HomeMy WebLinkAbout12-07-1989 Public Hearing and Regular Meeting
® MINUTES OF
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 7, 1989
Members Present: Chairman Janet Graves, Commissioners Inge
Browder, Lola Phillips, Bobby Blackwell, Eugene
Edmonds, Jack Gresham, Charles D. Boyle.
Members Absent: None
City Staff: Director of Community Development Joel
Albrecht, Chief Building Official Ervin
Griffith, Community Development Secretary Nina
Browning, Assistant City Attorney John
Armstrong.
Others Present: 6 Citizens
1) CALL TO ORDER
Meeting was called to order by Janet Graves at 7:00 P.M.
® 2) APPROVE MINUTES OF NOVEMBER 16, 1989, PUBLIC HEARING AND
REGULAR MEETING.
A motion was made by Inge Browder and seconded by Lola
Phillips to approve the minutes of the November 16, 1989
meeting as submitted. All were in favor and the motion
passed.
3) STAFF 6UMMARY OF ITEMS UNDER CONSIDERATION AS PART OF THE 1989
ANNUAL REVIEW OF ZONING ORDINANCE 1501.
Mr. Albrecht presented staff's proposed changes to the
existing ordinance to the Commission. They are as follows:
-An updating of references to State Law;
-Inclusion of new interpretation and enforcement language;
-A new definition for Bed & Breakfast Inns'
-New listings in Residential Use Table A regarding Bed &
Breakfast Inns and Manufactured Housing;
-New residential Special Use Performance Standard regarding
Bed & Breakfast Inns;
-Amendment to Commercial Use Table A regarding SIC listing
#7699 and outdoor sales;
-Amendment to Commercial Special Use Performance Standards
;. regarding compatibility with surrounding area, outdoor
sales and service, and landscape buffers;
® •
Planning & Zoning Meeting
Minutes of 12-7-89
Page 2 of 5
-Amendment to Section 10-300 regarding setbacks for accessory
buildings of over 1,000 square feet and animal
specialties;
-Amendment to Section 10-605 regarding design standards for
parking spaces, maneuvering aisles and landscape
buffers;
-Amendment to Section 10-603 regarding a clarification of the
method for calculating required parking;
-Amendment to Section 10-609 regarding parking for Bed and
Breakfast Inns;
-Amendment to Section 11-304 regarding issuance of zoning
permits for non-conforming uses;
-Amendment to Section 10-900 regarding tree preservation;
-Amendment to Section 11-507 regarding clarification of the
method determining the validity of protests to
recommendations of the Planning & Zoning Commission;
-Amendment to Section 11-601 regarding appointing alternate
members to the Zoning Board of Adjustments and other
Zoning Ordinance related items which may be brought to
the Commission's attention during the course of the
public hearing.
o Mr. Charles Boyle (Commissioner on the Board) left the Table
at 7:25 so that Mr. Albrecht could read into the records a
letter received from Mr. Boyle. The letter stated "I am
requesting that the City of La Porte review and change Table
A of Ordinance No. 1501 of Commercial Uses to allow a Kopy-
Kid type operation in General Commercial zones in the City of
La Porte. Also I would like to request that the matter be
brought up on the current ordinance annual review".
Mr. Albrecht stated that what this request is for is a typical
quick copy type of business and staff does concur with this
request and feels that it does have merit.
Mr. Boyle came back to the Table at 7:30.
4) CALL PUBLIC HEARING TO ORDER. HEARING OF ITEMS UNDER
CONSIDERATION AS PART OF THE 1989 ANNUAL REVIEW OF ZONING
ORDINANCE 1501.
Chairman Janet Graves called the Public Hearing to order at
7:31 P.M.
Proponents - none wishing to speak
® Opponents - Mr. Gary Davis - 9930 North Ave. "H", La Porte
Section 10-300 - Mr. Davis felt the wording needs to be a
little clearer.
Planning &
Minutes of
Page 3 of 5
Zoning Meeting
12-7-89
Mr. Davis stated he felt there was room for misuse and abuse
as the text is written at this time. He asked that the
Commission go into the ordinance, review those items in
Section 10-300, and clarify them for the citizens. He felt
there should be some avenue of protest other than court
action.
5) CLOSE PUBLIC HEARING
Mrs. Graves declared the public hearing closed at 7:40 P.M.
Discussion of the proposed changes followed:
•
Bobby Blackwell - had questions concerning Large Lot
Residential Only accessory building (2,000 sq. ft.) in single
family residential large lots - he felt the thirty feet (30~)
from the rear property line was to strict. He said this was
ridiculous and he did not think it was fair. Mrs. Graves said
that he was not understanding exactly what the ordinance was
saying and she explained that if you go to the back of your
house and draw a line across your property and the building
should be thirty feet (30') beyond that line. This applies
only to large lot accessory buildings over 1,000 sq. ft. Mr.
Blackwell asked if a person could come before the Board of
Adjustments and get a variance on the setback if this was
necessary, Mr. ,Albrecht said that this was possible. Mr.
Blackwell said that he agreed as long as there was some
recourse for the citizen.
Charles Boyle left the Table at 7:50 P.M. for the discussion
of his request.
Mr. Edmonds said he agreed 100 to the request of Mr. Boyle
to change Table A of Ordinance No. 1501 of Commercial Uses to
allow a Kopy-Kid type operation in General Commercial zones
in the City of La Porte. Mrs: Graves explained the purpose
of this change. was dealing with the SIC numbers. Mr.
Blackwell said he agreed that this should be added. Mr.
Edmonds made a motion that the request be granted and the
kopy-kid type of operation be allowed in General Commercial,
motion was seconded by Bobby Blackwell. All were in favor and
the motion passed.
Mr. Boyle returned to the Table at 7:54 P.M.
Mrs. Browder brought up the fact that they were to discuss the
® tree preservation. Mr. Albrecht stated the staff would like
to make the change in the paragraph as follows: No person,
firm or corporation desirous of developing or improving any
® •
Planning & Zoning Meeting
Minutes of 12-7-89
Page 4 of 5
parcel of property, shall remove or cause the removal of any
tree from said property without first receiving a clearing
permit which would allow for the clearing of buildable area
only.
