HomeMy WebLinkAbout08-21-14 Regular Meeting of the Planning and Zoning Commission
City of La Porte Planning and Development Department
Established 1892 Tim Tietjens, Director
CityofLaPorte
PlanningandZoningCommissionAgenda
Noticeisherebygivenofa RegularMeeting oftheLaPortePlanningandZoningCommissionto
beheldon Thursday,August21,2014,at6:00p.m.atCityHallCouncilChambers,604West
FairmontParkway,LaPorte,Texas,regardingtheitemsofbusinessaccordingtotheagenda
listedbelow:
1.Calltoorder.
2.Rollcallofmembers.
3.Considerapprovalofmeetingminutes:June19,2014.
4.PresentationoftheChapter106(Zoning){ǒĬĭƚƒƒźƷƷĻĻƭProposedModificationsto
Chapter106(Zoning)
5.Administrativereports.
6.Commissioncommentsonmatterappearingontheagendaorinquiryofstaffregarding
specificfactualinformationorexistingpolicy.
7.Adjourn.
Aquoru
mofCityCouncilmembersmaybepresentandparticipateindiscussionsduringthismeeting.
However,noactionwillbetakenbytheCouncil.
IncompliancewiththeAmericanswithDisabilitiesAct,TheCityofLaPortewillprovideforreasonable
accommodationsforpersonsattendingpublicmeetings.Tobetterserveattendees,requestsshouldbe
received24hourspriortothemeetings.PleasecontactPatriceFogarty,CitySecretary,at2814705019.
CERTIFICATION
IcertifythatacopyoftheThursday,August21,2014agendaofitemstobeconsideredbythe
PlanningandZoningCommissionwaspostedontheCityHallbulletinboardonthe___dayof
________________,2014.
Title:
CityofLaPorte604W.FairmontParkwayPhone:(281)4715020
PlanningandDevelopmentLaPorte,TX775716215Fax:(281)4705005
www.laportetx.gov
PlanningandZoningCommission
MinutesofJuly17,2014
CommissionersPresent:RichardWarren,HelenLaCour,MarkFollis,LouAnnMartin,Wyatt
Smith,andHalLawler
CommissionersAbsent:PhillipHoot,DorettaFinchandLesBird
CityStaffPresent:CityManagerCorbyAlexander,AssistantCityManagerTraciLeach,
PlanningDirectorTimTietjens,CityPlannerEricEnsey,CityAttorney
KnoxAskins,andPlanningCoordinatorPeggyLee
Calltoorder.
1.
MeetingcalledtoorderbyChairmanHalLawlerat6:12p.m.
RollCallofMembers.
2.
CommissionersWarren,LaCour,Martin,Smith,andLawlerwerepresentforrollcall.
CommissionerFollisarrivedat6:20p.m.
Considerapprovalofmeetingminutes:June19,2014.
3.
MotionbyCommissionerWarrentoapprovetheJune19,2014,meetingminutes.
SecondbyCommissionerLaCour.Motioncarried.
Ayes:CommissionersWarren,LaCour,Martin,Smith,andLawler
Nays:
ConsiderapprovalofaPreliminaryPlatfortheBaysideCrossingsubdivision;asinglefamily
4.
residentialdevelopmentconsistingof73lotson17.2135acreslocatednorthandwestofthe
intersectionofSpencerHighwayandSensRoad(Applicant:BeazerHomes).
CityPlannerEricEnseypresentedthestaffreportonthePreliminaryPlatforBaysideCrossing,a
17.2135acre,73lotsubdivisionlocatednorthandwestofSensRoadandSpencerHighway.
CommissionerWarrenwasconcernedaboutthetrafficimpactanalysisthatwasconductedby
Cobb,Fendley,&Associatesforthedevelopment;inparticular,the6:00to9:00a.m.peakhours
thatwereused.CommissionerWarrenhasroutinelytraveledtheareainquestionandhas
witnessedheavyvehiculartraffic,includingschoolbuses,priorto6:00a.m.
AlbertSyzdek,withCobb,Fendley,&Associates,explainedtheindustrystandardis6:00to9:00
a.m.
PaulGroman,withGromaxDevelopment,explainedhowthetrafficimpactsfromsuchasmall
developmentwouldbeminimaltonone,especiallygiventheupcomingroadwayimprovements
slatedforSensRd.
PlanningandZoningCommission
MinutesofJuly17,2014
Page2of3
MotionbyCommissionerMartintoapprovethePreliminaryPlatfortheBaysideCrossing
subdivision.
SecondbyCommissionerWarren.Motioncarried.
Ayes:CommissionersWarren,LaCour,Follis,Martin,Smith,andLawler
Nays:
ConsiderapprovalofaFinalPlatfortheBaysideCrossingsubdivision;asinglefamilyresidential
5.
developmentconsistingof73lotson17.2135acreslocatednorthandwestoftheintersectionof
SpencerHighwayandSensRoad(Applicant:BeazerHomes).
CityPlannerEricEnseypresentedthestaffreportontheFinalPlatforBaysideCrossing,a
17.2135acre,73lotsubdivisionlocatednorthandwestofSensRoadandSpencerHighway.In
addition,Commissionerswereprovidedasupplementalstaffreport,whichincludedacopyof
theBeazerIƚƒĻƭDevelopmentAgreement.
CommissionerWarreninquiredaboutwhattheannualŷƚƒĻƚǞƓĻƩƭassociationfeeswouldbe.
PaulGromanstatedthefeeshaveyettobedetermined,butsincethesubdivisionissmall,the
budgetwillbetight.
MotionbyCommissionerMartintoapprovetheFinalPlatforBaysideCrossingsubdivision.
SecondbyCommissionerLaCour.Motioncarried.
Ayes:CommissionersWarren,LaCour,Follis,Martin,Smith,andLawler
Nays:
Discussiononsecurityandsurveillancesystemrequirementsforhotel/moteluses.
6.
CityPlannerEricEnseypresentedthestaffreport.DuringtheJune19,2014,meetingdiscussion
onhotel/moteldevelopments,itwasrecommendedthatlanguagebeincludedintheZoning
Ordinancerequiringhotel/motelusestoinstallasurveillancemonitoringsystem.Staffprovided
twooptionstotheCommissionforconsideration.
Ofthetwooptionsprovided,theCommissionselectedOption2,whichrequiresall
hotels/motelstoinstallandoperateasecurityandsurveillancesystemtomonitortheentire
parkinglotareaandallingress/egresspointstothebuilding(s).
UpdateonprogressofChapter106ZoningOrdinanceReview.
7.
CityPlannerEricEnseyprovidedanupdateontheprogressoftheChapter106subcommittee.A
newsectiontotheZoningOrdinanceisbeingproposed:Section106310,TableA,which
outlinescommercialandindustrialuses.Thisnewsectionwouldcontaintheexisting
commerciallandindustriallandusetablescurrentlyfoundinSections106441and106521.
PlanningandZoningCommission
MinutesofJuly17,2014
Page3of3
TheCitycurrentlycategorizeslandusesthroughtheSICcodes,whichhavebecomeobsolete.
ThesubcommitteehasreviewedtheentireNAICSclassificationmanualandincorporatedthose
classificationsintotheproposedtable.ThenewtablewouldalsoincludethenewMixedUse
(MU)District,whichisintendedtoallowforresidentialandlimitedcommercialusesoramixof
residentialandcommercialusesthatarecomplimentarytotheimmediateneighborhood.
AdministrativeReports
8.
Therewerenoadministrativereports.
CommissionCommentsonmattersappearingontheagendaorinquiryofstaffregardingspecific
9.
factualinformationorexistingpolicy.
CommissionersthankedsubcommitteemembersfortheirworkontheZoningOrdinance
review.
CommissionerMartinannouncedtheͻ!ƌğƒƚͼbuildingat5Pointsandthepropertynext
doorisundercontract.Thebuyer,EagleEnergy,willutilizethepropertyasanofficefor
theirbusiness.
ChairmanLawlerrecognizedCityManagerCorbyAlexanderfromtheaudience.Mr.
Alexanderofferedaspecialthankyoutothesubcommitteemembersfortheirservice.
Adjourn
10.
MotionbyCommissionerWarrentoadjourn.SecondbyCommissionerLaCour.Motioncarried.
Ayes:CommissionersWarren,LaCour,Follis,Martin,Smith,andLawler
Nays:
ChairmanLawleradjournedthemeetingat7:35p.m.
Respectfullysubmitted,
PeggyLee
Secretary,PlanningandZoningCommission
PassedandApprovedon________________________,2014.
HalLawler
Chairman,PlanningandZoningCommission
CityofLaPorte,Texas
PlanningandZoningCommission
August21,2014
AGENDAITEM4
Chapter106(Zoning)Revisions:
PresentationoftheChapter106(Zoning){ǒĬĭƚƒƒźƷƷĻĻƭ
ProposedModificationstoChapter106(Zoning)
9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ
tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ
/źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ
PlanningandZoningCommissionRegularMeeting
August21,2014
Chapter106ProposedRevisions
PlanningandDevelopmentDepartment
StaffReport
DISCUSSION
TheChapter106(Zoning)SubcommitteeispresentingtothePlanningandZoning
CommissiontheirproposedrecommendationsformodificationstotheĭźƷǤƭZoning
Ordinance.TheSubcommitteewasformedbythePlanningandZoningCommissionin
January2013,andconsistsofCommissionersMarkFollis(Chair),PhillipHoot,Richard
Warren,andLesBird.PlanningandDevelopmentDepartmentstaffsupportwas
providedtothegroup.
TheattachedExhibitAisthedraftversionofChapter106(Zoning)aspresentedbythe
Subcommittee.TheSubcommitteeispresentingthisdocumenttotheCommissionfor
discussionpurposesatthispointandtopresentthemajormodificationsbeing
proposed.
TheproposedprocedureforapprovalofanymodificationstoChapter106includesthe
followingsteps:
1.PresentationofthedraftdocumenttotheP&Zfordiscussionpurposesand
consensusbytheCommissiontoproceedwithapublichearingonthedocument
onAugust21,2014.
specialmeetingoftheP&ZcouldbeheldinearlySeptemberto
2.Ifneeded,a
finishanydiscussionontheproposedmodifications.(DateTBD)
3.Publichearing,assumingdirectionisgivenbytheP&Ztoholdsuchahearing,
wouldbescheduledfortheregularlyscheduledmeetingoftheCommissionon
Thursday,September18,2014.Staffwasplanningthispublichearingtoalso
includeapublicworkshopintendedtopresenttheproposedmodificationsto
thepublic.TheworkshopwouldbeheldjointlywiththeregularP&Zmeeting.
4.Followingthepublichearing,shouldtheP&Zvotetorecommendapprovalofthe
proposedChapter106(Zoning)modification,thoserecommendationswouldbe
forwardedtotheCityCouncilasanordinanceforconsiderationofadoption.
StaffanticipatesthissteptooccurinOctober.
5.IfCityCouncilapprovestheproposedordinance,thentheChapter106(Zoning)
modificationswouldgointoeffect.
Thefollowingincludesadescriptionofthemodificationsbeingproposed.Staff
attemptedtoprovideinthedescriptionwheretheproposedmodificationsoccurred(ie.
SectionorArticle)forreferencepurposes.Thetableatthebeginningofthestaffreport
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PlanningandZoningCommissionRegularMeeting
August21,2014
Chapter106ProposedRevisions
canbealsousedtomorequicklyfindtheapplicablepageofthemodification.Staff
encouragesdiscussiononanyoftheproposedmodificationsandwilladjust/modifyas
recommendedbytheCommission.
Thoseareashighlightedinyellowindicatenewlanguageaspartoftheproposed
modificationtoChapter106(Zoning).ThestrikeƷŷƩƚǒŭŷƭindicatewherelanguageis
proposedtoberemoved.InthetablesinSection106310(CommercialandIndustrial
Uses)andSection106839(NumberofParkingSpacesRequired)textthatisͻĬƌğĭƉͼ
signifiesnochangeintheusefromtheconversion,textinͻredͼindicatesthatnew
informationwasincludedaspartoftheconversion,andͻblueͼtextindicatesthatthe
informationwasinconflictduringtheconversion.Thisconflictcouldhaveoccurred
becauseoneSICnumberwassplitintotwoormoreNAICSnumbersorcombinedfrom
twoSICnumbers,sotheSubcommitteemademodificationsasappropriate.
GeneralModifications:
1.Forclarificationpurposes,anyreferencetoasectionofthecodewasmodifiedto
includethenameofthevariouscodesectionreferredto.Forexample,thereference
mightbeͻ{Ļĭ͵106БЉЉ͵ͼThesubcommitteeincludedthenameofthatsectionbeing
referredto:ͻ{Ļĭ͵106800Λ\[ğƓķƭĭğƦźƓŭΜ͵ͼThiswasdoneforallcodereferences
throughoutChapter106foreaseofreference.
2.Referencestoͻ{ƚǒƷŷĻƩƓBuildingCodeCongressInternationalΛ{͵.͵/͵/͵L͵Μͼwere
removedandchangedtoͻ/źƷǤCodeofhƩķźƓğƓĭĻƭ͵ͼ
3.TheCityCouncilhadpreviouslyapprovedanordinanceamendingvariousprovisions
concerninggrouphomes.Codificationofthoseregulationswassubmittedafterthelast
update.TheseregulationshavebeenincludedastheywereapprovedbytheCity
CouncilandcanbefoundinArticleII,Division2,SubdivisionI,ResidentialGenerally.
4.AnyreferencetothePlanningDepartmentwasreplacedwithͻtƌğƓƓźƓŭand
5ĻǝĻƌƚƦƒĻƓƷͼasitrelatestothedepartmentnameortitleofthedirector.
Definitions(Section1061):
5.Anumberofdefinitionswereaddedtoaddressdeficienciesinthecodethatpreviously
existed.However,therewereanumberofnewsectionsofthecodethatrequirednew
definitionsincludingthefollowingsections,allofwhichwillbediscussedindepthlater
inthisstaffreport:designstandards,highfrequencytruckroads,visibilitytriangle,and
mixedusedistrict.
BoardofAdjustment(ArticleII,Division2,SubdivisionIII):
6.ModificationsweremadetothetermsofZBOAmemberstobeconsistentwithLGC
mandates.TheLGCmandates2yearterms,whichisactuallyconsistentwiththeĭźƷǤƭ
practice.ThismodificationmakestheĭźƷǤƭpracticeconsistentwithLGCmandates.
Permits(ArticleII,Division4):
7.Section106150,whichaddressesbondingformultifamilydevelopment,wasadopted
bytheCityCouncilbutnevercodified.Thissectionhasbeenincluded.The
Subcommitteeisalsorecommendingacoupleadditionalmodificationstothissection,
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PlanningandZoningCommissionRegularMeeting
August21,2014
Chapter106ProposedRevisions
whichareinredfont.
Firstofall,therehasbeenarequestbymultifamilydeveloperstoallowforotherforms
ofassurancesratherthanbondsorirrevocablelettersofcredit.Languagehasbeen
addedallowingforconsiderationofotherassurancesifapprovedbythePlanningand
ZoningCommission.Thisproposedmodificationhasbeenmadetosubsection(a).
