site plan required). (b) Any waivers to the provisions of this section require approval by the Planning and Zoning Commission. The Planning and Zoning Commission may approve a waiver request subject to the following findings: (1) The project as designed is consistent with the general spirit and intent of the City of La Porte's Comprehensive Plan. (2) The proposed building will result in an attractive contribution to the community. LaPorte,Texas,CodeofOrdinancesPage203 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIX.DESIGNGUIDELINES Sec. 106-XXX. Architectural design guidelines. Exterior Façade Materials (a) At least two of the following materials shall be used on all exteriors: brick, stone, stucco, (1) architectural concrete block with integrated color (split-face CMU, factory primed cementitious fiberboard (in the form of lap siding or board and batten). (2) Prohibited exterior materials include cinder block, vinyl, wood, plastic, aggregate peagravel finished surfaces, and pre-engineered metal building siding. (b) Building color requirements. (1) The dominant color of all buildings shall be muted shades of color. Black and stark white shall not be used except as an accent color (2) There are no restrictions to accent colors which comprise of less than 6% of the structure. However, in no instance shall florescent colors be permitted. (3) Visible roof colors shall be a muted shade of cool gray, warm gray, brown or red. LaPorte,Texas,CodeofOrdinancesPage204 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIX.DESIGNGUIDELINES DIVISION 3. DESIGN GUIDELINES FOR MS and MSO DISTRICT Sec. 106-XXX. Purpose and intent. Sec. 106-XXX. Scope and enforcement. Sec. 106-XXX. Review procedures. Sec. 106-XXX. Architectural design guidelines. Section 106-XXX. Purpose and intent. (a) Purpose: These guidelines are intended to aid downtown property owners in La Porte to protect and enhance the historic resources of the community. The standards describe design ideas for appropriate alterations and new construction, and also provide basic maintenance tips. (1) To protect, enhance and perpetuate landmarks and districts of historical, cultural, architectural or archeological importance that reflect distinctive and important elements of the unique historical heritage of La Porte. (2) Foster civic pride by recognizing accomplishments of the past. (3) Protect and enhance the attractiveness of the City to tourists and visitors and support and stimulate the economy. (4) Insure the harmonious, orderly and efficient growth and development in the Main Street District. (5) Promote the economic prosperity and welfare of property owners in the Main Street District. (6) Encourage the stabilization, restoration and improvement of property and property values in the district. (7) Maintain a generally harmonious outward appearance of both historic and modern structures, which are compatible and complimentary in scale, form, color, proportion, texture and material. (b) Intent: To capitalize on La PorteÓs urban design and architectural character, the following principles shall serve as a guide for future development in the Main Street District. In general, the buildings should have a pre-1930Ós appearance. Sec. 106-XXX. Scope and enforcement. (a) Scope. These provisions shall apply to all new commercial and mixed residential/commercial uses. Single family residential is subject to the provisions of Sec. 106- RedevelopmentPrinciplesforSingleFamilyDwellings) XXX(f) (. (b) Enforcement. The provisions of this division shall be administered by the Director of Planning and Development or designee. (1) Existing buildings shall also conform to these requirement upon expansion of over one-third of an area of improvement/development. (2) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50 percent of the value (replacement cost by the certified appraisal) the structure shall conform to these above requirements. (3) The standards and criteria contained within this section are deemed to be minimum standards and shall apply to buildings constructed after the effective date of this ordinance. Buildings constructed after the effective date of this ordinance shall at all times comply with the provision of this division and the version of the building design guidelines in force at the time of the building permit application. Sec. 106-XXX. Review procedures. (a) The provisions of this section shall be reviewed as part of the requirements of Section 106-236 LaPorte,Texas,CodeofOrdinancesPage205 SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEIX.DESIGNGUIDELINES (Certified site plan required). (b) Any waivers to the provisions of this section require approval by the Planning and Zoning Commission. The Planning and Zoning Commission may approve a waiver request subject to the following findings: (1) The project as designed is consistent with the general spirit and intent of the City of La Porte's Comprehensive Plan. (2) The proposed building will result in an attractive contribution to the community. Sec. 106-XXX. Architectural design guidelines. (a) Setbacks and Height (1) Building heights shall not exceed 3 stories. (2) Commercial buildings (in overlay) shall be built to the front property line and have the main entrance facing the primary