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HomeMy WebLinkAbout08-24-1960 Special Meeting.~- • (az) • La Porte Planning & Zoning Commission Special Meeting - August 24, 1960 7:.30 P•• m• City Hall , Vice Chairman Fred Ruff presided in the absence of Chairman Walter Roberson. The roll was called by the secretary and the following members were present: Ruth Huddleston, R. A. McClendon, Bryan Moore Elsie Moore, George Norris., Fred Ruff, J. C. Woerner, Lois Compton, and Eugenie Miller. Also present were Mayor Harold P. Pfeiffer Commissioners W. A. "Billy"~S tabs Jr.~ and Odell Brown, City Secretary Frank Baker, City Attorney Charles Pitman, Jack Oliphant and Paul Kistler. The minutes of the August 15th meeting were read by the secretary. A motion was made by Elsie Moore and seconded, by R. A. ® McClendon that they be approved as read. Motion carried unanimously. Minutes of the August 22nd meeting were read b3' the secretary and a motion was made by Lois Compton and seconded by R. A. McClendo~i that they be approved as read. Motion carried unanimously:,: Elsie Moore made the following motion:: That the following motion passed at the meeting of August 15th-"A building may be moved into a "C Plus"', "C", "D", and "E" Single Family Dwelling District; provided, however, that the building meets the specification of this district and providing it is equal to the highest classification within 200 feet in any direction; aa~d provided, it is to be used. as a Single-Family Dwelling or accessory building.- If the building is to be used as an accessory building, however, it must be of the same general construction as the building proper and be of conforming use," be amended as follows:."A building may be moved into a "C3'lus"~ "C", "D" and "E" Single Family Dwelling District; provided, however that the building meets the specifications of this district and providing it is equal to ~~ r' (83) Page 2-La Port~lanning & Zoning Commmission-Sp~al Meeting gug. 24r 1960-Cont. the highest classification house within 200 feet of any point of building ® being moved. in; and provided9 it is to be used as aSingle-Family Dwelling or accessory building. If the building is to be used as an accessory building, however, it must be of the same general construction as the building proper and be of conforming use; and provided. further that plans and specification be sul~itted to the_~~lanning and Zoning Commission showing exact location of building on proposed site; nature of improvements, and these plans and specification are to be carried out within a 9p-day period~a this motion to replace wording under 1 .Moving Permits. Section 5. Other Reaulations,~ Article 165-7~ Article 165-8, Article 165-x, and Article 165-10 in the Preliminary Report Motion was seconded b9 Lois Compton and carried unanimously, Elsie Moore made a motion that in Articles 165-5, 165-.6, 165?, 165-8 165-q and 165-10 of the P.rel~arsr Reports on "Aa~.uBa~ aC Plus,a~aCa~ aD"~ AND aErn Single Family Dwelling Distriets~ under Section 2. Snecificationa. foundation requirements be deleted.. The motion was seconded by Eugenie Miller and carried unanimously. The following motion was made by Elsie Moore:~ In Article 165-3,, Section 2, (s) in Preliminary Report, Foundations read as follows:-aFaundations of buildings in all districts shall be so designed to carry the loads specified in the general use, heighth of walls and type of contruction; and in aA,a-aBp, aC Plusa Single Family Dwelling District, all founds.tions must be completely enclosed with a masonry walla The motion was seconded by Eugenie Miller and carried unanimously.. F1sie Moore made a motion that in Article 165.6 of the Preliminary Report (Definitions) No. 71 (Slabs Concrete) be deleted., Motion was seconded by :~xr~.~oor+s- a~td ;carried• unanimous ~_.,,. -- ... _.. _..~ ;.J Jack Oliphant appeared before the Commission to request a re-classification of Block 9, Garfield Avenue, From its present _ _ - r . ® Cam) Page 3- La Porte~la.nning & Zoning Commission-Sp~al Meeting-August 24,1960-Cont. classification of "C".. R.. A. McClendon made a motion that the Comms~ssion ~® re-classify Blocks 8, 9, 10, 11, 12, 13 and 49 as "B" Single Family Dwelling District; acid Block 118 to "C"'; re-classify the East half of 115, all of Blocks 112, 113, 114 to "C"; East half of 5, on 7th Street, East half of 116 and 12 5 on 7th Street, to "B" Class Single Family Dwelling Distract. The motion was seconded bg George Norris and carried unanimously.. A request by the Church of Christ to move a building from 8th Street, Lota 15 and 16, Block 5, to Lots ]1,. and 15, Block 331 on "F"Street was bu~ought before the Commission. A motion was made by " Elsie Moore and seconded by George Norris that the request be given to the Northside Advisory Committee headed by Dallas Akers for stud and disposition and the Commission would accept their recommendation. The motion carried unanimously... A motion to adjourn the meeting was made by J. C. ® Woerner and seconded by George .Norris. The date of the next meeting was not set and will be announced later.. ~. ..w._ "~.%~ '/ Fred Ruff, Vice-Chairman, ~ La Porte Planning and Zoning Commission La Porte, Texas Attest •- ~ EugenietMiller,"Se~t~. ~~~ ` TO THE MB'Y~R AND CIT3~ QOL~~Ii~35'IO~~t'~R'g 0~'. 21iE CITY OF LA PORTEt ~r ~~ W~REAS, by Ord#nance No. •5~ the Y~ayor and City Commiselon- ere of the City of La Porte vre~tsd a Planning and Zoning.C©mmisaion t~itk~ the ppimary duty of adopting a aomprebensive plan and report ~~ its plan an8 recommendations to the City Commission of the City oY La Porte; and, WKE~EAu, the Punning and Zoning Commission created by said ordinance immQdiately set about a study for planning and zoning the City; and, iVHE1~EA$, ~tbe Planning and Zoning Commission after numerous and frequent public meetings and nun'®roue and frequent bearings, ae reflected in the w~nutes of the Planning and Zoning Com?niesion, has com~e~ to a conclusion and Pi~Be ae follows, to-wit: 1. To provid® for an~orderly development and redevelopment of the~City of La Portia ae it presently exists, it is unanimously reeo~nmended that the enclosed .provislone for Planning and Zoning be adopted by the City Commissioners of the City of La Porte. 2. It is unenimoual,y the opinion of the Planning and Zonin$ Commission that the enclosed comprehevsive Zoning plan should be adopted ae a City Ordinance wittairi se abort a time ae possible in order that the citizen® oY the City of La Porte may hgve s compr~- beysive plan to rely upon mnd in order that furt~anr derrogation of property values may be brougbt to a halt. 3. It ie the unanimous opinion of the Planning and Zoning Commission'that the revommendatione made herein mill beet prompt e the health, safety, morale, and general ~relfare of the inr~abitante of the City of La Porte. 0 0 Chairman of the Planning and. Zoning Gommission A TT~T s. ~ . , ~~ ~. ~~ ~ ®cr ary o e ann ng an ~oni~g Commission .~ s ~~ ~"' .~ 2t , P vvv ~ ? - ~ / 3 - ~o~ -- . 7 -- z8'- z, ~ ~,,~,~3 ,. ~} Kn /r ~ ,mow ~~` ~L ,~ 1 s-z ~- ,~~, ~. !~ ~. i~.~o C C lTY ~ ~oN/~/G bC ,Ch foeeT~ Q~ ]~/A/tF//C',~ ~~~~~~ ..~~ • • ORDINANCE N0. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LA PORTE, TEXAS, ADOPTED OCTOBER 4, 1960; SUCH AMENDED ORDINANCE TO REGULATE THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND; THE HEIGHT, NUMBER OF STORIES, AND SIZE OF BUILDINGS AND OTHER STRUCTURES; THE SIZE OF YARDS AND OTHER OPEN SPACES; THE DENSITY OF POPULATION; AND FOR SAID PURPOSES TO DIVIDE THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS; PROVIDING THAT ANY PERSON OR CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION SHALL BE LIABLE TO FINE NOT TO EXCEED TWO HUNDRED ($200) DOLLARS, WITH EACH DAY OF VIOLATION CON9gTUTING A SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Commission of the City of La Porte deems it necessary in order to lessen congestion on streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concen- ~• tration of population; to facilitate the adequate provisions of transportation, water, sewage, schools, parks, and other public requirements; to conserve the value of property and encourage the most appropriate use of land throughout the City, all in accordance with a comprehensive plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, TEXAS: ~- ,. a • TABLE OF CONTENTS ' z~,~ ~~~~ ~: PART ONE: TITLE AND GENERAL PROVISIONS j /a ARTICLE ONE: TITLE -----=-------------.----------- 1 ~.Sectionl-100 -------------------------------- 1 ARTICLETWO: INTENT AND PURPOSE -----.------------ 1 .Section2=100 --------------------------------- 1 ARTICLE THREE: RULES FOR. DEFINITIONS - - - - - - - - - - - - - - 1 Section3-100 Rules----------------------------- 1 ARTICLE FOUR: INTERPRETATION OF ORDINANCE - - - - - - - - - l~* Section4-100 Interpretation ----------------------- ~~ ARTICLE FIVE: SEPARABILITY OF PROVISIONS - - - - - - - - - - - - 2 Sections-100 Separability ------------------------ 2 ARTICLESIX: EFFECT OF THE ORDINANCE -------------- Se~ction6-100 Effect; ---------------------------- .Z, ARTICLE SEVEN: DEFINITIONS ----------------------- 2 Section?-100 Definitions ------------------------- ARTICLE EIGHT: DISTRICTS ARE ESTABLISHED . - - - - - - - - - - - 9,1"x• Section 8-100 Establishment of Districts and Boundaries - - - - 9~ ARTICLE NINE:. DETERMINATION OF DISTRICT BOUNDARIES - - ~e~$ ,'" Section 9-100 Rules for the Interpretation of District Boundaries9al~ ~~ ~.~ ~ ARTICLE TEN: GENERAL PROVISIONS ------------------ ~o~ Section 10-100 Zoning of Newly Annexed Land - - - - - - - - - - - )b~ . Section 10-200 Zoning of Vacated Streets and Alleys _ _ _ _ _ _ _ fly Section 10-300' Corner Lots, Reverse -----=---------- -~ Section 10-400 Special Rule for Double Frontage Lots - - - - - - ~1 . Section 10-500, Principal and Accessory Buildings and Uses - - )I ~. Section 10-600 Permitted Obstructions in Required Yards and Open Space ----------------------- ~1~' ARTICLE ELEVEN: NONCONFORMING USES - - - - - - - - - - - - - - j~, Section 11-100 Nonconforming Uses .are Regulated - - - - - - - - l~ ARTICLE TWELVE: COMPLIANCE --------------------- ~ Section 12-100' CompUiance with `the Regulations - - - - - - - - - _ i3 • P RT TWO: DISTRICT REGULATIONS ARTICLE THIRTEEN: ZONING DISTRIC REGULATIONS _ _ _ _ _ _ ~,y ~ Section 13-100 neral Requireme is and Provisions - - - - - - S~1 . Section 13-200 ' Single-Family District Regulations ~5~9 ection_ 13_ 3~' ~ egulations Iq~3 ection 13-400 -'' t Regulations a~~ i.' ~~~ ~ ~ • '• ~_ __ ~ f ion 13-600 '!E" Duplex and Apartment - - - - - - - 29 Section - '.' " Apartme ice District - - - - - - - 31 Section 13-800 " " ~c 'ness District - - - - - - - - - - - 33 ~- .Section 0 "H" General Business - - - - - - - - - - 36 ion 13-1000 "I" Light Industrial District - - - -• - - - - - 40 Se „ „ t ---•------- ARTICLE FO URTEEN: PARKING, HEIGHT, AND AREA. • _ REGULATIONS ---------- ------- 3~.~ • Section 14-100 Off=Street Parking and Loading Requirements ~~~ Section 14-200 Height and Area Exceptions and Modifications ,~~ ~ PART THREE: ADMINISTRATION, AMENDMENTS, AND ENFORCEMENT ARTICLE FIFTEEN: ADMINISTRATION, AMENDMENTS, AND ENFORCEMENT -----------.-------- 54 Section 15-100 Certificate of Occupancy and Enfo~~cement - - 54 ARTICLE SIXTEEN: BOARD OF ADJUSTMENT - - - - - - - - - - - - 54 Section 16-100 Organization, Rules, Etc . - - - - - - - - - - - ~ 54 Section 16-200, Special Exceptions and Variances - - - - - - - 56 Section 16-300 Vote Necessary for Decision of Board of • Adjustment ---------------------- 58 Section 16-400 Notice of Public Hearings Before the Board of Adjustment -----------•---------- 58 Section 16=500 Appeals From the Board of Adjustment - - - - 58 •ARTICLE SEVENTEEN: AMENDMENTS TO THE ZONING ORDINANCE ----------- ------ 59 Section 17-100 Amendments -------------•-------- 59 ARTICLEEIGHTEEN: ENFORCEMENT ---------•-------- 60 Section 18-100 Penalty for Violation and Other Remedies - - 60 a(t'r~ ~ Lis' /ViNG Tk~N~ ~ Ff~c Ti v~ DifTE' _ _ ^ - - • - -~: -~ t;' r?:~ .I • ~ • PART ONE TITLE AND GENERAL PROVISIONS ARTICLE ONE:. TITLE SECTION 1-100' This. Ordinance shall be known, cited, and referred to as ~-./~~ ~; f p~ LaPorte Zoning Ordinance." ARTICLE TWO: INTENT AND PURPOSE SECTION 2-100 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 of LaPorte. 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 the overcrowding of land, to avoid undue concentr'a- tion o£ population, and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and public facilities. They have been made with reasonable consideration, among other things, for the character of the district, .its peculiar suitability for particular uses, and with a view of con- serving the value of building and encouraging the most appropriate use of ~•-•• land tiiroughout~the city. ~: ARTICLE THREE: RULES FOR DEFINITIONS SECTION 3-100 RULES , 3-101 For the purpose of this Ordinance, certain words and terms that apply to the Ordinance afire defined in:Article Definitions . 3-102' ~ ~ ~~ Words used in the present tense shall include the future, words '~ used in the singular number shall include the plural number, and words used in the .plural shall include the singular. 3-103. The word "shall" is mandatory and not discretionary. 3-104 The word "may" is permissive. i 3~-105 The word "lot" shall include the words "piece", "premises"., "tract", and "parcel", and except when specifically stated other- . , wise, shall mean a "building lot" . 3-106 ~ The word "building" shall include any structure designed or built for the support, enclosure; shelter, or protection of persons or ~!' property of any kind. _/- 9~ .. ® ~~ . 3-107 The phrase "used for" shall include the phrases "arranged for", "intended for", "maintained for", and "occupied for". - ARTICLE FOUR: INTERPRETATION OF ORDINANCE - SECTION 4-100 INTERPRETATION 4-101 ~ When interpreting and applying the provisions of this Ordinance, such provisions shall be held to be the minimLUn requirements for the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare. 4-102 Conflict with Other Laws. Wherever these zoning regulations _ require a greater width or size of yards, courts, or, other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left un- occupied, or impose higher standards than are required in any other statute or local ordinance or regulation, the provisions of this Zoning Ordinance shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width o'r size of yards, courts, or other open spaces, or require a lower height of building or a less number of stores, or require a greater percentage of lot to be left unoccupied, or im- ' pose other higher standards than are required. by this- Zoning Ordinance, the provisions of such statute or local ordinance or regulation shall govern. 4-103 If, because of error or omission on the Zoning. District Map, any property in the City of LaPorte is not shown and included in a zoning district, such property shall be classified as A First Residential District until changed by amendment. 4-104 No building, structure, or use which was not lawfully existing at the time of adoption of this Ordinance shall be, become, or be made legal solely by the adoption of this Ordinance. ARTICLE,.,FIVE: SEPARABILITY OF PROVISIONS SECTION -5-100 SEPA • ABILITY I is hereby declared to be the intention of the Mayor and City Commission of the City of LaPorte that the several provisions of this ordinance are separable, in accordance: with the following: 5-101 If any court of competent jurisdiction shall jucige any provision of this Ordinance to be invalid, such judgment: shall not affect any other provision of this Ordinance not specifically included in said judgment. •i ~~~ • • 5-102 If any court of competent jurisdiction shall judge invalid the ap- _~ plication of any provision of this Ordinance to a particular prop- -~~ ~ erty, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.. ARTICLE SIX: EFFECT OF THE ORDINANCE SECTION 6-100 EFFECT 6-101 All buildings erected hereafter, all uses of land or buildings established or changed hereafter, and all structural alterations, enlargements, relocations, and restorations of existing build- ings occurring hereafter shall be subject to the requirements and regulations of this Ordinance, and no land shall be used for and no building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located, except as hereinafter provided. 