Additionallysubsection(b)wasmodifiedtoclarifythestandardsforwhichthis
assurancecouldbepulled,includingmaintainingͻƷŷĻhealth,safetyandwelfareofthe
tenantsandtheintegrityofthesurroundingƓĻźŭŷĬƚƩŷƚƚķ͵ͼ
SitePlans(ArticleII,Division8):
8.Section106268,Nonconforminglotsofrecord,describesrequirementsforthoselotsof
recordthatarenonconformingandrequirementsforthoselots,includingbringingthose
propertiesintocompliancewiththecode.Thisisoneissuethatstaffpartiallydisagrees
withtherecommendedmodificationsoftheSubcommittee.
Subsection(a)currentlyrequiresanyͻƓĻǞuseorchangeinƚĭĭǒƦğƓĭǤͼbesubjectto
reviewbythePlanningDirectorincludingreviewofparking,loading,vehicularaccess,
landscaping,setbacks,utilityavailability,andotherrequirements.TheSubcommitteeis
recommendingthatthephaseͻƚƩchangeinƚĭĭǒƦğƓĭǤͼbestrickenfromthis
subsection.Thiswouldpreventthecityfromrequiringthosenonconforminglotsof
recordtocomeintocompliancewiththecodeandwouldallowthemtoremain
nonconforminguntilsuchtimeasanewuseisproposedonthesite.Staffissupportive
ofthismodification.
However,staffismoreconcernedwithstrikingouttheworkͻĬǒƷƓƚƷͼfromthelast
sentenceofthefirstparagraphofsubsection(a).Thisprovidesstaffwiththe
opportunitytoincrementallybringnonconformitiesclosertocompliancewiththecode
whenthereisachangeinuseandisnotnecessarilylimitedtothelistofitemsthat
follows.The{ǒĬĭƚƒƒźƷƷĻĻƭrecommendationistostrikeͻĬǒƷƓƚƷͼandreplacewith
ͻğƓķͼͲwhichwouldlimitwhatstaffcouldattempttobringintocompliancewiththe
codewhenanonconforminglotofrecorduseischanged.Staffwouldbelimitedtoonly
thatlistofitems.Staffbelievesthereareothercodeprovisionsthatmightbeapplicable
onacasebycasebasisthatcouldincludeitemssuchassurfacepavingforparkinglots
andotherthingsaswell.
StaffisrecommendingthatthewordsͻĬǒƷƓƚƷͼnotbestrickenfromthedocument.
Section106310,CommercialandIndustrialUsesTable:
9.Asameanstoimproveaccesstoinformationforthosedevelopingbusinesses,the
Subcommitteeisrecommendingcombiningboththecommercialandindustriallanduse
tables(Sections106441and106521,respectively)andrelocatingthemtoanew
Section106310.
Inthecurrentversionofthecode,landusesintheCityofLaPortewerecategorized
throughtheStandardIndustryClassification(SIC)systemandtheindustrynumber
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PlanningandZoningCommissionRegularMeeting
August21,2014
Chapter106ProposedRevisions
assignedtoindividualuses.TheSICwasadoptedin1987andtheUnitedStatesOfficeof
ManagementandBudgethassincetransferredtheindustryclassificationsystemtothe
NorthAmericanIndustryClassificationSystem(NAICS),whichismorecomprehensive,
specifiedandaccuratelyindexescurrentbusinesses.Asaresult,theSIChasbecome
obsolete.TheSubcommitteewentthroughtheentireNAICSclassificationmanualand
incorporatedthoseclassificationsintheproposedtable.TheSubcommitteealso
incorporatedallapplicableͻŅƚƚƷƓƚƷĻƭͼintothenewtable.Inthistable,textthatis
ͻĬƌğĭƉͼsignifiesnochangeintheusefromtheconversion,textinͻredͼindicatesthat
newinformationwasincludedaspartoftheconversion,andͻblueͼtextindicatesthat
theinformationwasinconflictduringtheconversion.Thisconflictcouldhaveoccurred
becauseoneSICnumberwassplitintotwoormoreNAICSnumbersorcombinedfrom
twoSICnumbers,sothoseuseswerecategorizedaccordingly.
Ofnoteforthisdiscussion,thetableincludestheproposedMU,MixedUseDistrict.A
morecompletedescriptionofthisdistrictwillbeaddressedlaterinthisstaffreport.The
106SubcommitteehasidentifiedthoseNAICSusestheyrecommendincludingaspartof
theMUDistrict,includingsinglefamilyresidentialandlimitedcommercialuses.
10.AtthedirectionoftheCityCouncil,thePlanningandZoningCommissionhasreviewed
possiblemodificationstotheĭźƷǤƭregulationsconcerninghotel/moteldevelopment.
TheproposedmodificationshavebeenincludedinFootnote12oftheCommercialand
IndustrialUsesTable(Section106310).Thefollowingisalistofthe/ƚƒƒźƭƭźƚƓƭ
recommendationsbasedonthediscussion:
TheCommissionexpressedconcernwithimposingdistancerequirementsbetween
hotel/moteldevelopmentsashotels/motelsproviderevenuetotheCityandalso
encouragesupportusesaroundthem,includingrestaurants.
ProtectionofresidentialwastheprimarygoalexpressedbytheCommission.The
CommissiondiscussedmodifyingFootnote4fromͻğķƆğĭĻƓƷƷƚͼtoͻǞźƷŷźƓ250
ŅĻĻƷ͵ͼThiswouldrequireanyhotel/moteldevelopmentswithin250feetofany
residentiallyzonedpropertytobereviewedasaconditionaluse,therebyrequiring
publichearingsbeforethePlanningandZoningCommissionandCityCouncil.
BecauseusesintheGCzonedistrictareallowedinindustrialzonedistricts,ensure
thatthesameresidentialproximityandconditionaluserequirementberequiredfor
hotels/motelsthatmaydevelopwithinindustrialdistricts.
Requiringallhotels/motelstoinstallasecurityandsurveillancesystemtomonitor
theparkinglotareaandingressandegresspointtothebuilding.Suchsystemwould
assistthepolicedepartmentintheeventofcriminalactivityatahotelormotel.This
requirementcouldbeaddedasanoteonasitedevelopmentplanassociatedwith
newconstruction.
Section106311,Visibilitytriangle:
11.Thissectionwasestablishedtoconsolidateallregulationspertainingtovisibility
trianglesintoonesectionandunderonecommonname.Additionallyanewdefinition
wasaddedtothe1061,Definitions.ThecurrentversionoftheZoningOrdinancehas
referencestovisibilitytrianglesscatteredthroughoutthecodethatcontaineddifferent
requirements,whichatsometimeconflicted.Referencestovisibilitytrianglesinsections
ofthecodesuchassignageandlandscapinghavebeenrevisedtorefertothissection.
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PlanningandZoningCommissionRegularMeeting
August21,2014
Chapter106ProposedRevisions
Section106333,TableB,residentialarearequirements:
12.Footnote5ofthetablehasbeenmodifiedtorequirea5footsetbackonresidential
propertieswhenthesideyardisadjacenttoalocalstreetanda10footsetbackwhen
thesideyardisadjacenttoafreeway,arterialorcollector.
Section106334,Specialuseperformancestandardsforresidential:
13.Subsection(a)referstothescreeningrequirementsestablishedinSection106444(a).
Thetriggersforlandscapingscreeningforresidentialdevelopmentwasnotaltered.
14.TherequirementsforgroupcarefacilitiespreviouslyapprovedbyCityCouncilandnot
codifiedwereincludedassubsection(j)and(k).
Section106441,Commercialusestable.
1.Thetable,includingfootnotes,hasbeenremovedandcombinedwiththeindustrialuses
andmovedtoSection106310.
Section106443,CommercialAreaRequirementsTable:
15.IntheGC,GeneralCommercial,District,theSubcommitteeisproposingmodificationsto
theminimumlandscapingrequirementsbasedonthesizeofdevelopment.Larger
developmentswouldberequiredtoprovidemorelandscapingonstreetfronts,
includingalargerlandscapestripalongthefrontage.
16.TheͻЊЉЉіMasonrywĻƨǒźƩĻƒĻƓƷƭͼhavebeenreplacedwithanewsectionofthecode
thataddressesdesignguidelines(ArticleIX).Thespecificsofthisproposedsectionwill
bediscussedingreaterdetaillaterinthisreport.
17.RequirementswereincludedfortheproposedMixedUse(MU)District,including
setbacks,height,landscaping,designrequirements,etc.Therequirementsforsingle
familyresidentialwerebasedonthoseintheR1District.Thecommercialand/ormixed
residentialandcommercialrequirementsaresimilartothoseoftheMainStreetDistrict,
howeverafrontsetbackisrequiredintheMUDistrict.
Section106444,CommercialPerformanceStandards:
18.TheSubcommitteeisproposingmodificationstothescreeningrequirements
(subsection(a))thatareintendedtosimplifythoserequirements.Thescreening
requirementsaretriggeredwhencommercial,industrialorotherintenseusesare
constructedadjacenttoresidential.Adeveloperisgiventwodifferentoptionsfor
screening:1)alandscapedhedgerowwithtrees;and2)asolidwoodormasonryfence
withtrees.
19.Theovernightboardingofanimals(subsection(h))wasrelocatedtothefootnotesof
Section106310.
MainStreetDistrictWithOverlay(ArticleIII,Division3,SubdivisionV):
20.CertainspecialuserequirementswereaddedtoSection106511(Permitted,accessory,
andspecialconditionaluses),includingprohibitingoutdoorstoragebetweenOld146
andVirginiaandestablishingamaximumsquarefootageperfloorof5,000.The
provisionslimitingsinglefamilyresidentialtotheMainStreetDistrictandnotinthe
OverlayaswellasallowingresidentialintheOverlayonlyabovethefirstfloor,were
relocatedtothissectionforconsistency.
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PlanningandZoningCommissionRegularMeeting
August21,2014
Chapter106ProposedRevisions
21.InSection106513,Specialregulationsandprocedures,thesignagelanguagewas
movedtothesigncode.
MixedUseDistrict(ArticleIII,Division3,SubdivisionVI):
22.Thisisanewsubdivision.ThisMixedUseDistrictisbeingproposedatthedirectionof
thePlanningandZoningCommissionandbasedontheĭźƷǤƭComprehensivePlan.The
partofthecommunitywherethisdistrictinintendedtobeapplicablefollowingacity
initiatedrezoningarethecirclesnearSylvanBeachcurrentlyzonedNC,Neighborhood
CommercialDistrict.TheMUDistrictisintendedtoallowforresidentialandlimited
commercialusesoramixofresidentialandcommercialusesscaledinsuchamanneras
tocomplementtheimmediateneighborhoodanditsresidentialcharacter.Theproposal
includesallowingsinglefamilyresidentialdevelopment.ShouldtheMUDistrictbe
approved,staffwillbegintheprocessofrezoningthoselotswithinthecircleareas.
Section106521,IndustrialUses:
23.Thetable,includingfootnotes,hasbeenremovedandcombinedwiththecommercial
usesandmovedtoSection106310.
Section106522.TableA,Industrialarearequirements:
24.SimilartotheGC,GeneralCommercial,District,theSubcommitteeisproposing
modificationstotheminimumlandscapingrequirementsbasedonthesizeof
developmentforallindustrialzonedistricts.Largerdevelopmentswouldberequiredto
providemorelandscapingonstreetfronts,includingalargerlandscapestripalongthe
frontage.
25.TheͻЊЉЉіMasonrywĻƨǒźƩĻƒĻƓƷƭͼhavebeenreplacedwithanewsectionofthecode
thataddressesdesignguidelines(ArticleIX).Thespecificsofthisproposedsectionwill
bediscussedingreaterdetaillaterinthisreport.TheseareonlyrequiredintheBusiness
Industrial(BI)District.
26.ThesetbacksfortheBIDistricthavebeenmodified,asinpracticetheyarefartoo
restrictiveforthesizeoflotsintheBIDistrict.Theproposedsetbacksareconsistent
withthoseoftheLightIndustrial(LI)District.
27.Footnote9referstothescreeningrequirementsinSection106444(a).
Section106523.Industrialperformancestandards:
28.Subsection(g),relatingtoregulationsforsexuallyorientedbusinesses,wasmodifiedto
requiremorestrictdistancemeasurementsforthelocationsof{͵h͵.͵ƭ͵
Section106746,Locationofheavytruckuses:
29.Thissectionwasestablishedtoreplacetherequirementsfortruckterminals.The
provisionsofthissectionallowforlandusedecisionsfortruckusesbasedonaHeavy
TruckUseMap,whichwillbeestablishediftheseproposedrequirementsare
implemented.
ThissectionestablishesthatcertainheavytruckusesgeneratedfromNAICSuses
484110,484121,484220,484230and493shallonlybelocatedwithinproperties
directlyadjacenttotherightofwayofdesignatedHighFrequencyTruckRoads,
providedthoseusescomplywiththeunderlyingzoning.Heavytruckisdefinedin
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PlanningandZoningCommissionRegularMeeting
August21,2014
Chapter106ProposedRevisions
Section1061as anymotorvehicleortowedvehiclewithagrossvehicleweightrating
(GVWR),RegisteredGrossVehicleWeight(RGVW),oranactualweight,whicheveris
greater,of26,001lbs.ormoreoranycombinationofvehicleswherethegrosscombined
weightrating,totalregisteredgrossvehicleweightortheactualweightofthe
combinationis26,001lbs.ormore.Further,HighFrequencyTruckRoadisdefined asa
roaddesignatedbythecityintendedtoaccommodatetheheavytruckusesreferencedin
section106746(Locationofheavytruckuses).
Inotherwords,thissectionsrequirestheestablishmentofaHeavyTruckUseMapto
accommodatethoseusesdefinedasheavytruckuses.Thismapisdifferentthanthe
ĭźƷǤƭOfficialTruckRoutemapandwillbeusedasazoningtoolintendedtoidentify
thosepropertieswherecertainheavytruckusesmaylocate.
Section106752,Dumpsterenclosures:
30.ThissectionwasaddedtoincorporatetheĭźƷǤƭrequirementsfordumpsterenclosures,
whichhadbeenenforcedasapolicy.Whenapropertyownerdesirestheinstallationof
adumpster,thentheprovisionsofthissectionapply,whichrequirefullscreeningofthe
dumpster.
Section106800,Landscaping:
31.Subsection(a)wasmodifiedtonotrequiringperimeterlandscapingintheMainStreet
DistrictOverlay.
32.Subsection(c)wasmodifiedtoreferencethescreeningrequirementsofSection106
444(a)whenadjacenttoresidentialaswellasreferringtothevisibilitytriangle
requirementsinSection106311(Visibilitytriangle).
33.Subsection(c.4)referringtoirrigationoflandscapingwasamendedinreferencetothe
ĭźƷǤƭrequirementofanirrigationsystemforlandscaping.Asproposed,forlotsgreater
thanoneacreaprogrammableautomaticirrigationsystemisrequired.Onthoselots
oneacreorless,inlieuofaprogrammableautomaticirrigationsystem,aprogrammable
hosebibsystemmaybeutilizedwhenplantmaterialiswithin100feetofthehosebib.
Anexceptionfromtheirrigationsystemrequirementsisbeingproposedwiththeuseof
xericplantmaterials.Theproposalincludesamanualirrigationrequirementfora
minimumof6weeksafterplanting,forestablishmentoftheplants.
Section106801,Treepreservation:
34.Modificationsareproposedtoaddressthehealthofatree.Inpractice,staffhasnot
requireddiseasedordamagedtreestobepreserved.Theproposedmodifications
formerlyadoptthatpracticebyallowingdiseasedtreesnotbeconsideredqualitytrees.