street. Corner entrances are an acceptable alternative for corner buildings. (b) Massing (1) Long uninterrupted façade planes should not be constructed. Those façade planes should maintain the natural rhythm of the historic 25Ó-50Ó store fronts. A larger business may accomplish this visually by designing the exterior to resemble multiple storeftonts. (2) Building wall offsets (projections and recesses) and/or pilasters shall be used to break up the mass of a single building into distinct vertical bays. Variations in roofline, materials and color shall also be used to break up the massing. (3) All visible sides of a building shall have an articulated base and cap. The base shall align with either the kickplate or sill level of the first story. The cap shall be at the top of the building wall and may take the form of a cornice, or some other horizontal expression distinguished through design materials or colors. (c) Roof Forms (1) Flat or sloped roofs with parapet walls shall be used on commercial buildings. (2) Rooftop equipment, including HVAC units, shall be screened from view. (d) Façade Characteristics (1) Building facades shall emphasize clearly articulated main entrances using awnings, canopies, columns, pilasters and recessed entrances including side on corner lots. (2) Window and door openings shall have a vertical orientation and align vertically between floors. (3) Ground floors shall be 65-86% glazed. Upper floors shall be 35-65% glazed (4) Canopies shall be appropriate to a buildingÓs architectural style and shall not conceal significant architectural features. (e) Exterior Wall Materials (1) The primary material (minimum of 90%) shall be brick, stone, stucco, block, wood siding or synthetic wood (such as Hardiplank). (2) Sheet metal siding, plywood, and EIFS (Exterior Insulation Finishing System), synthetic stucco, and burglar bars shall not be used. (f) Redevelopment Principles for Single-Family Dwellings (1) Homes shall be no more than two stories in height. (2) Houses should be designed to incorporate characteristics in pre-1930Ós residential construction. Colors common during the time should be utilized. (3) The primary material (minimum of 90%) shall be brick, stone, stucco, block, wood siding or synthetic wood (such as Hardiplank). (4) Sheet metal siding, plywood, and EIFS (Exterior Insulation Finishing System), synthetic stucco, and burglar bars shall not be used. (5) Where original doors and/or windows were blocked or covered, those openings should be restored to their original appearance. (6) The use of aluminum window frames is prohibited. LaPorte,Texas,CodeofOrdinancesPage206 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A D. Mick D. Mick Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Public Works Public Works Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Email Request to City Council1. Email Request to City Council 2. Industrial Waste Surcharge Formual2. Industrial Waste Surcharge Formual 3. USEPA National Pretreatment Program Flyer3. USEPA National Pretreatment Program Flyer 4. Current Surcharge Fee Snap Shot4. Current Surcharge Fee Snap Shot SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Through a city council member, City Council and staff received a request from the Corporate Counsel for a local Through a city council member, City Council and staff received a request from the Corporate Counsel for a local restaurant chain for City Council to consider removing restaurants from consideration with the Cityrestaurant chain for City Council to consider removing restaurants from consideration with the City’’s industrial s industrial waste ordinance.   waste ordinance.     Background:    The CityThe City’’s industrial waste ordinance (Chapter 74) was originally adopted in 1972 with amendments in 1980, 1982, s industrial waste ordinance (Chapter 74) was originally adopted in 1972 with amendments in 1980, 1982, s industrial waste ordinance (Chapter 74) was originally adopted in 1972 with amendments in 1980, 1982, s industrial waste ordinance (Chapter 74) was originally adopted in 1972 with amendments in 1980, 1982, and periodically after 1982 with the most recent update passed in 2012.  The ordinance includes a formula that and periodically after 1982 with the most recent update passed in 2012.  The ordinance includes a formula that dates back to 1982 or before to assess a water/sewer bill surcharge when test results indicate that the business is dates back to 1982 or before to assess a water/sewer bill surcharge when test results indicate that the business is discharging effluent with Biological Oxygen Demand (BOD) and/or Total Suspended Solids (TSS).  The formula is discharging effluent with Biological Oxygen Demand (BOD) and/or Total Suspended Solids (TSS).  The formula is attached.     The City of La Porte is required to operate a stateThe City of La Porte is required to operate a state--approved industrial waste preapproved industrial waste pre--treatment program by condition treatment program by condition of the City’s permit with the state to operate the City wastewater treatment plant.  But while the state must s permit with the state to operate the City wastewater treatment plant.  