John Armstrong asked Joel if staff also wanted a provision in
there for outside the buildable area that it would not be
appropriate to obtain a tree permit to remove a tree from
there. Mr. Armstrong said the idea being that in the setbacks
no tree removable, driveways or setbacks, but within the
buildable area you could have tree removable with a permit
approved by the~Director of Community Development or his duly
appointed representative.
6) CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING 1989 ANNUAL
REVIEW OF ZONING ORDINANCE 1501.
Bobby Blackwell made a motion that the Commission accept
staff's recommendation on the proposed changes with the
additions as added, seconded by Inge Browder. All were in
favor and the motion passed. The Ordinance will be presented
to the City Council in January 1990 for their approval.
7) DISCUSS AND SOLICIT CITIZEN INPUT ON PROJECTS TO BE CONSIDERED
FOR POSSIBLE HCCDA BLOCK GRANT FUNDING DURING BUDGET YEAR 1989
1990.
Mr. Albrecht ask the Commission if they had any
recommendations as to projects to be considered for the Block
Grant funding. The only stipulation for this type of funding
is for low to mid income area. Last year's first priority was
for a Senior Citizen's center and the second was for
wheelchair ramps and sidewalk repairs to Main Street.
After discussion by the Commission, Mr. Jack Gresham made a
motion to recommend a Senior Citizen Center as the first
priority as presented by the staff, motion was seconded by
Bobby Blackwell. All were in favor and the motion passed.
8) ADJOURN
A motion was made by Charles Boyle and seconded by Jack
Gresham to adjourn. All were in favor and the motion passed.
The meeting adjourned at 8:15 P.M.
•
Planning & Zoning Meeting
Minutes of 12-7-89
Page 5 of 5
Respectfully submitted,
Nina Browning, Secre ary
Community Development
Approved on this the /5 ~ day of ~~ , 1989.
J net Graves, Chairman
P anning & Zoning Commission
neb
12/8/89
•
BOARDS AND COMMISSIONS
MEETING MINUTES
FLOW CHART
Minutes taken at meetingl7~d
Minutes typed by I c,n /~ ,
Secretary ~"'~
I
Preliminary Draft Copy to
Appropriate Director
Final draft copy typed
Final draft copy ~,~~
• City Manager/Asst City Manager ~~~ B9 ~ \
for review ~ ~ ~ :_ ~~ i~l'~~ ,~;,~~, ~tYf°s/S~~
I City Secretary for I
distribution to City Council
I Minutes approved & signed I
at next meeting
I Approporiate Dept. files ~
original with agenda packet
~~-~~
~q
i a'.,"~-
At end of one (i) calendar year
approved minutes with agenda
packet forwarded to City Secretary
,t ~ ~ oW
o~° . ~~S
~
STAFF SUMMARY
1989 ANNUAL REVIEW
ZONING ORDINANCE lSOl
ITEMS UNDER CONSIDERATION
...
PAGE
1,2
3
6
27
29
35
39
40
43
45
49
51
51
68
69
76
76
77
80
PROPOSED CHANGES TO EXISTING ORDINANCE #1501
PAGE -1-
SECTION
TITLE
ORDINANCE 1501
2-200
CHANGES IN DISTRICT BOUNDARIES
3-100
DEFINITIONS (BED & BREAKFAST)
5-600
TABLE A RESIDENTIAL
1) Bed & Breakfast
2) Manufactured Housing
5-601
INTERPRETATION AND ENFORCEMENT
5-800
SPECIAL USE PERFORMANCE STANDARD,
RESIDENTIAL
6-400
TABLE A COMMERCIAL
1) Repair Services (7699) Except
Tank Cleaning
2) Outdoor Sales
3) Outdoor Storage
6-401
INTERPRETATION AND ENFORCEMENT
6-600
OUTDOOR SALES/SERVICE
#2
6-600
LANDSCAPE BUFFERS
7-500
TABLE A INDUSTRIAL
Durable Goods - Heavy 5052, 5093
7-501
INTERPRETATION AND ENFORCEMENT
7-502
NUMBER CHANGE
10-300.5
ACCESSORY BUILDINGS, USES & EQUIP.
10-300.10
LIVESTOCK OR FOUL
10-604 b
PARKING
10-605
PARKING SPACE SIZE, 9' X 19'
10-605
CHANGE DRAWING
10-605.10
REQUIRED SCREENING
PROPOSED CHANGES TO EXISTING ORDINANCE n1501
PAGE -2-
81 10-605.11 PARKING LOT SCREENING
85 10-609 PARKING SPACES REQUIRED (BED &
BREAKFAST)
88 10-900 TREE PRESERVATION
89 10-900 TREE PRESERVATION
101 11-507 AMENDMENT PROCEDURES (WRITTEN
PROTEST)
102 11-601 ORGANIZATION
EXPLANATION OF PROPOSED ORDINANCE CHANGES
The folloving pages are to be read as follovs:
Left face page - Original Ordinance wording.
Right-hand page - Bolded items are proposed changes.
Pages 6A and 8lA are items pushed dovn by additions to pages 6
and 81.
~
WHEREAS, Article 1011a, of the Revised Civil
the City to enact a land use ordinance
administration, enforcement, and amendments;
Statutes
and to
and
of Texas,
provide
empowers
for its
WHEREAS, the City Council, pursuant to the provisions of Article 1011f
of the Revised Civil Statutes of Texas, has appointed a Planning and
Zoning Commission to recommend the boundaries of the various original
districts and appropriate regulations to be enforced therein; and
ORDINANCE NO.
