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HomeMy WebLinkAbout10-18-12 Regular, Public Hearing and Workshop Meeting of the Planning and Zoning Commission%Oriir � rr, City of La Porte Planning and Zoning Commission Agenda Notice is hereby given of a Regular Meeting, Public Hearing, and Workshop of the La Porte Planning and Zoning Commission to be held on October 18, 2012, at 6:00 P.M. at City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, regarding the items of business according to the agenda listed below: 1. Call to order 2. Roll Call of Members 3. Consider approval of September 20, 2012, meeting minutes. 4. Open Public Hearing to receive public input regarding proposed regulations to allow Accessory Structures without associated Primary Use or Structure in the Large Lot Residential Zoning District. A. Staff Presentation B. Proponents C. Opponents D. Proponents Rebuttal 5. Close Public Hearing 6. Consider recommendation to City Council regarding amendments to Chapter 106 "Zoning" of the Code of Ordinances, for the purpose of enacting regulations for Accessory Structures without requirement for associated Primary Use or Structure in the Large Lot Residential Zoning District. 7. Open Workshop to discuss proposed regulations for Dust Free Surface criteria for properties within the City of La Porte 8. Administrative Reports 9. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy 10. Adjourn A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by Council. 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 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the October 18, 2012, agenda of items to be considered by the Planning and Zoning Commission was posted on the City Hall bulletin board on the day of 12012. Title: Planning and Zoning Commission Minutes of September 20, 2012 Commissioners Present: Richard Warren, Helen LaCour, Phillip Hoot, Hal Lawler, Mark Follis, Danny Earp, and Les Bird Commissioners Absent: Doretta Finch and Lou Ann Martin City Staff Present: Assistant City Manager Traci Leach, Planning Director Tim Tietjens, City Planner Masood Malik, Assistant City Attorney Clark Askins, and Office Coordinator Peggy Lee Others Present: 1. Call to order. One citizen was present Meeting called to order by Chairman Lawler at 6:05 p.m. 2. Roll Call of Members. Commission Members verbally indicated their attendance; Commissioners Finch and Martin were not present for the meeting. 3. Consider approval of August 30, 2012, meeting minutes. Motion by Commissioner Hoot to approve the August 30, 2012, meeting minutes. Second by Commissioner Warren. Motion carried. Ayes: Commissioners Warren, LaCour, Hoot, Follis, Earp, Bird, and Chairman Lawler Nays: None 4. Open Public Hearing to receive citizen input on the La Porte Comprehensive Plan Update. Chairman Lawler opened the public hearing at 6:10 p.m. A. Presentation Matt Bucchin, Kendig Keast Collaborative, presented a summary of the Comprehensive Plan Update and described the sequence of events leading up to the public hearing: • Project kick-off in June 2011, which included key interviews with staff, eight (8) small committees, and individual interviews with Mayor and City Council. • August 2011 through August 2012, conducted ten (10) Planning and Zoning Commission Meetings during which elements of the Plan were reviewed. • Conducted two (2) Council briefings. Planning and Zoning Commission Minutes of September 20, 2012 Page 2 of 4 Masood Malik, City Planner, reported on the various methods used to advertise the public hearing. Additionally, a separate mail notification was sent to 26 Planned Unit Development (PUD) property owners, with two (2) responses received in favor and one (1) response in opposition to the proposed Future Land Use Plan; one (1) of the notices was returned to the City as undeliverable. During discussions, it was noted that notices sent to two of the PUD property owners contained errors. The Commission concurred that staff should resend letters to these property owners with the correct information as shown below: Pierside Industries Existing Land Use Plan - Mid to High Density Residential Proposed Future Land Use Plan — Business Industrial PPG Existing Land Use Plan — Mid to High Density Residential and Public Uses Proposed Future Land Use Plan — Mid to High Density Residential There was discussion about changing the Future Land Use Plan for the area that includes the detention pond between S. 161" St. and SH 146 S, within the Port Crossing Business Park, from Parks and Open Space to Business Industrial on the Future Land Use Plan. At the request of Commissioner Follis, the Commission discussed leaving the first four (4) lots off Fairmont Parkway (two blocks east of City Hall) as Commercial and changing the remainder of lots in the block, up to W. "I" St. to Low Density Residential on the Future Land Use Plan. There was discussion about changing the tract east of Taylor Bayou along S. Broadway from Residential to Commercial on the Future Land Use Plan. There was discussion about retaining the existing Commercial tract at the northeast corner of Wharton Weems Blvd. and SH 146 on the Future Land Use Plan. B. Public Comments There were no public comments. 