But while the state must approve the Cityapprove the City’’s industrial waste ordinance, the City does have latitude for determining fines and surcharges s industrial waste ordinance, the City does have latitude for determining fines and surcharges associated with the ordinance.  associated with the ordinance.    One purpose of the industrial waste ordinance is to monitor Biological Oxygen Demand (BOD) and Total One purpose of the industrial waste ordinance is to monitor Biological Oxygen Demand (BOD) and Total Suspended Solids (TSS).  Higher  BOD and TSS concentrations negatively impact the sewage collection system Suspended Solids (TSS).  Higher  BOD and TSS concentrations negatively impact the sewage collection system including sewer mains and lift stations and also negatively impact the waste water treatment process increasing including sewer mains and lift stations and also negatively impact the waste water treatment process increasing treatment costs (longer treatment time, increased oxygen/energy requirements, increased sludge) and can lead to treatment costs (longer treatment time, increased oxygen/energy requirements, increased sludge) and can lead to increased odors and lower quality plant effluent.  While grease is not specifically considered in the surcharge increased odors and lower quality plant effluent.  While grease is not specifically considered in the surcharge formula, the presence of grease will elevate BOD and TSS concentrations.  formula, the presence of grease will elevate BOD and TSS concentrations.      Additional background information in random summary fashion:Additional background information in random summary fashion:   Currently 128 facilities are permitted through the CityCurrently 128 facilities are permitted through the City’’s industrial waste program including:s industrial waste program including: 4 ““Significant Industrial UsersSignificant Industrial Users””((all four are truck tank wash facilities)all four are truck tank wash facilities) 72 72 ““Industrial UsersIndustrial Users””((food establishments)food establishments) 34 34 ““NonNon--Significant Industrial UsersSignificant Industrial Users”” 18 18 ““DryDry””permits (Facilities that do not discharge process wastewater to the City.) permits (Facilities that do not discharge process wastewater to the City.)  Restaurants have been considered an Restaurants have been considered an ““Industrial UserIndustrial User””in the La Porte program for 30 (+) years and in the La Porte program for 30 (+) years and perhaps from the programperhaps from the program’’s inception. s inception.    Approximately 50% of sanitary sewer overflows (SSOApproximately 50% of sanitary sewer overflows (SSO’’s) is attributed to grease from homes and s) is attributed to grease from homes and restaurants. restaurants.    SSO’s occurred with much greater frequency in the city prior to 1995.  The more senior staff members s occurred with much greater frequency in the city prior to 1995.  The more senior staff members recall that effluent from restaurants may have contributed approximately 20% of the SSOrecall that effluent from restaurants may have contributed approximately 20% of the SSO’’s at that time. s at that time.    The attached USEPA National Pretreatment Program flyer The attached USEPA National Pretreatment Program flyer ““Controlling Fats, Oils, and Grease Discharges Controlling Fats, Oils, and Grease Discharges from Food Service Establishmentsfrom Food Service Establishments””includes information relevant to the review of the La Porte program.   includes information relevant to the review of the La Porte program.      There is an education component to the City industrial waste program.  Food establishments in general have There is an education component to the City industrial waste program.  Food establishments in general have a fairly high employee turnover rate.  Education and rea fairly high employee turnover rate.  Education and re--education of restaurant personnel by restaurant education of restaurant personnel by restaurant managers (and City staff upon request) is needed on a consistent basis.  In most cases, the surcharge fees managers (and City staff upon request) is needed on a consistent basis.  In most cases, the surcharge fees seemingly do help keep the food establishment owners and/or managers engaged in the process. seemingly do help keep the food establishment owners and/or managers engaged in the process.    The above being said, a lesser surcharge for restaurants may also be effective.  A few thoughts come to The above being said, a lesser surcharge for restaurants may also be effective.  A few thoughts come to mind when remind when re--evaluating the current surcharge formula with respect to restaurants:evaluating the current surcharge formula with respect to restaurants:   The operation and maintenance cost per million gallons formula component changes from year to The operation and maintenance cost per million gallons formula component changes from year to year depending on the treatment plant expenditures and inflow to the plant.  The O/M factor the year depending on the treatment plant expenditures and inflow to the plant.  The O/M factor the previous four years ranged from $1.03 to $1.29.  A factor of $0.75 to be utilized indefinitely for previous four years ranged from $1.03 to $1.29.  