Section106803,Treefund:
35.Theproposedmodificationsreducethevalueoftreereplacementfrom$100to$50per
caliperinchwhenpayingthetreefund.Additionally,maximumamountrequirementare
proposedforpaymentintothetreefund:maximum$5,000peracre(orfraction
thereof)withamaximumtotalpaymentof$100,000.
Section106805,Visibilitytriangles:
7
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August21,2014
Chapter106ProposedRevisions
36.ThissectionhasbeenstrickenfromhereandrelocatedtoSection106311andall
referencestothissectionweremodified.
Section106835,Parkingdesignstandards:
37.TheSubcommitteeisproposingmodificationstoFigures102and103asitrelatesto
drivewaywidthsandcurbreturnradius.StaffusedcomparisonstoHarrisCounty,Cityof
HoustonandTxDOTasameansofcomparison.
a.Inresidential,thecurbreturnradiuswasfairlyrestrictive,especiallyforthose
propertiesonlargerlotsandonhightrafficvolumestreets.Theproposalisfor
ЌminimumtoЊЎmaximumcurbreturnradiusinFigure102.
b.InFigure103,theproposalistoincreasethedrivewaywidthtoЌЎandaddan
allowanceforamaximumdrivewaywidthofЍЎwhenadjacenttoastreetthat
is55MPHorgreaterincommercialandamaximumЎЉdrivewayinindustrial
districts.AlsoproposedisincreasingthecurbreturnradiustoamaximumofЋЎ
forcommercialandЌЉforindustrial.
Section106837,Parkinglocation:
38.Anexclusionisproposedallowingforfrontyard,unpavedsurfaceparkinginLargeLot
District.
Section106839,Numberofparkingspacesrequired:
39.ThesubcommitteerevisedthetabletoincorporateparkingbasedontheNAICSuse
categories.Althoughmostusesretainedtheparkingratiospreviouslyapplied,thereare
somemodificationstotheparkingratioproposedforsomeuses.Thesechangesare
beingproposedduetoexcessiveparkingrequirementsinsomesituations.Theredtext
representsthosemodifications.Blacktextindicatesnochange.Bluetextdemonstrates
anewusecategorythatwaseitherderivedfromonepreviousSICcodeoranewuse
altogetherandwherestaffutilizedasimilarusetodeterminetheparkingrequirement.
40.Twofootnoteswereaddedtothebottomofthetablethatareapplicabletoalluses.The
firstrequiresthatproductinventorycannotutilizerequiredparkingpertheprovisionsof
thissection.Theotherfootnotestatesthattheparkingrequirementsofthissection
mustbeaccommodatedonsiteandmaynotincludestreetparking,withtheexception
ofusesintheMainStreetDistrictwithOverlayandMixedUseDistrict.
Section106874,Onpremisessigns:
41.OnpremisesignagerequirementswereestablishedfortheproposedMixedUseDistrict
insubsection(b.5).
42.InSubsection(a.4),theSubcommitteeisrecommendingstrikingouttheprovisionsfor
freestandingsignsintheMainStreetDistrict.Thereasonforthisrecommendationis
becausethedesiredsigninthedistrictshouldbebuildingmountedbecausethe
proposeddesignguidelinesrequirenewbuildingswithintheMainStreetOverlaybe
builtuptothefrontpropertyline.
Staffrecommendsthatlanguagebeincludedallowingforfreestandingsignswithinthe
MainStreetDistrictandintheMainStreetOverlayDistrictwhenthebuildingisexisting
andissetbackfromthefrontpropertyline.Newdevelopmentwouldnotbealloweda
freestandingsignandinsteadwouldberequiredtomountanyproposedsignageonthe
8
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Chapter106ProposedRevisions
building.Therationaleforthisisthatthereareexistingbuildingsthatarenotbuiltupto
thefrontpropertylineandaresetbackonthesite.Stafffindsthatitisreasonablefor
thesebuildingtohaveafreestandingsignalongthestreet.Additionally,propertiesnot
intheOverlayareallowedtobesetbackandthereforeshouldhaveallowancesfor
freestandingsigns.Thewaythissubsectionwasdraftedwasdesignedtoencourage
moremonumentstylesignsasopposedtotraditionalpolesignsinordertobeless
intrusivetothecharacterofthedistrict.
ArticleIX,Designguidelines:
43.TheSubcommitteeisrecommendingthatalldesignguidelinesandstandardsbe
relocatedtothissection.ThiswouldreplacetheͻЊЉЉіağƭƚƓƩǤͼrequirementsinthe
previousversionofthecode.Thisproposedarticleisbrokendownintothree
subdivisions:DesignGuidelinesforGC,NCandBIDistricts,DesignGuidelineforMixed
Use(MU)District,andDesignGuidelinesfortheMainStreet(MS)andMainStreet
Overlay(MSO)District.
44.DesignGuidelinesforGC,NCandBIDistricts
a.Theproposeddesignguidelinesestablisha3tiersystemofdesignrequirements
basedonthestreet.Tier1includesthoseGCDistrictpropertiesfrontingon
Highway146.Therearemoredesignrequirementsforpropertiescategorizedas
Tier1propertiesastheHighway146corridoristhegatewayretailcorridorfor
thecity.Tier2includesSpencerHighway,FairmontParkway,andSouth
BroadwayStreet(OldHighway146),WestMainStreet.Tier2isastepdown
fromtherequirementofTier1.Tier3includesBarboursCutBoulevard,North
BroadwayStreet(OldHighway146),UnderwoodRoad,BayAreaBoulevard,
SensRoad,CanadaRoad,EastMainStreetandHighway225;includingall
propertieszonedBIonsaidroads.
b.Therearerequirementsforbuildingform,buildingarticulation(whichincludes
varyingthefaçadeofabuildingbothverticallyandhorizontallydependingon
thetier),roofs,designelements,andfaçadematerials.
c.Thesedesignrequirementsareasignificantstepincontinuingtoimprovethe
appearanceandqualityofbuildingwithinthecity.Therequirementsofthis
chapteraresignificant,butaccordingtotheSubcommitteearenotexcessiveor
overlyrestrictive.
45.DesignGuidelinesfortheMUDistrict
a.Architecturaldesignguidelinesareproposedforcommercialormixeduse
developmentthatmaytakeplaceinthisdistrict.Theserequirementsinclude
façadematerialsandbuildingcolors.Singlefamilyresidentialisexcludedfrom
theseguidelines.
46.DesignGuidelinesforMSandMSODistrict
a.ThesedesignguidelinesareintendedtohelppropertyownersandtheMain
StreetDesignAssistanceReviewteamandwasdevelopedbytheteam.The
intentistoprotectthehistoricalcharacteroftheMainStreetarea.
b.Therearerequirementsforsetbacksandheight,massing,roofforms,façade
materials,andfaçadecharacteristics.
c.TheSubcommitteealsorecommendssomeredevelopmentprinciplesforsingle
familydwellings.Staffrecommendsthattheserecommendationsnotbe
codifiedastheyaredifficulttoenforce.ShouldtheCommissionliketoexplore
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Chapter106ProposedRevisions
thepossibilityofsomedesignguidelinesforsinglefamilydwellings,staff
recommendsthatdiscussionstakeplacewithpropertyownersintheDistrictto
developavisionoftheareaanddesignstandardsthattheycouldsupport.
ATTACHMENTS
ExhibitA:ProposedChapter106(Zoning)
10
EXHIBITA
ProposedDraftVersionof
Chapter106(Zoning)
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)
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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
(SEC.216218)40
DIVISION7.CONDITIONALUSEPERMITS
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)96
DIVISION4.INDUSTRIALDISTRICTREGULATIONS(SEC.521523)115
ARTICLEIV.PLANNEDUNITDEVELOPMENTS132
DIVISION1.GENERALLY133
DIVISION2.ADMINISTRATION134
DIVISION3.DISTRICTREGULATIONS137
DIVISION4.REQUIREMENTS140
ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS146
DIVISION1.GENERALLY147
DIVISION2.ACCESSORYBUILDINGS,USESANDEQUIPMENT(SEC.741752)145
DIVISION3.AREAREQUIREMENTS(SEC.771773)155
DIVISION4.FENCINGANDLANDSCAPINGREQUIREMENTS(SEC.789805)157
ARTICLEVI.OFFSTREETPARKING166
Sec.106831.Purpose.166
Sec.106832.Applicationoftheseregulationstoallzoningdistricts;
exceptionforMainStreetoverlaydistrict.166
Sec.106833.Siteplandrawing.167
Sec.106834.Generalprovisions.167
3).168
Sec.106835.Designstandards(alsoseeFigures101,102and10
Sec.106836.Maintenance.173
Sec.106837.Location.173
Sec.106838.Useofrequiredarea.173
Sec.106839.Numberofspacesrequired.174
Sec.106840.Offstreetloadingrequirements.180
ARTICLEVII.SIGNS182
Sec.106871.Generalprovisions.182
Sec.106872.Portablesigns.183
Sec.106873.Politicalsigns.183
Sec.106874.Onpremisessigns.184
Sec.106875.Offpremisessigns.187
Sec.106876.Subdivisionmarketingsigns.188
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Sec.106877.Temporarysigns.188
Sec.106878.Permits.190
Sec.106879.Enforcement.191
ARTICLEVIII.TELECOMMUNICATIONSTOWERSANDFACILITIES192
Sec.106890.Definitions.192
Sec.106891.Purpose.193
Sec.106892.Developmentoftowers.194
Sec.106893.Setbacks.195
Sec.106894.Structuralrequirements.196
Sec.106895.Separationofbufferrequirements.196
Sec.106896.Methodofdeterminingtowerheight.196
Sec.106897.Illumination.196
Sec.106898.Exteriorfinish.197
Sec.106899.Landscaping.197
Sec.106900.Access.197
Sec.106901.Stealthdesign.197
Sec.106902.Telecommunicationsfacilitiesonantennasupportstructures.197
Sec.106903.Modificationoftowers.198
Sec.106904.Certificationsandinspections.198
Sec.106905.Maintenance.199
Sec.106906.Criteriaforsiteplandevelopmentmodifications.199
Sec.106907.Abandonment.200
ARTICLEIX.DESIGNGUIDELINES202
DIVISION1.DESIGNGUIDELINESFORNC,GCANDBIDISTRICTS202
DIVISION2.ΑDESIGNGUIDELINESFORMUDISTRICT206
DIVISION3.ΑDESIGNGUIDELINESFORMSANDMSODISTRICTS208
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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(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.
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.
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
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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.
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.
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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.
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).
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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.
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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.
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\[2\]
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)
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DIVISION1.GENERALLY
DIVISION 1. GENERALLY
Secs. 106-31Ï106-45. Reserved.
Secs. 106-31—106-45. Reserved.
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DIVISION 2. BOARDS AND COMMISSIONS
Subdivision I. - Generally
Subdivision II. - Planning and Zoning Commission
Subdivision III. - Board of Adjustment
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SubdivisionI.Generally
Subdivision I. Generally
Secs. 106-46Ï106-60. Reserved.
Secs. 106-46—106-60. Reserved.
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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)
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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
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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.
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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)
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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.
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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.
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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)
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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(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.
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(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.
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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):
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5
--- () ---
Editor's note—
See also section 106-89 for additional rules for hearings in front of the zoning board of
adjustment. (Back)
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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.
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(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.
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\[6\]
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)
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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)
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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.
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(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. Clark Î state law conflict?
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(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
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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
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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
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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
which the lot is located. No new use or change in occupancy may be undertaken on nonconforming
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
ordinance, 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
parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirements
as imposed by this division.
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 a violation of this chapter and punishable here under. City
Attorney ask what and where.