6-102 Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this Ordinance, and provided that construction is begun within ninety (90) days of such effective date and diligently prosecuted to completion, said building or structure may be .completed in ,., accordance with the approved plans on the basis of which the building permit has been issued, and further, upon completion, may be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to all applicable provisions of this Ordinance. ARTICLE SEVEN: DEFINITIONS SECTION 7-100 DEFINITIONS For the purpose of this Ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include. the plural and the plural the singular; the word "building" shall include the word "structure"; the word 'shall"• is mandatory and not directive; the word "lot" includes the word "plot''; the term "used for" includes the meaning "designed for" or "intended for''. Said words and terms are as follows: 7-101 ~.; Accessory.Building or Use. An "accessory building or use" is ' one which: (a) is subordinate to and serves a principal building or principal use; and (b) is subordinate in area, extent, or pur- pose to the principal building or principal use served; and (c) con- tributes to the comfort, convenience, and necessity of occupants _ - of the principal building or principal use served; and (d) is lo- ~.' Gated on the same building lot as the principal building or -~ 3 -- ~'Y l~ principal use served. "Accessory", when used in the text shall have the same meaning as accessory use. An accessory building ~ may be a part of the principal building. Servants quarters,. as ~=^ defined, are an accessory building or use. 7-102 Alley. An "alley" is a public right of way which affords a sec- ondary means of access to abutting property. 7 -103 ~ Auto Laundry. An "auto laundry" is a building;, or portion ~- thereof containing facilities for washing autornob.iles using pro- duction line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices . 7-104 Awning. An "awning" is ar.oof-like cover of a temporary nature that projects from the wall of a building. 7 -105 ~ Apartment. An "apartment" is a dwelling unit in an apartment • house. ' 7 -106 ~ Apartment House . An "apartment house" is a. building or any portion thereof, which contains three or more dwelling units . 7-107 Basement. A "basement" or "cellar" is a story wholly or part- ly (at least 50 per cent) measured from floor to ceiling, below the average level of the~•-ground surrounding tYie building. A basement or cellar is not counted when measL~ring the height of a building . ._. 7-108 Block. • A "block" is a tract of land bounded by streets, or by a combination of streets ~a-nd public parks, cemeteries., railroad right of way, airport boundaries, bulkhead lures (onshore lines) where no bulkhead lines have been established, or corporate boundary lines . 7 -109 Block Face. A "block face" is a side of a block facing upon a street, within which lots face the abutting street. 7 -110 . Board. The word "board" shall mean the Board of Adjustment established in section 16 of this Ordinance. 7-111 Boarding House. A, "boarding house" is a building other than a ' hotel, motel, or- apartment house, where for compensation and by pre-arrangement for a definite period, meals or lodging and meals are provided for three or more persons . 7 -112 Build: The word "build" means to erect, convert, enlarge, re- construct, or alter a building or structure. • ~ • 7-113 Buildable Width. The "buildable width" of a buildi.ng~ site is the width of the building site left to be built upon after the required side yards are provided. 7 -1 i4 Building. A "building" is any structure built for the support, shelter, or enclosure of persons, animals, chattels., or movable property of any kind. 7-115. Building, .Detached. A "detached building" is a building sur- rounded by yards or open space on the same building, lot. 7 -116' Building, .,Height. "Building height" is the number..of stories contained in a building. ?-1.i7 Building Line. A "building line" is the rear line of a required front yard which is generally parallel to the street line forming the front lot line. .~ 7 -118 ~ Building Lot. A "building lot" is a single tract of land located within a .single block which (at the time or filling for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control.. It shall front upon a street or approved place. Therefore., a "building lot" may not coincide with a lot of record. A "building lot" may be subsequently subdivided into two or more "building lots" subject to the provisions of this ordinance. 7 -119 Building, Mixed. A "mixed building" is a building used partly for residential use'and partly for community facility and/or commercial use. A mixed building is a commercial use. 7 -120 Building, Principal. A "principal building" is a. building in which the principal use of the lot, on which it is located, is con- ducted. All residential uses, except bonafide. servants quarters, are principal uses. 7 -121 Building, Residential. A "residential building" is a building which is arranged, designed, used, or intended to be used for residential occupancy-by one or more families or lodgers. 7-122 Cellar. See basement. 7-123 City.. The word "city" shall mean the City of LaPorte, Texas. f 7-124 City ,Commission. The words "city commission" shall mean the City Commission of the City of LaPorte, Texas . S ~' ® (~ 7-125 Clinic. • A "clinic" is the office of one or morE: medical doctors who may or may not have associated in the practice of their professions . 7-126 ~ Commission. The word "commission" shall mean the City Plan- ning and Zoning Commission of. the City of La]?orte. 7 -127 Court. A "court" is an open, unoccupied space, bounded on more than two sides. by the walls of a building. An inner court is a court entirelysurrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard, or other permanent open space. 7-128 Development, or to Develop. A "development" includes the con- struction of a new building or any structure or.: a building lot, the relocation. of an existing building on another building lot, or the use of open land for a riew use. To ~"develop" is to .create a development . 7-129 District. A "district" is a zoning district which is a part of the City wherein regulations of this ordinance are uniform. 7 -130 Duplex. A "duplex" is a building built for, occupied by, or in- tended for the occupancy of two families . 7 -131 Dwelling. A "dwelling" is a building or portion thereof but not a house trailer, designed and used ~exclusivel~r for residential occupancy, including one-family dwellings, tv~ro-family dwellings, and multiple-family dwellings, but. not including hotels, motels, or lodging houses. 7 -132 Dwelling, .Attached. An "attached dwelling" is one which is joined to another dwelling at one or more sidE:s by a part wall or walls . 7 -133 Dwelling, Detached. A "detached dwelling" i;s one which is en- tirely surrounded by open space on the same building lot. 7-134 ~ Dwelling,~Multiple-Family. ~ A "multiple-family dwelling" is a • building o~r portion thereof constructed for and/or occupied by three or more families and containing three or more dwelling units . 7-135 Dwelling, Single-Family. A "single-family dwelling" is a building containing only one dwelling unit and occupied. by only one family. 7-136 Dwelling, Two-Family. A "two-family dwelling" is a building ~, containing two dwelling units and/or occupied by two families . v ~~~ • • 7 -137, Dwelling Unit. • A "dwelling unit" is one or more rooms, which are arranged, des-igned, used, . or intended to be used for oc- ~.-= - cupancy by a single family or a group of persons living together .- as a family or by a single person. Individual bathrooms and • complete single kitchen facilities permanently installed are not necessarily provided. Each installation of kitchen facilities con- . sisting of at least a stove or cooking device and a sink shall • constitute a separate dwelling unit. • Apartment units in apart- ment hotels are dwelling units . 7-138 Family. A "family" consists of one or more persons, each re- latecl to the other by blood, marriage, or adoption; or a group of not more than five persons (excluding servants) who are living ' together in a dwelling unit. 7 -139 Filling Station. A "filling station" is any building or premises used for the dispensing., sale, or offering for sale at retail of any ,automobile fuels or oils. If the dispensing, sale, or offer- ' ing for sale is incidental to a public garage, the.premises shall • be classified as a public garage. 7-140 Garage, Private. A "private garage" is 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 accessory. ~. 7 -141• Garage, Public . A "public garage" is 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 . 7 -142 Health Service . A "health service" is a charitable or govern- ment operated facility offering to the public medical examina- tions, diagnosis, and limited treatment not for. profit. 7 -1.43 ; Home Occupations . • A "home occupation" is any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling purposes and which is carried on in •. the inai.n dwelling unit or in a garage not exceeding two normal car bays: . 7 -144 ' Hospital. ~ A "hospital" is a legally authorized institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, x-ray, and the prolonged care of bed patients . Clinics may have some but not all of these facilities. ? -145. Hotel. A "hotel" is an establishment offering lodging to the trans - ,~ Tent public for compensation. A hotel is distinguished from a `- motel in that access to the majority of the guest rooms is through a common entrance and lobby. A hotel is anon-residential use. 7 ® (~ 7 -146 .Hotel, Apartment. An "apartment hotel" is a hotel in which a - ~ majority of the dwelling units or guest rooms are occupied by permanent guests. Dwelling units or guest rooms-may include kitchen or cooking facilities . An apartment hotel may contain public banquet halls, ballrooms or meeting rooms, restaurants and lounges accessible to the public only through the lobby and having no exterior display. An "apartment hotel" is a residential use. 7-147 -Junk or Salvage Yard. A "junk or salvage yard" is a lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, in~:luding but not limited to scrap iron and other metals, paper, rags.;. rubber - ~ tires, and bottles . A "junk yard" includes an automobile wreck- ing yard and automobile parts yard. A "junk yard" does not in- clude such uses conducted entirely within an enclosed building. 7 -148 Lot Area . The "lot area" is the area. of a horizontal plan inter - cepted by the vertical projections of the front, side, and rear lot lines of a building lot. 7 -149 Lot Area per Dwelling Unit. "Lot area per dv~Jelling: unit" is the lot area required for each dwelling unit located on a building lot. 7 -150 Lot; Corner . A "corner lot" is a building lot situated at the intersection of two streets, the interior angle °of such intersec- - tion not exceeding 135 degrees . - 7 -151 Lot Depth. "Lot depth" is the me an horizontal distance between the front lot line and the rear lot line of a building lot measured within the lot boundary. 7 -152 Lot, Interior . An "interior lot" is a building lot other than a corner lot. 7-153 ~ Lot Line. A "lot line" is a boundary of a.building lot. 7 -154 -Lot Line, Front. A "front lot line" is that boundary of .a build- ing 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. 7 -155 Lot Line, Side . A "side lot line" is any boundary of a building lot which is not a front lot line or a rear lot line. . 7 -156 Lot Line, Rear . The "rear lot line" is that boundary of a 4 building lot which is most distant from and is, or is most near- .~~, ly, .parallel to the front lot line. 7 -157 Lot of Record. A "lot of record" is an area of land designated as a lot on a plat of a subdivision recorded persuant to statutes of the State of Texas with the County Clerk (of the County of Harris, Texas) or an area of land held in single .ownership des- cribed by metes and bounds upon a deed recorded or registered with the County Clerk. 7-158 Lot, Reverse Corner. •A "reverse corner lot" is a corner lot, rear lot line of the street which abuts the side lot line of the lot to its rear . 7 -159 Lot; Through. A "through lot" is 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 . 7 -160 Lot Width. The "lot width" is 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 line opposite from the front lot line and one which must touch the building line at one point. • 7 -161 Mar uee or Cano A "marquee" or "canop " is a rooflike q PY Y structure of a permanent nature which projects from the wall of a building and overhangs a public way. 7-162 Motel, Motor Hotel, or Tourist Court. A "motel", "motor hotel",. or "tourist court" is an establishment offering to the transient public the use of guest rooms or sleeping accommo- dations for compensation. Such an establishment consists of a group of attached or detached guest rooms or sleeping accom- modations; the majority of which have private and direct access from parking areas not through a common entrance and lobby. The establishment furnishes customary hotel services and may contain a club, lounge, banquet hall, and/or meeting rooms . A motel is anon-residential use. 7 -163 Motor Freight Terminal. A "motor freight terminal" is a building or area in which freight brought by motor truck is assembled and/or stored for shipping in interstate and intra- state commerce by motor truck. Amotor-freight terminal is a truck terminal. ~~ 7 -164 Nonconforming Use . A !'nonconforming use" i.s any building or -~ ~ land lawfully occupied by a use at the time of t:he adoption of this ~-r-; ordinance or amendments thereto, not permitl:ed by the use '~~ regulations, lot requirements, or other regulations of this ordi- nance., of the district in which it is situated. 7 -165 Noxious Matter . "Noxious matter" is materi~:l which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon th~~ physical or economic well-being or. comfort of humans . 7 -1.66 Open. Space . "Open space" is that part of a btiilding_.lot, includ- ing courts or yards, which: (a) Is open and unobstructed from its lowest level to the sky, (b) Is accessible to all residents upon a building lot, and (c) Is not part of the roof of that portion of the building con- ' taining dwelling units . 7 -167 Open Storage . "Open storage" is the storage of any- equipment, machinery, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use which is visible from any point on the building lot line when viewed from ground level to six feet above ground level. 7-168 Parking Space. A "parking space" is a surf iced area, enclosed or un-enclosed sufficient in size to store one automobile together with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress of an auto- mobile. A "parking space" shall not occupy ~Lny _public land. 7 -16'9 Public Parks . A "public park" is any publicly owned park, playground, beach, parkway, or roadway within the jurisdiction and control of the City. 7-170 Rest Home or Nursing Home. A "rest home" or "nursing home" . is a private home for the care of children or the aged or infirm 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. 7-171 Screening Device. ~ A "screening device" sha:Ll consist of a bar- rier of stone, brick, pierced brick or block, uniformly colored wood, or other permanent material of equal character, density, _ • ~~~~;~`: • • and acceptable design, at least six (6) feet in height, where the ._ solid area equals at least sixty-five (65) per cent of the wall . ~!. surface, including an entrance gate or gates . Such screening device shall be continuously maintained. 7-172 Servant's~Quarters. A "servant's quarters" is an. accessory building or portion of a main building located on the same lot as the principal building, occupied only by such persons and their families as. are employed full time by the occupants of the principal residence. 7-173 Sign.. A "sign" is a name, identification, description, display, . or illustration which is. affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, institu- tion., or business . A "sign" is not a display of official court or public office notices nor is it a flag, emblem, or insignia of a nation, political unit, school, or religious group. A "sign" shall not include a sign located completely within an enclosed . ' building . 7-174 Sign,. Advertising. An "advertising sign" is a sign which directs attention to a business,. commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the..premises where such sign is located, or to which it is affixed. 