A factor of $0.75 to be utilized indefinitely for restaurant establishments is one option.  This would have the impact this year of decreasing the restaurant establishments is one option.  This would have the impact this year of decreasing the surcharge rate by 42%.    surcharge rate by 42%.       City Council may want to consider utilizing a higher O/M factor, say $1.50, for the SIUCity Council may want to consider utilizing a higher O/M factor, say $1.50, for the SIU’’s (truck tank s (truck tank washes).  The sewage collection and treatment system is particularly sensitive to some of the washes).  The sewage collection and treatment system is particularly sensitive to some of the compounds that might be released from the truck wash facilities.  The true O/M factor using FY 13 compounds that might be released from the truck wash facilities.  The true O/M factor using FY 13 costs/total volume treated is $1.90 if WWTPcosts/total volume treated is $1.90 if WWTP--related debt payments and capital improvement related debt payments and capital improvement projects at the plant are considered.  Both $0.75 O/M for restaurants and $1.50 O/M for SIUprojects at the plant are considered.  Both $0.75 O/M for restaurants and $1.50 O/M for SIU’’s would be less than the true cost to operate the WWTP per 1000would be less than the true cost to operate the WWTP per 1000--gallons. gallons.    There is no distinction in the surcharge formula for the volume of domestic effluent vs. effluent from There is no distinction in the surcharge formula for the volume of domestic effluent vs. effluent from the kitchen area.  For the majority of our restaurants (the exceptions are restaurants on common the kitchen area.  For the majority of our restaurants (the exceptions are restaurants on common meters with other facilities), the surcharge amount has been calculated as if 100% of the effluent meters with other facilities), the surcharge amount has been calculated as if 100% of the effluent from the restaurant is through the kitchen/food processing area.  A general assumption that 67% of from the restaurant is through the kitchen/food processing area.  A general assumption that 67% of the total effluent from the food establishment is from the kitchen/food processing area for calculating the total effluent from the food establishment is from the kitchen/food processing area for calculating the surcharge fees (less if the owner/designer can document the surcharge fees (less if the owner/designer can document ––the permit holder does have the the permit holder does have the option currently to install a flow meter on the sewer discharge line).  This would reduce the option currently to install a flow meter on the sewer discharge line).  This would reduce the surcharge fees assessed to most restaurants by 33% from current billings. surcharge fees assessed to most restaurants by 33% from current billings.    Total reduction from the 2014 surcharge amounts for the majority of restaurants if both of these Total reduction from the 2014 surcharge amounts for the majority of restaurants if both of these changes were considered is just over 60%.changes were considered is just over 60%.  The increase for SIU  The increase for SIU’’s would be 16.3% if the $1.50 s would be 16.3% if the $1.50 O/M factor were implemented. O/M factor were implemented.    Attached is spreadsheet of current surcharges.   Please note that this spreadsheet is a snap shot.  Food Attached is spreadsheet of current surcharges.   Please note that this spreadsheet is a snap shot.  Food establishments can and often do lower their surcharge fees by utilizing best management practices with establishments can and often do lower their surcharge fees by utilizing best management practices with their food disposal and cleaning methods.their food disposal and cleaning methods.   There are a number of ways to attempt to monitor and regulate effluent from food establishments.  La There are a number of ways to attempt to monitor and regulate effluent from food establishments.  La Porte is included in a relatively small minority of municipalities in the state that include food establishments Porte is included in a relatively small minority of municipalities in the state that include food establishments with businesses included in a performancewith businesses included in a performance--based surcharge program.  based surcharge program.     The average BOD coming into the City wastewater treatment plant has steadily declined over the last 5 The average BOD coming into the City wastewater treatment plant has steadily declined over the last 5 years.   This is counter to the trend nationally of higher BODyears.   This is counter to the trend nationally of higher BOD’’s due to water conservation efforts and s due to water conservation efforts and building codes.   It is difficult to know what part of this trend in decreasing BOD is attributable to the Citybuilding codes.   It is difficult to know what part of this trend in decreasing BOD is attributable to the City’s efforts in monitoring restaurant effluent.  efforts in monitoring restaurant effluent.     Other Considerations:  Other Considerations:    The cost of the CityThe cost of the City’’s industrial waste program is approximately $100,000.   