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
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
33
Artisanshopswitharetailcomponent1,000sqftPP
max
33
Artisanshopswitharetailcomponent2,500sqftPPC
max
OfficesonlyforanyusecodePPPPP
1
Allusespermittedor/accessoryinR3zone,exceptPPPP
singlefamilydetachedandspeciallot,duplexes,
quadruplexes,townhouses,andmultifamily
2
SinglefamilydetachedPP
AllConditionalusesinR3zoneCCCC
11Agriculture,Forestry,Fishing&Hunting**
21Mining**
22Utilities**
23Construction
236ConstructionofBuildingsPPPPP
237HeavyandCivilEngineeringConstructionPPP
2381Foundation,Structure,andBuildingExteriorPPPPP
Contractors
2382BuildingEquipmentContractors
2383BuildingFinishingContractors
238910SitePreparationContractorsCPPP
238990AllOtherSpecialtyTradeContractorsCPPP
3133Manufacturing
3111AnimalFoodManufacturingCP
3112GrainandOilseedMilling
3113SugarandConfectioneryProductManufacturing
3114FruitandVegetablePreservingandSpecialtyFood
Manufacturing
3115DairyProductManufacturing
3116AnimalSlaughteringandProcessingCC
3117SeafoodProductPreparationandPackaging
311811RetailBakeriesPPPPPPP
3118BakeriesandTortillaManufacturingCP
3119OtherFoodManufacturing
31211SoftdrinkandIceManufacturingCP
31212BreweriesCCCCCCP
31213Wineries
31214Distilleries
312230TobaccoManufacturingCP
313TextileMills PPP
314TextileProductMillsPPP
315ApparelManufacturingPPP
316110LeatherandHideTanningandFinishingC
LaPorte,Texas,CodeofOrdinancesPage57
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.ΑDISTRICTS
DIVISION1.GENERALLY
2012
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
3162FootwearManufacturingCPP
3169OtherLeatherandAlliedProductManufacturing
321WoodProductManufacturing**
3221Pulp,Paper,andPaperboardMills**
322211CorrugatedandSolidFiberBoxManufacturingCP
322212FoldingPaperboardBoxManufacturingCP
322219OtherPaperboardContainerManufacturingPPP
32222PaperBagandCoatedandTreatedPaperCP
Manufacturing
323111CommercialPrinting(exceptScreenandBooks)PPP
323113CommercialScreenPrintingPPPPP
323117BooksPrintingPPPPP
323120SupportActivitiesforPrintingPPP
324PetroleumandCoalProductsManufacturing**
325ChemicalManufacturing**
326PlasticandRubberProductsManufacturingCCP
327110Pottery,Ceramics,andPlumbingFixtureCCP
Manufacturing
32712ClayBuildingMaterialandRefractoriesP
Manufacturing
3272GlassandGlassProductManufacturing
3273CementandConcreteProductManufacturing
3274LimeandGypsumProductManufacturing
3279OtherNonmetallicMineralProductManufacturing
331PrimaryMetalManufacturingP
3321ForgingandStampingPP
3322CutleryandHandtoolManufacturingPPP
3323ArchitecturalandStructuralMetalsManufacturing
3324Boiler,Tank,andShippingContainerManufacturing
3325HardwareManufacturing
3326SpringandWireProductManufacturing
3327TurnedProductandScrew,Nut,andBolt
Manufacturing
332811MetalHeatTreatingCPP
332812MetalCoating,Engraving(exceptJewelryandPP
Silverware),andAllied
ServicestoManufacturers
332813Electroplating,Plating,Polishing,Anodizing,andPPP
Coloring
332911IndustrialValveManufacturingPP
332912FluidPowerValveandHoseFittingManufacturingPP
332913PlumbingFixtureFittingandTrimManufacturingPPP
332919OtherMetalValveandPipeFittingManufacturingPPP
332991BallandRollerBearingManufacturingPP
LaPorte,Texas,CodeofOrdinancesPage58
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.ΑDISTRICTS
DIVISION1.GENERALLY
2012
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
332992SmallArmsAmmunitionManufacturingP
332993Ammunition(exceptSmallArms)ManufacturingP
332994SmallArms,Ordnance,andOrdnanceAccessoriesC
Manufacturing
332996FabricatedPipeandPipeFittingManufacturingPP
332999AllOtherMiscellaneousFabricatedMetalProductPPP
Manufacturing
3331Agriculture,Construction,andMiningMachineryPP
Manufacturing
333241FoodProductMachineryManufacturing
333242SemiconductorMachineryManufacturing
333243Sawmill,Woodworking,andPaperMachinery
Manufacturing
333244PaintingMachineryandEquipmentManufacturing
333249OtherIndustrialMachineryManufacturingPPP
3333CommercialandServiceIndustryMachinery
Manufacturing
333413IndustrialandCommercialFanandBlowerandAirPP
PurificationEquipmentManufacturing
333414HeatingEquipment(exceptWarmAirFurnaces)PPP
Manufacturing
333415AirConditioningandWarmAirHeatingEquipmentPPP
andCommercialandIndustrialRefrigeration
EquipmentManufacturing
3335MetalworkingMachineryManufacturingPP
333611TurbineandTurbineGeneratorSetUnits
Manufacturing
333612SpeedChanger,IndustrialHighSpeedDrive,and
GearManufacturing
333613MechanicalPowerTransmissionEquipment
Manufacturing
333618OtherEngineEquipmentManufacturingPPP
333911PumpandPumpingEquipmentPP
Manufacturing
333912AirandGasCompressorManufacturingPP
333913MeasuringandDispensingPumpPPP
Manufacturing
333921ElevatorandMovingStairwayManufacturingPP
333922ConveyorandConveyingEquipmentManufacturingPP
333923OverheadTravelingCrane,Hoist,andMonorailPPP
SystemManufacturing
333924IndustrialTruck,Tractor,Trailer,andStackerPP
MachineryManufacturing
333991PowerDrivenHandtoolManufacturingPP
LaPorte,Texas,CodeofOrdinancesPage59
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.ΑDISTRICTS
DIVISION1.GENERALLY
2012
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
333992WeldingandSolderingEquipmentManufacturingPPP
333993PackagingMachineryManufacturingPP
333994IndustrialProcessFurnaceandOvenManufacturingPPP
333995FluidPowerCylinderandActuatorManufacturingPP
333996FluidPowerPumpandMotorManufacturingPPP
333997ScaleandBalanceManufacturing
333999AllOtherMiscellaneousGeneralPurposeMachinery
Manufacturing
3341ComputerandPeripheralEquipmentManufacturingPP
3342CommunicationsEquipmentManufacturing
3343AudioandVideoEquipmentManufacturing
3344SemiconductorandOtherElectronicComponent
Manufacturing
3345Navigation,Measuring,Electromedical,andControl
InstrumentsManufacturing
3346ManufacturingandReproducingMagneticand
OpticalMediaPPP
3351ElectricLightingEquipmentManufacturing
3352HouseholdApplianceManufacturing
3353ElectricalEquipmentManufacturingPPP
33591BatteryManufacturing
33592CommunicationandEnergyWireandCable
ManufacturingPP
33593WiringDeviceManufacturing
33599AllOtherElectricalEquipmentandComponent
ManufacturingPPP
3361MotorVehicleManufacturing
3362MotorVehicleBodyandTrailerManufacturingPP
336310MotorVehicleGasolineEngineandEngineParts
ManufacturingPPP
336320MotorVehicleElectricalandElectronicEquipment
ManufacturingPPP
33633MotorVehicleSteeringandSuspensionComponents
(exceptSpring)Manufacturing
33634MotorVehicleBrakeSystemManufacturing
33635MotorVehicleTransmissionandPowerTrainParts
ManufacturingPP
33636MotorVehicleSeatingandInteriorTrim
ManufacturingPPP
33637MotorVehicleMetalStampingPP
33639OtherMotorVehiclePartsManufacturingPPP
3364AerospaceProductandPartsManufacturing
3365RailroadRollingStockManufacturingPP
336611ShipBuildingandRepairingP
LaPorte,Texas,CodeofOrdinancesPage60
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.ΑDISTRICTS
DIVISION1.GENERALLY
2012
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
336612BoatBuildingCPPP
336991Motorcycle,Bicycle,andPartsManufacturingPPP
336992MilitaryArmoredVehicle,Tank,andTankPP
ComponentManufacturing
336999AllOtherTransportationEquipmentManufacturingPP
33
337110WoodKitchenCabinetandCountertopPPPPP
Manufacturing
33
337121UpholsteredHouseholdFurniturePPPPP
Manufacturing
33
337122NonupholsteredWoodHouseholdFurniturePPPPP
Manufacturing
3371HouseholdandInstitutionalFurnitureandKitchenPPP
CabinetManufacturing
3372OfficeFurniture(includingFixtures)Manufacturing
3379OtherFurnitureRelatedProductManufacturing
339MiscellaneousManufacturingPPP
42WholesaleTrade
4231MotorVehicleandMotorVehiclePartsandSuppliesPPP
MerchantWholesalers
4232FurnitureandHomeFurnishingMerchant
Wholesalers
4233LumberandOtherConstructionMaterialsMerchant
Wholesalers
4234ProfessionalandCommercialEquipmentand
SuppliesMerchantWholesalers
42351MetalServiceCentersandOtherMetalMerchant
Wholesalers
42352CoalandOtherMineralMerchantWholesalersP
4236HouseholdAppliancesandElectricalandElectronicPPP
GoodsMerchantWholesalers
4237Hardware,andPlumbingandHeatingEquipment
andSuppliesWholesalers
4238Machinery,Equipment,andSuppliesMerchantCP
Wholesalers
423910SportingandRecreationalGoodsandSuppliesCPPP
MerchantWholesalers
444
423920ToyandHobbyGoodsandSuppliesMerchantCPPP
Wholesalers
423930RecyclableMaterialMerchantP
Wholesalers
423940Jewelry,Watch,PreciousStone,andPreciousMetalPPP
MerchantWholesalers
LaPorte,Texas,CodeofOrdinancesPage61
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.ΑDISTRICTS
DIVISION1.GENERALLY
2012
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
423990OtherMiscellaneousDurableGoodsMerchantPPP
Wholesalers
4241PaperandPaperProductMerchantWholesalersPPP
4242Drugsand5ƩǒŭŭźƭƷƭSundriesMerchant
Wholesalers
4243Apparel,PieceGoods,andNotionsMerchant
Wholesalers
4244GroceryandRelatedProductMerchantWholesalers
4245FarmProductRawMaterialMerchantWholesalersPP
424610PlasticsMaterialsandBasicFormsandShapesPPP
MerchantWholesalers
424690OtherChemicalandAlliedProductsMerchantPPP
Wholesalers
424710PetroleumBulkStationsandTerminalsC
424720PetroleumandPetroleumProductsMerchantCPP
Wholesalers(exceptBulkStationsandTerminals)
424810BeerandAleMerchantWholesalersPPP
424820WineandDistilledAlcoholicBeverageMerchantPPP
Wholesalers
424910FarmSuppliesMerchantWholesalersCP
42492Book,Periodical,andNewspaperMerchantCPP
Wholesalers
42493Flower,NurseryStock,andCƌƚƩźƭƷƭSupplies
MerchantWholesalers
42495Paint,Varnish,andSuppliesMerchantWholesalers
OtherMiscellaneousNondurableGoodsMerchant
42499Wholesalers
425WholesaleElectronicMarketsandAgentsandPPPP
Brokers
4445RetailTrade
441110NewCarDealersPPPPP
441120UsedCarDealersPPPPP
441210RecreationalVehicleDealersPPPP
44122Motorcycle,Boat,andOtherMotorVehicleDealersPPPPP
AutomotiveParts,Accessories,andTireStores
4413
442FurnitureandHomeFurnishingsStoresPPPPP
443ElectronicsandApplianceStoresPPPPPP
444110HomeCentersPPPP
444120PaintandWallpaperStoresPPPPP
444130HardwareStoresPPPPPP
44419OtherBuildingMaterialDealersPPPPP
4442LawnandGardenEquipmentandSuppliesStores
445FoodandBeverageStoresPPPPPPP
LaPorte,Texas,CodeofOrdinancesPage62
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.ΑDISTRICTS
DIVISION1.GENERALLY
2012
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
446HealthandPersonalCareStoresPPPPPPP
44711GasolineStationswithConvenienceStoresPPPPPP
5555
44719OtherGasolineStationsPPPP
448ClothingandClothingAccessoriesPPPPPPP
Stores
451SportingGoods,Hobby,MusicalInstrument,andPPPPPPP
BookStores
4521DepartmentStoresPPPP
452910WarehouseClubsandSupercenters
452990AllOtherGeneralMerchandiseStoresPPPPPPP
4531FloristsPPPPPPP
4532OfficeSupplies,Stationery,andGiftStores
4533UsedMerchandiseStores
45391PetandPetSuppliesStores
45392ArtDealers
45393Manufactured(Mobile)HomeDealersPPP
453991TobaccoStoresPPPPPPP
453998AllOtherMiscellaneousStoreRetailers(exceptPPPPPPP
TobaccoStores)
4541ElectronicShoppingandMailOrderHousesPPPPPP
454210VendingMachineOperatorsPPPP
454310FuelDealersPP
454390OtherDirectSellingEstablishmentsPPPPP
4849Transportationand
Warehousing
481AirTransportationPPP
482RailTransportationP
483WaterTransportation**
66
484TruckTransportationPP
4851UrbanTransitSystemsPPPP
4852InterurbanandRuralBusTransportation
48531TaxiServicePPPPP
48532LimousineServicePPPPP
48541SchoolandEmployeeBusTransportationPPPP
48551CharterBusIndustryPPPP
485991SpecialNeedsTransportationPPPPP
485999AllOtherTransitandGroundPassengerPPPPP
Transportation
486PipelineTransportation**
487ScenicandSightseeingTransportationPPPPP
4881SupportActivitiesforAirTransportationPPP
4882SupportActivitiesforRailTransportationP
4883SupportActivitiesforWaterTransportation**
LaPorte,Texas,CodeofOrdinancesPage63
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.ΑDISTRICTS
DIVISION1.GENERALLY
2012
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
488390OtherSupportActivitiesforWaterTransportationPPPPP
4884SupportActivitiesforRoadTransportationPPPP
4885FreightTransportationArrangement
488991PackingandCratingCPP
488999AllOtherSupportActivitiesforTransportationCPP
491PostalServicePPPP
492110CouriersandExpressDeliveryServicesPPP
492210LocalMessengersandLocalDeliveryPPPP
66
493WarehousingandStoragePP
51Information
511PublishingIndustries(exceptInternet)CPPPP
512110MotionPictureandVideoProductionPPP
512120MotionPictureandVideoDistributionPPP
512131MotionPictureTheaters(exceptDriveIns)PPPPP
512132DriveInMotionPictureTheatersPPP
512191TeleproductionandOtherPostproductionServicesPPPPP
512199OtherMotionPictureandVideoIndustriesCPPP
512210RecordProductionPPPPP
512220IntegratedRecordProduction/DistributionPPP
51223MusicPublishersPPPPP
51224SoundRecordingStudios
51229OtherSoundRecordingIndustries
515Broadcasting(exceptInternet)PPPPP
517TelecommunicationsPPPPP
518DataProcessing,Hosting,andRelatedServicesPPPPP
519OtherInformationServicesPPPPP
52FinanceandInsurance
521MonetaryAuthoritiesCentralBankPPPPP
522CreditIntermediationandRelatedActivitiesPPPPP
523110InvestmentBankingandSecuritiesDealingPPPPP
523120SecuritiesBrokeragePPPPP
523130CommodityContractsDealingPPPPPP
523140CommodityContractsBrokeragePPPPP
523210SecuritiesandCommodityExchangesPPPPP
523910MiscellaneousIntermediationPPPPPP
523920PortfolioManagementPPPPPP
523930InvestmentAdvicePPPPP
523991Trust,Fiduciary,andCustodyActivitiesPPPPPP
523999MiscellaneousFinancialInvestmentActivitiesPPPPP
5241InsuranceCarriersPPPPP
5242Agencies,Brokerages,andOtherInsuranceRelatedPPPPPPP
Activities
LaPorte,Texas,CodeofOrdinancesPage64
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.ΑDISTRICTS
DIVISION1.GENERALLY
2012
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
52511PensionFundsPPPPP
52512HealthandWelfareFunds
52519OtherInsuranceFundsPPPPPP
5259OtherInvestmentPoolsandFunds
53RealEstateRentalandLeasing
531RealEstatePPPPPPP
532111PassengerCarRentalPPPPP
532112PassengerCarLeasingPPPPP
532120Truck,UtilityTrailer,andRV(RecreationalVehicle)PPPP
RentalandLeasing
532210ConsumerElectronicsandAppliancesRentalPPPPP
53222FormalWearandCostumeRentalPPPPPPP
53223VideoTapeandDiscRental
532291HomeHealthEquipmentRental
532292RecreationGoodRental
532299AllOtherConsumerGoodsRentalPPPPP
532310GeneralRentalCentersPPPPP
532411CommercialAir,Rail,andWaterTransportationPP
EquipmentRentaland
Leasing
7
532412Construction,Mining,andForestryMachineryandPPPP
EquipmentRentalandLeasing
532420OfficeMachineryandEquipmentRentalandLeasingPPPPP
532490OtherCommercialandIndustrialMachineryandPPPP
EquipmentRentaland
Leasing
533LessorsofNonfinancialIntangibleAssets(exceptPPPPPP
CopyrightedWorks)
54Professional,Scientific,andTechnicalServices
5411LegalServicesPPPPPP
541211OfficesofCertifiedPublicAccountants
541213TaxPreparationServices
541214PayrollServicesPPPPP
541219OtherAccountingServices
54131ArchitecturalServices
54132LandscapeArchitecturalServices
54133EngineeringServices
54134DraftingServices
54135BuildingInspectionServices
54136GeophysicalSurveyingandMappingServices
50137SurveyingandMapping(exceptGeophysical)
Services
541380TestingLaboratoriesPPPP
LaPorte,Texas,CodeofOrdinancesPage65
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.ΑDISTRICTS
DIVISION1.GENERALLY
2012
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
5414SpecializedDesignServicesPPPPP
5415ComputerSystemsDesignandRelatedServices
5416Management,Scientific,andTechnicalConsulting
Services
541711ResearchandDevelopmentinBiotechnologyPP
541712ResearchandDevelopmentinthePhysical,PP
Engineering,andLife
Sciences(exceptBiotechnology)
54172ResearchandDevelopmentintheSocialSciencesPPPPP
andHumanities
5418Advertising,PublicRelations,andRelatedServices
54191MarketingResearchandPublicOpinionPolling
541921PhotographyStudios,PortraitPPPPPPP
541922CommercialPhotographyCPPPP
541930TranslationandInterpretationServicesPPPPP
888
541940VeterinaryServicesPPPPPP
541990AllOtherProfessional,Scientific,andTechnicalPPPPP
Services
55ManagementofCompaniesand PPPPP
Enterprises
56AdministrativeandSupport,WasteManagement,
andRemediationServices
5611OfficeAdministrativeServicesPPPPP
5612FacilitiesSupportServices
5613EmploymentServices
5614BusinessSupportServices
561510TravelAgenciesPPPPPPP
56152TourOperatorsPPPPP
56159OtherTravelArrangementandReservationServices
56161Investigation,Guard,andArmoredCarServices
561621SecuritySystemsServices(exceptLocksmiths)
561622LocksmithsPPPPPPP
561710ExterminatingandPestControlPPPPP
Services
561720JanitorialServicesPPPPPP
561730LandscapingServicesPPPPP
561740CarpetandUpholsteryCleaningServicesPPPPP
561790OtherServicestoBuildingsandDwellingsPPPPPP
5619OtherSupportServicesPPPP
562111SolidWasteCollectionPP
562112HazardousWasteCollectionC
562119OtherWasteCollectionPP
5622WasteTreatmentandDisposalC
LaPorte,Texas,CodeofOrdinancesPage66
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.ΑDISTRICTS
DIVISION1.GENERALLY
2012
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
5629RemediationandOtherWasteManagementPPP
Services
61EducationalServices
6111ElementaryandSecondarySchoolsPPPPPP
6112JuniorColleges
6113Colleges,Universities,andProfessionalSchools
611410BusinessandSecretarialSchoolsCCPPP
61142ComputerTrainingPPPPP
61143ProfessionalandManagementDevelopment
Training
611511CosmetologyandBarberSchools
611512FlightTraining
611513ApprenticeshipTraining
99
611519OtherTechnicalandTradeschoolsPPPPP
6116OtherSchoolsandInstructionPPPPP
6117EducationalSupportServices
62HealthCareandSocialAssistance
6211OfficeofPhysiciansPPPPPP
6212OfficeofDentists
6213OfficeofOtherHealthPractitioners
621410FamilyPlanningCentersCPPPP
621420OutpatientMentalHealthandSubstanceAbuseCPPPP
Centers
621491HMOMedicalCentersPPPPP
621392KidneyDialysisCentersCPPPP
621493FreeStandingAmbulatorySurgicalandEmergency
Centers
621498AllOtherOutpatientCareCenters
6215MedicalandDiagnosticLaboratories
6216HomeHealthCareServices
6219OtherAmbulatoryHealthCareServices
622HospitalsCPPPP
623110NursingCareFacilities(SkilledNursingFacilities)PPPPPP
623210ResidentialIntellectualandDevelopmentalDisabilityPPPPPP
Facilities
623220ResidentialMentalHealthandSubstanceAbusePPPP
Facilities
623311ContinuingCareRetirementCommunitiesPPPPPP
623312AssistedLivingFacilitiesfortheElderlyPPPP
62399OtherResidentialCareFacilitiesPPPP
624SocialAssistancePPPP
71Arts,Entertainment,andRecreation
7111PerformingArtsCompaniesPPPPP
711211SportsTeamsandClubs
LaPorte,Texas,CodeofOrdinancesPage67
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.ΑDISTRICTS
DIVISION1.GENERALLY
2012
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
711212Racetracks**
711219OtherSpectatorSportsPPPPP
7113PromotersofPerformingArts,Sports,andSimilar
Events
7114AgentsandManagersforArtists,Athletes,
Entertainers,andOtherPublicFigures
7115IndependentArtists,Writers,andPerformers
712Museums,HistoricalSites,andSimilarInstitutionsPPPPP
71311AmusementandThemeParksPPPPP
1010101010
713120AmusementArcadesPPPPP
7132GamblingIndustries**
71391GolfCoursesandCountryClubsPPPPP
71392SkatingFacilities
71393Marinas**
71394FitnessandRecreationalSportsCentersPPPPP
71395BowlingCenters
1111111111
713990AllOtherAmusementandRecreationIndustriesPPPPP
exceptshootingrangeandslotmachines.