7-175 ~ Sign, Business. A "business sign" is a sign which directs atten- tion' to a business or profession conducted, or .to a commodity, service, -or entertainment sold or offered upon the premises . 7 -176 Sign, Flashing. • A "flashing sign" is any illuminated sign on which the artificial light is not maintained stationa.rily, or in constant intensity or color at all times when such sign is in use. For: the purpose. of this ordinance, any revolving illuminated sign shall be considered a flashing sign. ,• ?-177 Sign', Illuminated: An "illuminated sign" is any sign designed to give forth any artificial light, or designed to.reflect light from one or more sources, natural or artificial. 7-178 ' Single Family Home - A "single family home" is a building built, ,occupied, :or intended for the use of one family. ? -179 Story. A "story" is that part of a building between the surface of a Floor and the ceiling immediately above. 7 -180 Street. • A "street" is a public right of way which affords a ~~. primary means of access to abutting property. A driveway or l~ alley which serves only to give secondary vehicular access to a building lot or to an accessory parking or loading facility, or to allow vehicles to take or discharge passenger:. at the entrance to a building shall not be considered a.street. 7 -181 Street Line . A "street line" is the right of wa.y line of a street. 7 -182 Toxic Materials . "Toxic materials" are those: materials which are capable of causing injury to living or~ganis:ms by chemical means when present in relatively small amour.~ts. 7-183 Townhouse. A "townhouse" is a row of single-family attached dwelling units which constitute an architectur2.1 whole. 7-184 •~ Trailer Camp. A "trailer camp" is any premises on which one or more house trailers are parked or situated and used for living or sleeping purposes, or any premises used or•held out for the purpose of supplying to the public a parking sF~ace for one or more house trailers whether such vehicles st<<nd on wheels or rigid supports . . 7-185 .Trailer House. • A ~"trailer house" is a vehicles used for living or sleeping purposes and standing on wheels or on rigid supports, but which when properly equipped and situated can be towed be- ~. hind a motor vehicle . ~ 7-186 Use. The."use'! of property is the purpose or• activity for',which the land, or building •thereon is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of such activity with respect to the st;s.ndards of this ordinance . 7-187 Use, Principal. ~ A "principal use" is the main use of land or buildings as distinguished from asubordinate or.accessory use. 7 -1.88 Visual Screen. A '!visual screen" is a wall, :nst of living plant material, permanently affixed to-the ground in which the area of all openings and cracks• in each square foot oi: wall and entrance gates shall not exceed -14 square inches, and the wall is of suf- • ficient height so that the objects being screened are not visible • from any point on the lot line when viewed from any height be- tween ground level and 7 feet above ground level. No wall shall exceed 10 feet in height. 7-189 Yard. A "yard" is an open space on the same building lot with a building, unoccupied and unobstructed by any portion of a struc- ture 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 . ~ ~y ~:: ~ lot line shall be used. A "yard" extends along a lot line and at right angles to such lot line to a depth of width s~ecif.ied in the ~ yard regulations of the zoning district in which such building lot is located. 7 _ 190 Yard, Front. A. "front yard" is a yard extending along the whole length of the front lot line between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than steps and un- enclosed porches . 7 -191 .Yard, Rear . A "rear yard" is a yard extending, across the rear of a lot between the side lot lines and being the-minimum hori- zontal 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 . ?~-192 Yard, Side . A "side yard" is 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. 7 -193 Zoning District Map. The "zoning district map"._is the map or ; maps incorporated into this ordinance as a part hereof by ref- erence thereto . ~ ARTICLE EIGHTo DISTRICTS ARE ESTABLISHED SECTION 8-100 ESTABLISHMENT OF DISTRICTS AND BOUNDARIES 8-101 For the purposes of this Ordinance, the City is hereby divided into three (3) districts as follows: District ,~f ~~ ` Single Family and Duplex Residential District ,,.. District ~ C Apartment and Commercial District t District ~ ~ .Industrial 8-102 The location and boundaries of the districts herein established are shown upon the Official Zoning Map, which is hereby incorporated into this Ordinance. /- .. ~~ \ ,/ all notations, references, and other information shown thereon ' and all amendments thereto, shall be as much a part of this Or- dinance as if fully set forth and described herein. Said Zoning Map, properly attested, is on file in the office of the City ~e~ez-zt~rr~. ~-/~/~ o ARTICLE NINE: DETERMINATION OF DISTRICT BOUNDAR~IES~ SECTION 9-100 RULES FOR THE_INTERPRETATION OF DhSTRICT BOUN- DARIES Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following. rules shall apply: 9-101 Where district boundaries are indicated as approximately follow- ing the center lines of streets or highways , street lines or high- way right-of-way lines, such center lines, street lines, or high- way right-of-way lines shall be construed to be said boundaries . 9-102 Where district boundaries are so indicated that they approxi.- mately follow the lot line s_, such lot lines shall be construed to be said boundaries . 9-103 Where district boundaries are so indicated that they are approxi= mately parallel to the center lines or street lines of streets, or ' the center lines or right-of -way lines of highways , such district . bound~.ries shall be construed as being parallel thereto and at y such distance therefrom, as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use ~ ~ of the scale on said Zoning Map. 9-104 In unsubdivided property, the district boundary lines on the Zoning Map shall be determined by use of the scale appearir~g on the map. 9-i05 _ In the case of a district boundary line dividing a property into- two ~(2) parts the district boundary lines shall be construed to be the property line nearest the district boundary line as shown. ~ AnYr+ : s ~ ~ O ~'ts 9-106 Whenever any street, alley, or o er public way i.s vacated by official action of the City the zoning district adjoining 'each side of such street, alley, or public way shall be auto- matically extended to the center of such vacation -and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts . 9-107 ~ Where the streets or alleys on the ground differ from the streets " or alleys as shown on the Zoning Map, the streets or alleys on the ground shall control. . 1 .~ - 14 - ~, f ' ~r~ .~ ~ ~~ ~~- ARTICLE TEN: GENERAL PROVISIONS ~ ~_~ ~ ~~ ~ SECTION 10-100 ZONING OF NEWLY ANNEXED LAND ~.. 10-101 10=102 ~~~ ~~~ All territory annexed hereafter to the City of La Porte shall be temporarily classified as Single Family and Duplex Residential District, only until permanently zoned by the La Porte City Commission. Immediately after the annexation of any territory to the City of La Porte, the City Clerk shall commence any action necessary to the City Planning and Zoning Commission to recommend a permanent zoning classifi- cation. The procedure for making permanent such classification shall be the same as is provided by law for the adoption of the original zoning regula- tions . 13-~po> ~ ~ ~ ~ In an area temporarily class fied as Single Family and Duplex~Residential Distr ct, a zoning permit may be issued for the constr ction of structures or uses permitted in Section, Single Family Dis- trict Regulations, or other structures or uses,. provided an application for such structure or use be made to the City Clerk, who shall. in turn refer such application to the City ~ P~la~nn°ing and Zoning Commission for-c-o.n.sideration and recommendation to City Commis {sion. ~.. _ _~-._ _ y ~. SECTION 10 -200 ZONING '~V,~'~~C~"'~;.~D,S.~RE.ETS AND ALLEYS ' Whenever ~ . a street ~o•r alley that formecl~ .a dstr~cRt~~rb~©~m4~:ary is vacated by the City Com- mission, .adjacent districts shall extend to the center line of the street or • alley .vacate d. - _.. SECTION 10-300 CORNER LOTS, .REVERSE ~ On a~ revers.e corner lot in any dis-trict, the rear line of which abuts a lot zoned or designated for. ~• ~' ~ residential purposes, no structure or portion thereof shall :be located within . •~. five{'5) fe-et of any part of said rear lot line. Further, any portion of a .. structure which is located within fifteen (15) feet of such r.eax _lot line shall .~. observe. the same yard requirements on its side street side as.. awe specified ~~ .`~by:ths Ordinance for the lot which it abuts to its rear. _ r•~; • i [ .t - ~ . "~ " SECTION ZO -40.0 SPECIAL RULE FOR DOUBLE FRONTAGE LOTS Double . ,Frontage lots shall provide the required front yard on bath ~s.treets, except ;-; ..• where it is intended to back a structure upon a major thor.Q•ughfa~e; in such 'case, the~.required rear yard shall b~e .a minimum of twenty (20) feet and . ~ ~ ~shall~not be occupied by an accessory. structure. :. ,. SECTION 10-500 PRINCIPAL AND ACCESSORY BUILDINGS AND USES . .. - . ~. ,~~~ 4 . ~~ ,~ ~; ~ • '~ r. 1.0-~501~ ~ • A,11 residential uses and buildings; except servants' quarters, garage apartments, -and guest houses, as defined, are princi- pal uses and buildings . - „~ ., -ism ~ . ~ 'C . ~ ~ ^_ ~ 10-502 .Accessory buildings, except servants' quarter, _guest..ho.uses, - and garage apartments located in districts where .permitted, ~~ shall not be~ used for dwelling purposes . ~ ~ .~~'~ 10-503 In addition to those uses listed as accessory uses in the various district regulations, the following are also accessory uses to appropriate principal uses: . ' (1) Storage of goods used or produced by manufacturing activ- ities upon the building lot occupied by such activities, un- less such storage is prohibited by the district. regulations . (2~) The production, processing., cleaning, servicing, altering, testing, repairing, or storing of merchandise normally ~~ incidental to a retail service or business use if conducted by the same ownership as the principal use. (3) Off-street motor vehicle parking areas and loading facili- • - ties for the exclusive use of the owners, customers, clients, .and employees of the principal use. (4) Bomb and fall-out shelters . • 10-504 '. .Conformance with Regulations. All accessory uses shall con- • _, form to the regulations., including performance standards, if any, for the district in which they are located. SECTION 10-600 ,PERMITTED OBSTRUCTIONS IN REQUIRED YARDS AND . OPEN SPACE The following shall nit be considered to be obstructions when. located. iri~the required yards or open space specified: ': ~ ~ 1 . 10-601 In All Required Yards and Open Space. Open terraces not over four (4) feet above the average level of the adjoining g•.round but not including a permanently roofed-over terrace or porch; awn- , ., -sings and canopies; steps four (4) feet or less above grade which _ ~ . •' are necessary to provide access to a permitted building or for •:• • access to a building lot from a street or alley; chimneys .pro-. jetting twenty-four (24) inches or~less into the 'yard, abut not • occupying more. than two (2) per cent.of~ the required yard area; :~ . • ~ recreational aid. laundry drying equipment; flag poles; and fences . ~ ~' and' nonstructural walls not over six (.6} feet in. he_i.ght. In no `~- case. shall a fence or. wall or other screening device be of a 'height or located so as to cause danger to traffic by obstructing . . • . the •view . ~ No portion of a bomb or fall-out shelter shall extend ~~ more than three (3) feet above the surrounding ground level; - ~ this requirement shall not apply to necessary ventilation or tem- •~: perature control devices .and antennae . ' ~ - • ~~" • ,. - 16 - E 1 ~ ~ ~ ~ ~ - 10-602 In Front. Yards . One-story bay windows, balconies, and over- Y,~:~ - hanging eaves or gutters, none of which shall project more than ~~ ~~,~ ~ four (4) feet into the required .yards . 10-603 ~ In Side Yards . Overhanging eaves ~ or gutters projecting three .~ (3) feet or less into the required yards, but in no case shall . eaves or •gutters be~ closer than one (1) foot to the side lot line; and enclosed, attached, or detached off-street parking structures when accessory to apartment projects . 10-604 ~ In Rear Yards . ~ Enclosed, attached, or detached off-street park- . - ~ ing structures; open off-street parking spaces;servants' quarters; accessory sheds, tool rooms, and similar buildings 'or structures . ~ : ~ for domestic or agricultural storage; balconies; breezeways and - open porches; one-story bay windows; and overhanging eaves or gutters . ~ .. . ARTICLE ELEVEN: NONCONFORMING USES ~' ,SECTION• :11-100 NONCONFORMING USES ARE REGULATED . .. 11-1'01 ~ A nonconforming use is` a use which was lawfully established and . ~ :.. rriaint~ained at thetime of the pas sage of this Ordinance but which, '. ~ because of the application of this Zoning Ordinance to~ it, no longer J ~~~ ~ ~ conforms to the use regulations of the Zoning Distract in which ,: ~ it is located as ~define•d by this 'Ordinance. A nonconforming build- . ~ ~ ~ . ~, ~ ing or a nonconforming portion of a building shall be~~deemed to . • . ~ constitute a nonconforming use of the land upon which ~it~ is located. .... ~~ 11~-~~~02 The use of a lot of record which is nonconforming because of size shall be regulated by Subsection 9-104. . . Y 1-•:i03, Nonconforming uses are r_eg_ulated a.s follows: `~° ~, ~ (1 j They • may be continued . ~ ~T-^-~'_--~ ~ 1 ~ ~ ~~- ` _ - - a i . ~ - (a) They may be expand ~'or~ structurally altered, ,. , ~~ t ~~ ~ as hereinafte rovided, unless located in ee ~~ District , Single .Fami.l.y and .Duplex .Residential ,, -•~ District. A nonconforming use in "District ~, ~ ;; ., ~ Single Family and Duplex Res~ntial District, • ° which is~ a permittedt~e in Distric or a ~e~,. . ~' ~ nonconforming use in District ic~ierwi~ ,`. is a.lawfully established use, may be enlarged or~ .~', changed by-horizontal expansion upon but not • .~ .beyond the tract or lot of record upon which located as of the date such a use becomes noncon- ~;. '~ .~ .. ` forming; and any ~ enlargement or expansion shall "~ ~ not encroach upon any open space upon such lot that would be required as a yard if the use were ~_ ~, a . a conforming use in the district in which locat d. h, . • + • •'• • Y ~~ ~ ~ ~ • ~ ~~ r l / . -~ - . ~~ ~ o .~ . (3) ~ They shall not be enlarged or expanded vertically except - for the addition .of- cooling, heating, exhaust,. ventilating. _:-~. - appurtenances or facilities . ,a . (4) If a nonconforming. use or structure is damaged or destroyed . to an extent of more than sixty (60), per cent of its fair mar- ' ket value by fire, explosion, act of God, .or .the public enemy, then any restoration or new construction shall be for aper= . ~ mitted or conforming use, except that .if the lot upon which such damaged or destroyed nonconforming use was located is adjacent on both side lot lines to lots each occupied. by - ~ ~ a nonconf o rming use at the time a building..pe rmit is r e - quested for restoration or new construction, then such zoning permit may be granted, provided that there shall be no open storage upon the premises, that there .is compliance • with the yard 'requirements for permitted uses in the district in which the use is to be located. (5) The computing of the percentage of damage or destruction to • a nonconforming use composed. of a group. of individual .~ ~ ~ structures which are principal buildings shall be based on the fair market value of the entire development comprising . the group and not.-the individual structure ~~ 11-104 A. nonconforming use may be changed to another use of the same ~~~ r: - -- . • or a more restrictive district subject to the other regulations of -- • this ordinance. If a nonconforming use is changed to a use per- . ..~ mitted'in a more restrictive .district or to a conforming use, it shall not be changed back to a use of the original less restrictive ,. - - - - district. ~ .-. 11- ~~05 If a nonconforming, use of any structure or premises is discon- tinued for a period of one (1) year, the use of the same shall .