1501
AN ORDINANCE REPEALING THE ZONING ORDINANCE OF THE CITY OF LA PORTEr
TEXASr ADOPTED FEBRUARY 6r 1968r AND ADOPTING A NEW ZONING 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
MISDEMEANORr AND UPON CONVICTION SHALL BE LIABLE TO A FINE NOT TO EXCEED
ONE THOUSAND ($1,000.00) DOLLARS, WITH EACH DAY OF VIOLATION
CONSTITUTING A SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS,the City Council 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 overcrowding of land; to
avoid undue concentration of population; to facil i tate 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.
WHEREASr V.T.e.A., Local Government eode 211.001, 211.003, empowers the
City to enact a land use ordinance and to provide for its
administration, enforcement, and amendments; and
WHEREAS r the city Council deems it necessary r for
promoting the health r safety, morals, and general
community to enact such an ordinance; and
the purpose of
wel fare of the
WHEREAS, the City councilr pursuant to the provisions of V.T.e.A., Local
Government eo de , has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original districts and
appropriate regulations to be enforced therein; and
hlHEREAS, the Planning and Zoning Commission has divided the City into
land use districts and has prepared regulations in accordance with a
comprehensive plan, specifically designed to lessen congestion in the
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 concentration or
population; to facilitate the adequate provisions of transportation,
water, sewage, schools, parks, and other public requirements; and
,
WHEREAS, all requirements of Article 1011f of the Revised Civil Statutes
of Texas, "-lith regard to the preparation of reports, pUblic hearings,
and notice, have been met by the Planning and Zoning Commission and the
City Council.
-2-
WHEREAS, the Planning and Zoning Commission has in all respects given
reasonable consideration to the character of the land use districts and
their peculiar sui tabili ty for particular uses, and with a view to
conserving the value of buildings and encouraging the most appropriate
use of land throughout the city; and
WHEREAS, the Planning and Zoning Commission has made a preliminary
report, and after due notice, has held public hearings thereon; and
WHEREAS; the Planning and Zoning Commission had submitted its final
report to the City Council; and the said City Council has given due
notice of a public hearing relating to the land use districts,
regulations, and restrictions, and has held such public hearing; and
WHEREAS, all requirements of V.T.C.A., Local Government Code 211.007,
with regard to the preparation of reports, public hearings, and notice,
have been met by the Planning and Zoning Commission and the City
Council.
NOW THEREFORE, be it ordained by the City Council of the City of
La Porte, Texas:
Section 2 - 200 Changes in District Boundaries
If, in accordance with the provisions of this ordinance and Article
1011(d) and l011(e), V.A.C.S., changes are made in the district
boundaries or other matter portrayed on the Official Zoning Maps, such
changes shall be entered on the Official Zoning Maps by the Community
Development Department of the City of La Porte, promptly after the
amendment has been approved by the City Council.
-3-
2 - 101
One copy, hereafter called the original zoning Map, shall be
filed with the city Secretary and retained as the original
record and shall not be changed in any manner.
2 - 102
Two copies, hereafter called the Official Zoning Map shall be
filed with the Enforcing Officer and city Secretary and shall
be maintained up-to-date (by the Department of Community
Development) .
section 2~ 200 Chanqes in District Boundaries
If, in accordance with the provisions of this Ordinance and V.T.C.A.,
Local Government Code 211.006, changes are made in the district
boundaries or other matter portrayed on the Official Zoning Maps, such
changes shall be entered on the Official Zoning Maps by the community
Development Department of the City of La Porte, promptly after the
amendment has been approved by the city council.
Section 2 - 300 Zoninq Map Chanqe Procedures
Approved zoning changes shall be entered on the Official Zoning Maps by
the Director of Community Development of the City of La Porte, or his
designated representative and each change shall be identified on the
Maps with the date and number of the ordinance making the change. No
amendment to this Ordinance which involves matter portrayed on the
Official Zoning Maps shall become effective until after such ordinance
has been finally approved by the City Council.
Section 2 - 400 Unauthorized Map Chanqes
No change of any nature shall be made on the Official Zoning Maps or
matter shown thereon except in conformity with the procedures set forth
in this Ordinance. Any unauthorized change of whatever kind by any
person or persons shall be considered a violation of this ordinance and
punishable hereunder.
Section 2 - 500 Location and Authority of Zoninq Ma~s
Regardless of the existence of purported copies of the Official Zoning
Haps which may from time to time be made publ ic or publ ished, the
Official Zoning Maps shall be the final authority as to the current
zoning status of land and water areas, buildings and other structures
in the city. The Official Zoning Maps shall be available to the public
at all hours when the City Hall is open to the public.
Section 2 - 600 Replacement of the Zoninq Maps
In the event that the Official Zoning Maps become damaged, destroyed,
lost or difficult to interpret because of the nature and/or number of
ADartment: See dwelling - multi-family.
Board of Adiustment: The Zoning Board of Adjustment of the City of La
Porte.
-6-
ARTICLE THREE:
DEFINITIONS
section 3 - 100 Definitions
For the purpose of this Ordinance, certain terms and words are hereby
defined; terms not defined herein shall be construed in accordance with
adopted building codes or their customary usage and meaning.
Abuttinq: Having property or district lines in common, or two (2)
objects in immediate contact.
Access: Means of approaching or entering a property, includes a right
of passage to and from an adjacent street.
Accessory Use or Buildinq: An II accessory use or buildingll is one
customarily a part thereof, which is clearly incidental and secondary
to permitted use and which does not change the character thereof,
including but not limited to garages, carports, bathhouses, greenhouses,
tool sheds, or swimming pools.
Accessory structure: A detached, subordinate structure, the use of
which is clearly incidental and related to that of the principal
structure or use of the land, and which is located in the same lots as
that of the principal structure or use.
Alley: A public way which, when at least twenty feet (201) in width,
may be used for vehicular service access to the back or side of
properties otherwise abutting on a street or highway.
Apartment:
See dwelling - mUlti-family.
Bed & Breakfast Inn: A building, the primaryuse of which is a single
family residence, in which sleeping rooms are available for overnight
rental, subject to the following restrictions.
1. Bed & ,Breakfast Inns shall be operated by resident homeowners.
2. Bo more than three (3) rental rooms shall be provided.
3. Rooms shall be let by reservation only.
4. Bed & Breakfast Inns shall conform to the requirements of
Section 5-800.