72AccommodationandFoodServices
1212121212
721110Hotels(exceptCasinoHotels)andMotelsPPPPP
721120CasinoHotels**
721191BedandBreakfastInnsPPPPPPP
721199AllOtherTravelerAccommodation**
721211RV(RecreationalVehicle)ParksandCampgrounds**
721214RecreationalandVacationCamps(except
Campgrounds)
721310RoomingandBoardingHousesPPPPPPP
722310FoodServiceContractorsPPPPP
722320CaterersPPPPP
722330MobileFoodServicesPPPP
722410DrinkingPlaces(AlcoholicBeverages)PPPPPP
7225RestaurantsandOtherEatingPlacesPPPPPP
81OtherServices,exceptPublicAdministration
1515151515
8111AutomotiveRepairandMaintenancePPPPP
811211ConsumerElectronicsRepairandMaintenancePPPPPP
811212ComputerandOfficeMachineRepairandPPPPP
Maintenance
811213CommunicationEquipmentRepairandMaintenancePPPPPP
811219OtherElectronicandPrecisionEquipmentRepairPPPPPP
andMaintenance
811310CommercialandIndustrialMachineryandPPP
Equipment(exceptAutomotiveandElectronic)
RepairandMaintenance
LaPorte,Texas,CodeofOrdinancesPage68
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.ΑDISTRICTS
DIVISION1.GENERALLY
2012
NAICS2012NAICSTitle**
NCMSGCMUBILIHI
Code
811411HomeandGardenEquipmentRepairandPPPPP
Maintenance
811412ApplianceRepairandMaintenancePPPPPP
81142ReupholsteryandFurnitureRepair
81143FootwearandLeatherGoodsRepair
81149OtherPersonalandHouseholdGoodsRepairand
Maintenance
8121PersonalCareServicesPPPPPPP
81221FuneralHomesandFuneralServices
131313131313
812220CemeteriesandCrematoriesPPPPPPP
812310CoinOperatedLaundriesandDrycleanersPPPPPPP
812320DrycleaningandLaundryServices(exceptCoinPPPPPPP
Operated)
812331LinenSupplyPPPP
812332IndustrialLaunderersPP
1414141414
812910PetCare(exceptVeterinary)ServicesCCCCC
812921PhotofinishingLaboratories(exceptOneHour)PPPP
812922OneHourPhotofinishingPPPP
812930ParkingLotsandGaragesCPPPP
812990AllOtherPersonalServicesCPPPP
813110ReligiousOrganizationsCPPPP
8132GrantmakingandGivingServicesPPPPPP
8133SocialAdvocacyOrganizations
8134CivicandSocialOrganizationsCPPPP
81391BusinessAssociations
81392ProfessionalOrganizations
81393LaborUnionsandSimilarLaborOrganizations
81394PoliticalOrganizations
813990OtherSimilarOrganizations(exceptBusiness,CCCCPPP
Professional,Labor,andPoliticalOrganizations)
814PrivateHouseholds**
92PublicAdministration PPPPP
ParkingrampsandstructuresPCPC
Commercial/Ind.PUD(ref.toSection106636)CCCCCCC
OutdoorsalesasaccessoryusePP
OutdoorstorageasaccessoryusePP
OffsiteparkingCCCC
Unlisteduses,similartouseslistedaboveCCCCCCC
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.HoursofOperation.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(SICNAICSCode#)Zones
R1R2R3MHLL
Agriculturalproduction,(011Γ019crops)PPPPP
Agriculture,Forestry,FishingandHunting(111110111199)
Agriculturalproduction,(027animalspecialtiesbreedingorsale)C***C
Bedandbreakfastasdefinedbysection(Definitions)(721191)C(h)C(h)C(h)*C(h)
106-1
AllotheranimalproductionBreedingkennels,privatestock,limitedtoAACCA
LaPorte,Texas,CodeofOrdinancesPage74
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
dogsandcats,onresidentiallargelotresidential(112990)
Petcare(exceptveterinary)services,limitedtoboardingkennelsonly****P
(812910)
UsesR1R2R3MHLL
DomesticlivestockWithanexistingprincipalstructureonthepropertyAAAAPA
(cattle,horses,hogs,sheep,goats,chickens,andgeese ΜΓSinglefamily
residential,largelot
DomesticƌźǝĻƭƷƚĭƉΓźƷŷƚǒƷanexistingprincipalstructureonthe****P
property(permittedinlargelotdistrict,butonlyiftractisoneacrein
sizeorgreater)includingcattle,horses,hogs,sheep,goats,chickens,
andgeese
IndustrializedhousingonapermanentfoundationPPPPP
Singlefamilydwelling,detachedPPPPP
Singlefamilydwelling,speciallot*PPP*
Singlefamilydwellings,zerolotline(patiohomes,etc.)*PP**
Duplexes,doublebungalows(twofamilydwellingunits)*PP**
Townhouses/Condominium*P(I)P(I)**
Conversionofsinglefamilydwellingstoduplexes(ornomorethan*PP**
twofamilydwellings)
Triplexesandquadraplexes(threeandfourfamilydwellingunits)*P(I)P(I)**
Multifamily(morethanfourdwellingunits)**P(I)**
LaPorte,Texas,CodeofOrdinancesPage75
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
ЌΓЍunitmultifamilydwellings*PP**
Multifamily(over4units)**P**
ModularhousingonapermanentfoundationsystemPPPPP
section 106-1
(Definitions)
ManufacturedhousingsubdivisionsrestrictedtoH.U.D.certifiedmobile*C(a)C(a)P(a)*
homes;min.width20feet,min.shingledroofpitch3:12,permanent
foundationsystem;sidingsimilartosurroundingresidential
UsesR1R2R3MH
LL
Manufacturedhousingsubdivisions(restrictedtoH.U.D.certified*C(a)**
*
mobilehomesonpermanentfoundationsystems)
Manufacturedhousingparks*****
P(F,
D)
(a,d,f
)
Manufacturedhousing***P*
Groupcarefacilitiesnocloserthan1,000feettoasimilaruseproviding**C**
foodandsheltertopersonswhoareunrelatedtotheproprietorofthe
establishment(836623)
3orlesspersonsP(j)P(j)P(j)P(j)P(j)
4ormorepersonsP(k)P(k)P(k)P(k)P(k)
Childcarehomeinprivatehome(servicesnomorethan6)PPPPP
Daycarecenters(servicesmorethan6)(835624410)*PPP*
LaPorte,Texas,CodeofOrdinancesPage76
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
Freestandingonpremisesidentificationsign;townhouses,multifamilySeearticleVIIofthischapter
developments,groupcarefacilities(notlocatedwithinaresidential
neighborhood),subdivisions,educationandreligiousfacilities
ResidentialPUD(referto(Plannedunitdevelopment*CCC*
section 106-636
procedures)
PublicparksandplaygroundsPPPPP
Recreationalbuildingsandcommunitycenters(832)CPPPC
Religiousinstitutions(866813110)CP(AB)P(AB)P(ABC
)
Publicorprivateeducationalinstitutionslimitedtoelementary,juniorCPPPC
andseniorhigh(8211611110)
Juniorcollegesandtechnicalinstitutes(8222611210and6115)*CP**
Boardinghomes(7021721310)*PP**
UsesR1R2R3MHLL
Civic,socialandfraternalorganizations(86418134)**C**
Convalescenthomes,sanitarium,nursingorconvalescenthomes(805)**P**
Privategarages,carportsandoffstreetparking(associatedwithAAAAA
residentialuses)
Storageofequipmentbehindascreeningdevice(permittedinlargelotAAAAP
district,butonlyiftractisoneacreinsizeorgreater)
StorageofrecreationalvehiclesorboatsAAAAA
LaPorte,Texas,CodeofOrdinancesPage77
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
StorageofequipmentinanaccessorybuildingorbehindascreeningAAAAA
device
HomeoccupationsAAAAA
NoncommercialgreenhousesAAAAA
NoncommercialrecreationfacilitiesassociatedwithresidenceAAAAA
Noncommercialtoolhouses,barns,sheds,storagebuildings(associatedwith AAAAP
residence,exceptinlargelotdistrictfortractsoneacreinsizeorgreater)
Boardingorrentingofrooms(1personmax.)AAAAA
Offstreetloading(referto(Offstreetloading*****
section 106-840
requirements)
Offstreetparking(refertoSeearticleVIofthischapter)AAAAA
Petroleumpipelines(restrictedtoexistingpipelinecorridors)PPPPP
Residentialdensitybonus,asprovidedin(g)(DensityCCCCC
section 106-334
bonus)
SecondarydwellingunitsCPP*C
YardParking,asdefinedbysection106334(e)(Compatiblealterations*****
andadequateparking)
(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.
LaPorte,Texas,CodeofOrdinancesPage78
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
Sec. 106-333. Table B, residential area requirements.
(a) Table B, residential area requirements.
UsesMinimumMinimumMinimumMaximumMinimumMinimumMaximum
8
LotLotYardHeightSiteDevelopmentLot
Area/D.U.WidthSetbacksArea/UnitOpenSpace/Coverage/
1615
S.F.L.F.L.F.F.R.S.S.F.UnitS.F.Minimum
2,3,4,5,6,10,7,16
Landscaping
17
11,12,13,14,
Required
159,18,19
Singlefamily6000502515535Ft.9100Γ40%/N/A
detached4.8
DU/A
Singlefamilylarge43560902515545Ft.43560Γ40%/N/A
lot1.0
DU/A
Singlefamily4500402010035Ft.7300
Footnote60%/N/A
speciallotline,06.0#1
lotlineDU/A
Duplexes60006025202045Ft.8.0Footnote60%/N/A
DU/A#1
Singlefamily6000502010535Ft.N/AN/A50%/N/A
convertedto
multifamily
Townhouses,20002025202045Ft.4400Footnote75%/25%
quadraplexes10.0#1
(10,000s.fofsiteDU/A
area100ft.wide)
Multifamily2000010025202045Ft.1600Footnote60%/25%
14
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ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
DU/A#1
Manufactured4500402010525Ft.7300Footnote60%/6%
housing6.0#1
DU/A
Manufactured100ofN/AN/AN/AN/AN/A/N/A
housingsubdivisionfront
orparks(5acreroad
min.)frontage
Groupcare25201025Ft.N/AN/A/6%
N/A
facilities(lessthan
6)anddaycare
homes
StateLicensed&6000502515535Ft.910040%/N/A
RegisteredChild4.8DU/A
carehomes(Max.
12inprivatehome;
perTXDept.of
Family&Protective
Services,Ch.747)
50
Groupcare60002515535Ft.9100N/A40%/N/A
facilitiesΑ3orless4.8DU/A
persons
Publicorprivate30201045Ft.N/AN/AN/A/6%
educationaland
religious
institutions,large
groupcare
facilities,daycare
centers,
recreational
buildings,boarding,
LaPorte,Texas,CodeofOrdinancesPage80
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
andnursinghomes
FreestandingonSeearticleVIIofthischapter
premisessigns
LargelotdistrictSee(SpecialRregulations)
section 106-416
wheretractisone
acreinsizeor
greater(without
existingprincipal
structure)
Accessory
structure/domestic
livestock
Table B footnotes.
1
LotSizeRequiredDeveloped
OpenSpace/Lot
ЎЉЉЉΓЏЉЉЉSq.Ft.200Sq.Ft.
ЍЉЉЉΓЍВВВSq.Ft.300Sq.Ft.
ЌЉЉЉΓЌВВВSq.Ft.400Sq.Ft.
ЋЉЉЉΓЋВВВSq.Ft.500Sq.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.