• thereafter conform to the requirements of the district in which . . " " , it is located. The Board of Adjustment shall have the power :to _ . •' grant pan extension' not to exceed six (6) calendar months when • ...~ .•warran~ed to evidence resented. 11-106. ~ Special uses Article xisting in a permitted...district at ~~ .~~ , . . ,the time of adoption o t is Ordinance may expand without a . ~. ~ ~, sapecial permit upon the lot of record upon which it is located. 1 1-1.07 ~• . ~ No accessory use shall be construed to permit the keeping of . ', articles, goods; ~or materials in the open or exposed to the pub- ~. lic view. When necessary to store or keep such materials in ~~~ ~• •• the open, the storage area shall be enclosed by a solid fence at ,. . • least six (6) feet in"height. ~ ~ ~ '° ~, • 1 ~ .. ~ -_ • '~ • ~~ ~ , ~~ - '18 - ~ t • ,. v ARTICLE TWELVE: COMPLLANCE ~~' SECTION 12-100:. 'COMPLLANCE~`WI.TH THE REGULATIONS Except as here- inafter provided: 12-101 No land shall be used except for a purpose permitt.ed~ in the dis.- trict i;n which it is located. 12-1;.02 No building shall be erected, converted, enlarged, reconstructed, moved, or structurally,~~altered, nor shall any buildir~g~be used . ~ except for a .use p.er:mitted in the district in which such building is located. 12-i~03~ No bulding-shall be erected, converted, enlarged, reconstructed, . ~ or structurally altered to exceed the height limit herein established . ~ , for the district in which such building is located~..~~ 12-~:1~04 No building shall be erected, converted, enlarged, .reconstructed, or str.'ucturally altered except in conformity with the _area regu- ~. lation:s of the district. in which such building. is located. 12.-105 No building shall be e•r~ected, or structurally altered to~ the extent . ~ „ ~ specifically provided hereinafter except in :conformit~r with the off - star eet parking and loading regulations -of the .dis tr.ict in which such building is located . ~ ~ :_ 12=106 The minimum yards, .p~.rking spaces, and open spaces, including. . . ~ ~ ~ lot area per family, required by this Ordinance 'for. each and . every, building existing~~a~t the time of passage of this -Ordinance or for any building hereafter erected, shall not be~ encroached upon ~.~ c. ~ or considered as~ part of the yardor~ parking space or ~ope~n space. ~ x required for any 'other ~ building, nor shall any lot. area be reduced ~. ~. ~ below the requirements of this Ordinance, for the district in which ~ such lot is located. ~ .... .. . . ~ . . .~ 12-107 ~~ Every building hereafter erected o~r structurally altered shall be located on a lot as herein defined, and, except as hereinafter . provided, there shall not be more than one main building on one lot . ~~ . ; - .. ' n . ,; ' ~ ~a ,. ~, V ~, - 19 - ~ . ~` ,~~ C .. ~r ~,~ .. f, .,,, PART TWO DISTRICT REGULATIONS .~ ARTICLE THIRTEEN: ZONING DISTRICT REGULATIONS SECTION 13-100 GENERAL REQUIREMENTS AND PROVISIONS 13 -141 The regulations applying specifically to use , buildings , bulk, and premises within residential and commercial. zoning districts are set forth in this Article. Also applying to each zoning dis- trict are the regulations set forth in all other. regulatory and ' definitive articles and sections of this Ordinance . . 13-102 All buildings erected hereafter, ~ all uses of land or buildings established or changed hereafter, all structural alterations, enlargements, relocations of existing buildings occurring here- after, shall, in addition to the other regulations of this Ordi- nance, comply with the regulations of the zoning distri . which located, except in compliance with Subsectio 6-102 ~ f this Ordinance . 13-103 ~ A lot of record, which, on the effective date of. this .Ordinance, has an area or width less than herein required, may be used. for asingle-family dwelling o.r a permitted nonres-idential use, un- less the adjacent property is under the same ownership and could ` be replatt~ed to make conformity possible. .- +. .. -.I1.T1../`. TT/\T.T 7. 7~;,1~A./.~u.~~..1.=/~._1.1._C~.rTT/"~ T..L~.,.L~A_71./LT,FT _V_. nT1Z7iTT~`. T T: . ___. TN(':;.,,-117._ .T-__R_T_r: T R F.r.r_L.r...o ''r'rnrr_c SECTION -1' 3-2 0 0 .':.R-1" _SIN.G.LE-FAMILY .DWELLING AND DU?LEX DISTRICT REGULATIONS .. .. ; ,. 13-201 ~ Use Regulations: In "R-1'"~Sirigle-FamilylDwelling and Duplex District o and shall. ~ be ~ used ~ .and no buzlding -shall be - erected for or converted. `to any~~' use other. than: , .(1) 'A~~:=Single-Family R~esi~dence~. - , (2) Duplexes ..:,. . ,(3.) Churches, rectories,...:parish• houses, and convents in .~ conjunction with schools. (4) ~ Public parks Viand ~ public playgrounds and noncommercial . athletic ,fields; and publc.,~p:rivate, or denominationa'1 ' - ~ schools having a. curriculum. equivalent to a public elem- .~~ entary or secondary school,.. A.. kindergarten or day nur- sery school shall. be~allowed if in conjunction with a higher-level school or when operated as a function of a ~~- s .._ ~. ~ church. - _ ;~` •- . ~'~C~Si) Golf. Course, but not including miniature golf course, driving range, ~ or any forms of. commercial amusement. ~. • ~ ~ -20- ~~.-~, J: ~~ ~b) ~ _ ~ (~) S,. T. ;,~ \ . . ~_ ., C~~(~) (~) _ .. C~ ~ )(~) .-~: s '• ,; .~ ~.,~ = f ,f /O (~) f . 1) ~ _: r Community club facilities when organized 'for use of a particular residential development. Fire Stations . Accessory buildings , including a private_~garage, bona fide servants' quarters not for rent but for th.e u.se of servants employed on the premises , when detached from the main building and located not less than seventy-five. (75) feet from the front lot line, and not less than five (5) feet from any side property line . When the accessory building is directly attached to the main building by~a breezeway,' it ~~.~ shall be~ considered an integral part of the mairLbuilding. ~ . . The breezeway may be considered a~ part of the accessory :~ . building. When the breezeway extends into: th.e.~r.equi~r.ed~~~ :... rear yard, it, together with the main building.. and all other. . accessory building or buildings, may occupy .not more than one -third (l / 3) of the entire yard. Telephone exchange facilities, without business .offices, storage, or maintenance facilities, except as .:provided for in-Article 1::011 (i) of the Revised Civil Statutes of Texas . ~_ Railroad rights of way and tracks ; bridges , s ig~nals , and other railroad appurtenances except railroad yards , clas - s if ication tracks ,'•-team tracks , storage yards , ..passenger stations, freight 'stations, fueling facilities, fuel oil tanks, roundhouses , repair shops , offices., and. tie treatment facilities . --~ l( C ' ' es an :electrical erie~r facilities ~) Electrical faciliti d gy transformers; relay and substations; poles and wires; natural gas' handling and regulating stations;. anal private, public utility, and. common pipelines subject to,.,.the approval required under other ordinances; except-office buildings, - storage facilities, repair. and maintenance. facilities, and generating ~aciliti~es . _. ~. . ~ ~ ~~ , ~...• (1~) Temporary buildings to be used for construction purposes ... - . ~ ~ only and which shall be removed upon completion or a.ban.- • ~ .donment of construction work. Field offices fo.r the sale • ,' ~ ~ ~ of real estate which shall be removed upon request of the Building Inspector . . . ! ~~ . ~ ~ (I~) Farms, t.ruck...gardens, orchards, and nurseries for the "F ~ _ ~' growing of plants, shrubs, and trees, provided no retail ~~~ ~•' y~ or wholesale business sales office is maintained on the . premises and provided further that no poultry or livestock othe~r•,than normal household pets shall be housed within •~ ~ .' ~ one hundred`.(100) feet of any property lines . , .~~ - 21 - -- -- . .. ~ r~ r /'~ . - -.. . ( ]R3) Private boat docks and boathouses . /~ ~ /~": (~) Bulletin Boards and signs, illuminated or otherwise, but not o f the f la~s hirig ~o r Trite rmittent type , f.o r churches and _ schools, but not exceeding twelve (12) square feet in area • when attached to the building or when erected in the front '~{ yard behind a building line . Temporary signs pertaining to the sale or rental of property and not exceeding twelve (12) square feet in area are permitted behind the building- line, but shall be removed by the agent or owners imm~edi- . ately upon tYie sale or rental of the premises; provided, however, that.no signs advertising the sale or lease of any • premises, shall advertise the premises fora _$urpose for ~ . . which it is not legally zoned. • One larger sign announcing or describing a legally approved subdivision ordevelop- ment may be ~ temporarily erected on each approved plat or development; provided, however, that such. sign_ shall not •. exceed .two hundred (200) square feet in area; .provided, . however , that the location of such sign be ap.p.r o.ve d by the Building Inspector; that ~it shall be .placed so ~as not to inter- . . ~ f e r e with the occupancy or use of any lots in the subdivision and that it shall be removed upon the completion of sale of eight-five (85~%) per cent of the lots or dwellings in the sub- ~• division. °~~_ _ (].fir) Such uses as may be permitted by Article i; 'ra.,.~A...•,~ Special •Permits . r. ( ) -Hdme occupations, as defined in Article Seven, Definitions, ~. ~ ~J including only the following limited uses and subject to the special conditions listed in Item B of this subsection. r. .~ A. ~ Uses . .. ,. • (a) Art and' craft products.. . -. . ~ - .. • ' (b) Baking~of specialized products . t F • -,f =, ~ ~ (c) ~ Barber and beauty service.. -~ ~t . ,. (d~ Gunsmitheries . .. .. , .~ F . ~ (e) . Instruction of individual pupils in'music, arts, . ~ and crafts. - , •~ ~ ' (f) Lamp and lamp shade makirig.TY~~ P ~ • ~ ~~ - (g) Photography . ~ ~' . • .. (h) Sewing,,, dressmaking, millinery, and drapery ~~ fabrication. _ _ ~ • ~. ~ ~~~ ~~ 1 '~ . \ ~ % . w; ~i) Shoe repairing. ~,1.,. - (j) Sign and display production; °but--•not of an ~. ~ .. .. , . ~ electrica.l nature or wth_ . more: t_ han fifty • ~ ~ ~ ~ W ~ • . (50) ~ .squar.e feet in .area on any 'side. o .., .. .. ~ ~ (k'). Occupations .and. professions such. as those of ~~ ~. ~ . ~ accountants~,~• appraisers, .architects, engi- ~;~ ... :: .nears;- geo.l~ogists, .geophys.i;cists, attorneys, . ' . ~ ~ .- doc~tors';~ dentists , or salesmen. .. .. • ~ : • •~ ~ ~ . ,'~~::'(l); Repai.r .of radios;..; to:levision, small appli- . • ~ ~ ~ anc.es,. instrument.s,~~~ furniture, ~ or small machinery and equipment,~but;~not automobiles, trucks,. or motorcycles. ~~ ~. .:,-~. . ~ ~ ~ - - ~(m) ~~Any usesimilar ~~to . th.e ~abovement'ioned uses . ~ ~ ~ ~ ~ - ~ ~~" and compatible ~ with residential use in this '~ ~ . ' ~'~ - ~..~dis.tr.ict. ~ ... ' ....,. .. _. ., . .: ~. - .:~ •--• .: ~ B'. ~S.pecial C.onditions.., - .~ ~. ' •`' o ; •~ ~ ., :(.a.:)... ~On-ly one. employee;... not -. of the resident f amol.y, 1 ~ ~, shall be permitted. r . ' ~ ~ ~ _ ~ -, . •. ~~ ~ , . ~ F . •.~> (b j ~ ~>The r.e.. shall . be ono .advert s.i~ng other than one ' . ~. ~ ~ ~ ~ ~ ~ ~~~ ..~... ~ ~. ~ ~nonlluminate.d ~i.dent;if..c'ati~on sign of not . "~ more thanthree ~ ~ (3 )y square feet in area, ~~- ~ which sign shall be attached ..f latwis;e ,to the building _-~.... _:.~ _ s.._ . ...... . • ~~~~ ~~~a~'.t. ~ ~ ..~~ . -J ' : .' r~,-V `-(c~)~ a~T:here.-. s~hal.l.~~be.. no.other ~clis.p~layy or unen~- . :, ~ ~. . closed storage ,of :.mate,ria:ls ~or .equipmen.t ~.~. '.. ~~ ~ ~ ' .~~• ~~ : ~ .~~.or .o-ther ..exterior :.i.nd~cation~ of the home - - .~, .. • oc.c'upation•. which ';detra~ct.s~ from the resi- o .., ., ...a .. .- .. .' .., .. .. ,. .. d.ential . ,character or appearance of the ,, :- ~- ,..... .,,_ -..R, b.uild~ng. ... ~ .. . ~ ~' ~> o,~. ~ .~. ~: ~ ~ ~ ',~ t_ . ~.,. ~~(a~)~ ~~Such-'.home~.occupat.on' ~sha-11 ~~not generate .~ r ~ offensive noise, vibration, smoke, particu- . . ' .. •.. >r~ ,~ •l~ate..matt.er~, odorous. matter.,, heat, or . ~ s• ~, ; ~~• ~ ~~- ,.~:. .. ..glare. :. ._ ~ .. y~ .' :.. . ~._ ,.. ~~~, t. ..._.. .. .... _ ,~ .. .... `.w . • ~~, ~ ~ { ' ~~ . ~ .• - _" ~ ~ . ~ ~ ~ (e) Any home occupation i.nvole~rig products as ~' • ~ ~ ~ ~ y ~ ~~ ~ ~>mentioned above ~ shall ~ be° limited to custom ~;- production, repairing, or~•servicing. r In .~. ~ . - . 13,-~20~2 `; ;S~ecific.ation:. In "R-1" Single-Family Dwelling and Duplex District th..ere'shall be a living area of not less than one thousand fifty (1,050) square feet; duplexes:, ..not less than . ' ~ . ; ` square feet per dwelling unit. -•13-203 ; Hei ht.~ Regulations: ~To bui-lding shall exceed two (2) ,~-~ ~ ~ ~ standard stn i in ~ height. ~.. '. •- ~ `,~ 13-204 Area Regulationso , (1) Front Yardo There shall be a front yard having a minimum depth o f twenty-five ( 2 5) f eet o (2) Side Yardo The minimum side yard shall be five (5) feet or ten per cent of the lot, whichever is greater; .however, lots les s than ~f if ty ( 5U ) f eet in width shall provide a ~~ minimum side yard of three (3) feet, except that on corner lots, the side yard on the side street side shall be a minimum of five (5) feet. An accessory building in a rear ~~yard shall not be closer than three (3) feet to a side lot linen ., , (3) Rear Yarda All buildings shall be not less than twenty- . five (25) feet from the rear property line, except that a detached accessory building, may come within three (3) feet from the rear property~lineo (4) Area of the Loto All .building plots ~in this district shall contain not less than six thousand (6,000) square feet, subject to~the provisions of Section 13-1030 .. (5) Buildings on the Lot,v~ The buildings or building on any one (1) lot must not. exceed more than one-third (1/3) of the entire lot areao~ 13-205 Other Regulationso (1) Parking Spacea Off-street parking space shall be provided ~~-on the lot to accommodate one (l) motor car for each dwelling unit; however, no supporting member of any • ~_ garage, car port, or other automobile storage structure .° ~ ~ shall be located within the required front yardo -i~,r (2).Moving Permitse No building may be moved into an "A" Single-Family and Duplex Dwelling District unless it complies with all regulations in the Districto . ~~'~ (3)~ Fences o Front yard fences will not be permitted, side orf back yard fences will be permitted; providing, however, ' that they are constructed of wood or of galvanized chain link, and providing, that height does not exceed six (6) . f eet o a (4) No trailers or inoperable vehicles of any type may be .. parked or stored in the front yard of Single-Family ~~ and Duplex Dwelling Districto '1 ~ 0 ®P 6~ -24- ~~ /~ _ SECTION 13-300 °°R-2°° SINGLE-FAMILY DWELLING AND DUPLEX DISTRICT REGULATIONS 13-301 13-302 13-303 13=304 -. 13-305 t u Use Regulationso In °°R-2°' Single-Family Dwelling and Duplex District no land shall be used and no building shall be erected for or converted to any use other thano (1) Any use permitted in the °1R-1°° Single-Family Dwelling and Duplex District regulationso (2) Such uses as may be permitted in Article Fifteene Special Permitso Specificationo In °°R-2°° Single-Family Dwelling and Duplex District there shall~be a living area of not less than eight hundred fifty square feet (850); duplexes not less than eight hundred fifty (850) square feet per dwelling unito Hei ht Re ulations'o No bui~ling shall exceed two (2) Stan and stories in~heighto Area Regulationso The area regulations shall be the same as R- Single-Family Dwelling and Duplex Dis- trict Regulationso Other Regulationso The other regulations shall be the same as ~ _ u°R-1° Single-Family Dwellin a d Duplex District Regulations ~ °,,~ ~ ~~ ,4~ ~`' ,~,~..~~ 1'?~''~0 ~°i e~ x a ~:. .~'" ~~ ~~ ~~ ~ ~~' ~' \\, ~ ~ J SECTION 13-400 °1C°° APARTMENT AND COMMERCIAL DISTRICT ._, 13-401 Use Regulations: In the °1C" Apartment and Commercial District, no land shall be used and no building shall be erected for or converted to any other use than: (1} Any use permitted in the °°R-2" District. (2 ) Antique and gift shops . (3) Apartments, apartment hotels, hotels, motels, motor lodges, town houses, row houses, and patio houses. (4) Art and crafts, pottery, ceramics, and ornamental cement products. (5) Auction roomso (6) Automobile, motorcycle or trailer display, sales and rental, including the sale of small trucks when the sale of such trucks is not the principal activity. (7) Automobile laundrieso (8) Automobile gasoline service stations, including ' services customarily incidental theretoo • (9) Automobile glass, tire, muffler, and seat cover sales and installation. (10) Automobile parking lots and parking garages. (11) Automobile trailer dealerships, for example, °°U-Haul°°, only when in conjunction with an auto- mobile gasoline service station as an accessory use. (12) Bakeries, confectionery and candy retail sales, with -~ manufacturing and processing permitted as an t: accessory use. • (13) Battery rebuilding, but not including reclaiming or .