5. Parking shall be provided in accordance with the requirements
of Section 10-609.
Board of Adlustment:
Porte.
The Zoning Board of Adjustment of the City of La
Boarding House: A building, built and/or used for residential purposes,
where meals for five (5) or more persons are served for compensation.
Buildable Area: ".Area of the building site left to be built upon after
the required yard area has been provided.
-6A-
Buildinq: A "building" is any structure built for the support, shelter,
or enclosure of persons, chattels or property of any kind and which is
affixed to the land.
Buildinq Codes: All building regulations referred to as the Southern
Building Code Congress International (S.B.C.C.I) as amended from time
to time and adopted under the La Porte Code of Ordinances.
Buildinq Inspector: As the term is used in this ordinance shall mean
the designated Chief Building Official of the City of La Porte, or his
designated representatives. Also see Enforcing Officer.
Agricultural Production - C * * *
(027 Animal Specialties)
Breeding Kennels, Private Stock, Limited
to dogs & cats, large lot residential A A A A
Manufactured Housing Parks
*
*
*
PCF,D)
,.
-27-
USES (SIC CODE #)
R-l
Agricultural Production -
(011-019 Crops)
Agricultural Production -
(027 Animal Specialties)
Bed & Breakfast'Inns
as defined by section 3-100
Breeding Kennels, Private Stock, Limited
to dogs & cats, large lot residential
Domestic Livestock - Large Lot
Single Family Dwelling, Detached
Single Family Dwelling, Special Lot
Single Family Dwellings, Zero Lot Line
(patio homes, etc.)
Two Family Dwellings, Duplexes
(double bungalows)
Townhouses
Conversion of Single Family Dwelling to
no more than 2 Unit MUlti-Family Dwellings
3-4 Unit MUlti-Family Dwellings
MUlti-Family (over 4 units)
Modular Housing
On a permanent foundation system as
defined in Sect. 3-100
Manufactured Housing Subdivisions restricted *
to H.U.D. certified Mobile Homes; min. width
20', min. shingled roof pitch 3:12, permanent
foundation system; siding similar to surrounding
residential
Manufactured Housing Subdivisions *
(Restricted to H.U.D. certified mobile
homes on permanent foundation systems)
Manufactured Housing Parks *
Manufactured Housing *
ZONES
R-2
P
P
C
*
c
c
A
A
A
A
p
p
*
p
*
p
*
p
*
p
*
p
*
p
*
*
p
p
c
*
*
*
R-3
MH
p
p
*
*
p
*
A
A
A
A
p
p
p
p
p
*
p
*
p
*
p
*
p
*
p
*
p
p
c
p
*
P
*
P(F,D)
*
p
Secondary Dwelling Units
c
5-700 Table B - Residential
p
p
*
-29-
USES (SIC CODE #)
ZONES
R-1 R-2 R-3 MH
A A A A
A A A A
* * A *
A A A A
P P P P
C C C C
C P P *
Tool Houses, Sheds, Storage Building
(Non-commercial Associated with Residence)
Boarding or Renting of Rooms
(1 person max.)
Off-Street Loading (Refer to Sect. 10-700)
Off-Street Parking (Refer to Sect. 10-600)
Petroleum Pipelines (Restricted to existing
pipeline corridors)
Residential Density Bonus, as provided in
Sect. 5-800 G
Secondary Dwelling Units
5-600 Interpretation and Enforcement
property uses, except as provided for by section 5-600, Table A, are
prohibited and constitute a violation of this Ordinance.
5-700 Table B - Residential
2,3,4*
5,6,10 7*
8* Min. Min. Min. Max. Min. Min. Max. Lot
Uses Lot Lot Yard Height site Devel. Coverage;
Area/D.U. width Setbacks Area/ Open Sp./ Min. Land-
S.F. L.F. L.F. Unit Unit scaping
F.R.S. S.F. S.F. Reg. 9
Single 9100
Family 6000 50 25-15-5 35 Ft. 4.8 40%/N/A
Detached DU/A
Single
Family 43560
Large 43560 100 25-15-5 45 Ft. 1.0 30%/N/A
Lot DU/A
Single
Family 7300
Special 4500 40 20-10-0 35 Ft. 6.0 Footnote 60%/N/A
Lot, 0 DU/A #1*
Lot Line
4. The density bonus shall only be permitted per designated
open space or major outdoor recreational facilities in excess
of the requirements established in Section 12.00 et seq. of
the Development Ordinance of the City of La Porte, including
the credit given in Section 12.02 for land dedicated by a
developer within a development or subdivision for compensating
open space on an acre per acre basis.
-35-
14. Density intensity regulations in compliance with Table B
Residential.
15. Compliance with the required number of off-street parking spaces.
16. All private streets shall be a minimum of twenty-eight feet (28')
wide and constructed in accordance with the Public Improvements
Criteria Manual. The layout of such private streets shall be
subject to approval by the Fire Chief, to ensure adequate emergency
access.
17. All Manufactured Housing shall have a minimum frontage of twenty
feet (20') 'on public or private streets.
G. Densitv Bonus
A maximum of ten percent (10%) reduction in square feet of site
area per unit for residential developments of twenty (20) units or
more shall be permitted as a conditional use based upon the
following bonus features and square foot reduction:
Bonus Feature
Square Foot Reduction
Per Unit
1.
Major outdoor recreational facilities
such as swimming pools, tennis courts
or similar facilities requiring a sub-
stantial investment.
250 Square Feet
2 .
Designation of developed open space
for semi-public use adjacent to
designated public greenway corridors
equal to an additional 100 square
feet per unit.
100 Square Feet
3. All required developed open space must be operated and maintained
by a homeowners association, subject to the conditions established
in Section 10-102 of this Ordinance, with all documentation
required to be submitted for filing in conjunction with the final
plat.