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Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
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,/źƷǤƭCodeofOrdinancesorinthecaseof
industrializedhousing,therequirementsoftheTDLS.Suchfoundationsystemshallbeskirtedor
enclosedwithwoodormasonrytogivetheappearanceofasolidfoundation,ifoneisnotprovided,
compatiblewiththeappearanceofadjacenthousing,andsubjecttotherequirementsoftheSouthern
BuildingCode./źƷǤƭCodeofOrdinances.
9
SeearticleV,Division4ofthischapterforadditionalrequirements.
10
Nosignshallbelocatedinasighttrianglesoastoobstructtrafficvisibilityatalevelbetweenthree
feetandsixfeetasmeasuredaboveadjacentroadgrade.
1110
Inthecaseofmultifamilyresidentialdevelopmentswith50ormoreunits,saidcomplexesmustbe
locatedatleast1,000feetfromothermultifamilyresidentialdevelopmentsof20ormoreunits.
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SubdivisionI.Generally
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)
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.106334.Specialuseperformancestandards;residential
.
LandscapebuffersScreening.
(a)
(1)Alandscapebufferplantedwithgrassorevergreengroundcoverandalsoplantedwithtrees
shallbeprovided.Nobuildingsorrefusecontainersshallbeplacedinsuchareas.Referto106
443(a)(Screening)forrequirements.
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ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
(2)Standards:
a.Minimumwidthofplantingstrip:Fourfeet.
b.Aplantingplanspecifyingthelocationandspeciesoftreestobeplantedaswellasthe
typeofgrassorgroundcovertobeutilizedshallbesubmittedforapprovalbythedirector
orhisdulyauthorizedrepresentative.
(32)Screeningwillberequiredinthefollowingsituations:
a.Parkingareasforrecreationalbuildings,communitycenters,religious,multifamilyover
four,andprivateandpubliceducationalinstitutions.
b.Manufacturedhousingparksandsubdivisionsscreenedfromabuttinguses.
Requiredscreeningwillcounttowardtherequiredpercentageoflandscaping.
(43)
(5)Requiredlandscapingmustbemaintainedbythepropertyownerand/oroccupant.
(b)Trafficcontrol.Thetrafficgeneratedbyauseshallbechannelizedandcontrolledinamannerthat
willavoidcongestiononpublicstreets,safetyhazards,orexcessivetrafficthroughlowdensity
residentialareas.Thetrafficgeneratedwillnotraisetrafficvolumesbeyondthecapacityofthe
surroundingstreets.Vehicularaccesspointsshallbelimited,shallcreateaminimumofconflictwith
throughtrafficmovements,andshallbesubjecttotheapprovalofthedirector.Theproposed
developmentshouldbeadequatelyservedbyacollectororarterialstreetwithoutcirculating
throughlowdensityresidentialusesordistrictsinthefollowingcases:
(1)Juniororseniorhighschool,juniorcollegesandtechnicalinstitutes.
(2)Manufacturedhousingsubdivisionsandmanufacturedhousingparks.
(c)Compatibilitywithsurroundingarea.Thearchitecturalappearanceandfunctionalplanofthe
building(s)andsiteshallreflectthebuildingcharacteroftheareaandshallnotbesodissimilarto
theexistingbuildingsorareaastocauseimpairmentinpropertyvaluesorconstituteablighting
influencewithinareasonabledistanceofthedevelopment.Theproposeddevelopmentistobe
compatiblewiththeexistingandplanneduseoftheareaandconflictsarenottobecreated
betweentheproposeduseandexistingandintendedfutureuseofthesurroundingarea.
(d)Requiredlicenseobtained.Allnecessarygovernmentalpermitsandlicensesaresecuredwith
evidenceofsuchplacedonrecordwiththecity.
(e)Compatiblealterationsandadequateparking.AdequateparkingasrequiredbyarticleVIofthis
chaptermustbeprovidedonthelotandnotwithinanyunpavedrequiredfrontyard.Anyexterior
alterationsmustbecompatiblewiththeexistingstructure,andthesurroundingneighborhood.
(f)Manufacturedhousingcriteria(manufacturedhousingparksonly).Apreliminarycertifiedsiteplan
mustbesubmittedsimultaneouslywiththesubmissionsrequiredinthemobilehomepark
ordinanceofthecityandthecitydevelopmentordinancethatillustratescompliancewiththe
following:
LaPorte,Texas,CodeofOrdinancesPage84
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Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
(1)Legaldescriptionandsizeinacresoftheproposedmanufacturedhousingpark.Suchparkshall
notbelessthanfiveacres.
(2)Locationsandsizeofallmanufacturedhousingsites,deadstoragearea,recreationareas,
laundrydryingareas,roadways,parkingsites,andallsetbackdimensions(parkingareas,exact
manufacturedhousingsites,etc.).
(3)Preliminarylandscapingplansandspecifications.
(4)Locationandwidthofsidewalks.
(5)Plansofsanitarysewerdisposal,surfacedrainage,watersystems,electricalservice,andgas
service.
(6)Locationandsizeofallstreetsabuttingthemanufacturedhousingparkandalldrivewaysfrom
suchstreetstothemanufacturedhousingpark.
Preliminaryroadconstructionplan.
(7)
(8)Preliminaryplansforanyandallstructures.
(9)Suchotherinformationasrequiredorimpliedbythesestandardsorrequestedbypublic
officials.
(10)Nameandaddressofdeveloperordevelopers.
(11)Descriptionofthemethodofdisposingofgarbageandrefuseandlocationofapprovedsolid
wastereceptacles.
(12)Detaileddescriptionofmaintenanceproceduresandgroundsupervision.
(13)Detailsastowhetherallofareawillbedevelopedoraportionatatime.
(14)DensityintensityregulationsincompliancewithTableB,residential.
(15)Compliancewiththerequirednumberofoffstreetparkingspaces.
(16)Allprivatestreetsshallbeaminimumof28feetwideandconstructedinaccordancewiththe
publicimprovementscriteriamanual.Thelayoutofsuchprivatestreetsshallbesubjectto
approvalbythefirechief,toensureadequateemergencyaccess.
(17)Allmanufacturedhousingshallhaveaminimumfrontageof20feetonpublicorprivate
streets.
(18)Perimeterfencesrequired:Minimumsixfeetinheight,opaquematerial.
(g)ResidentialDdensitybonus.Withinsinglefamilyresidentialdevelopments,amaximumoften
percentreductioninsquarefeetofsiteareaperunitforresidentialdevelopmentsof20unitsor
moreshallbepermittedasaconditionalusebaseduponthefollowingbonusfeaturesandsquare
footreduction:
BonusFeatureSquareFoot
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Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
Reduction
PerUnit
(1)Majoroutdoorrecreationalfacilitiessuchasswimmingpools,tenniscourtsor250squarefeet
similarfacilitiesrequiringasubstantialinvestment.
(2)Designationofdevelopedopenspaceforsemipublicuseadjacenttodesignated100squarefeet
publicgreenwaycorridorsequaltoanadditional100squarefeetperunit.
Allrequireddevelopedopenspacemustbeoperatedandmaintainedbyahomeowners
(3)
association,subjecttotheconditionsestablishedinsections106676(Propertycontrols),106
677(Publicservices),106678(Publicservices),andthrough106679,withalldocumentation
requiredtobesubmittedforfilinginconjunctionwiththefinalplat.
(4)Thedensitybonusshallonlybepermittedperdesignatedopenspaceormajoroutdoor
recreationalfacilitiesinexcessoftherequirementsestablishedinsection12.00etseq.,ofthe
subdivisiondevelopmentordinancenumber1444,onfileinthecitysecretary'soffice,
includingthecreditgiveninsection12.02forlanddedicatedbyadeveloperwithina
developmentorsubdivisionforcompensatingopenspaceonanacreperacrebasis.City
Attorney?
(h)Bedandbreakfast(asdefinedinsections1061and106744):
(Definitions) (Bed and breakfast)
(1)Bedandbreakfastshallbeoperatedinaccordancewiththebedandbreakfastandhome
occupationrequirementsofsection106749(Homeoccupation).
(2)Additionalrequiredparkingshallnotbeprovidedinanyrequiredfrontorsideyard.
(3)Bedandbreakfastsshallcomplywiththeboardinghouserequirementsofthecurrently
adoptededitionoftheStandardHousingCodeandLifeSafetyCode(NFPA101).
Additionalmultifamilyregulations.
(i)
(1)Screening.Atenfootopaquescreenconsistingofacombinationofshrubs,fencing,and/or
masonrywallmustbecreatedbetweenmultifamilyresidentialdevelopmentsadjacentto
singlefamilyresidentialdevelopments.
a.Location.Therequiredscreenshallbelocatedwithinthefirsttenfeetofthebuilding
setbackadjacenttothesinglefamilyresidentialdistrict.
b.Planting.Atthetimeofplanting,theshrubsmustbebetweenfourtosixfeettalland
createanopaquescreenwithinonegrowingseason.
i.Allshrubsmustbeapprovedbyplanningdepartmentofficials.
LaPorte,Texas,CodeofOrdinancesPage86
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Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
(2)Fencing.Everymultifamilydevelopmentwithinthecityshallhaveaperimeterfencelocated
alongallsidesabuttingorfacingtherightofway,aswellasalongallsidesabuttingorfacing
singlefamilyresidentialdevelopments.
a.Construction,maintenanceoffenceorwall.Everyfenceorwallhereinshallbe
constructedandmaintainedasfollows:
i.Allfencesshallbeconstructedofwood,masonry,orwroughtiron.
ii.Allfencesorwallsshallextenddownwardtowithinthreeinchesofthegroundand
shalltestplumandsquareatalltimes.
iii.Allfencesorwallsshallbeconstructedincompliancewithallapplicableprovisionsof
thebuildingcodesofthecity.
b.Gatesatopeningsinenclosure.Openingsintheprescribedenclosurewhicharenecessary
topermitreasonableaccesstosaidmultiplefamilydevelopmentshallbeequippedwitha
gateorgates,constructedandmaintainedinaccordancewiththerequirementsfora
fenceorwallsetforthinthissection.
(3)Recreationalareas,facilities,andopenspace.
a.Theopenspacerequirementsfortownhouses,quadruplexesandmultifamily
developmentsshallincludeacombinationofthefollowing:
i.Trails,
ii.Playgrounds(exceptinthecaseof"SeniorOnly"developments),
iii.Clubhouses,and/or
iv.Onsitedetentionpondareas(Playgroundsarenottobelocatedinthedetention
pondareas.).
(4)Controlledaccessgates,ifutilized:
Shallbeconstructedsetbackfromthestreetfarenoughtopreventtrafficcongestion
a.
fromanyvehicletravelingontherightofwayadjacenttosuchcontrolledaccessgate,
and
b.Mustprovide24houraccesstoemergencyvehicles,includingfiredepartment,EMS,
policedepartmentandutilitycompanyvehicles.
(j)Groupcarefacilities(akacommunityhomes,residentialpersonalcarehomes,livingcenters,
assistedlivingcentersandsimilarusesasidentifiedinNAICSgroup#623(NursingandResidential
CareFacilities).
(1)Location:Facilities,incompliancewiththeTexasHumanResourcesCode(Ch.123and105),
AdministrativeCode(Ch.92)andHealth&SafetyCode(Ch.247,shallbepermittedasause
byrightinR1LowDensityResidential,R2MidDensityResidential,R3HighDensity
Residential,MHManufacturedHousingandLLLargeLotDistricts.
LaPorte,Texas,CodeofOrdinancesPage87
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionI.Generally
(2)DistanceRequirement:Groupcarefacilitiesshallnotbecloserthan1,000feettoasimilaruse
(NAICSgroup#623).Measurementshallbefromthenearestboundaryofthesitesonwhich
theyarelocated.
(3)Signage:Groupcarefacilitieslocatedwithinaresidentialneighborhoodshallbeallowedto
haveone(1)signnotexceedingtwo(2)squarefeetinarea,nonilluminatedandmountedflat
againstthewalloftheprincipalbuilding.
(4)VisualCompatibility:Thereshallbenochangeintheoutsideappearanceofthebuildingor
premises.Nostructuralalterationsshallbepermittedthatwillcausethegroupcarefacilityto
besubstantiallydistinguishablefromothersurroundingresidentialproperties.
(5)RegistrationRequirement:Facilitiesprovidingfood&sheltertothree(3)orlesspersons,who
areunrelatedtotheproprietoroftheestablishment,shallcomplywithallcityregulationsand
registertheirfacilitywiththeCityannuallybyobtainingaGroupCareFacilityCertificate.The
certificatecostshallbeattherateestablishedinAppendixA,fees,ofthisCode,shallexpireon
stth
December31ofeachyear.SuchfeeshallbepayabletotheCityonorbeforeDecember15
forthenextsucceedingcalendaryear.Thefeeprovidedforinthisarticleshallnotbesubject
toprorationorreductionforpaymentforaperiodoflessthantwelve(12)calendarmonths.
Operationofafacilitywithoutfirsthavingobtainedtherequiredcertificateshallbedeemeda
violationofthisarticle.
(6)PaymentofTaxes:Alladvaloremtaxesonanyandallproperty,personalorreal,necessaryto
theoperationofthefacilitymustbepaidpriortotheissuanceorrenewalofthecertificate.
(7)DisplayofCertificate:Everyfacilitysoregisteredshalldisplayanactivecertificateina
conspicuousplace,withinthefacilitycommonarea,soastobeeasilyseenbythepublic.
(8)AccesstotheFacility:Citypersonnelshallhavetherightofentrytoensuresafehabitability
andpublicsafety.Citypersonnelshalladviseonsitefacilitypersonnelofthepurposeoftheir
visit.
(9)AnnualInspection:TheFireağƩƭŷğƌƭOfficeshallperformaminimumofone(1)annual
inspectionforeachgroupcarefacility.Facilitiesshallcomplywithallapplicablecitycodes,
ordinances,policiesandregulations.
(k)FacilitiesshallbeincompliancewiththeTexasHumanResourcesCode(Ch.123and105),
AdministrativeCode(Ch.92)andHealth&SafetyCode(Ch.247).Toensurecompliancewithstate
regulations,acopyoftheŅğĭźƌźƷǤƭactiveStatelicenseshallbeprovidedtotheCity,when
requestedbystaff.
(Ord.No.1501X,§5,121696;Ord.No.1501JJ,§6,101402;Ord.No.20093173,§1,82409)
CrossƩĻŅĻƩĻƓĭĻΓ Constructionorexpansionplansformobilehomeparksrequirements,§9891.
Secs.106ЌЌЎΓЊЉЏ350.Reserved.
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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.
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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.
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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
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Chapter106ZONING
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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,CodeofOrdinancesPage92
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,CodeofOrdinancesPage93
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)Minimumlotsize:1Acre
(b)Minimumlotwidth:90L.F.
(c)Minimumyardsetbacks(F.R.S.):25155
(d)Maximumheightofprimary45feet
structure:
(e)Minimumsitearea/unit:1DU/A
(f)Maximumlotcoverage:40%
(g)Accessorybuildings:5,000sqftSeeSection106741(e)(2)(Generalprovisions)
(h)Maximumheightofaccessory35feet
buildings:
(i)Accessorybuildingsetbacks:10propertyline20otherstructuresSeeSection106741(e)(2)
(Generalprovisions)
(j)Numberofaccessorybuildings:Upto40%coverage
(k)PlacementofaccessoryRear&sideyards
buildings:
(l)Numberofanimals:(Domesticlivestock)
Section 106-742
LaPorte,Texas,CodeofOrdinancesPage94
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION2.RESIDENTIALDISTRICTREGULATIONS
SubdivisionVI.LLLargeLotDistrict
(m)Detachedgarage:6(rear)ofPrimaryBldg.