~~ salvaging operationso ''-.(14) Blue prints and printing shopso "(15) Bottling workso (16 ) Bowling alleys . (17) Building material storage yard, provided ouch facilities shall be enclosed by a screening device as defined in Section 7-1710 • (18) Business or commercial schoolo `(19) Carpentry, painting, plumbing or tinsmithing shop. -- '. (20) Cleaning and dyeing plants, laundry. - .~ (21) Creamery, ice cream manufacturing and dairy operationso . ~(22) Dancing or music studioso . (23) Drapery fabricationo (24 ) Drug stores and pharmacies o (25) Engraving--steel, copper and photon (26) Faarm implement display and sales room. (27) Florist shops or greenhouseso (28j Frozen food lockers, not .including the processing of food except cutting and wrapping. (29) Funsmitherieso • ~• (30) Hardware saleso ~~ ~;. <. • -2 5- . / ~.. \ ' ~J . ~ . '~. ~~'3~. Ice Plants. • ~-~ 3~/. Je*.aelry and precision instrument manufacture, and ~~ lens grinding. . '~~~~ . ~~ 31~, Laboratories, medical and dental. ,~,~~ ~ 35~, Lamp and lampshade Tnalcing when conc'~ucted on a cus4om ~~'''" ~~ .~ individual unit basis . . 3?/ ~ 3(~, Launderettes, and self-service laundries. . ~ 3~. Linen, towel, diaper and similar supply services. i ~~. 3~. Liquor, beer and wine retail sales. 3 ~, Lounges, taverns and private clubs. ~ ~~ 4~. Meeting and assembly halls. 4 ~. Milk distributing stations. 4~. Mirror plating and glass cutting. . 4~ Mortuaries, funeral homes, and undertaking establish- ments. • 4~. Motor vehicle service shops for commercial and passen;er vehicles, including body repair, painting ~~'' ~ and enine rebuilding as principal activities. ' 4!~'. Museums . 4~. Newss tards and boolc and stationery stores . 4~p. Newspaper and magazine publishing. 4~1: Nursery stoclc.and garden ornament sales. 4~. Offices and office buildings. ' ~~. Parcel delivery stations. 5~. Personal service uses, including barber stops, beauty \ parlors, artist studios, messengers, taxicabs, tele- ' graphic services, dry cleaning and pressing, dress- - ~~ - malting, tailoring, shoe repairing, repair of household . ~. appliances and bicycles, catering, and other personal service uses of a similar character. 5~. Pet shops, retail. - '' ~ 5~ Photographers, portrait or camera shops, photo . ~' finishing, and picture framing. • 5~. Physical culture and health services, gymnasiums and reducing salon. ' 5~. Radio or television broadcasting station or studio. ' ~. - 5~j. Railroad and public transit facilities .other than ". ~ roundhouses, tie treatment, or c'lassifica~ion yards, and railroad or transit vehicle repair shops. ' ~ 5~. Rental shops, except that there shall be no rental . of heavy trucks or heavy construction equipment in = ~ connection therewith. . S.$I, Restaurants, cafeterias, and drive-in restaurants; a provided, that no drive-in restaurant shall be located - closer than one hundred (100) feet to any residential ,, ~ district boundary. " 5~, Retail food outlets, and supermarkets. ~1~. Rubber stamp manufacturing. . .6~. ~ Sign painting and fabricating shops. ' 6~. Signs (advertising) used in connection with and on the ame l.ot as the business establishments to which they s ~~ refer, except that they shall not be placed within _ any required yard nor ~~Jithin twenty-five (25) feet . • of any residential district boundary. 2 ~' ~3'`j~ i ~T ~.. ~ ~ ~~ . ~- '~.i 6~ Testing and technical laboratories. ~. Theaters, but not dri~~e-in theaters, G~'. Tire recapping and retreading. ~~: Trailer or mobile home sales area. 6~'. Upholstering shop, not involving furniture manufacturing. 6$9.. Variety stores . 6~ Veterinarian or animal hospital provided that no such building, ltennel or exercise runway shall be closer th~n fifty (50) feet to any residential district boundary. ~Q. tearing apparel outlets. 7 ~, Wholesale establishments and warehouses. 7$. Uses similar to the above mentioned permitted uses, provided the activities conducted observe the require- ments of aII city ordinances. 7~ Uses customarily accessory to the preceding~,princi uses, p 7~ Those uses as ma be A~•e% .xyee~ Pei} y permitted by ._, ~_. x . ,, ~. c~ ~~P~osea ~s v •\ ~~ !- Specifications: In the "1~" District, there shall be an area of not less than: ^~sa- (1) Single-Family Dwelling - square feet. ~~ .. (2) Duplex - square feet per dwelling unit. ._ ~ 3) Apartments - square feet for one bedroom apartment, plus one hundred (10.0) feet for each additional bedroom. (4) Office Buildings - 1500 square feet of floor area, exclusive ° of garages, car ports, and porches . ~ ~ • ~BGZ ~ s 13 - 3 He i ht Regulations : ~,~i~~d,~~o.;~.~:.s t~t,:uxe:~~.s.h.~:.1L~e~;c,~;~d axa.~:.awe:~~a.~.1.~~:x_2.-1/_2;:)::~.st_:an~ard.,.:stores: in~~heig::~:~. 13- 4 Area Regulations: ~~ _ _ (1) Front Yard: For a single-family dwelling, two-family dwelling, or multiple-family dwelling use, there shall be a front yard having a minimum depth of not less than twenty-five (25) feet. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streetso (2) Side Yard: No side yard shall be required for a retail use, except on~a corner lot, a side yard of ten (10) feet shall be required on the side street, for a single- family dwelling, two-family dwelling, or multiple-family dwelling use, a side yard shall be required on each side of .the lot at a minimum depth of ten (10) feet or ten (lOs) per cent of the average width of the lot,. whichever is smaller, but a side yard shall not be less than five (5) feet. No side yard shall be required where the "C" District is separated from a residential district by an alley. (3) Rear Yard: Where a lot or any portion of a lot is used for single-family, two-family, or multiple family dwell- ing use, there shall be a rear yard equal to twenty (20g) per cent of the depth of the lot. (4) Area of the Lot: Except as hereinafter provided all dwelling hereinafter erected, enlarged, relocated, reconstructed, or converted, shall be located upon lots containing the following areas: (a) A lot on which there is erected a single-family dwelling shall contain not less than six thousand (6,000) square feet. (b) A lot on which there is erected or converted a two- family dwelling shall contain an area of not less than three thousand (3,000) square feet per family. (c) A lot on which there is erected or converted a multiple-family dwelling shall contain an area of not less than one thousand two hundred (1,200) square feet .per family, however, any lot on which a multiple-family dwelling is erected shall contain a minimum of s ix thous and ( 6 , 0 0 0 ) square feet . (5 ) Width of Lot fifty (50) feet multiple-family fifty (50) feet (6 ) Parking Space : Residences dwelling. I'he minimum width of the lot shall be for single-family, two-family or use. Other uses may have less than of width. - one off-street parking space per Z $` `~ 5 Apartments:: ~.; two .,off-street parking spaces per dwelling. unite ~. Offices - Off-street parking space shall be provided on the lot to'accommodate a minimum of one space ;f or :each . two hundred ( 2 0 0 ) square feet of f loor .area. o. ,'... Other Uses As required :in Article 14, Parking Regulations o. .:. 13-~5 Other Regulationso (1) Retail, office, ,and,s,ervice buildings shall provide and maintain off-street facilities for the loading and un- loading of.merchandse.and~~good's.as required in Article 14, Parking Regulations;,. ~ '. (2) Temporary Buildings and/or .Trailerso (Used •for construc~ tion purposes onlyj.~shall be .removed upon completion or abandonment of construction.work,~ Temporary buildings and/or trailers cannot be used as.a place of residenceo (3) Trailerso The parking of house trailers shall not be .permitted in "C"-.Apartment and Commercial Districto (4 ) Moving Permits s ~.No ~ building ,shall be moved into °°C°° Apartment and Commercial Districto SECTION 13 0 °° I °° INDUSTRIAL DISTRICT . 13-01 Use Regulations: A building or premises shall be used only for the following purposes o: ~• (1) Any use permitted..~in the °°C°° Apartment and Commercial Districto ' (2) Uses that comply with all performance standards of this zoning district as:. hereinafter, established in Section 13406 0 -_ ~--.. (3) There shall be no buildings or. trailers for residential use; providedo however, that this shall not preclude housing for superv~isory,.~maintenance, or custodial personnel where industrial processes requirethem to live on the premiseso (4) Uses that may be .established by special permit in compliance with Section 13-405, .Special .Use Regulationso (5 ) Any uses established after the ~ of fective date of this ordinance shall comply with all•of the applicable performance standardso ~ ~ ~ ' (6) Any use existing prior •to the effective date of this ordinance, which is a nonconforming use because of its noncompliance with any of the ;performance standards applicable to it, may continue;-however, no enlargement, alteration, change,. ,~ replacement..a~ or •reconstruction of the use or its physical facilities shall cause greater noncompliance than that which existed at the time of adoption of this Ordinanceo ~~' ~~~ ~~ ~ ~ ~, ~, ~.i _ ~~~~"` (7) In addition to the performance standards specified hereinafter all regulations of the United States, the State of Texas, the County, of Harris, and the ~~~ City of La Porte relating to such matters as ~ nuisances, the emission of noxious, odorous, and toxic matter; the storage, manufacture, handling, trans- porting, and use of flammable and explosive materials; and radioactive materials shall applyo (8) No lot within the Industrial District shall be reduced in size or shape so as to cause or increase noncompliance of the use located thereon with any ,..,,. 't ~ ,~, ~ u. i ., ,.. ,. ,.. ~.. ,..,,, -, ,., .... ,. ~..... ,,. a ..... a ;~1, 13- (1) • (2) 3 / 13- 03 :' ~, ~ ~r ;.. .: Residential: Same as "~'" District. : • ~• °~ r Other Uses: No building shall exceed in .height the width of the street on which it faces plus the depth of the front yard. J Area Regulations: Y . r ' (1) Front Yard: ~_~ ~~.-~ -~ ~ ~ ~ ~~ ,'ate-'~~ Residential: Sameras "~'" District. -_ - . .'~ ~ Other Us•e:, Where none.of the frontage on either side t of the street between two intersecting streets is lo- . sated in a Residential District, no front yard is re- • quired. Where the frontage on one side of the street ' between two intersecting streets is located partly in ~~ District and partly in a Residential District, the ''~~" ont yard shall conform to the Residential District `, regulations for a distance of not less than three hun- . dred (300) feet from the district boundary. Where a .' front yard is required along the frontage on one side ~- of a street, the front yard requirements of the property • J directly opposite on the other side of the street shall ~~ . f be not less than twenty-five (25) feet. No parking, • ,, ~ ~ storage, or similar use shall be allowed in required .- f.rbnt yards in ' "District. s+ .~ .~r _ ~ ~_~p~~~ 1~~ ~~ I 2. 3. c e ~~~, \. ~ S ide Yard: ~~ ~ Residential: Same as "~'" District. Other Uses: No side yard is required except that a side yard or a side street yard of not less than twenty-five (25) feet in width shall be provided on the side of the lot adjoining or across a side street from a Residential District. No parking, storage, or similar use shall be allowed in required side yards or side street yards in District "~ Rear Yard: "~ r ~ ~'' Residential: Same as " "District. ~~ ~. ~~• Other Uses: No rear yard is required except that a rear yard of not less than fifty (50) feet in depth shall be provided upon that portion of a lot abutting or across a rear street from a Residential District, except that such yard requirement shall not apply where the prop- erty in the Residential District also backs-up to the rear street . ~,~ ~ ~,~...r-- ,~Q,a-~'Qi+.~C 4. Size of Lot: ~ '~' sf''' ~~ 5. Lot Coverage: ~ ~ _. ~_ a 13- Parking and Loading Regulations: Off- street parking and load- . ~~~ i~ng spaces shall be provided in accordance with the require- ; ments for spe is uses set forth in Section 14-100 /.~ o ~ ~° ----~ PERFORMANCE STANDARDS. • . `3 r ~~ Performance standards are hereinafter established for . • governing the following: noise, vibration, smoke and • ~ particulate matter, odorous matter, glare, fire and . :; • ~ ~ explosion hazards, and toxic and noxious matter. • _ 1. Any use established after the effective date of this ° Ordinance shall comply with all of the performance standards applicable to the use. 2. Any use existing prior to the effective date of this • Ordinance, which is a noncompliance with any of the • s e o \~ ~ ' • !3- SPECIAL USE REGUTATIONS ~ - -- Special uses may be authorized by a special permit grar_ted by the Board of Adjustment in appropriate cases and subject to certain conditions and safeguards as might be required by the Board of Adjjustment. The Board shall fix a reasonable tine for a hearing of the application, give public notice thereof, as *~~ell 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 by attorney. The purpose of such hearing by the Board shall be to determine tha'c the granting of the special permit will not adversely affect the character and appropriate use of the area or neighborhood in which it is proposed to locate; will not substantially depreciate the value of adjacent and nearby properties for use in accordance with the regulations of the zoning district in which they are located; and will be is keeping with the spirit and intent of this Ordinance; will not adversely affect the implementa:-ion of the Comprehensive Plan; and will not adversely affect traffic, public utilities, public health, gublic safety, amd thr general welfare. • • All applications for special permits shall be submitted with plans, in.auffici~tnt detail to determine the proposed use of the entire premises as well a.s all buildings and structures, to the zoning administrator who shall file and report on the mane to the City Planning Commission and the Board of Adjustment. . 1. The Board is hereby authorized to approve any and all additions or structural alterations to special uses after they have qualified and have been approved by the C;..ty Planning Commission. 