4. The density bonus shall only be permitted per designated open space
or major outdoor recreational facilities in excess of the
requirements established in Section 12.00 et seq. of the
Development Ordinance of the City of La Porte, including the credit
given in section 12.02 for land dedicated by a developer within a
development or subdivision for compensating open space on an acre
per acre basis.
H. Bed & Breakfast Inns (as defined in section 3-100)
1. Bed & Breakfast Inns shall be operated in accordance with the
home occupation requirements of section 3-100.
2. Addi tional required parking shall not be provided in any
required front or side yard.
Repair services (7699)
*
Open and outdoor sales
Open and outdoor storage
p
*
c
c
*
-39-
USES (SIC Code #)
Laundry (plants) (7216-7219)
Membership organizations (861-869)
Misc. retail (592,593,5948,596-599,5399)
Misc. repair services (762-764)
Misc. shopping (5941-5947,5949,5992-5994)
Motion picture theaters (7832)
Museums, art galleries (841-842)
Offices for doctors, dentists, etc.
(801-805)
Passenger transportation (411-415)
Personal services (7211-7215,722-729)
Reproduction, photography, and cleaning
services (733-734)
Repair services (7699) (Except Tank
Truck Cleaning)
Retail bakeries (546)
Securities and insurance (621-639)
Service stations (554)
Underground pipelines (461)
veterinary services (0742)
video rental & Sales shop
Parking ramps and structures
Commercial PUD (Refer to Sect. 10-100)
outdoor sales as a primary or
Accessory use
outdoor storage as a Primary or
Accessory use
Off site parking
Joint parking
ZONE
CR NC GC
* P
* P
* p
P P
P P
* P
* P
P P
* P
P P
P P
* P
P P
* P
* P
P P
p p
p p
p p
C C
* P(C,G)
* C
C C
C C
-40-
USES (SIC Code #)
ZONE
CR NC
GC
Drive-in or drive through facilities
as an accessory or principle use
C
C
Kennels, boarding (0752)
*
C
Kennels, breeding (0279)
*
C
Unlisted Uses, similar to uses
listed above
C
C
6-401 Interpretation and Enforcement
property uses, except as provided for ty Section 6-400, Table A, are
prohibited and constitute a violation of this ordinance.
2. Outside sales areas are fenced or screened from vie~ of
neighboring residential uses or an abutting residential
district in compliance with Section 6-600(A).
-43-
B. Outdoor Storaqe
Open and outdoor storage as an accessory or principal use provided
that:
1. The area is screened from view of neighboring residential uses or
an abutting residential district in compliance with Section
6-600 (A) .
2. Storage is screened from view from the public right-of-way in
compliance with Section 6-600(A).
3. Storage area is grassed or surfaced to control dust.
4 .
All lighting
shall not
neighboring
7-501(1)a.
shall be hooded and so directed that the light source
be visible from the public right-of-way or from
residences and shall be in compliance with Section
C. Outdoor Sales/Service
Open or outdoor service, sale and rental as a principal or an
accessory use and including sales in or from motorized vehicles,
trailers, or wagons provided that:
1. Accessory outside service, sales and equipment rental connected
with a principal use is limited to thirty percent (30%) of the
gross floor area of the principal use.
2. A landscape buffer shall be maintained between all outdoor sales
and service areas and adjacent public rights of way. Landscape
buffers shall be designed in accordance with the requirements of
section 6-600.G.
3. All lighting shall be hooded and so directed that the light source
shall not be visible from the public righ-of-way for from
neighboring residences and shall be in compliance with Section
7-501(1)A.
D. Traffic Control
The traffic generated by a use shall be channelized and controlled
in a manner that will avoid congestion on public streets, safety
hazards or excessive traffic through residential areas. The
traffic generated will not raise traffic volumes beyond the
capacity of the surrounding streets. Vehicular access points shall
be limited, shall create a minimum of conflict with through
traffic movements, and shall be subject to the approval of Director
of Community Development. Vehicular ingress lanes shall be large
enough to accommodate peak use on the same lot without requiring
the stopping or waiting of vehicles on public right-of-\..;ays.
Ingress lanes shall be from the least heavily travelled street
wherever possible.
-45-
b. Up to fifty percent (50%) of the off-street parking facilities
required for any use specified under (d) below as primary
daytime uses may be supplied by the parking facilities
provided by the following nighttime or Sunday uses;
auditoriums incidental to all public or parochial schools,
churches, bowling alleys, dance halls, theaters, bars,
restaurants or similar uses as determined by the Planning
Commission.
c. Up to eighty percent (80%) of the parking facilities required
by this section for a church or for an auditorium incidental
to a publ ic or parochial school may be suppl ied by the
off-street parking facilities provided by uses specified under
(d) below as primary daytime uses as determined by the City
Planning commission.
d. For the purpose of this section, the following uses are
considered as primary daytime uses: banks, business offices,
retail stores, personal service shops, household equipment or
furniture shops, clothing, shoe repair or service shops,
manufacturing, wholesale and similar uses as determined by the
Planning commission.
e. Conditions required for joint use:
1) The building or use for which application is being made
to utilize the off-street parking facilities provided by
another building or use shall be located within three
hundred feet (300') of such parking facilities.
2) The applicant shall show that there is no substantial
conflict in the principle operating hours of the two (2)
buildings or uses for which j oint use of off-street
parking facilities is proposed.
3) A properly drawn legal instrument, executed by the
parties concerned for joint use of off-street parking
facilities, duly authorized as to form and manner of
execution by the City Attorney, shall be filed and
recorded in the Harris County Deed Records.
G. Landscape Buffers
Landscape buffers shall be a minimum of four feet (4') in width.
Plantings shall consist of trees and low evergreen shrubs.
Planting plans shall be approved by the Director of Community
Development or his duly appointed representative.
~
Durable goods - heavy
(5052,503,5051,5082-5085,5088,5093)
*
c
p
-49-
USES (SIC CODE ~)
ZONE
B-1 L-I H-I
P P P
* P P
* P P
P P P
* * P
Highway transportation terminal
and service facilities (417)
Motor freight transportation
and warehousing (421,423)
Farm product warehousing and
storage (4221)
Public warehousing (4222-4226)
Railroad transportation (401)
Shipping container, or fabricated
plate work (3443)
storage inside
P(ACDE) P(ACDE) P
storage outside (refer to Sect.