(n)Carportswidth:Max.25front/sideyard
(o)Equipmentstorage:(h)(Generalprovisions)
Section 106-741
(p)Exteriorstorage:(Exteriorstorage)
Section 106-773
(q)Shippingcontainers:Notallowed
(r)Streetopenings:Asphalt/openditch
(s)Driveways(12):First40dustfree
(t)Driveways(20):First20×20dustfree
(s)Driveways(General):Service1oneresidenceonly;20footmaximumwidth
(t)Publicutilities(water):TappublicROWonly
(u)Publicutilities(sewer):TappublicROWonly
(v)Firehydrant(coverage):500fromresidence
(w)Firehydrant(placement):Publicwaterlineonly
(x)Animalbreeding:Conditional(RequiresSCUPfromtheCity)
(FFA&4H)
(Ord. No. 1501-T4, § 6(Exh. F), 10-24-05)
Secs. 106-417—106-440. Reserved.
LaPorte,Texas,CodeofOrdinancesPage95
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 Ï Accessory uses (subject to requirements of).
section 106-741
C Ï Conditional uses (subject to requirements of sections through and
106-216106-218
designated criteria established in).
section 106-444
* Ï Not allowed.
Uses(SICCode#)Zones
CRNCGCMS
LaPorte,Texas,CodeofOrdinancesPage96
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS
SubdivisionI.Generally
1
Allusespermittedor/accessoryinR3zone,exceptsinglefamilydetachedandPPP
speciallot,duplexes,quadruplexes,townhouses,andmultifamily
3
Singlefamilydetached***P
AllconditionalusesinR3zone*CCC
Agriculturalservice(076Γ078)**PP
Amusements(791Γ799)C*PP
2
Amusement(7993)C*PP
Antiqueandusedmerchandisestores(5932)*PPP
Arrangementsforpassengertransport(472)**PP
2
Arrangementforshippingandtransport(473)**PP
Apparelandaccessorystores(561Γ569)C*PP
Automotivedealersandservicestations(551,552,553,555Γ559)**PP
Automotiverepair,services(751Γ754)**PP
Banking(601Γ605)**PP
BuildingconstructionΓGeneralcontractors(152Γ161)**PP
BuildingconstructionΓSpecialtradecontractors(171Γ179)**PP
Buildingmaterials,gardensupply(521Γ523,526Γ527)**PP
Businessservices(731,732,736Γ738)**PP
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ARTICLEIII.DISTRICTS
DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS
SubdivisionI.Generally
Businessservices(7359)**PP
(A,B,
C,D)
Civil,socialandfraternalorganizations,(8641)CCCC
Communications(481Γ489)**PP
Conveniencestores(5411)*PPP
Creditagencies(611Γ616)**PP
Doggrooming**P(H)P
Drugstores(591)*PPP
Eatinganddrinkingplaces(5813)C*PP
Eatingplaces(5812)CPPP
Electric,gasandsanitaryservices(491,4923,493,494,4952)*PPP
Engineering,architectural,accountingservices(871Γ872)*PPP
Foodstores,general(541,542,544,545,549)**PP
Freestandingonpremisessigns.SeearticleVIIofthischapter
Governmentalandpublicutilitybuildings(911Γ922,9631,4311)C*PP
Grocery,fruitandvegetablestores(542,543)*PPP
Hardwarestores(525)*PPP
Homefurnishingstores(571Γ573)**PP
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SubpartBLANDUSEREGULATIONS
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ARTICLEIII.DISTRICTS
DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS
SubdivisionI.Generally
44
Hotelsandmotels(701,7032,704)C*PP
Hospitals,laboratories(806Γ809)**PC
Insurance,realestate,legal,stockandcommoditybrokers,agents(641Γ679)*PPP
Laundry(plants)(7216Γ7219)**P*
Membershiporganizations(861Γ869)**PC
Miniwarehousing(4225)**C*
Misc.retail(592,593,5948,596Γ599,5399)C*PP
Misc.repairservices(762Γ764)*PPP
Misc.shopping(5941Γ5947,5949,5992Γ5994)CPPP
Misc.shopping(5995,5999)C**P
Motionpicturetheaters(7832)**PP
Museums,artgalleries(841Γ842)C*PP
Officesfordoctors,dentists,etc.(801Γ805)*PPP
Passengertransportation(411Γ415)**PP
Personalservices(7211Γ7215,722Γ729)*PPP
RecreationalbuildingsandcommunitycentersCPPP
Reproduction,photography,andcleaningservices(733Γ734)*PPP
Repairservices(7699)(excepttanktruckcleaning)**PP
LaPorte,Texas,CodeofOrdinancesPage99
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ARTICLEIII.DISTRICTS
DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS
SubdivisionI.Generally
Retailbakeries(546)*PPP
Securitiesandinsurance(621Γ639)**PP
Servicestations(554)*PP
Servicestations,excludingtruckstops(554)C*PP
Undergroundpipelines(461)*PPP
Veterinaryservices(0742)*PPP
Videorentalandsalesshop*PPP
ParkingrampsandstructuresCPPC
CommercialPUD(Referto*CCC
section 106-636
Outdoorsalesasaprimaryoraccessoryuse**P(C,G)P
OutdoorstorageasaprimaryoraccessoryuseC*P(B)P
OffsiteparkingCCCC
OffstreetloadingCCCC
JointparkingCCCC
DriveinordrivethroughfacilitiesasanaccessoryorprincipleuseCCCC
Kennels,boarding(0752)**CC
Kennels,breeding(0279)**CC
Unlisteduses,similartouseslistedaboveCCCC
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ARTICLEIII.DISTRICTS
DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS
SubdivisionI.Generally
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)
Sec. 106-442. Interpretation and enforcement.
Property uses, except as provided for by Section 106-310 (Table A, commercial & industrial uses)
section 106-441, Table A, are prohibited and constitute a violation of this chapter.
Sec. 106-443. Table AB, commercial area requirements.
(a) Table AB, Commercial area requirements.
UsesMinimumMaximumMinimumAdjacenttoMaximumBldg.
LandscapingLotYardResidentialHeightDesign
98
RequirementsdCoverageSetbacksMinimum(feet)Standards
F.R.S.Yard
1,3,4,6,7
Setback
F.R.S.
2,6
5
R3uses(permitted)6%5%DensityIintensityRregulationsSspecifiedinTable
exceptresidential
B,arearequirements,(TableB,
section 106-333
singlefamily,
9
residentialarearequirements)
detachedandspecial
lot,duplexes,
quadruplexes,
townhouses,and
multifamily
CRComm.
RecreationDist.;all
LaPorte,Texas,CodeofOrdinancesPage101
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ARTICLEIII.DISTRICTS
DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS
SubdivisionI.Generally
permittedor
conditional
59
NCNeighborhood6%5%50%20100201010N/ADesign
8
Guidelines
Comm.;all
permittedor
conditional
9
GCGeneralComm.;6%40%20100202010N/A100%
masonry
allpermittedor
5%uptoone
conditional
acreΑfourfootDesign
8
minimumGuidelines
5
frontage
7.5%oneacreΑ
10acresΑ10foot
minimum
5
frontage
10%greater
than10acresΑ
25footminimum
5
frontage
OutsidesalesorN/AN/A555SameasN/A
servicesprincipale
2
5%
use
OutsidestorageN/AN/A20105SameasN/A
principal
SeeSee
section 106- section
use
(b)(Special(b)
444106-444
useperformance
standards)
FreestandingonSeearticleVIIofthischapter
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ARTICLEIII.DISTRICTS
DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS
SubdivisionI.Generally
premisessigns
FreestandingonSeearticleVIIofthischapter
premisessigns
locatedin
controlledaccess
highwaycorridors
MU,MixedUse;all
permittedor
conditional:
SinglefamilyN/A60%15mintoN/A35N/A
detachedresidential25max10
uses5
Commercialand/or5%fourfoot60%15mintoN/A35Design
7
mixedresidentialminimum25max10Guidelines
5
andcommercialfrontage5
MainStreet6%60%*205*00N/ATBD36Design
7
Guidelines
5%fourfoot
minimum
5
frontage
MainStreetOverlayN/A80%84%0200N/ATBD36Design
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.
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ARTICLEIII.DISTRICTS
DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS
SubdivisionI.Generally
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.
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) Existingshopping 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.
LaPorte,Texas,CodeofOrdinancesPage104
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS
SubdivisionI.Generally
(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.
b. Fence must be a minimum of six feet in height and constructed of solid wood or masonry.
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.
LaPorte,Texas,CodeofOrdinancesPage105
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ARTICLEIII.DISTRICTS
DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS
SubdivisionI.Generally
(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).
(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:
LaPorte,Texas,CodeofOrdinancesPage106
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS
SubdivisionI.Generally
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.
(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.
LaPorte,Texas,CodeofOrdinancesPage107
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Chapter106ZONING
ARTICLEIII.DISTRICTS
DIVISION3.ΑCOMMERCIALDISTRICTREGULATIONS
SubdivisionI.Generally
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 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)
(J) See article V, Div.3
Secs. 106-445—106-460. Reserved.
LaPorte,Texas,CodeofOrdinancesPage108
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,CodeofOrdinancesPage109
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.
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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.
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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,CodeofOrdinancesPage112
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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.
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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.
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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
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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 Ï Permitted uses.
A Ï Accessory uses (subject to requirements of).
section 106-741
Ï Conditional uses (subject to requirements of sectionsthrough and
C
106-216106-218
designated criteria established in).
section 106-523
* Ï Not allowed.
Uses(SICCode#)Zones
BILIHI
AllusespermittedoraccessoryintheGCzone,exceptresidentialPPP
AllusesconditionalintheGCzone,exceptresidentialCCC
NonmanufacturingIndustries:
Adultorientedbusiness**P(G)
Airtransportation(451Γ458)PPP
Generalcontractors,heavyconstruction(161,162,1541)PPP
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SubdivisionI.Generally
Highwaytransportationterminalandservicefacilities(417)PPP
Motorfreighttransportationandwarehousing(421,423)*P(J)P(J)
Farmproductwarehousingandstorage(4221)*PP
Publicwarehousing(4222Γ4226)PPP
Railroadtransportation(401)**P
Shippingcontainer,orfabricatedplatework(3443)
StorageinsideP(ACDE)P(ACDE)P
Storageoutside(referto(b))**P(ACDE)
Section 106-444
Wholesaletrade:
DurablegoodsΓlight(502,504,507,5082,5087,5094)PPP
DurablegoodsΓmedium(501)PPP
DurablegoodsΓheavy(503,5051,5082Γ5085,5088)*CP
DurablegoodsΓheavy(5052,5093)**P
Wholesaletrade:
NondurablegoodsΓlight(511Γ514,518)PPP
NondurablegoodsΓmedium(5172,5191Γ5199)CPP
NondurablegoodsΓheavy(515,516,5171)**P
ManufacturingIndustries:
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SubdivisionI.Generally
Chemicalsandalliedproducts(282Γ285)*P(ACDE)P
Electricalandelectronicequipmentandsupplies
Light(361Γ365,367)P(ACDE)P(ACDE)P
Medium(361,366,369)P(ACDE)P(ACDE)P
Fabricatedmetalproductsandmachinery
Light(341Γ345,358,3592)P(ACDE)P(ACDE)P
Medium(3493,3498,351Γ353,356)*P(ACDE)P
Heavy(346,347,354,355,357)*P(ACDE)P
Heavy(348)**P
Foodandkindredproducts
Light(202,205,2065Γ2067)P(ACDE)P(ACDE)P
Medium(2086,2087,2092Γ2099)CP(ACDE)P
Heavy(201,203,204,2062,2063,207,2082Γ2085)*CP
Leatherandleatherproducts(311Γ319)CP(ACDE)P
Weldingshops(7692)P(ACDE)P(ACDE)P
Lumberproducts,furnitureandfixtures
Light(251Γ259)P(ACDE)P(ACDE)P
Medium(243Γ245)CP(ACDE)P
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Heavy(249)*CP
Measuring,analyzingandcontrollinginstruments(381Γ387)P(ACDE)P(ACDE)P
Miscellaneousmanufacturing(391Γ396)P(ACDE)P(ACDE)P
Machineshops(3599)P(ACDE)P(ACDE)P
Miscellaneousmanufacturingindustries(3991Γ3995)*P(ACDE)P
OffpremisesfreestandingsignsSeearticleVIIofthischapter
OnpremisesfreestandingsignsSeearticleVIIofthischapter
Paperandalliedproducts(265Γ267)**P
Printingandpublishing(271Γ279)P(ACDE)P(ACDE)P
Rubberandmiscellaneousplastics(301,302,304,306,307)*CP
Stone,clay,glassandconcrete(321Γ325,3261,327Γ329)**P
Tanktruckcleaning**P
TruckstopsP(H,I)**
Textilemill,andfinishedproducts
Light(224,225,231Γ239)P(ACDE)P(ACDE)P
Medium(222,223,226,229)*P(ACDE)P
Tobaccomanufacturers(211Γ214)*P(ACDE)P
LoadingberthsatthefrontorsidesofbuildingsadjacenttoR.O.W.CCC
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SubdivisionI.Generally
IndustrialPUD(refertoCCC
section 106-636
Facilitiesinexcessofheightrestrictionsimposedin**C
section 106-522
Unlisteduses,similartouseslistedaboveCCC
(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.
(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:
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DIVISION4.INDUSTRIALDISTRICTREGULATIONS
SubdivisionI.Generally
OctaveBandFrequencyMaximumSoundLevelsΓDecibels
CyclesperLotLineH
SecondResidential
DistrictBoundary
20to7563
78
75to15059
74
150to3006855
300to6006151
600to1,2005545
1,200to2,40049
38
2,400to4,8004331
Above4,8004125
Impactnoise8055
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.
In distances where it is determined that a proposed land use may generate a level of noise that
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
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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.
UsesMinimumMaximumMinimumAdjacentMaximumBldg.Design
610
LandscapingLotYardtoHeightStandards
RequirementsCoverageSetbacksResidential(feet)
4
(percent)(percent)F.R.S.Minimum
1,3,5
Yard
(feet)Setback
F.R.S.
2,5,9
(feet)
BIbusiness650504030504030N/A100%masonry
industrialpark;allDesign
5%uptooneacre201010
permittedorStandards,
Αfourfoot
10
conditionalArticleIX
minimum
frontage
7.5%oneacreΑ
10acresΑ10foot
minimum
frontage
10%greater
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SubdivisionI.Generally
than10acresΑ25
footminimum
frontage
LIlightindustrial6201010305050N/A
70
district;all
5%uptooneacre
permittedor
Αfourfoot
conditional
minimum
frontage
7.5%oneacreΑ
10acresΑ10foot
minimum
frontage
10%greater
than10acresΑ25
footminimum
frontage
HIheavyindustrial6
3050503010015045
districtall150
5%uptooneacre
permittedor
Αfourfoot
conditional
minimum
frontage
7.5%oneacreΑ
10acresΑ10foot
minimum
frontage
10%greater
than10acresΑ25
footminimum
frontage
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SubdivisionI.Generally
LoadingdocksN/AN/A130130SameasN/A
130principal
useplus
130ft.