2. Uses for which special permits may be secured, aub~ect to aZl conditions and safeguards prescribed herein or as may be further prescribed by the Board of Adjustment, are as follo:•rs: (a) Airport, landing field or landing strip; provided ade- quate clear zones can be established. (b) Amusement parks, commercial baseball or athletic fields, stadiums, rice trae.ka, circuses, carnivals, and fair grounds; provided such facilities conform to the performance standards relating to noise as se: forth in ~~ection ~, Performance Standards. The ill~:mfnation o~_~x facilities shall not exceed two tenths (0.2) 'foot-candle across the source property line when adjacent ~ ~/~ to a ReEidential District; however, such facilities are permitted the use o° rn illuminated zdverti3i~g sign or ~" ~ marquee provided such signs or marquees ors net locoted ' ~ within '~wenty-five (25) feet of any Rceidantiel District Boundary and the illumination of such signs or marquees Z • does not exceed two teethe (0.2) foci-candle across the source property line. (c) Cemeteries, mausoleum, or crematories; provided such facilities are enclosed by a screening device, as defined in Section 2, Definitions. (d) Drive-in theaters, provided they are located on a major thoroughfare and conform to the performance standards relating to noise and as net forth in subsection 10.04, Performance Standards. They shall be enclosed by a i screening device as defined in Section 2, Definitions. The illumination from such a facility shall not exceed two tenths (0.2) foot-candle across the source property line when adjacent to a Residential District; however, such facilities are permitted the use of an illuminated advertising sign or marquee provided such signs or marquees are not located within twenty-five (25) feet of any Residential District Boundary and the illumination of such signs or marquees does not exceed two tenths (0.2} foot- . candle across the source property line. (e) Golf driving ranges and miniature golf courses; provided the illumination of s~ich facilities does not exceed two tenths (0.2) foot-candle as across the source property lins when adjacent to a Residential District; however, sack facilities are permitted the use of an illuminated adver- tising sign or marquee provided such signs are not located within twenty-five (25) feet of any Residential District Boundary and the illumination of such signs or marquees does not exceed two tenths (0.2) foot-candle across the source property lice: (f) Hospitals for the care of alcoholics, mental patients, contagious disease patients, narcotic or psychiatric patients, or penal or correctional institutions; provided such facilities shall be located on a site of not less than five (5) acres. the main and accessory buildings ox structures shall not occupy more than ten (10) per cent o.' the total lot area. The main b;ailding or structure shall be set back from all property lines at least one (1) foot for each tiro (2) feet of additional height above forty- five (4g) feet. (g) Sand, gravel, and barrow pits; provided such oaerations conform to performance standards set forth in erection /.3•e~~ Performance Standards. At the time the special permit is granted, the Board may make special provisions for the restoration of such property to E usable condition after excavations have been terminated. • ~~ ~ • • (h) (i) (3) ~; • • Radio, television, or microwave broadcast or relay ~ tov;ers , ~~ ""~ ~ Sewage, refuse, or garbage disposal and~or ~ tment plants; provided such facilities confo o performance standard aet forth in ~h~ection , Performance Standards. Such facilities shall be enclosed by a ' screening device ae defined in Section ~ Definitions. / Trailers or mobile homes; provided all appropriate state~,~ / / 7J arm--eee~y- sanitation regulations are st= ictly observed. ~~ At least fifteen hundred (1,500) square feet of lot area per trailer shall be provided; no trailer shall be parked closer to the street than the required front yard set back, nor closer than thirty (30) feet to any proper~y line abutting or lying within a Residential Dis~rict, nor closer than twenty (20) feet to any other property line. A clearance of not less than fifteen (15) feet shall be maintained between trailer coaches on alY sides. Trailer coach spaces abut upon a hard surfaced driveway or acces3- way of not less than twenty-five (25) feet in vridth. No service building or other facilities for bathing, laundry, and sanitation as required by the state and local heal:'. regulations, shall be located closer to the street than the required front yard set back, not closer than thirty (30) feet to any property line abutting or lying within a Residential District, not closer than twenty (20) feet to any other property line. Such buildfr_ga or facilities shall be accessible to all trailer coaches by means of the access drives or hardsurfaced walks. 47herever practical, space shall be reserved for recreation and a playground. 3y~ performance standards applicable to it, may continue; however, no enlargement, alteration, change, replace- . ment, or reconstruct ion of the use or its physical facilities shall cause greater noncompliance than that which existed at the time of adoption of this Ordinance. 3. With respect to noise and vibration only, all measure- ments to determine operational levels shall be taken on a property line of the source property at a point which has the highest readings from the source of the charac- teristic being measured. 4. In addition to the performance standards specified here- inafter, all regulations of the State of Texas, the County of Harris, and the City of LaPorte relating to such matters as nuisances; the emission of noxious, odorous, and toxic matter; the storage, manufacture, handling, transporting, and use of flammable and explosive materials; and radioactive materials shall apply. 5. No lot within the Industrial District shall be reduced in size or shape so as to cause or increase noncompliance of the use located thereon with any applicable performance standard. 13- DEFINITIONS APPLICABLE TO INDUSTRIAL PERFORMANCE • STANDARDS. 1. Ambient: The average atmospheric condition existing naturally in any particular area of interest at any one time. 2. Decibel: A decibel is a unit of measurement of the • intensity of sound. 3. Displacement (Vibration): Displacement is the amount of motion involved in a vibration. As used in this ordinance, it applies to the maximum instantaneous vector sum of the three mutually perpendicular single amplitude components measured. Mathematically, it is equal to'the square root of the sum of squares of the three mutually perpendicular components. 4. Foot candle: A unit of illumination intensity. 5. Frequency: The number of times per second a vibration or sound wave will oscillate. The tone or pitch of a sound wave will depend upon its frequency. . ~9 6. Impact noise: A transient noise which does not remain at a particular intensity level for a sufficient time to be accu- rately measured on a sound level meter. 7. Impact noise analyzer: An impact noise analyzer is an instrument used in conjunction with a sound level meter to measure the peak intensity (in decibels) of a tran- sient noise. 8. Ionizing radiation: Gamma rays and x-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light. 9. Octave band: A portion of the audible sound spectrum. Octave band analyzers conveniently divide the audible band spectrum into eight (8) octave bands. 10. Odorous matter: Any solid, liquid, or gaseous matter including but not limited to gases, vapors, dusts, fumes, and mists which cause •an odor sensation to human beings. 11. Octave band analyzer: An instrument used in conjunction with a sound level meter to measure the sound intensity (in decibels) in each of the eight (8) octave bands that make up the significant audible range to which the ear is sensitive. An octave band analyzer that meets applicable requirements of the American Standards Association is suitable for use in determining compliance with this ordinance. 12. Particulare matter: Finely divided solid or liquid matter other than water which is released into the atmosphere. 13. Ringlemann Chart: A chart as described by the U. S. Bureau of Mines Information Circular 6888 and upon which are illustrated graduated shades of gray for use i~n estimating the light obscuration power of smoke. 14. Ringlemann Number: The next lowest shade number on the Ringlemann Chart which most nearly corresponds to the light obscuration power of the smoke being measured. For example, smoke opacity lying between No. 1 and No. 2 shades o~ gray on the Ringlemann Chart will be measured as Ringlemann No. 1 smoke. :~ • • 15. Smoke: The visible discharge from a chimney, stack, vent, exhaust, or combustion process which is made up • of particulate matter. lb. Sound level meter: A sound level meter is an instrument used to measure the total intensity of a sound (in decibels) • without regard to its frequency composition. A sound level meter that meets applicable requirements of the American Standards Association is suitable for use in determining compliance with this ordinance. 17. Three-component measuring system: Athree-component measuring system is an instrument or complement of instruments which records earthborne vibration simul- taniously in three mutually perpendicular directions. 18. Toxic and noxious matter: Toxic and noxious matter is any solid, liquid, or gaseous matter, including but not limited to gases, vapors, dusts, fumes, and mists which may be detrimental to or endanger the health, safety, comfort, or welfare Qf persons in the vicinty and/or cause injury or damage to property when pre- sent in relatively small amounts. 19. Vibration: Vibration is the periodic displacement of the earth measured in inches. • 13-STANDARDS APPLICABLE TO ALL INDUSTRIAL DEVELOPMENT. 1. Noise: Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made, neglecting background noises, using the flat network and the slow position of the sound level meter. Impact noises shall be measured with an impact noise analyzer in con- junction with the sound level meter. The measurement refers to the positive peak value. 2. Odorous Matter: The emission of odorous matter from any source shall be controlled so as not to cause or become a nuisance or source of discomfort to any point beyond the lot lines of the source property. • • • 3. Vibration: • Earthborne vibration levels shall be measured with a three-component measuring system approved by the Zoning Administrator. Vibration shall be expressed as displacement in inches. 4. Smoke and Particulate Matter: (a) Any use already established on the effective date of this Ordinance shall be permitted to be altered, enlarged, expanded, or modified, provided that the new source of smoke or particulate matter conforms to the performance standards established hereinafter for the district in which such use is located. The total emission weight of particulate matter and smoke from all sources, within the lot boundaries, shall not exceed the net amount per- mitted in the district in which the use is located after such alteration, enlargement, expansion, or modification. (b) Particulate matter and other dusts, borne by the winds from such sources as storage areas, yards, roads, and similar sources within the lot bound- aries shall be minimized by appropriate land- ' scaping, paving, or other means acceptable to the Zoning Administrator. (c) Open industrial operations involving dust-producing equipment or operations such as sandblasting, paint- spraying, feed and grain handling, and similar operations, shall be so conducted that such dusts do not cross lot lines in concentrations exceeding one million particles per cubic foot when measured at ground Level or inhabitable elevation, whichever is more restrictive. (d) Chimneys, vents, stacks, etc. shall have provi- sions for the insertion of a probe to determine the particulate loading of an effluent. Such provision shall be at the discretion of the Zoning Adminis- trator, and sampling procedures shall follow those published by the American Industrial Hygiene Association in its Air Pollution Manual, Part I, Evaluation. -xr~ ~~ 5. Glare: Any operation or activity producing intense glare shall • be performed in such a manner as not to create a nuisance or hazard across lot lines. In no case shall direct illumination from any source of light or direct • welding flash be visible in a residential district, nor shall reflected light from these sources exceed 0. 2 foot candles across the source property lines. b. Fire and Explosion Hazards: (a) Activities involved in the manufacture of materials or products which decompose by detonation are permitted only in the Industrial District and then only when specifically licensed by the City of LaPorte Fire Department. (b) Activities involving the storage and utilization of materials or products which decompose by detona- tion are permitted only in manufacturing districts, and then only when specifically licensed by the City of LaPorte Fire Department. Such materials shall include but not be limited to all primary ex- plosives such as lead azide, lead sulphonate, fulminates and tetrancene; all high explosives • such as TNT, HMX, PETN, and picric acid; propellants and components thereof such as ' nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explo- sives such as dynamite and nitroglycerine; unstable organic compounds such as liquid • oxygen, percholric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35 per cent; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239. (c) Explosives shall be stored, utilized, and manufac- tured in accordance with applicable local, state, and federal codes. (d) All applications for zoning permits for uses involy- ing fire and explosion hazards may be referred by the Zoning Administrator to the office of the Chief Fire Marshall of the City of LaPorte for • approval. Such approval shall indicate com- pliance with all applicable fire codes and ordinances of the City of LaPorte and shall • be indicated on the application within ten (10) days from the date s~xch application was made in the office of the Zoning Administrator. 7. Toxic and Noxious Material: In all manufacturing districts no activity or operation shall cause at any time the discharge of toxic or noxious matter across lot lines i~n such concentrations as to be detrimental to or endanger the health, safety, comfort, or welfare of persons in the vicinity or cause injury or p damage to property. 13- DISTRICT REGULATIONS. 1. Uses: A building or premises in this zoning district shall be used only for the following purposes: (a) Any use permitted in the 'Z" Light Industrial District regulations, or as provided in Section 13-1000. • (b) Uses that comply with all performance standards _ ~ ~~0 of this zoning district as hereinafter ester a /' j in Subsection 2, as well as those ards established in Section 13- Standards Appli- cable to All Industrial Development. (c) There shall be no buildings for residential use and no house trailers, provided, however, that this shall not preclude housing for supervisory, maintenance, or custodial personnel where industrial processes require them to live on the premises. 2. Performance Standards: ~/~Q (a) Noise: At the point of easurement, as described in Subsection 13- ~-3, the sound pressure level or impact level of any operation or plant shall not exceed the decibel limits for the octave bands designated in Column I below, unless the point of • ~~ .. • measurement is located on a property line which is also the boundary line of a Residential or Commefi'cial District or within eighty (80) feet of a Residential or Commercial District bound- ary line which is located within a street right of way, in which the limits set forth in Column II below shall apply. Octave Band Frequency Maximum Sound Levels -Decibels I II Residential District Cycles per Second Lot Line Boundary 20 to 75 81 75 75 to 150 76 70. 150 to 300 68 b2 300 to 600 61 55 600 to 1200 55 49 1200 to 2400 49 43 2400 to 4800 43 37 Above 4800 41 35 Impact Noise 83 55 ' Between the hours of 10:00 PM and 6:00 AM, the permissible sound levels beyond Residential District boundaries (both Column II and Impact) shall be six (b) decibels less than shown above. .~ (b) Vibration: At the poi of measurement, as described in Subsection 13- -3, earthborne vibrations from any operation or plant shall not exceed the limits set forth in Column II below, unless the point of meas- urement is located on a property line which is also ' the boundary line of a Residential or Commercial District or within eighty (80) feet of a Residential • or Commercial District boundary line which is located within a street right of way, in which case the limits set forth in Column II below shall apply. ~}~~ • I~ Frequency Displacement (Cycles Per Second) (Inches) 0 to 10 0. 0022 10 to 20 0. 0016 20 to 30 0. 0010 30 to 40 0. 0006 Over 40 0. 0005 III Displacement (Inches) 0. 0008 0. 0005 0. 0002 0. 0002 0. 0001 ~ Steady State -Vibrations: For the purpose of this Ordi- nance, vibrations which are continuous or, if in discrete pulses are more frequent than 60 per minute. Impact vibration, that is, discrete pulses which do not exceed 60 impulses per minute shall not cause in excess of twice the displacements stipulated. (c) Smoke and Particulate Matter: Smoke from any vent stack, chimney, skylight, window, building opening, or combustion process shall not exceed an opacity of Ringlemann No. 2 as observed on the Ringlemann Chart. However, once during any three-hours period, Ringlemann No. 3 opacity will be permitted but not in excess of five (5) minutes' duration. The emission of particulate matter from all sources shall not exceed 10 pounds per acre of property during any one hour. Dust coarser than 44 microns shall be limited to 0. 