In terms of program cost per s industrial waste program is approximately $100,000.   In terms of program cost per facility, the cost of the 4 SIUfacility, the cost of the 4 SIU’’s (truck wash facilities) greatly exceed the permit and surcharge fees paid s (truck wash facilities) greatly exceed the permit and surcharge fees paid each year in aggregate by the SIUeach year in aggregate by the SIU’’s.  The current permit fee is $25/year for each entity.  Surcharge fees s.  The current permit fee is $25/year for each entity.  Surcharge fees average about $3,000/year from this group combined.  Total program cost for this group is estimated at average about $3,000/year from this group combined.  Total program cost for this group is estimated at $25,000/year or more including staff time, tests, additional reporting and audit requirements from the state $25,000/year or more including staff time, tests, additional reporting and audit requirements from the state associated with the SIUassociated with the SIU’’s.s.   Another approach is a greaseAnother approach is a grease--trap ordinance.  This type of program will be discussed in greater detail trap ordinance.  This type of program will be discussed in greater detail during staffduring staff’’s presentation.  One advantage of the current program is that the industrial waste surcharge s presentation.  One advantage of the current program is that the industrial waste surcharge fees encourage fees encourage ““best management practicesbest management practices””on the part of the restaurants for cleaning and grease on the part of the restaurants for cleaning and grease disposal.   A greasedisposal.   A grease--trap ordinance is designed for grease traps sized according to building codes and trap ordinance is designed for grease traps sized according to building codes and typically require pumping at specific intervals.  With a performance based approach, staff can usually work typically require pumping at specific intervals.  With a performance based approach, staff can usually work with whatever plumbing/grease trap equipment that the restaurant has in place and consider individualized with whatever plumbing/grease trap equipment that the restaurant has in place and consider individualized business practices (occasional catering, individual food processing method, etc.). business practices (occasional catering, individual food processing method, etc.).  Action Required of Council:Action Required of Council: Review the surcharge fee component of the City industrial waste ordinance with city staff Review the surcharge fee component of the City industrial waste ordinance with city staff and provide direction.and provide direction. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate National Pretreatment Program (40 CFR 403) Controlling Fats, Oils, and Grease Discharges from Food Service Establishments Summary The National Pretreatment Program provides regulatory tools and authority to state and local POTW pretreatment programs for eliminating pollutant discharges that cause interference at POTWs, including interference caused by the discharge of Fats, Oils, and Grease (FOG) from food service establishments (FSE). More specifically, the Pretreatment Program regulations at 40 CFR 403.5(b)(3) prohibit “solid or viscous pollutants in amounts which will cause obstruction” in the POTW and its collection system. What is the EPA’s Report to Congress on combined sewer overflows environmental (CSOs) and sanitary sewer overflows (SSOs) identified that “grease from restaurants, homes, and industrial problem with FOG sources are the most common cause (47%) of reported discharges into blockages. Grease is problematic because it solidifies, sewers? reduces conveyance capacity, and blocks flow.” See Impacts and Controls of CSOs and SSOs, EPA-833-R- 04-001, August 2004. Controlling FOG discharges will help POTWs prevent blockages that impact CSOs and SSOs, which cause public health and water quality problems. Controlling FOG discharges from FSEs is an essential element in controlling CSOs and SSOs and ensuring the proper operations for many POTWs. The interference incidents identified in CSO/SSO report to Congress may indicate the need for additional oversight and enforcement of existing regulations and controls. See 71 FR 76660 (21 December 2006). Office of Water 1 EPA-833-F-07-007 July 2007 What is the FOG wastes are generated at FSEs as byproducts from source of FOG at food preparation activities. FOG captured on-site is generally classified into two broad categories: yellow Food Service grease and grease trap waste. Yellow grease is derived Establishments? from used cooking oil and waste greases that are separated and collected at the point of use by the food service establishment. The annual production of collected grease trap waste and uncollected grease entering sewage treatment plants can be significant and ranges from 800 to 17,000 pounds/year per restaurant. What is the legal The National Pretreatment Program already provides authority for the necessary regulatory tools and authority to local pretreatment programs for controlling interference POTWs to problems. Under the provisions of Part 403.5(c)(1) & require FSEs to (2), in defined circumstances, a POTW must establish control