6-600(B))
*
P(ACDE) P
'I'iTholesale trade
Durable goods - light
(502,504,507,5082,5087,5094)
P
P
P
Durable goods - medium
(501)
P
P
p
Durable goods - heavy
(503,5051,5082-5085,5088)
*
c
p
Durable goods - heavy
(5052, 5093)
*
*
p
Wholesale trade
Non-durable goods - light
(511-514,518)
P
P
P
Non-durable goods - medium
(5172,5191-5199)
C
P
P
Non-durable goods - heavy
(515,516,5171)
*
*
p
Manufacturinq Industries
Chemicals & allied products
(282-285)
*
P(ACDE) P
Electrical & electronic equipment
& supplies
Light (361-365,367)
Medium (361,366,369)
P(ACDE) P(ACDE) P
P(ACDE) P(ACDE) P
Unlisted uses, similar to uses listed above
7 - 501 Footnotes
~
c
c
c
-51-
USES (SIC CODE #)
B-1
ZONE
L-I
H-I
Stone, clay, glass and concrete
(321-325, 3261, 327-329)
*
C
P
Textile mill, and finished products
Light (224,225,231-239)
P(ACDE) P(ACDE) P
Medium (222,223,226,229)
*
P(ACDE) P
P(ACDE) P
Tobacco manufacturers (211-214)
*
Loading berths at the front or sides
of buildings adjacent to R.O.W.
C
C
C
Industrial PUD (refer to Sect. 10-100)
C
C
C
Unlisted uses, similar to uses listed above
C
C
C
7-501 Interpretation and Enforcement
Property uses, except as provided for by section 7-500, Table A, are
prohibited and constitute a violation of this Ordinance.
7 - 502 Footnotes
1. All permitted uses in industrial zones must meet the following
minimum performance standards. If requested by the Enforcement
Officer, allapplications for building permits must include a
certification from a registered engineer that verifies compliance
with these performance standards. Where applicable, all permitted
uses in industrial zones must meet and be in compliance with the
appropriate federal, state, or local regulations.
A. Liqhtinq and Glare. Any lighting used shall be arranged so
as to deflect light away from any adjoining residential zone
or from public streets. Direct or sky-reflected glare, where
from floodlights or from high temperature processes such as
combustion or welding shall not be directed onto any adjoining
property. The source of lights shall be hooded or controlled
in some manner so as not to light adjacent property. Bare
incandescent light bulbs shall not be permitted in view of
adjacent property or public right-of-way. Any light or
combination of lights which cast light on a public street
shall not exceed one (1) foot candle (meter reading) as
measured from the center line of said street. Any light or
combination of lights which casts light on residential
property shall not exceed 0.4 foot candles (meter reading) as
measured from said property.
B. Radiation and Electrical Emissions. No activities shall be
permitted that emit dangerous radioactivity beyond enclosed
areas. There shall be no electrical disturbance adversely
affecting the operation at any point of any equipment other
than that of the creator of such disturbance.
~
Large Lot Residential Onlv; Accessory buildings in single
family residential large lots may not exceed two thousand
(2,000) square feet of floor area, and must be located at
least thirty feet (30!) from any property line.
".
-68-
2. Accessory buildings, uses and structures shall not exceed fifteen
feet (15') in height, shall be three feet (3') or more from all
lot lines, shall be six feet (6') or more from any other building
or structure on the same lot, and shall not be located upon any
utility easement.
3. Private garage structures with vehicular access doors facing public
alleys, as defined in the Public Improvement Construction Policy
and Standards, shall be twenty feet (20') or more from the alley
right-of-way.
Detached garages located in rear yards of corner lots shall be set
back a minimum ten feet (101) from the property line abutting the
side street right-of-way.
4. Detached private garages, as defined, may be twenty feet (20') in
height, or the height of the principal structure, whichever is
less.
5. No accessory building, or carport garage for single family
dwellings shall occupy more than twenty-five percent (25%) of a
rear yard, nor exceed one thousand (1,000) square feet of floor
area.
Laroe Lot Residential Onlv: Accessory buildings in single family
residential large lots may not exceed two thousand (2,000) square
feet of floor area, and must be located at least thirty feet (301)
from any property line, and thirty feet (301) to the rear of the
primary structure.
6. No permit shall be issued for the construction of more than one
(1) detached private garage or carport structure for each dwelling.
7. Wind generators, for producing electricity or other forms of energy
shall not be located in any yards other than the rear yard and must
be set back one hundred fifty feet (1501) from all property lines
or the height of the structure, whichever is greater.
8. It shall be unlawful for any person to leave, stand, or park a
commercial motor vehicle, pole trailer, semi -trailer, shipping
container, trailer, truck (other than a light truck as defined
herein), or a truck tractor on any property zoned for residential
use. Boats or recreational vehicles parked or stored in a rear
yard are not subjected to the restrictions imposed by this section.
9. No accessory uses or equipment except for air conditioning
structures or condensers may be located in a required side yard
except for side yards abutting streets where equipment is fully
screened from view.
.
. .
herein, but in no event, shall the cumulative concentration of
fowl be such as to create a health hazard. The requirements
of City of La Porte Ordinance No. 1358 shall apply in any event.
11. Breeding Kennels (Dogs & Cats Only): Breeding Kennels for Dogs
& Cats only, are a permitted 3ccessory use on lots in excess of
43,560 square feet, provided that all of said kennels are licensed
..
-69-
10. Domestic Livestock: Domestic livestock (cattle, horses, hogs,
sheep, goats, chickens, and geese) are a permitted accessory use
on lots in excess of 43,560 square feet, provided that all domestic
livestock as defined above be restrained no closer than twenty five
feet (25 I) from property that is not devoted to the keeping of
domestic livestock, and provided further that said domestic
livestock be kept in a concentration that is less than or equal to:
a. Two (2) cows per acre
b. Two (2) horses per acre
c. Two (2) hogs per acre .
d. Two (2) sheep or goats per acre.