05 pound per acre of property during any one hour. (d) Toxic and Noxious Matter: The maximum permissible con- centratiort•of'toxic'and/br rioxious•matter shall be in accord- ance' with the "Maximum Permissible Concentration of Atmospheric Contaminants in Places'of Employment" as promulgated.by.the Texas State Department of Health, Division of Occupational Health, or the "Threshold Limit Values", adopted each year by the American Conference of Governmen- tal Industrial Hygienists, whichever is the most recent publi- cation. A ten (10) per cent concentration of the maximum permissible concentration shall be considered as the threshold limit for an industrial worker. In no case shall the concen- trations of toxic and/or noxious matter be released across source lot lines which will exceed fifty (50) per cent of the maximum permissible concentration, provided: ~'~ ~~ • (1) That adjacent property within 300 feet is not occupied and the concentration of toxic matter will be no more than 10 per cent M. P. C. at the nearest occupied property, or (2) That the proposed release of toxic matter shall be of such concentration across lot lines that no toxic effects will be detected. 13-1105 ~~ Same as District '~" 1106 AREA REGULA 1. Size o#J1Cards: Front Yard: Where none o e frontage on 'her side of the street betty n two intersect' g streets is locat d in a Resi ential District, front yard is re fired. Where a frontage ono side of the stree be- twe two intersecti•n streets is located artly i istrict "J" and artly in a Reside al District, he front yard sh 1 conform to the s idential • District regal ons for a distanc of not less than three h dred (300) feet fr m the district boundary. Where the fronta on one side of a street i in a Residential Commercial Distr' t, the front yard idth requirement he erty directly opp ite on the other side o t street shall be of less than fifty (50) fe No p rking, stor ge, or similar use shal e allowe in re gyred front yards in Distr' t "J" within t n -five (25) feet of the str t line. (b) Side Y ds: No fide yard is r aired ex pt that a side yard a side street ya of n less than fifty (50) • feet in width shall be vided on the side of • ~ the lot adjoining or a s the street from a I Residential or Cora ercia District. -51- ~~ • C~ 13-1107 2 3. Lot Cove age the "J"_ 'st'f`ict. RK ~~ING REGULATIONS ~~-. -str rkit3g d ing s~a.eesT ~.ce~tSra c e h in S 14-10 raa~is re rear •d is required except tha rear yard of not ss than fifty (50) feet in th sh be pro ded upon that por ' o abutting or ross a rear s fro Residential or Co er istri _~.... ize ot: No mum lot area~e~grii y in the " .~ strict. '' . ~~~ s~~ spec be provided Ei~xs s set fo . ~ - 13-1~r68' ADMINISTRATION OF INDUSTRIAL PERFORMANCE S/a STANDARDS. [7 1. A zoning permit for the construction, alteration, or enlargement of a manufacturing or similar activity will be issued only if the application for the same has affixed to it a signed statement by the owner, a duly authorized representative, and/or the certificate of an architect or engineer licensed by the State of Texas, certifying that the building or structure being constructed, or that portion being altered or enlarged and the proposed use thereof complies with all provisions of this zoning ordinance with respect to performance standards. The Zoning Administrator shall upon receipt of such appli- cation approve it and authorize the issuance of a zoning certificate, provided, however, that all other relevant provisions of this zoning ordinance are complied with. Within fifteen (15) days after the date of such approval, the Zoning Administrator shall examine said applica- tion and shall advise the owner, duly authorized repre- sentative, or architect or engineer in writing if the building or structure or portion thereof, or the use thereof, does not in fact comply with the performance standards. Failure of the owner, the duly authorized representative, or architect or engineer to show com- pliance within thirty (30) days of such notification shall be cause for revocation of the zoning permit. ~~ • • 2 . The Zoning. Administrator is hereby authorized to refer • any application for a zoning permit for an industrial or similar type activity or use to any department, office, or qualified person within the State, County, or City for review and commerit~. The purpose of such review shall be to establish compliance with all other applicable statutes, laws, or ordinances. Such review shall be made within the above-mentioned time period. 3. No occupancy p~e~rmit for any construction, alteration, or enlargement accomplished after the effective date of this ordinance shall be issued, and no addition or altera- tion to a previously existing building shall be occupied until the structure, alteration, or enlargement or the addition to a previously existing building shall have been completed and the premises inspected and certified by the Zoning Administrator to be in compliance v"t-ith all the applicable performance standards of the zoning dis- trict in which it is located. • TSB • f ARTICLE FOURTEEN: PARKING, HEIGHT, AND AREA REGULAT IONS SECTION 14-100 OFF-STREET PARKING AND LOADING REQUIREMENTS 14-101 Parking Requirements: In all districts there shall be provided at the time any building or structure is erected or structurally altered (except as provided in 14-102), off-street parking spaces in accordance with the following requirements: (1) Bowling alley: Five (5) parking spaces for each alley. (2) Business or professional office, studio, bank, medical or ' dental clinic: Three (3) parking spaces plus one (1) addi- tional parking space for each two hundred (200) square feet _ of floor area over five hundred (500). (3) Church or other place of worship: One (1) parking space for each four (4) seats in the main auditorium. (4) Community center, library, museum, or art gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2, 000) square feet. ]:f an auditorium is in- cluded as a part of the building, its floor area shall be de- ducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains . (5) Dance hall, assembly, or exhibition hall without fixed seats: One (1) parking space or each one hundred (100) square feet of floor area used thereof. (6) Dwellings, including single, two-family, and multi-family: One (1) parking space for each single family dwelling unit and spaces for each multi-family unit. GVO (7) Fraternity, sorority, or dormitory: One (1) parking space for each six (6) beds. (8) Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service shop: Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1, 000) . (9) Hospital: Four (4) parking spaces plus one (1) additional .parking space for each four (4) beds . C~ -~ • 1 (10) Hotel: One (1) parking space for each two (2) sleeping `~ rooms or suites plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein. (11) Manufacturing or industrial establishment, research, or testing laboratory, creamery, bottling plant, warehouse, printing or pumbling shop, or similar establishment: One (1) parking space for each two (2) employees on the maxi- mum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one (1) parking space for each six hundred (600) square feet of floor area. (12) Mortuary or funeral home: One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, par- lors, or individual funeral service rooms. (13) Motor-vehicle salesrooms and used car lots: One (1) parking apace for each eight hundred (800) square feet of sales floor or lot area. (14) Private club, lodge, country club, or golf club: One (1) parking space for each one hundred fifty (150) square feet of floor area or for every five (5) members, whichever is greater. (15) Retail store or personal service establishment, except as otherwise specified herein: One (1) parking space for each two hundred (200) square feet of floor area. (16) Restaurant, night club, cafe, or similar recreation or amusement• establishment: One (1) parking space for each one hundred (100) square feet of floor area. (17) Rooming or boarding house: One (1) parking space for each two (2) sleeping rooms . (18) Sanitarium, convalescent home, home for the aged, or sim- ilar institution: One (1) parking space for each six (6) beds . (19) School, elemer}tary: One (1) parking space for each ten (10) seats in the auditorium or main assembly room, or one (1) space for each classroom, whichever is greater. (20) School, secondary and college: One (1)'parking space for -= each eight (8) seats in the main auditorium or three (3) ' spaces for each classroom, whichever is greater. ~'"' ~, • • (21) Theater, auditorium (except school), sports arena, stadium, or gymnasium: One (1) parking space for each four (4) seats or bench seating spaces . (22) Tourist home, cabin, or motel: One (1) parking space for each sleeping room or suite. . 14-102 Rules for Computing Number of Parking.Spaces: In computing the number of parking spaces required for each of~the above uses the following rules shall govern: (1) "Floor Area" shall mean the gross floor area of the specific use. (2) Where fractional spaces result, the parking spaces required shall be constructed to the nearest ~+vhole number. (3) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature. (4) Whenever a building or use constructed or established after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for • an increase of ten (10) per cent or rnore in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to• the effective: date of this Ordinance is enlarged to the extent of fifty (50) per cent or more in floor area ~or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. (5) In the case of mixed uses, the parking spaces required shall equal the 'sum of the :requirem"e~nts 'of the various uses computed: separately:. ". 14-103 Location of Parking Spaces: All parking :spaces required herein shall be located on the same lot with the building or use served, except as follows: (1) Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are pro- vided collectively or used jointly by two (2) or more buildings . or establishments, the required spaces may be located not to exceed three hundred (300) feet from an institutional build- ing served and not to exceed five hundred (500) feet from any other non-residential building served. ~~~ • • (2) Not more than fifty (.59) per cent of the parking spaces re- quired~ for / 1 /~. theaters, bowling alleys, dance halls, night clubs or cafes, and not more than eight (80) per cent of the parking spaces required for a church or school auditorium may be provided and used jointly by /2/ . similar uses not normally open, used, or operated during the same hours as those listed in / 1 / . ; provided, however, that written agreement thereto is properly executed and filed as specified below. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be prop- erly drawn and executed by the parties concerned, approved as to form by the City. Attorney, and shall be filed with the application for a building permit. 14-104 Minimum Dimensions for Off-Street Parking: (1) Ninety (90) Degree Angle Parking: Each parking space shall be not less than eight (8) feet wide nor less than eighteen (18) feet in length. Maneuvering space shall be in addition to parking space and shall not be less than twenty-four (24) feet perpendicular to the building or parking line. (2) Sixty (60) Degree Angle Parking: Each parking space shall be not less than eight (8) feet wide perpendicular to the parking angle nor less than seventeen (17) feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than twenty (20) feet perpendicular to the building or parking line. (3) Forty-Five (45) Degree Angle Parking: Each parking space shall be not less than eight (8) feet wide perpendicular to the parking angle nor less than sixteen (16) feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than eighteen (18) feet perpendicular to the building or parking•line. r ~ (4) When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement. . ~~ • • (5) Where off-street parking facilities a.re provided in excess of the minimum amounts herein specified, or when off- street parking facilities are provided but not required by~ this Ordinance, said off-street parking facilities shall comply with the minimum requirements for parking and maneuvering apace herein specified. 14-105. Off-Street Loading Space: Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarly in- • volving the receipt or distribution by vehicles of materials or .merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements: ~'~~ (1) In District ,one (1) loading space for each ten thousand (10, 000) feet or fraction thereof, of floor area in the building. ~ • ~ ~ ,i • (2) In District one (1) loading space for the first five thousand (5, 000) to fifteen thousand (15, 000) square feet of floor area in the building and one (1) additional load- ing space for each fifteen thousand (15, 000) square feet, or fraction thereof, of floor area in excess of fifteen thousand (15, 000) square feet. •. (3) ~~~SECTION 14-200 Each required loading space shall have a minimum size of ten (10) feet by twenty-five (25) feet. HEIGHT AND AREA EXCEPTIONS AND MODIFICATIONS 1.4-201 Height: (1) The height regulations prescribed herein shall not apply, to television and radio towers, church. spires, belfries, monu- ments, tanks, water and fire towers, stage towers, or scenery, lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors, flag poles, electric display signs and necessary mechanical appurtenances. (2) Public or semi-public service buildings, hospitals, insti- tutions, or schools, where permitted may be erected to a height not exceeding sixty (60) feet and churches and other places of worship may be erected to a height not exceeding seventy-five (75) feet when each of additional building height '~ above the height regulations for the district in which the building, is located. ~~~ t • (3) No structure may be erected to a height in excess of that permitted by the regulations of such airfield zoning ordi- ~~ Hance as may exist at the time and whose regulations apply to the area in which the structure is being erected. 14-202 Front Yards: (1) Where twenty-five (25) per cent or more of the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building or buildings with front yards of less depth than required by this Ordinance, or where the configuration of the ground is such that con- formity with the front yard provisions of this Ordinance would work a hardship, the Board of Adjustment may permit modifications of the front yard requirements . (2) In Residential Districts, where twenty-five (25) per cent or more of the frontage upon the same side of a street be- tween intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than is required by this Ordinance, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than • ~ the least depth of any such existing front yards, unless by permission of the Board of Adjustment. (3) In a residential district no fence, structure, or planting higher than three and one-half (3-1/2) feet above the estab- lished street grades shall be maintained within twenty (20) feet of any street intersection. (4) Open and unenclosed terraces or porches and eave and roof extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however, that no supporting structure for such extensions may be located within the required front yard. An unenclosed canopy for a gasoline filling station may extend beyond the building line but shall never be closer to the property line than twelve (12) feet. The building line of a gasoline filling station shall mean the actual wall of the building and shall not be interpreted as being the curb of a walk or driveway or as the front of a canopy or the columns supporting same . (5) Where an official line has been established for future widening or opening of a street upon which a lot abuts, then the width ' of a front or side yard shall be measured from such official ~ line to the nearest line of the building. ~~ ~~~ a 14-203 Side Yards: (1) On a corner lot the width of the yard along the side street • shall not be lees than any required front yard on the same side of such street between.intersecting streets, provided, however, that the buildable width of a lot of record shall not be. reduced to less than thirty (30) feet. (2) No accessory building shall project beyond a required yard line along any street. (3) For the purpose of side yard regulations, atwo-family dwelling or multi-family dwelling shall be considered as one building occupying one lot. (4) Where a lot of record at the time of the effective date of this Ordinance is leas than fifty (50) feet in width the re- quired side yard may be reduced to provide a minimum buildable width of thirty (30) feet, provided, however, that no side yard be less than five (5) feet. (5) The area required in a yard shall be open to the sky, un- obstructed except for the ordinary projections of window sills, belt courses, cornices, or other ornamental features . • (6) A roof overhand, an open fire escape or an outside stair- way may project not more than three (3) feet into a required side yard, but no closer than three (3) feet to a property line . 