FOG specific local limits for industrial users to guard against discharges? interference with the operation of the municipal treatment works. See 46 FR 9406 (28 January 1981). Consequently, pretreatment oversight programs should include activities designed to identify and control sources of potential interference and, in the event of actual interference, enforcement against the violator. Food service establishments can adopt a variety of best What can FSEs do management practices or install interceptor/collector to control FOG devices to control and capture the FOG material before discharges? discharge to the POTW collection system. For example, instead of discharging yellow grease to POTWs, food service establishments usually accumulate this material for pick up by consolidation service companies for re-sale or re-use in the manufacture of tallow, animal feed supplements, bio-fuels, or other products. Additionally, food service establishments can install interceptor/collector devices (e.g., grease traps) in order to accumulate grease on-site and prevent it from entering the POTW collection system. Office of Water 2 EPA-833-F-07-007 July 2007 How should FSEs Proper design, installation, and maintenance procedures are critical for these devices to control and capture the design and FOG. For example, maintain their FOG controls? Interceptor/collector devices must be designed and sized appropriately to allow FOG to cool and separate in a non-turbulent environment. FSE must be diligent in having their interceptor/ collector devices serviced at regular intervals. The required maintenance frequency for interceptor/collector devices depends greatly on the amount of FOG a facility generates as well as any best management practices (BMPs) that the establishment implements to reduce the FOG discharged into its sanitary sewer system. In many cases, an establishment that implements BMPs will realize financial benefit through a reduction in their required grease interceptor and trap maintenance frequency. A growing number of control authorities are using their What are some existing authority (e.g., general pretreatment standards POTWs doing today in Part 403 or local authority) to establish and enforce to control FOG more FOG regulatory controls (e.g., numeric discharges from pretreatment limits, best management practices FSEs? including the use of interceptor/collector devices) for food service establishments to reduce interferences with POTW operations (e.g., blockages from fats, oils, and greases discharges, POTW treatment interference from Nocardia filamentous foaming, damage to collection system from hydrogen sulfide generation). For example, since identifying a 73% non-compliance rate with its grease trap ordinance among restaurants, New York City has instituted a $1,000-per-day fine for FOG violations. Likewise, more and more municipal wastewater authorities are addressing FOG discharges by imposing mandatory measures of assorted kinds, including inspections, periodic grease pumping, stiff penalties, and even criminal citations for violators, along with ‘strong waste’ monthly surcharges added to restaurant Office of Water 3 EPA-833-F-07-007 July 2007 sewer bills. Surcharges are reportedly ranging from $100 to as high as $700 and more, the fees being deemed necessary to cover the cost of inspections and upgraded infrastructure. Pretreatment programs are developing and using inspection checklists for both food service establishments and municipal pretreatment inspectors to control FOG discharges. Additionally, EPA identified typical numeric local limits controlling oil and grease in the range of 50 mg/L to 450 mg/L with 100 mg/L as the most common reported numeric pretreatment limit. EPA expects that blockages from FOG discharges will How can CMOM decrease as POTWs incorporate FOG reduction activities help control FSE into their Capacity, Management, Operations, and FOG discharges? Maintenance (CMOM) program and daily practices. CMOM programs are comprehensive, dynamic, utility specific programs for better managing, operating and maintaining sanitary sewer collection systems, investigating capacity constrained areas of the collection system, and responding to SSOs. Collection system owners or operators who adopt FOG reduction activities as part of their CMOM program activities are likely to reduce the occurrence of sewer overflows and improve their operations and customer service. For more information on developing local limits is in the Where can I get Local Limits Development Guidance, EPA-833-R-04- more information? 