In any event, the total for the above referenced grazing animals
(i.e. sheep, goats, hogs, cows, or horses) shall be cumulative. In
the event of fowl, no specific concentration is established herein,
but in no event, shall the cumulative concentration of fowl be such
as to create a health hazard. The requirements of City of La Porte
Ordinance No. 1358 shall apply in any event.
The keeping of livestock or foul for the purpose of breeding for
sale, whether engaged in as a primary or accessory activity, shall
be considered a Conditional Use as specified by Section 5-600,
Table A.
11. Breeding Kennels (Dogs & Cats Only): Breeding Kennels for Dogs &
Cats only, are a permitted accessory use on lots in excess of
43,560 square feet, provided that all of said kennels are licensed
according to the city of La Porte Ordinance No. 1559 and any
amendments or additions thereto. Provided further that all animals
must be boarded in enclosures located no closer than one hundred
feet (100') from any property line. The requirements of City of
La Porte Ordinance No. 1358, and any amendments or additions
thereto shall apply in any event.
10 - 303 Commercial-Industrial Accessory structures and Uses
structures and buildings accessory to commercial or industrial
principal uses shall meet all setback and height requirements of
the district they are in as if they were principal structures.
Accessory buildings or structures shall not exceed thirty percent
(30%) of the gross floor area of the principal use.
10 - 304 Swimminq Pools, Spas, and Hot Tubs
No swimming pools, spas, or hot tubs shall be erected or located
in any required yard except in accordance vii th the follovJing
provisions:
..
'7 '
-ID-
twenty-two inches (22") of such seating facilities
shall be counted as one (1) seat for the purpose of
determining requirements.
10 - 605 Design Standards (Also see Tables 10-1. 10-2, 10-~)
1. Parking SDace Size
Each parking space shall not be less than eight and one-
half feet (8 1/2') wide and eighteen feet (18') in length
exclusive of access aisles, and each space shall be served
adequately by access aisles.
..
-76-
twenty-two inches (22") of such seating facilities shall
be counted as one (1) seat for the purpose of determining
parking requirements.
c. Should a structure contain two (2) or more types of use,
each use shall be calculated separately for determining
the total off-street parking space required.
10 - 605 Desiqn Standards (Also see Tables 10-1, 10-2, 10-3)
1. Parkinq Space Size
Each parking space shall not be less than nine feet (9') wide
and nineteen feet (19') in length exclusive of access aisles,
and each space shall be served adequately by access aisles.
2. within Structures
The off-street parking requirements may be furnished by
providing a space so designed within the principal building
of one (1) structure attached thereto; however, unless
provisions are made, no building permit shall be issued to
convert said parking structure into a dwelling unit or living
area or other activity until other adequate provisions are
made to comply with the required off-street parking provisions
of this Ordinance.
3. Except in the case of single, two family and townhouse
dwellings, parking areas shall be designed so that circulation
between parking bays or aisles occurs within the designated
parking lot and does not depend upon a public street or alley.
Except in the case of single, two family and townhouse
dwellings, parking area design which requires backing into the
public street is prohibited.
4. In all cases, parallel parking spaces shall be twenty-two feet
(22 I) in length. Except in the case of single family, two
family, and townhouse dwellings, parking areas and their
.aisles shall be developed in compliance with the standards
contained in Tables 10-1 and 10-3:
-77-
90D
In
~
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.&81
(pOD
11. ~~/8~/9.~'
57.~'
~.!5f:j
18."]1---1-11,-+-18,7 '
413, t'
FIGDRE 1G-1
,
10. Reauired Screening
All open, non-residential off-street parking areas of
five (5) or more spaces shall be screened from abutting
residential districts. The screening required shall
consist of the follohing:
...
-80-
5. Drivewav Approaches
Driveway approaches shall be a minimum two feet (2') from the
side property line in residential districts, and ten feet
(10') from the side property line in business or industrial
districts, or R-3 residential districts.
6. Surfacinq
All areas intended to be utilized for parking space and
driveways shall be surfaced with materials suitable to control
dust and drainage. Except in the case of single family and
two family dwellings, driveways and stalls shall be surfaced
in conformance with the Public Improvements Criteria Manual.
Plans for surfacing and drainage of driveway and stalls for
five (5) or more vehicles shall be submitted to the Director
of Community Development for his review and the final drainage
plan shall be subject to his written approval.
7. Stripinq
Except for single family, two family and townhouse dwellings,
all parking stalls shall be marked with painted lines not less
than four inches (4") wide.
8. Liqhtinq
Any lighting used to illuminate an off-street parking area
shall be so arranged as to reflect the light away from
adjoining property, abutting residential uses and public
right-of-way.
9. Curbinq
Except for single family, two family and townhouse dwellings,
all open off-street parking shall have a curb barrier not
closer than two feet (2') to all street frontage.
10. Required Screeninq
Any screening required shall consist of the following:
a. A planting strip shall consist of evergreen ground-cover I
and shall be of sufficient width and density to provide
an effective screen. The planting strip shall contain
no structures or other use. Such planting strip shall
not be less than six feet (6') in height. Earth mounding
or berms may be used, but shall not be used to achieve
more than two feet (2') of the required screen.
.
d. Required screening will count toward the required
percentage (%) of landscaping.
10 - 606 Maintenance
-81-
b. Standards:
1. width of planting strip - four feet (4').
2. Type of planting - evergreen.
3. Size of plants - Minimal height of four feet (4')
at time of planting. Must reach a height of six
feet (6') within two (2) years.
4. Planting density - Such that within two (2) years
of normal growth, a solid screen will be formed to
a height of at least six feet (6') above adjacent
grade.
c. Screening will be required in the following situations:
1. Parking areas for recreational buildings, community
centers, religious, and private and public
educational institutions.