5. Close Public Hearing Chairman Lawler closed the public hearing at 7:45 p.m. 6. Consider recommendation to City Council on the La Porte Comprehensive Plan Update. Motion by Commissioner Follis to recommend to City Council, approval of the La Porte Comprehensive Plan Update, with the following changes to the Plan which was presented: Planning and Zoning Commission Minutes of September 20, 2012 Page 3 of 4 • Change the Future Land Use Plan for the area that includes the detention pond between S. 16t" St. and SH 146 S, within the Port Crossing Business Park, from Parks and Open Space to Business Industrial. • Leave the first four (4) lots off Fairmont Parkway (two blocks east of City Hall) as Commercial and change the remainder of lots in the block, up to W. "I" St., to Low Density Residential on the Future Land Use Plan. • Change the tract east of Taylor Bayou along S. Broadway from Residential to Commercial on the Future Land Use Plan. • Retain the existing tract at the northeast corner of Wharton Weems Blvd. and SH 146 as Commercial on the Future Land Use Plan. • Correct any typos and incorrect references throughout the document. Second by Commissioner Warren. Motion carried. Ayes: Commissioners Warren, LaCour, Follis, Earp, Bird, and Chairman Lawler Nays: Commissioner Hoot Chairman Lawler thanked Kendig Keast Collaborative for their professionalism during this endeavor. 7. Administrative Reports Tim Tietjens, Planning Director, reported City Council has directed a planning/procedural audit of the Planning Department to ensure the City is being as responsive to our citizens as possible. As part of the audit, Commission Members will more than likely be interviewed by the consultant. It is anticipated the entire process should take approximately six (6) months. 8. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. Chairman Lawler thanked City staff for their contribution in working with the Commission to review and update the Comprehensive Plan. Commissioner Warren spoke of his appreciation for everyone working together and the time dedicated to completing the Plan update. Commissioner LaCour thanked the group. Commissioner Follis stated he was proud of the final draft Plan and inquired about what would be next for the Commission to review. Planning and Zoning Commission Minutes of September 20, 2012 Page 4 of 4 Chairman Lawler requested Commission Members make a list of issues they would like to review/address in the upcoming months. Commissioner Earp thanked staff and the consultant for their hard work. Commissioner Bird expressed appreciation for all the work that went into updating the Plan. Chairman Lawler reminded Commission Members there would be a public hearing on the Comprehensive Plan during the October 22nd City Council meeting. Commission Members are encouraged to attend. 9. Adjourn Motion by Commissioner Warren to adjourn. Second by Commissioner LaCour. The motion carried. Ayes: Commissioners Warren, LaCour, Hoot, Follis, Earp, Bird, and Chairman Lawler Nays: None Chairman Lawler adjourned the meeting at 7:57 p.m. Respectfully submitted, Peggy Lee Secretary, Planning and Zoning Commission Passed and Approved on October 18, 2012. Hal Lawler Chairman, Planning and Zoning Commission Staff Report Accessory Structures w/o Primary Use or Structure Background October 18, 2012 City Council directed staff to consider permitting accessory structures, i.e. storage, garage and barns etc., without the primary residential use/structure within the City of La Porte's Large Lot District. The intent is to suggest changes to the requirements and provisions for residential large lot districts as stated in the Zoning (Chapter 106) of the Code of Ordinances. At issue are accessory structure requirement for large lot residential to have garages, barns, and/or storages without a primary structure on the same establishment. Earlier, a property owner in the Lomax area sold a piece of property with a barn to an individual who does not want to build a house (primary structure) at this time. See exhibit attached. They would rather prefer to enjoy the property with a barn only and need electricity for this accessory structure. The City's Code of Ordinances prohibits accessory structures without a primary structure on the property. Existing Requirements: Definition: Accessory Structure: 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 of the principal structure or use. Regulations: • Zoning Ord. 4620 (10/05/1960 adoption) addresses placement in relation to house & use of materials similar to the primary. • Zoning Ord. 4780 (02/05/68 amendment) addresses placement in relation to house & lot coverage. • Zoning Ord. 41501 (01/26/87 adoption) Table 106-331 identified toolhouse, sheds, storage buildings (non-commercial associated with residence) as an "accessory" use. • Chapter 106 of the City's Code of Ordinances, Table 106-331 still identifies toolhouses, sheds, storage buildings (non-commercial associated with residence) as an "accessory" use. • In addition, Table 106-331 also identifies domestic livestock — Large Lot as an "accessory use". Therefore, a primary house is required for accessory buildings/structures or animals on the property. Accessory Structures ZOA Page 2 of 5 Analysis: A number of communities across the country do permit accessory structures without a principal structure in agricultural districts or in residential districts where agriculture is the primary use of the land. After reviewing a number of codes from the nearby cities, staff did find a few examples that follow this model. Aside from this general exemption for structures on lots used primarily for crop