002A, July 2004, and EPA’s Pretreatment Web site, http://cfpub.epa.gov/npdes/home.cfm?program_id=3. CMOM information is located in the following document, Guide for Evaluating Capacity, Management, Operation, and Maintenance (CMOM) Programs at Sanitary Sewer Collection Systems, EPA-305-B-05-002, January 2005, http://cfpub.epa.gov/npdes/sso/featuredinfo.cfm. Additional information is also available from your state or EPA Regional Office. Office of Water 4 EPA-833-F-07-007 July 2007 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM November 10, 2014November 10, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Tim Tietjens Tim Tietjens Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Section 12 of Devlopment Ordinance 1444 1. Section 12 of Devlopment Ordinance 1444 and Table of Developer Costsand Table of Developer Costs SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS In 2006, the La Porte Development Ordinance (#1444) was amended to require funding for and/or provision of In 2006, the La Porte Development Ordinance (#1444) was amended to require funding for and/or provision of park areas and amenities resulting from new residential development. Formulas were approved that allowed for park areas and amenities resulting from new residential development. Formulas were approved that allowed for two general items as shown in the attached Table of Developer Costs:two general items as shown in the attached Table of Developer Costs:   1.Park Real Estate: For larger developments, developers are required to provide a proportional amount of Park Real Estate: For larger developments, developers are required to provide a proportional amount of parkland when platting a new subdivision of more than 92 homes or pay an inparkland when platting a new subdivision of more than 92 homes or pay an in--lieulieu--of parkland fee of of parkland fee of $490.00 per dwelling unit intended to otherwise procure acreage. The greater the amount of homes platted, $490.00 per dwelling unit intended to otherwise procure acreage. The greater the amount of homes platted, the greater the parkland provided per the formula. For developments between 1 and 92 homes however, the the greater the parkland provided per the formula. For developments between 1 and 92 homes however, the proportional amount of parkland was deemed not large enough to be practical, so the inproportional amount of parkland was deemed not large enough to be practical, so the inproportional amount of parkland was deemed not large enough to be practical, so the inproportional amount of parkland was deemed not large enough to be practical, so the in----lieulieulieulieu----of parkland fee of parkland fee of parkland fee of parkland fee is the only option in those cases.is the only option in those cases. 2.Park Improvements: A park development fee of $318.00 per dwelling unit is also required to provide for Park Improvements: A park development fee of $318.00 per dwelling unit is also required to provide for intended improvements within parks as a condition of issuance of a (residential) building permit. This is intended improvements within parks as a condition of issuance of a (residential) building permit. This is applied to every dwelling unit permitted whether or not the developer chooses to provide parkland.applied to every dwelling unit permitted whether or not the developer chooses to provide parkland. When both such amounts are added together, a fee of up to $808.00 per dwelling unit is possible if parkland When both such amounts are added together, a fee of up to $808.00 per dwelling unit is possible if parkland is not otherwise provided.is not otherwise provided.  The question has been raised that the fee for single units not built as part of a subdivision might be  The question has been raised that the fee for single units not built as part of a subdivision might be unnecessary or excessive. The purpose of this report is to determine if there is interest in changing the unnecessary or excessive. The purpose of this report is to determine if there is interest in changing the current provisions.current provisions. Action Required of Council:Action Required of Council: Receive report and provide direction regarding the current parkland provisions of Development Ordinance 1444 as Receive report and provide direction regarding the current parkland provisions of Development Ordinance 1444 as it relates to assessing fees for individual dwelling units.it relates to assessing fees for individual dwelling units. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Council Agenda Item Council Agenda Item November 10, 2014 November 10, 2014 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS •Zoning Board of Adjustment Meeting, Thursday, November 13, 2014Zoning Board of Adjustment Meeting, Thursday, November 13, 2014 •Planning and Zoning Commission Meeting, Monday, November 17, 2014Planning and Zoning Commission Meeting, Monday, November 17, 2014 •Thanksgiving Holidays, Thursday, November 27, 2014 and Friday, November 28, 2014Thanksgiving Holidays, Thursday, November 27, 2014 and Friday, November 28, 2014 •City Council Meeting, Monday, December 8, 2014City Council Meeting, Monday, December 8, 2014 •Christmas Holidays, Wednesday, December 24, 2014 and Thursday, December 25, 2014Christmas Holidays, Wednesday, December 24, 2014 and Thursday, December 25, 2014 10.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies or existing policies or existing policies or existing policies ––Councilmembers Earp, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Councilmembers Earp, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Councilmembers Earp, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Councilmembers Earp, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken and Mayor RigbyEngelken and Mayor Rigby   11.ADJOURNADJOURN ****************************************************************** ******************************************************************