14-204 Rear Yards: An accessory building not exceeding twenty (20) feet in height may occupy not to exceed Ltiyenty-five (25) per cent, and unenclosed parking spaces may occupy not to exceed eighty (80) per cent, of the area of a required rear yard but no acces- sory building shall be closer than twenty (20) feet to the main building nor closer than five (5) feet to a~iy rear or side lot line. Y • • PART THREE ~. .ADMINISTRATION, AMENDMENTS, .AND ENFORCEMENT ARTICLE FIFTEEN: ' ADMINISTRATION, .AMENDMENTS, AND ENFORCEMENT SECTION 15-100 CERTIFICATE OF OCCUPANCY AND ENFORCEMENT 15-101 Certificate of Occupancy and Compliance. No building hereafter erected or structurally altered and no land hereafter occupied or used shall be used, occupied, or changed in use, and no building previously erected or land occupied or used shall be changed in use, until a certificate of occupancy has been. issued by the Depart- ment, stating that the building or proposed use of a building or premises complies with the requirements, regulations, and pro- visions of this Ordinance. Such certificate of occupancy may be issued upon an inspection made pursuant to the Building Code. 15-102 Enforcement Authority. It shall be the duty of the City Attorney of the City of LaPorte when requested by the Department and when the facts warrant to institute and prosecute such legal proceedings as may be advisable to enforce cs~mpliance with this Ordinance. ARTICLE SIXTEEN: BOARD OF ADJUSTMENT SECTION 16-100 ORGANIZATION, RULES, ETC. 16-101 Organization. There is hereby created a Board of Adjustment consisting~of five (5) members who are citizens of the City of LaPorte and who are not members of the City Commission or the City Planning and Zoning Commission, each to be appointed by the Mayor and confirmed by City Commission for a term of two (2) years and removable for cause by the appointing authority upon written charges and after 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. The Mayor shall also appoint and the City Commission shall confirm two (2) alternate members of the Board of Adjustment who shall serve in the absence of one or more of the regular members when requested to do so by ~~the Mayor; all cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. These alternate members, ,when appointed, shall serve for the same period as the regular members, and any vacancy shall be filled in the same manner and shall be subject to removal as the regular members. .~~~ f ~ 16-102 Rules and Meetings. The Board of Adjustment shall adopt rules of procedure in accordance with the provisions of this Ordinance. Meetings of the Board of Adjustment shall be held at the call of the chairman and at such other times as the Board of Adjust- - ment 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 Adjust- . ment 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 sY-all be immediately filed in the office of the Board of Adjustment and shall be a public record. 16-103 Powers and Duties . The Board of Adjustment shall have the following powers: (1) To hear and decide ~ appeals where i.t is alleged there is error in any order, requirement, decision, or determina- tion made by the administrative office in the enforce- ment of this Ordinance . (2) To hear and decide special exceptions to the terms of this • Ordinance upon which it is required to pass under Section 16-200 of this Ordinance. (•3) To authorize upon appeal in specific cases such variance from the terms of the Ordinance as will not be contrary • ~ to the public interest, where, owing; to special conditions, a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship, and so that the spirit of the Ordinance shall be observed and substantial justice done . 16.-104 Appeals to Board of Adjustment. Appeals to the Board of Adjust- ment may be taken by any person aggreived or by any officer, department or board, of the City. ~of LaPorte affected by any decision of the administrative officer. :iuch appeal shall be taken within a reasonable time, as provided by the rules of procedure of the Board of Adjustment, by filing with the admin- istrative officer from whom.the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds •thereof . The administrative officer froxn whom the appeal is taken shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed f rom~ was • taken. • sr~ ~. • • . 16-105 When Appeal Stays All Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative officer from whom the appeal is taken certified 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 of by a court of record on application on notice of the administrative officer from whom the appeal is taken and on due cause shown. 16-106 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 by attorney. 1.6-i07 Action on.Appeal. In exercising the powers set forth in Sub- section 16-103, the Board of Adjustment may, in conformity with the provisions of this Ordinance, 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 administrative officer from whom the appeal is taken. 16-108 Applications for Special Exceptions and Variances . All applications for special exceptions to the terms of this ordinance and for variations from the terms of this Ordinance shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefor. Each such application shall be filed with the administrative officer who after investigation shall transmit such application together with his report to the Board of Adjustment within ten (10) days after the filing of the applica- tion with the administrative officer. 16-109 Hearings on Applications for Special Exceptions and Variances . The Board of Adjustment sliall fix a reasonable time for the hearing of all applications for special exceptions and variances, 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 by attorney. SECTION 16-200 SPECIAL EXCEPTIONS AND VARIANCES 16-201 Granting of Special Exceptions. The Board of Adjustment is here- by empowered to permit the following exceptions provided its action is in harmony with the general purpose and intent of this Ordinance and does not injure the health, safety, morals, or the general welfare of the occupants of nearby properties . ~~r • • (1) Permit such modifications of the height, yard area, spacing _ and parking regulations as may be necessary to secure appropriate development of a parcel of land of such unusual topography or restricted area and shape that it~cannot be appropriately developed without such modification. (2) Permit such modification of the parlcing regulations as may be warranted by'the unusual character of a proposed use. (3) Permit the use of a lot or lots in a residential or a Community Unit District, which lot (or lots) is adjacent to a commercial or industrial district, even if separated therefrom by an alley or by a street, for the parking of passenger cars under such safeguards and conditions as may be desirable to protect the more restricted adjacent and nearby properties, provided no other business use is made of the lot, - , (4) Grant a permit for the extension of a use into.an adjoining district, where such extension would constitute•a noncon- forming use and where the lot upon which the existing use is situated extended into the adjoining district and is in single ownership~at the time this Ordinance is adopted. (5) Permit the reconstruction of a building occupied by a non- ~• conforming use provided such reconstruction does not prevent the return of such property to a conforming use. (6) Determine in cases of uncertainty the classification as to district of a use not specifically narrLed in this Ordinance, provided, however, that such use shall be in keeping with uses specifically named in the district regulations . 16-202 Granting of Variances. The Board of Adjustment is hereby authorized upon appeal from the decision cif the administrative officer to grant in specific cases such variance from the terms of this Ordnnnance as will not be contrary to the public interest, where, owing to special conditions,' a litez•al enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done. 16-203 Limitation on Special Exceptions and Variances. Any special exception or variance authorized by the Baard of Adjustment. shall constitute authority to authorize the issuance of a zoning permit or a certificate of occupancy, as the case may be, if applied for within one hundred twenty (120) days from the date of favorable action on the part of the Board of Adjustment, unless such Board of Adjustment authorizes a longer period. If the zoning permit or certificate of occupancy shall not have been -~ s~ • t _ applied fo•r within said 120-day period, or such extended period ,~ as the Board of Adjustment may have authorized, then the grant of the special exception or variance shall terminate. Such ter- mination shall be without prejudice to a subsequent application to said Board of Adjustment in accordance with the rules and regula- tions regarding applications . No application to the Board of 'Adjustment shall be allowed on the same piece of property prior to the expiration of six months from a ruling of the Board of Adjustment on any application to such body unless other 'property in the same block or within five hundred (500) feet thereof, within such six-month period, has been altered or changed by a ruling of the Board of Adjustment, in which case .such change or circumstances shall permit the allowance of such an application but shall in nowise have any force in law to compel the Board of Adjustment, after a hearing, to grant such sub- sequent application, but such application shall be considered on its merits as in all other cases. SECTION 1~-300 VOTE NECESSARY FOR DECISSION OF BOARD OF ADJUSTMENT The concurring vote of four (4) members of the Board of Adjustment shall be 'necessary to reverse any order, requirement, decision, or determination • of the administrative office or to decide in favor of the applicant on any matter upon which it is required to pass. under this Ordinance, or to effect any variation in this Ordinance . SECTION 16-400 NOTICE OF PUBLIC HEARINGS BEFORE THE BOARD OF • ADJUSTMENT. 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 of LaPorte stating the time and place of such hearing, which time shall not be earlier than ten (10) 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 two hundred (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 deter- mined according to the last approved tax roll of the City of LaPorte. Such notice may be served by depositing the same, properly addressed and post- age paid, in 'the City Post Office. SECTION 16-500 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 of LaPorte may present to a court of record a petition for a writ of certiorari, as provided by Article 101 lg of the Revised Civil Statues of Texas, 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 (10) days after the filing of the decision in the office of the Board of Adjustment. s"~' • • ARTICLE SEVENTEEN: AMENDMENTS TO THE ZONING ORDINANCE _ i S. The Cit Commission ma from time to SECTION 17 -100 AMENDMENT y y time, a • its own motion or on petition, amend, supplement, change, modify, or repe~ the regulations, restrictions, and boundaries herein established. In additio a comprehensive review of the zoning ordinance test and maps shall be de by the City Planning and Zoning Commission at least every five (5) years, and a report and recommendation thereon shall be filed with the Mayor and City Commission. The five-year time period shall commence upon the date of adoption of this Ordinance. 17 -101 Public Hearing Before• the City Planning and_ Zoning Commission. Before taking any actiori~on any proposed amendment, supplement, change, or modification, the City Commission shall submit the same to the City Planning .and Zoning Commission which shall make a preliminary report and hold a public hearing hereon be- fore submitting its final report to the City Commission. 17 -102 Notice of Public Hearing Before City .Planning Zoning Commission. 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 two hundred (200) feet of the property on which the change in classification is proposed, such notice to be given, not less than ten (10) days before the date set for hearing, to all such 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. Where property lying within two hundred (200) feet of the property proposed to be chang- ed is located in territory which was anne~:ed to the City after the final date for making the renditions which are included on the last approved city tax roll, at least fifteen (15) days notice of the ' time and place of such hearing shall be published once in a news- paper of general circulation in the City of LaPorte. In the event a public hearing shall be held by the City Planning and Zoning Commission in regard to a change of the LaPorte Zoning Ordinance not involving particular property but involving a change in the ' Ordinance generally, notice of such hearing shall be given by publication once in a newspaper of general circulation in the City of LaPorte stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the day of such ' publication. 17-103 Public Hearing Before City Commission. A public hearing shall be held by the City Commission before adopting any proposed amendment, supplement, change, modification, or repeal of the regulations, restrictions, and boundaries herein established. -~~ • • ~., Notice of such hearing shall be given by publication once in a newspaper of general circulation in the City of LaPorte, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the day of such publication. 17-104 Joint Hearings of City Commission and Citv Planning and Zonin Commission. Any public hearing required by this Ordinance to be held by either the City Commission or the City Planning and Zon- ing Commission may, at the election of the City Commission and after due notice as hereinbefore set forth in Sub-section 1`7-102, be held as a joint public hearing of both the City Com- mission and the City Planning and Zoning Commission, but the City Commission shall not take action until it has received the final report of the City Planning and Zoning Commission. The City Commission shall act upon such motion or petition within sixty (60) days from the date the final report of the City Planning and Zoning Commission was submitted to the City Commission. 17-105 Protests. In case of a protest against any such amendment, supplement, change, or repeal of the regulations, restrictions, and boundaries herein established, filed with the Zoning Adminis- ~. trator and signed by the owners of twenty (20) per cent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending two Hundred (20.0) feet therefrom, or of those directly opposite. Thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendment, supplement, change, • modification, or repeal shall not become effective except by the favorable vote of three fourths (3/4) of all the members of City Commission. ARTICLE EIGHTEEN: ENFORCEMENT SECTION 18-100 PENALTY FOR VIOLATION AND OTHER REMEDIES 18-101 Misdemeanor and Fine. Any person or corporation who shall violate any of the provisions, requirements, and regulations of this Ordinance or fail to comply with any of the requirements thereof, .or who shall build, use, alter any building, or use any land or building in violation of any detailed statement or plan submitted and approved hereunder, or in a manner not permitted by a certificate of occupancy or a zoning permit, shall be guilty of a misdemeanor and shall be liable to fine not to exceed two hundred ($200) dollars. Each day such violation exists shall constitute a separate offense. .~ 18-102 Other Remedies Including Injunctive Relief'. In case any building or sturcture is erected,' constructed, reconstructed, altered, ' repaired, converted, or maintained, or ar..y building, structure, or land is used in violation of this Ordinance, the proper authorities of the City of LaPorte, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, , or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such ~~ ~= ~. 1q ~ ~ SECTION 19-100 EFFECTIVE DATE 19-101 This amended Ordinance shall become effective from and after its .'passage, approval, and the publication of its caption, as provided by law. PASSED AND APPROVED, this the day of 1967. CITY OF LA PORTE gy. Mayor ATTEST: City C er -~.... APPROVED: City Attorney ;~. ~, ~~