production, staff found one example of a community, Pearland, with a specific exemption for accessory structures on lots with no primary structure in a specific zoning district intended for newly annexed or undeveloped lands. While analyzing nearby cities area and use regulations for accessory structures, it was difficult to render any distinction between accessory and primary structures. The City of Pasadena is a non -zoned municipality and the regulation of land use is done by deed restrictions and city ordinances. Here, if the subdivision deed restrictions allow it, a vacant lot can have a shed or garage placed on it as long as it is not used for residential purposes. City of Galveston permits farm accessory building, a structure other than a dwelling, on a farm for the housing, protection or storage of the usual farm equipment, animals, and crops. Whereas, other comparison cities (Baytown, Deer Park, Friendswood, League City, Texas City, Webster) do not permit accessory structures with no primary structures in residential districts. Results of research by the Planning Advisory Services (PAS) subsidiary of the American Planning Association on the neighboring cities are shown in the table below: Cities Permits Accessory Structures with No Primary Structures Baytown No Deer Park No Friendswood No Galveston Yes La Marque No League City No Missouri City No Pasadena Yes Pearland Yes Sugar Land No Texas City No Webster No 2 Accessory Structures ZOA Page 3 of 5 Recommended Requirements: Based on the above research and prevailing conditions in the Large Lot district, staff suggests the following changes to the City's Code of Ordinances: • Section 106-1. Definitions. Accessoa structure, use or buildia without required principal structure. A residential barn and livestock, without a principal structure, shall be a "conditional use", within the large lot district only. Structure/use shall be for the property owner's personal use only commercial use is not allowed) for tracts one (1) acre or larger in size. See Sec. 106-416. Special regulations. • Section 106-331. Table A, Residential Uses. P (ABC) —Permitted uses (subject to designated criteria established in section 106-334). P Permitted uses. AAccessory uses (subject to requirements of section 106-741) CConditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-334 as determined by the planning and zoning commission). *—Not allowed. Uses (SIC Code 4) Zones R-1 R-2 R-3 MH LL Domestic livestock —Large lot A A A A A Domestic livestock — Large Lot District (without an existing �principal structure * * * * C on the property) Storage of equipment i an ,,eeessefy btti difig f behind a screening device A A A A C Noncommercial toolhouses, barns, sheds, storage buildings (,efie,,mmef ; associated with residence) A A A A C 3 Accessory Structures ZOA Page 4 of 5 Sec. 1.06- . -'cable B, residentialarea requirements. (a) Table B, residential area requirements. Uses Minimum Minimum Minimum Maximum Minimum Minimum Maximum s Lot Lot Yard Height Site Development Lot Area/D.U. Width Setbacks Area/Unit Open Space/ Coverage/ S.F. L.F. L.F. S.F. Unit S.F. Minimum F.R.S. 7 Landscaping 2, 3, 4, 5, 6, Required 10, 9,19 1.1., 12, 13, 14, 15 Large Lot District (without See Sec. 106-416. Special Regulations. existing principal structure: Accessory Structure/ Domestic livestock Sec. 11.06-416. - Special. regulations. (aa) Barn and/or Livestock (without existing principal structure): Conditional (Requires SCUP from the Cit • Sec. 106-741. - General provisions. (j) Large lot district. Refer to section 106-416, special regulations. The property owner of a barn and/or livestock authorized without a principal structure on the property, shall be responsible for ensuring no one lives in the barn, property is kept in a sanitary condition and the property complies with all applicable city regulations. 4 Accessory Structures ZOA Page 5 of 5 Conclusion/Recommendation: Based on the research and prevailing conditions in the area, staff recommends inclusion of the above referenced provisions in the ordinances. Action by the Commission 1. Conduct public hearing 2. Discuss the issues 3. Make a Recommendation to City Council at conclusion of a public hearing. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ACCESSORY STRUCTURE, USE OR BUILDING WITHOUT REQUIRED PRINCIPAL STRUCTURE ON THE SAME PROPERTY; ESTABLISHING AN ACCESSORY STRUCTURE AS "CONDITIONAL"; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABIL,ITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article I, "In General", Section 106-1, "Definitions" is hereby amended by adding the following terms, to be added in proper alphabetical sequence, and to read as follows: Accessoa structure, use or buildia without required principal structure. A residential barn and livestock, without a principal structure, shall be a "conditional use", within the large lot district only. Structure/use shall be for the property owner's personal use only (commercial use is not allowed) for tracts one (1) acre or larger in size. See Sec. 106-416. Special regulations. Section 2. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article III. "Districts", Division 2. "Residential District Regulations", Subdivision I. "Generally" is hereby amended by amending Section 106-331, which section shall read as follows: "Sec. 106-331. Table A, Residential Uses. P (ABC) —Permitted uses (subject to designated criteria established in section 106-334). P Permitted uses. AAccessory uses (subject to requirements of section 106-741) CConditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-334 as determined by the planning and zoning commission). *—Not allowed. Uses (SIC Code 4) Zones R-1 R-2 R-3 MH LL Domestic livestock —Large lot A A A A A Domestic livestock — Large Lot District (without an existingprincipal structure * * * * C on the property) Storage of equipment i an ,,,.,setty btti difig f behind a screening device A A A A C Noncommercial toolhouses, barns, sheds, storage buildings (,,,,,,.,,,,met: ; 1 A A A A C associated with residence) Section 3. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article III. "Districts", Division 2. "Residential District Regulations", Subdivision I. "Generally" is hereby amended by amending Section 106-333, which section shall read as follows: Sec. 1 06-333. -Table B, residential area requirements. (a) Table B, residential area requirements. Uses Minimum Minimum Minimum Maximum Minimum Minimum Maximum s Lot Lot Yard Height Site Development Lot Area/D.U. Width Setbacks Area/Unit Open Space/ Coverage/ S.F. L.F. L.F. F.R.S. S.F. Unit S.F. Minimum 2, 3, 4, 5, 6, 10, 7 Landscaping 11_1, 12, 13, 14, Required 15 9,19 Large Lot District (without existing principal structure: See Sec. 106-416. Special Regulations. Accessory Structure/ Domestic livestock 2 Section 4. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article III. "Districts", Division 2. "Residential District Regulations", Subdivision VI. "LL Large Lot District" is hereby amended by amending Section 106-416, which section shall read as follows: • Sec. 106-416. - Special regulations. (aa) Barn and/or Livestock (without existing principal structure): Conditional (Requires SCUP from the City) Section 5. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 2. "Accessory Buildings, Uses and Equipment" is hereby amended by amending Section 106-741, which section shall read as follows: • Sec. 106-741. - General provisions. (j) Large lot district. Refer to section 106-416, special regulations. The property owner of a barn and/or livestock authorized without a principal structure on the property, shall be responsible for ensuring no one lives in the barn, property is kept in a sanitary condition and the property complies with all applicable City regulations. Section 6: 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 of other ordinances regulating and governing the subject matter covered by this ordinance. Section 7: 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 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 9. 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, Texas Local Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance 3 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 10. 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, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED this the day of , 2012. ATTEST: City Secretary APPROVED: Assistant City Attorney CITY OF LA PORTE By: Mayor 4 Staff Report Dust Free Surface Discussion Item Background October 18, 2012 City Council received an inquiry about an effective enforcement of the City's dust free surface criteria. Council directed staff to study the issue and present it to the Planning and Zoning Commission for their consideration. The City of La Porte's Zoning Ordinance requires a dust free surface for areas intended to be utilized for parking, driveways and areas intended to be utilized for storage requiring vehicle use as shown in the sections referenced below. In addition, Ordinance No. 904 dated 11-15-71 (see copy attached) prescribes standards for concrete used in the construction of driveways, sidewalks, and patios. Existing Requirements: Section 106-835(f) requires a material suitable to control dust and drainage, except in the case of single-family and two-family dwellings, which requires a dust free surface in conformance with the Public Improvement Criteria Manual (currently interpreted to require either a concrete or asphalt driveway), see Exhibit C. Section 106-837 requires a concrete or bituminous (asphalt) driveway for single-family, two-family, and townhome accessory off-street parking, see Exhibit D. Section 106-416 requires the first 40 feet of a 12-foot wide driveway and the first 20 feet of a 20-foot wide driveway be dust free, but does not define the dust free surface, see Exhibit E. Section 106-444 (b) allows for a storage area to be grassed or surfaced to control dust, see Exhibit F. Recommended Requirements: While the above code sections do not necessarily conflict with each other, they present a problem to staff in their administration due to being vague and poorly defined to address the full spectrum of development scenarios. In an effort to better define the dust free surface ordinance and to address complaints, as well as requests by individuals for the use of surfaces not currently allowed by ordinance, staff has prepared a table listing the existing and proposed dust free ordinance conditions & Options for the Commission's discussion and consideration (see Exhibit B). Accessory Bldgs. Zoning Ordinance Amendment Page 2 of 2 Actions by the Commission: 1. Discuss the issue 2. The Commission may elect to: ➢ Direct staff to finalize recommendation and arrange a public hearing by next meeting ➢ Make recommendation to City Council at the conclusion of a public hearing. 