OutsidestorageN/AN/A20105Sameas
Section
(b)
106-444
principal
use
Truckstops15%50504030504030
7,8
Shippingcontainers6
N/A50503010015036
150
15%
OnandoffSeearticleVIIofthischapter
premises
freestandingsigns
FreestandingonSeearticleVIIofthischapter
premisessigns
locatedin
controlledaccess
highwaycorridors
(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.
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SubdivisionI.Generally
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.
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.
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SubdivisionI.Generally
(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.
(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;
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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,CodeofOrdinancesPage127
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,CodeofOrdinancesPage128
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,CodeofOrdinancesPage129
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,CodeofOrdinancesPage130
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,CodeofOrdinancesPage131
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIV.PLANNEDUNITDEVELOPMENTS
ARTICLE IV. PLANNED UNIT DEVELOPMENTS
DIVISION 1. - GENERALLY
DIVISION 2. - ADMINISTRATION
DIVISION 3. - DISTRICT REGULATIONS
DIVISION 4. - REQUIREMENTS
LaPorte,Texas,CodeofOrdinancesPage132
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIV.PLANNEDUNITDEVELOPMENTS
DIVISION1.GENERALLY
DIVISION 1. GENERALLY
Secs. 106-621Ï106-635. Reserved.
Secs. 106-621—106-635. Reserved.
LaPorte,Texas,CodeofOrdinancesPage133
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.
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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.
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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.
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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,CodeofOrdinancesPage137
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,CodeofOrdinancesPage138
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,CodeofOrdinancesPage139
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEIV.PLANNEDUNITDEVELOPMENTS
DIVISION4.REQUIREMENTS
DIVISION 4. REQUIREMENTS
Subdivision I. - Generally
Subdivision II. - Specific Development Requirements
LaPorte,Texas,CodeofOrdinancesPage140
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,CodeofOrdinancesPage141
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.
(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 106-262 (Nonconforming structures) and 106-
268 (Nonconforming lots of record) 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,CodeofOrdinancesPage142
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.
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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,CodeofOrdinancesPage144
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,CodeofOrdinancesPage145
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,CodeofOrdinancesPage146
SubpartBLANDUSEREGULATIONS
Chapter106ZONING
ARTICLEV.SUPPLEMENTARYDISTRICTREGULATIONS
DIVISION1.GENERALLY
DIVISION 1. GENERALLY
Secs. 106-721Ï106-740. Reserved.
Secs. 106-721—106-740. Reserved.
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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).
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(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
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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
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. , 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.
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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.
PoolsSpas/HotDecksPumps,
TubsFilters,
Heating
Equipment
Separationfrom6N/AN/AN/A
adjacent
structures
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Sidesetback5522
Rearsetback5522
Setbackfrom3MaynotMaynotMaynot
utilityeasementencroachencroachencroach
FrontsetbackSeesectionSeesectionSeesectionSeesection
(2)(Yard(2)(Yard(2)(Yard(2)(Yard
106-771106-771106-771106-771
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
/źƷǤƭCodeofOrdinances
Standard 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
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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.
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(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)
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.
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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)
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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.
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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)
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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
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.
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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
(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
erected within the required landscaped portion of any yard or the front yard setback 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.
(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
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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.
(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. Required landscaping shall be located adjacent to any right-of-way the front and side
property lines up to the front of the primary structure of the site. In instances where the side
property line abuts residential, landscaping shall be required in accordance with section
Section 106-444(a) (Screening).
b. Adjacent to rights-of-way. There shall be at least one ornamental 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. Trees shall be planted in a boulevard type manner on center and uniform
distance from the curb or pavement.
bc. 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
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prevailing grade shall be in accordance with the visibility triangle requirements in sec. 106-
311 (Visibility triangle).
cd. 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.
(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 when screening a parking area and must be able to grow up to a
height of at least eight feet.
(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.
(1) The property owner or tenant shall provide a natural screening. This will be accomplished in one
of three ways.
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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.
(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.
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(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.
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:
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(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
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)
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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.
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\[10\]
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
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.
(Ord. No. 1501-AAAA, § 6, 10-11-04)
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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.
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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)"Headin"parkingspaces.Inthecaseofoffstreetparkingfacilitieslocatedwithinmultiple
o
or"headin"parkingis
familydevelopmentsexclusivelyserving"senior"ageindividuals,all90
prohibited.
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FIGURE 10-1
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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.
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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
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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:
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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.
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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
/źƷǤƭCodeofOrdinances
city building code, and the Southern Standard Building Code.
20122012NAICSTitleMINIMUMNUMBEROF
NAICSREQUIRED
CodePARKINGSPACES(combination)
23GeneralContractors34Minimumplus1per1,000s.f.
3133Manufacturing410Minimumplus1perEmployee
3per1,000s.f.
42WholesaleTrade4Minimumplus3per1.000s.f.office
1per1.5nonofficeemployee
4411AutomobileDealers4Minimumplus1perEmployee
4412OtherMotorVehicleDealers1per500s.f.showroomarea
4413AutomotiveParts,AccessoriesandTireStores4Minimumplus4per1,000s.f.retail
area
442FurnitureandHomeFurnishingsStores4Minimumplus4per1,000s.f.retail
443ElectronicsandApplianceStoresarea
444BuildingMaterialandGardenEquipmentandSupplyDealers
445FoodandBeverageStores
446HealthandPersonalCareStores
44711GasolineStationswithConvenienceStores4Minimumplus3per1,000s.f.retail
area
44719OtherGasolineStations4Minimumplus2perservicestall
448ClothingandAccessoryStores4Minimumplus4per1,000s.f.retail
space
5per1,000s.f.(min4)
451SportingGoods,Hobby,MusicalInstrument,andBookStores4Minimumplus4per1,000s.f.retail
452GeneralMerchandiseStoresspace
453MiscellaneousStoreRetailers5per1,000s.f.(min4)
4541ElectronicShoppingandMailOrderHouses4Minimumplus4per1,000s.f.
5per1,000s.f.(min4)
4542VendingMachineOperators4Minimumplus3per1,000s.f.office
4543DirectSellingEstablishmentsarea
1per1.5nonofficeemployee
4849TransportationandWarehousing4Minimumplus3per1,000s.f./office
1pernonofficeemployee
51211MotionPictureandVideoProduction4Minimumplus3per1,000s.f.office
51212MotionPictureandVideoDistribution1pernonofficeemployee
512131MotionPictureTheaters(exceptDriveins)10Minimumplus1per4Seats
512132DriveinMotionPictureTheaters10minimumplus1peremployee
51219PostproductionServicesandOtherMotionPictureandVideoIndustries4Minimumplus3per1,000s.f.office
5122SoundRecordingIndustry1pernonofficeemployee
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20122012NAICSTitleMINIMUMNUMBEROF
NAICSREQUIRED
CodePARKINGSPACES(combination)
52FinanceandInsurance4Minimumplus1per400s.f.
531RealEstate4Minimumplus1per300s.f./office
53211PassengerCarLeasing4Minimumplus1peremployee
1per500s.f./showroomarea
1per1000sf/officearea
53212Truck,UtilityTrailer,andRVRentalandLeasing4Minimumplus3per1,000s.f./office
5322ConsumerGoodsRental1pernonofficeemployee
5323GeneralRentalCenters
5324CommercialandIndustrialMachineryandEquipmentRentaland
Leasing
54Professional,Scientific,andTechnicalServices4Minimumplus3per1,000s.f./office
1pernonofficeemployee
55ManagementofCompaniesandEnterprises4Minimumplus3per1,000s.f./office
1pernonofficeemployee
56AdministrativeandSupport,WasteManagement,andRemediation4Minimumplus3per1,000s.f./office
Services(except561450CreditAgencies)1pernonofficeemployee
561450CreditAgencies4Minimumplus1per300s.f.
611110PublicorPrivateEducational(exceptSeniorHighSchool)10Minimumplus1per20Students
1perStaffMember
(10Minimum)
611110SeniorHighSchool10Minimumplus1per4Students
1perStaffMember
(10minimum)
6112JuniorColleges10Minimumplus1per1.5Students
6113Colleges,UniversitiesandProfessionalSchools1perStaffMember
6114BusinessSchoolsandComputerandManagementTraining(10minimum)
6115TechnicalandTradeSchools
6116OtherSchoolsandInstruction
6117EducationalSupportServices10Minimumplus1per4Students
1perStaffMember
(10minimum)
621AmbulatoryHealthCareService4Minimumplus1per400s.f.
622Hospitals4Minimumplus1per2Beds
623NursingandResidentialCareFacilities4Minimumplus1per2Beds
6241IndividualandFamilyServices10Minimumplus1per300s.f.
6242CommunityFoodandHousing,andEmergencyandOtherRelief
Services
6243VocationalRehabilitationServices
6244ChildDayCareFacility4Minimumplus1per5Children
1perStaffMember
(4Minimum)
711PerformingArts,SpectatorSports,andRelatedIndustries10Minimumplus1per500s.f.
1per4seatsinassemblyarea
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20122012NAICSTitleMINIMUMNUMBEROF
NAICSREQUIRED
CodePARKINGSPACES(combination)
712Museums,HistoricalSites,andSimilarInstitutions10Minimumplus1per1,000s.f.in
excessof2,000s.f.1per500s.f.
713Amusement,Gambling,andRecreationIndustries10Minimumplus1per200s.f.inexcess
of2,000s.f.
1per500s.f.
72111Accommodations4Minimumplus1perRentalRoom
1perEmployee
72119BedandBreakfastInns2Minimumplus1pereachRentalRoom
722FoodServicesandDrinkingPlaces4Minimumplus10per1,000s.f1per
100(10minimum)
8111AutomotiveRepairandMaintenance4Minimumplus2perservicestall
8112ElectronicandPrecisionEquipmentRepairandMaintenance4Minimumplus2per1,000s.f.ofshop
8113CommercialandIndustrialMachineryandEquipment(exceptarea
AutomotiveandElectronic)RepairandMaintenance
8114PersonalandHouseholdGoodsRepairandMaintenance
812PersonalandLaundryServices4Minimumplus4per1,000s.f.retail
space
8131ReligiousOrganizations10Minimumplus1per4seatsin
assemblyhall
8132GrantmakingandGivingServices4Minimumplus1per300s.f.
8133SocialAdvocacyOrganizations
8134CivicandSocialOrganizations10Minimumplus1per200s.f.inexcess
of2,000s.f.
8139Business,Professional,Labor,Political,andSimilarOrgaizations4Minimumplus1per300s.f.
814110Households,Private,Employing(Includingsinglefamily,attachedor2perDwellingUnit
detachedtownhouses,duplexes,manufacturedhousing,patiohomes,
modularhousinganduptofourunitmultifamily)
814110Multifamilyincludingcondominiums1perEfficiencyUnit
1.5per1Bedroom
2.5per2Bedrooms
3per3ormoreBedrooms
2per2Bedroom
2.5per3Bedroom
Multifamily(SeniorOnly)includingcondominiums1perEfficiencyUnit
1per1Bedroom
1.5per2Bedrooms
2per3Bedrooms
1Visitorper10Units
92PublicAdministration1per300s.f.
Uses(SICCode)NumberofRequiredforEach
Parking
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Spaces*
Singlefamily,attachedordetachedtownhouses,duplexes,2dwellingunit
manufacturedhousing,patiohomes,modularhousingandupto
fourunitmultifamily
Multifamilyincludingcondominiums1efficiencyunit
1.51bedroom
2.52bedrooms
33ormore
bedrooms
Groupcarefacilities14beds
1staffmember
oremployee
Daycarecenters15children
1staffmember
ЊЉaźƓźƒǒƒͲtƌǒƭ
Recreationalbuildings,privateclubs,communitycenters1200s.f.inexcess
of2,000s.f.
Libraries,museums11,000s.f.in
excess
of2,000s.f.
Religiousinstitutions,theaters,auditoriums14seatsin
assemblyhall
Publicorprivateeducational,elementary,andjuniorhigh120students
1staffmember
Seniorhighschool14students
1staffmember
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Governmentalandpublicutilitybuildingsandofficestructures1300s.f.of
Collegesandtechnicalinstitutes11.5students
1staffmember
ЍaźƓźƒǒƒͲtƌǒƭ
Resthomes,nursinghomes,(805)convalescenthomes12beds
Hospitals(806)12beds
Banking1400s.f.
Creditagencies,businessservices,brokers,insurance,realestate,300s.f.
1
andholdingcompanies(601Γ679and731Γ739)
Hotel,motels,roominghouses(701Γ704)1rentalroom
1employee
Misc.repairservices,electrical,TV,andwatchrepair(762Γ769)21,000s.f.of
shoparea
Health,legalandsocialservices(801Γ804,811and832)31,000s.f.
Manufacturing3
1,000s.f.
11.5employees
Generalcontractors(152Γ162)31,000s.f./office
Specialtradecontractors(171Γ179)13nonoffice
employees
Terminalandservicefacilitiesformotorvehiclepassenger31,000s.f./office
transportation(417)1Fleetvehicle
stored
onpremises
Motorfreighttransportation,storage,andwarehousing(421Γ423)31,000s.f./office
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11.5nonoffice
employees
1vehiclestored
onpremises
Wholesaletrade,durableandnondurable(501Γ519)31,000s.f./office
11.5nonoffice
employees
vehiclestored
1
onpremises
Buildingmaterials,hardware,gardensupplyandmobilehome41,000s.f./retail
dealers(521Γ527)space
1.5yardoropen
1
spaceemployees
Generalmerchandisestores,foodstores,apparelandaccessory1,000s.f./retail
4
stores,furnitureandhomefurnishings,andmisc.retail(531Γ549;space
561Γ573;and591Γ599;553)
Personalservice,beautyandbarbershops,etc.(721Γ729except41,000s.f.
7218)
Automotivedealers(551Γ559)(except553Γ554)1employee
1500
s.f./showroom
area
Gasolineservicestations(554),automotiverepair,servicesand2servicestall
garages
Eatinganddrinkingestablishment(581)101,000s.f.
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2Minimum,Plus
Bedandbreakfast1eachrentalroom
Footnotes:
Thesenumbersaretheminimumrequiredregardlessofbuildingorusesize.
Productinventorycannotutilizerequiredparkingpertheprovisionsofthissection.
Parkingrequirementsofthissectionmustbeaccommodatedonsiteandmaynotincludestreet
parking,withtheexceptionofusesintheMainStreetDistrictwithOverlayandMixedUse
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 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.
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(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.
FOOTNOTE(S):
10
--- () ---
Cross reference—
Vehicular parking facilities for mobile home park sites, § 98-98. (Back)
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\[11\]
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)
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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:
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(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.
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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,CodeofOrdinancesPage185
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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 shall be a monument or ground sign that does not
exceed eight feet 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.
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.
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ARTICLEVII.SIGNS
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.
(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).
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(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)
Sec. 106-877. Temporary signs.
(a) Subject to the provision of this section, temporary signs are prohibited except in the following
instances:
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(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:
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(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.
(Ord. No. 1501-Z, § 6, 12-22-97)
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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)
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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.
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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
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(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
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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)
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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)
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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)
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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)
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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:
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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.
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(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)
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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.
(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
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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. Pitched roofs shall count toward achieving vertical articulation, provided they are
65 degrees or less from horizontal.
BUILDING ARTICULATION EXAMPLES
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(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).
(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
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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 4.a 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 4.a 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 4.a above.
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.
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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.
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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.
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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.
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(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) 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.
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