2 v v U U O O U U t t U U C C t.0 00 41 N N L L C 4J 4J E 3 3 E E E E a D D U U U -0 -0 C C C 0J N 0J N U 4� N 4� N N u U u U L N � N C 'O O 0 v o Q v u a a a E _u D C�C C t t t U > aJ U U U C 3 O C � C C C ._ O O d N N N\ N s a w 3 3 3 3 v m m m N bOA w Q- G = N U t U t U t -0 t to N Q Q d U U U U c l0 l0 l0 00 cm ^ To O a U N N N O UM _ > i O 0a s ° O ° Q U C a D D UJ O O a) bA E E Q u O 6 u O o E n c c C C _ C n3 0 O O =p aJ O 0 N — O N 6 N .... s YO U N N N O U U C U C Q Q ° O p O 3 O a oaC l0 l0 Z Z > u v C:U o u 73 v E E w ° O 3 O o � a Q v 4o E E w o v O v Q�Y U v 3 s Ln `^ C C Q Q a a oa ar � 3 p ar ar � J �aJ U U N O aJ aJ v° i m= 3 0> Y as ° fl Q . m u — ° U t0 t0 o s a m a 0 u Q n3 ° te a) a 'O v Q - v a .O N a io 0J f6 � npn ar E c E O c O Q ro ° O O U c u a n3 a v v o C E u co m E v^ °u c v v � 0 o co N Y o° v o > axi v m Q U N X N O i 03 .— O '� O O u �+ vOi _ Q Q LS W LL a) `� — �n Q a) 0 u to c +' 00 p O N aJ v aj •- -p m Q a) °- E � _ ° p U .5 4 w s n3 aj D cr N asi M aJ Q O Q 3 d w U '1 O 00 C x N ^ z cm v 0 Q a) 'O a..i M M 00 00 `"� U -1 p Vj a) E 'O Z I Q O > N O J U = p to 0 C O O O O � m 00 c C ° i u= O O N io 3 0J oC vi u u E =p •� ° a O •� U u Y>> ° Q J u u N N N N a) Q - U Q m ar O 'O -° E 'O �--�i1i 0 O x N OC 00 Z m-0 u -o Nn * 0= u u° == Municode La Porte, Texas, Code of Ordinances >> Subpart R - LAND USE REGULATIONS >> Chapter 106 - ZONING » ARTICLE VI. - OFF-STREET PARKING >> 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. 106-841-106-870. - 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 spaces may be developed as landscape islands, subject to the requirements of section 106-800(c). These islands shall count towards the total percentage of landscaping required in sections 106-333, 106-443, and 106-522 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) Sec. 106-833. - Site plan drawing. 8/6/201! 2 Municode 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. M 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. (9) 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 spaco size. Each standard parking space shall not be less than nine feet wide and 18 feet in length, and each ADA accessible parking space shall not be less than 14 feet wide 8/6/2012 Municode 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) "Head -in "parking spaces. In the case of off-street parking facilities located within multiple - family developments exclusively serving "senior" age individuals, all 900 or "head -in" parking is prohibited. FIGURE 10-1 8/6/2012 Municode FIGURE 10-2 CURB AND DRIVEWAY CRITERIA, RESIDENTIAL DISTRICTS (R-1, R-2, R-3, MH) Driveway Requirements Drive width 12' to 25' Curb return radius 2' to 5' Distance from intersection 25' mina Spacing between driveway_10' min. Distance from side lot line 3' min. 8/6/2012 Municode Intersecting an le 190 Approach grade 5% max. For concrete drives only: a. Material Min. 4" thickness w/ 6X6-6/6 W.W.M. b. Expansion joint At property line c, Curb (if applicable) Curb disappearing at property line bstruction clearance r Min. T 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 (CR, NC, GC, BI, LI, HI) Driveway Criteria Re uirements Commercial Industriat Drive width 0' to 25' 30' to 40' Curb return radius 10' to 15' 10' to 15' Distance from intersection 0'* 40' min." Spacing between driveways 0' min. 40' min. Number of accesses 1/80'; 2/150' 1/80'; 2/150' a of property frontage 0% 40% Intersecting an le 90 90 Approach grade 5% max. 5% max. Ex ansion 'otnt At prop, line At prop. line Curbs Disappearing t prop. line Disappearing at prop. tine Obstruction clearance 5' min. 5' min. Distance from side lot line 10' min. 10' min. * 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. (fi 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 in conformance with the public improvements criteria manual. 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. 8/6/2012 Municode (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. (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. Required screening. Any screening required shall consist of the following: (�} 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. (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), 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. 8/6/2012 Mimicode (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. 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 city building code, and the Southern Standard Building Code. Uses SIC Code Number of Parking Spaces* Required for Each Single-family, attached or detached townhouses, 2 dwelling unit duplexes, 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 facilities 1 4 beds 1 staff member or employee Day care centers 1 5 children 1 staff member 10 Minimum, Plus Recreational buildings, private clubs, community 1 200 s.f. in excess centers 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 assembl hall Public or private educational, elementary, and junior 1 20 students high 1 staff member Senior high school 1 4 students 1 staff member Governmental and public utility buildings and office 1 300 s.f, of structures Colleges and technical institutes 1 1.5 students 1 staff member 4 Minimum, Plus Rest homes nursing homes, 805 convalescent homes 1 2 beds Hospitals 806 1 2 beds Banking 1 400 s.f. 1 300 s.f. 8/6/2012 Municode Credit agencies, business services, brokers, insurance, real estate, and holding companies (601-679 and 731- 739) Hotel, motels, roominghouses (701-704) 1 rental room 1 employee Misc. repair services, electrical, TV, and watch repair 2 1,000 s.f. of 762---769 shop area Health, legal and social services (801--804, 811 and 3 1,000 s.f. 832) Manufacturing 3 1,000 s.f. 1 1.5 employees General contractors 152-162 3 1,000 s.f./office Special trade contractors (171-179) 1 3 nonoffice employees Terminal and service facilities for motor vehicle 3 1,000 s.f. /office passenger transportation (417) 1 Fleet vehicle stored on premises Motor freight transportation, storage, and warehousing 3 1,000 s.f./office (421--423) 1 1.5 nonoffice employees 1 vehicle stored on premises Wholesale trade, durable and nondurable (501-519) 3 1,000 s.f./office 1 1.5 nonoffice employees.._ 1 vehicle stored on premises Building materials, hardware, garden supply and 4 1,000 s.f./retail space mobile home dealers 521-527 1 1.5 yard or open space employees General merchandise stores, food stores, apparel and 4 1,000 s.f./retail space accessory stores, furniture and home furnishings, and mist. retail 531-549; 561-573; and 591-599; 553 Personal service, beauty and barber shops, etc. (721— 4 1,000 s.f. 29 except 7218 Automotive dealers (551-559) (except 553-554) 1 employee 1 500 s.f./showroom area Gasoline service stations (554), automotive repair, 2 service stall services and garages Eating and d inking establishment 581 10 1,fl00 s.f. 2 Minimum, Plus Bed and breakfast 1 leach rental room * These numbers are the minimum required regardless of building or use size. Sec. 106-840. - Off-street loading 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. 8/6/2012 Municode (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. ( 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. (9) 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 8/G/2012 Municode 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 orstadium.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) Cross reference— Vehicular parking facilities for inobile home park sites, § 98-98. Back 8/6/2012 ZONING § 106-835 FIGURE 10-2 AND DRIVEWAY CRITERIA, RESIDENTIAL DISTRICTS CURB {R-1, R-2, R-3, ME Requirements Driveway 12' to 25' ]3rive width . 2' to 5' Curb return radius 25, m;,,"* Distance from intersection. Spacing between d lveway 10' min. Distance from side lot line 3' anin. lntersecting angle 90 Approach grade 5% max. For eoncsete drives,only- Min. 4" thickness a. Material W 6A-6I6 W.W M. At property line ,b. -Expansion joint Curb disappearing at if CV±b (if applicable) property line Obstruction clearance Mn. 3' from poles, hydrants, etc. * This'distance shall be measured from the intersection of•property lines common with street rid'ht-of-way, lines: i ,. FIGURE 10-3 CURB -AND DRIVEWAY CRITERIA COMMERCIAL AND INDUSTRIAL DISTRICTS �. Di-ivew" ay Criteria Requirements industrial; Commercial •tf•`-. , , 20'`05'. i 301=to 40' � ,10, to i5' • i0 to 15' Curb return radius Distance from intersection 401* 4�'`•�i.n.' . Spacing between driveways 40` min. vg0'; 2/150' of accesses JJ80'; 2J150' .Number % of property frontage I Ii erseetlhg angle3 90 90 '5% Approach grade 5% max. max. 'xpaiision joint • At'prop: line At prop, line CD 106:95 EDGE OF PAVEMEN SIDEWALK CRITERIA OMAXIMUM SIDEWALKRUNNING SLOPE 1:20 (1/2" PER FT.) OMAXIMUM SIDEWALK CROSS SLOPE 1:50 (1/4" PER FTT) O WHEELCHAIR RAMPS 1"-12" MAXIMUM FALL WHEN APPLICABLE. (NOTSHOWN) ®EXPANSION JOINTS 30 O.C. AND BREAK JOINTS 6 O.C. MINIMUM 4" CONCRETE . DEPTH E H 8/*NO W[RE M 18ES- CM CENTER EACH OSHOULD BE SET BACKA MINIMUM OF ZFEEH. SIDALTFROM THE RIGHT-OF-WAY LINE TO ALLOW FOR UTILITY MAINTENANCE ACTIVITIES. DRIVEWAY DETAIL SHEET PAGE 1 OF 2 (SEE ALSO D W-013. D WG) NCRETE E INTT COURB� DRIVEWAY APRON CRITERIA ®MINIMUM CONCRETE DEPTH 4" NOM. REINFORCE WITH 46 6X6 W VM. MINIMUM 2500 PSt CONCRETE. O MINIMUM OF 6" CONCRETE ATCURB LINE ANDTAPER TO e AT SIDEWALK REINFORCE WITH REBAR AND DOWELS INTO PAVEMENT. REINFORCE WITH #6Sk6 WWM OR #3 BAR IS" ON CENTER EACH WAY PV) OR 94 BAR 24" ON CENTER EACH WAY (1/7D QRADIUS (A) RESIDENTIAL 2'TO6 (B) COMMERCIAL 10' TO 1 ® EXPANSION JOINTS - DRIVEWAY APPROACH ®DRIVEWAY RADIUS SHALL BLEND INTO THE CURB. THERE SHALL BE NO SHARP CORNERS ON THE RADIUS: -- -- -- - WIDTH OF LIP TO EQUAL WIDTH OF CURS DEPTH OF LIP MINIMUM 2" NOM. O MINIMUM WIDTH 12' I RESIDENTIAL MAXIMUM WIDTH 25 MINIMUM WIDTH 20' COMMERCIAL MAXIMUM WIDTH 25 (CR7sArmo%marEnx9 DRIVEWAY APPROACH FOP, CONCRETE STREETSW" 5i"ANDARD DRNEWAYAPRON &SIDEWALK C ITY OF 1A PO RTE 604 West FatrmontParkway Planning Deft./Engineering DIv ` La PoAc, i ems 71571 - 281-471-5020 DATE: NOVEMBER 2005 1 DRAWN BY; JR CHECKED BY: RO APPROVED BY; RS I NOT TO SCA1 E DWG. NO.; DW-012 p NOTES: 1. ALL ASPHALT DRIVEWAYS SHOULD BE TIED IN TO THE ADJACENT STREET BY THE OWNER/DEVELOPER. 2. OWNER/DEVELOPER RESIDENTIAL DRIVEWAYS IN CONCRETE SHALL BE CONSTRUCTED 12" FROM THE ADJACENT ASPHALT STREET. THE INSTALLER SHALL CLEAN THE AREA BETWEEN THE DRIVEWAY AND STREET TO A DEPTH OF AT LEAST 6" TO ALLOW THE= CITY TO INSTALL THE ASPHALT TRANSITION. 3. FOR SCHEDULING OF THE DRIVEWAY TIE-IN, PLEASE CONTACT OUR CITY PUBLIC -WORKS DEPT:-AT281-471-9650. SEE TABLES 10 2 AND 102 FOR REMAINING RESIDENTIAL AND COMMERCIAL SPECIFICATIONS DRIVEWAY DETAIL SHEET I I 1 I 1 1 i PAGE z OF z (SEE ALSO DVW012.IMC) MINIMUM CONCRETE DEPTH 4' NOM. REINFORCE WITH *6 hc6 WWM. MINIMUM 2500 PSI CONCRETE. 0 FULL EXPANSION JOINT AT PROPERTY LINE. RADIUS: (A) RESIDENTIAL 2' TO 5'. (INCLUDING ASPHALT) (B) COMMERCIAL 10' TO 15'. (INCLUDING ASPHALT) aSTOP CONCRETE 12" SHORT OF EDGE OF PAVEMENT. CITY PUBLIC WORKS DEPT. WILL LAY DOWN ASPHALT APPROACH APRON. QRESIDENTIAL DRAINAGE CULVERTS TO BE SIZED BY CITY OF LA PORTE EXCEPT ON COUNTY OR STATE ROADS, WHICH WILL REQUIRE_ A STATE OR COUNTY PERMIT. MINIMUM WIDTH 12' RESIDENTIAL MAXIMUM WIDTH 25' MINIMUM WIDTH 20' COMMERCIAL MAXIMUM WIDTH 25' 'IRA$APPROVED 5"PLM ASPHALT STREETS WITH OPEN DITCH CITY OF LA POkTE 6O4W. F*mohtPrkv,ray Y Platting Dept./Ehglnctftg Ply. I -A Porte, Tc)qs 77571 281-4-7E^5020 rzr�s DATE: NOVEMBER 2005 DRAWN BY: ]R CHECKED BY: RO APPROVED BY: R5 NOT TO SCALE IDWG. NO.: DW-013 Municode La Porte, Texas, Code of Ordinances» Subpart B - LAND USE REGULATIONS» Chapter 106 - ZONING » ARTICLE Ill. - DISTRICTS» DIVISION 2. -RESIDENTIAL DISTRICT REGULATIONS» Subdivision VI. - LL. Large Lot District» Subdivision VI. - LL Large Lot District Sec. 106-416. - Special regulations. Secs. 106-417-106-440. - Deserved. Sec. 106-416. - Special regulations. lotsize: 1 Acre inimum lot width: 90 L.F. inimum and setbacks F.R.S.: 25-15-5 flinimum aximum hei ht of rimy structure: 5 feet inimum site area/unit: 1 DU/A aximum lot coverage- 0% (gAccessory buildings: 5,000 S.F. hMaximum height of accessory buildings: 35 feet i ccesso building setbacks: 10' property line 20' other structures Number of accessory buildings: Up to 40% coverage k Placement of accessory buildings: Rear & side yards l Number of animals: Section 106-742 m Detached garage: 6` rear of Pri. Bldg. n) Carports width: Max. 25' front/side yard o Equipment storage: Section 106-741(h) Exterior storage: Section 106-773 Wpping containers: Not allowed r treet openings: s halt/o en ditch (s) lDriveways (12'): First 40' dust free t Driveways 20' : First 20'x20' dust free u Driveways (General): Servicel residence only v Public utilities (water): Tap public ROW onl w Public utilities (sewer).- Tap public ROW only x Fire hydrant (coverage): 500' from residence Fire h drant lacement : Public waterline onl (z) Animal breeding: F1=A Et 4H onditional (Requires SCUP from the �ity) (Ord No. 1501-T4, § 6(Exh. F), 10-24-05) Secs. 106-417---106-440. - Reserved. 8/6/2012 MVnicode La Porte, Texas, Code of Ordinances >> Subpart B - LAND USE REGULATIONS >> Chapter 106 - ZONING >> ARTICLE Ill. - DISTRICTS » DIVISION 3. - COMMERCIAL DISTRICT REGULATIONS » Subdivision I. - Generally >> Subdivision 1. - Generally Sec. 106-441. - Table A. Commercial uses, Sec. 106-442. - Interpretation and enforcement. Sec. 106-443. - Table B, commercial area requirements. Sec. 106-444. - Special use performance standards. Secs. 106-445---106-460. - Reserved. Sec. 106-441. - Table A, Commercial uses. P (ABC) — Permitted uses (subject to designated criteria established in section 106-444). P — Permitted uses. A — Accessory uses (subject to requirements of section 106-741 . C — Conditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-444). * — Not allowed. Uses (SIC Code Zones R NC GC MS All uses P P P1 permitted or/accessory in R-3 zone, except single- family detached and special lot, uplexes, uadruplexes, townhouses, and multifamil Ingle family P3 detached ll conditional C C C uses in R-3 zone Agricultural P P service (076- 78 Amusements C P P 791--799) P P 8/6/2012 Municode Amusement (7993)2 Antique and P P P used merchandise stores 5932 Arrangements P P or passenger transport 472 Arrangement p2 P for shipping and transport 473 Apparel and C P P accessory stores 561-569 Automotive P P dealers and service stations (551, 552, 553, 555-559 Automotive P P repair, services 751-754 Banking (601— P P 605) Building P P construction — General contractors 152-161 Building P P construction — Special trade contractors 171-179 Building P P materials, garden supply (521-523, 526- 527 Business P P services (731, 32 736-738 Business P P services 7359 A, B C, D Civil, social and C C C C fraternal organizations, 8641 Communications P P 481-489 Convenience k P P P stores 5411 Credit agencies P P b11-616 Dog grooming P N P Drugstores 591 P P P 8/6/2012 Municode Eating and C P P drinking places (5813) Eating places C P P P 5812 Electric, gas P P P and sanitary services(491, 923, 493, 494, 952 Engineering, P P P architectural, accounting services (871- 872 Food stores, * P P general (541, 542, 544, 545, 549 Freestanding on prermses signs. See article VII of this chapter Governmental. C P P and public utility buildings (911-922, 9631, 311 Grocery, fruit P P P and vegetable stores (542, 543 Hardware stores P P P 525 Home furnishing P P stores (571-- 573 Hotels and C P4 P4 motels (701, 7032 704 Hospitals, * P C laboratories $06-809 Insurance, real P P P state, legal, Lock and commodity brokers, agents 641-679 Laundry (plants) P 7216-7219 Membership P C organizations 861--869 iniwarehousing C 4225 Misc. retail C P P (592, 593, 5948, 596-599 5399 P P P 8/6/2012 Mttnicode Misc. repair services (762- 764) Misc. shopping C P P P (5941--5947, 5949, 5992- 5994 Misc. shopping C P 5995, 5999 Motion picture P P theaters 7832 Museums, art C P P galleries (841-- 842 Offices for P P P doctors, dentists, etc. 801-805 Passenger P P transportation 411-415 Personal P P P services (7211- 7215 722-729 Recreational C P P P buildings and community enters Reproduction, P P P photography, and cleaning services (733- 34 Repair services P P (7699)(except tank truck cleaning) Retail bakeries P P P 546 Securities and P P insurance (621- 639 Service stations P P 554 Service stations, C P P excluding truck stops 554 Underground P P P pipelines 461 Veterinary P P P services 0742 Video rental P P P and sales shop Parking ramps C P P C and structures C C C 8/6/2012 Municode Commercial PUD (Refer to section 106-636 Outdoor sales as P(C, G) P primary or accessory use Outdoor storage C P(B) P s a primary or accessory use Off -site parking C C C C Off-street C C C C loading Joint parking C C C Drive-in or drive C C C C through facilities as an accessory or principle use Kennels, C C boarding, 0752 Kennels, C C breedin 0279 Unlisted uses, C C C C similar to uses listed above 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. 4Hotels 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) Sec. 106-442. - Interpretation and enforcement. Property uses, except as provided for by section 106-441, Table A, are prohibited and constitute a violation of this chapter. Sec. 106-443. - Table B, commercial area requirements. (a) Table B, Commercial area requirements. Uses Minimum Maximum Minimum Adjacent to Maximum Bldg. Design Landscaping Lot Yard Residential Height Standards$ Required Coverage Setbacks Minimum Yard (feet) 5 F.R.S. Setback 1, 3, 4, 6, 7 F. R. S. 2,6 R-3 uses 6% Density Intensity Regulations Specified in Table B, area (permitted) requirements, section 106.3339 8/6/2012 Municode except residential Ingle -family, detached and special lot, duplexes, uadruplexes, townhouses, and multifamily CR Comm. Recreation Dist.; all permitted or conditional NC 6% 50 0-10-0 20-10-10 N/A9 Neighborhood Comm.; all permitted or conditional GC General 6% 0% 0-10-0 20-20-10 N/A9 100% masonry$ Comm.; all permitted or conditional Outside sales N/A N/A 5-5-5 Same as N/A r services principle use Outside N/A N/A 0-10-5 Same as See section 106 forage principal -444(b) use Freestanding See article VIl of this chapter on -premises signs Freestanding See article VIl of this chapter on -premises signs located in controlled access highway corridors Main Street 6% 60% -20-5 *-0-0 TBD Main Street N/A 80% -20-0 N/A TBD Overlay (b) Footnotes to Table B. 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. Screening is required in conformance with section 106-444(a). All yards adjacent to public right-of-way must be a minimum of ten feet. 8/6/2012 Municode a The minimum setback adjacent to any utility easement shall be three feet. s 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 *Within the Main Street District 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. 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 value, 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; 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. Multiple pre-existing buildings and/or multiple pre-existing businesses on a single site or parcel of land. Existing shopping centers and business parks. iv) Franchise business with an established theme. Maximum allowable height for structures within all commercial zoned properties, (including R-2 and R-3 uses therein) located within 120 feet of R-1 and ILL 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. - Special use performance standards. (a) Required screening. (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. 8/6/2012 Municode (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. 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 count toward the required percentage of landscaping. (b) Outdoorstorage. 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). (2) Storage is screened from view from the public right-of-way in compliance with section 106-444(a). (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 106-521(c), footnote A. (c) Outdoorsaleslservice. 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). (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 106-521(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). (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 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) 8/6/2012 Municode 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. 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 { 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. 8/6/2012 1vlunicode 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 gutters. 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. W Shipping and transport. These facilities shall be limited to office 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) Secs, 106-445-106-460. - Reserved. 8/6/2012 r _ ORDINANCE NO. 904 AN ORDINANCE PRESCRIBING STANDARDS FOR CONCRETE USED IN THE CONSTRUCTION OF DREVEWAYS, SIDEWALKS AND PATIOS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. In cases where concrete is used for driveways, sidewalks and patics,.the concrete shall have a minimum thick- ness of four (4) inches, and shall be reinforced with six (6) gauge 6x6 wire mesh. Section 2. Any person, firm, corporation, association, partnership, turstee, or any agent, servant or employee thereof who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day any violation of this ordinance shall continue shall constitute a separate offense. Section 3. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. Section 4. This ordinance repeals Ordinance No. 897 passed and approved on the 25th day of October, 1971. PASSED AND APPROVED, this the 15th day of November, 1971. CITY OF LA PORTE, TEXAS By H. Carlos Smith, ayor ATT ST: Cit. ' Clerk APPROVED: City Attorney