2. Manufactured housing parks and subdivisions screened
from abutting uses.
d. Required screening will count toward the required
percentage (%) of landscaping.
11. Parkinq Lot Screeninq
A landscape buffer shall be maintained between all open, non-
residential off-street parking areas of five (5) or more
SPAces abutting residential districts.
Landscape buffers shall be a minimum of
width. Plantings should consist of trees
schrubs. Planting plans shall be approved
Community Development.
four (4) feet in
and low evergreen
by the Director of
10 - 606 Maintenance
It shall be the joint and several responsibility of the lessee and
owner of the principal use, uses or building to maintain, in a neat
and adequate manner, the parking spaces, accessways, striping,
landscaping, and required fences.
10 - 607 Location
All accessory off-street parking facilities required by this
Ordinance shall be located and restricted as follows:
1. Required accessory off-street parking shall be on the same
lot under the same ownership as the principal use being
served, except under the provisions of Section 6-600 (E) &
(F), off-site parking, and joint parking.
2. Except for single, two family and townhouse dwellings, head-in
parking, directly off of and adjacent to a public street, with
each stall having its own direct access to the public street,
shall be prohibited.
-81A-
3. There shall be no off-street parking within fifteen feet (15')
of any street surface.
4. The boulevard portion of the street right-of-way shall not be
used for parking.
Eating & drinking
establishrnent(581)
10
1,000 s.f.
*
These numbers are the minimum required regardless of building
or use size.
-85-
USES (SIC CODE)
NUMBER OF
PARKING SPACES*
REQUIRED
FOR EACH
4 Minimum, Plus
Gasoline service stations
(554) automotive repair,
services & garages
2
Service Stall
Eating & drinking
establishment (581)
10
1,000 s.f.
2 Minimum, Plus
Bed & Breakfast Inns
1
Each Rental Room
* These numbers are the minimum required regardless of building
or use size.
~
.;,.
Prohibited Conduct: It shall be unlawful for any person to
cause or permit the destruction of any native tree within
fifteen feet (151) of any street right-of-way line abutting
the required front yard or within ten feet (10') of any
street right-of-way line abutting the required side yard
within the City of La Porte if such tree has a trunk which
exceeds six inches (6") in diameter (or 18.8411 circumference)
-88-
1. Manufactured. Fabrication. Processinq. Warehousinq. Storinq.
Retail Sales. Schools and Hotels
For such a building ten thousand (10,000) to one hundred
thousand (100,000) square feet of floor area, one (1) loading
berth fifty-five feet (55') in length, and one (1) additional
berth for each additional fifty-thousand (50,000) sguare feet
or fraction thereof.
2. Auditorium. Convention Hall. Exhibition Hall. Sports Arena or
Stadium
Ten thousand (10,000) to one hundred thousand (100,000) sguare
feet of floor area, one (1) loading berth; for each additional
one hundred thousand (100,000) square feet of floor area or
fraction thereof, one (1) additional loading berth.
3.
Public or Semi-Public
Centers. Private and
Reliqious Institutions.
Commercial Offices
Recreational Buildinqs. Community
Public Educational Institutions.
Hospital. Clinics. Professional and
One (1) off-street loading and service entrances shall be
provided, sized to meet the needs of the facility.
4. Nursinq Homes and Similar Group Housinq Servinq in Excess of
16 Persons
One (1) off-street loading space, sized to meet the
of the facility.
needs
Section 10 - 800 Airport Heiqht Restrictions
RESERVED
Section 10 - 900 Tree Preservation
It is the intent of this Section to encourage the preservation of
existing trees within the City of La Porte and to prohibit their
unwarranted destruction.
Prohibited Conduct: It shall be unlawful for any person to cause
or permit the destruction of any native tree within fifteen feet
(15') of any street right-of-way line or easement line abutting
the required front yard or within ten feet (10') of any street
right-of-way line or easement line abutting the required side yard
within the City of La Porte if such tree has a trunk which exceeds
six inches (6") in diameter (or 18.84" circumference)
..,
-89-
at a point eighteen inches (18") above the natural ground level.
Provided, however, it shall not be a violation of this provision
if a tree is removed and destroyed where, in the opinion of the
Director of Community Development or his designated representative,
said tree constitutes a hazard to pedestrian and/or vehicular
traffic along any such right-of-way.
No person, firm or corporation desirous of developing or improving
any parcel of property, shall remove or cause the removal of any
tree from said_'property without first .submi tting a tree survey for
review and approval by the Director of Community Development or his
duly appointed representative.
Tree surveys shall include the following information:
1. Location, species and size of all trees with a trunk diameter
of six (6) or more inches as measured at a point eighteen (18)
inches above adjacent grade.
2. Location of all trees which are to be removed.
1
q
~
7. 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 Enforcement
Officer and signed by the owners of twenty percent (20%)
or more, either of the area of the lots included in such
proposed change, or of the area of the lots immediately
adjacent thereto and to the rear thereof extending two
hundred feet (200') therefrom, or of those directly oppo-
site, thereto extending two hundred feet (200') 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-
fourth (3/4) of all the members of the City Council.
,.
t'
"
-101-
3. In the event a public hearing shall be held by the City
Planning and Zoning commission in regard to a change of the
La Porte 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 La Porte stating the
time and place of such hearing, which time shall not be
earlier than fifteen (15) days from the day of such
publication.
4. The City Planning and Zoning commission shall forward its
written findings of fact and recommendations to City council
within fifteen (15) days of the close of the hearings.
5. Public Hearinq before City Council
Upon receipt of the written recommendations from the Planning
and Zoning Commission, a public hearing shall be held by the
City Council before adopting any proposed amendment,
supplement, change, modification or repeal of the regulations,
restrictions, and boundaries herein established.
Notice of such hearing shall be given by publication once in
a newspaper of general circulation on the City of La Porte,
stating the time and place of such hearing, which time shall
not be earlier than fifteen (15) days from the day of such
publication.
6. Council Actions
The City Council shall act upon such motion or petition within
thirty (30) days from the date the final report of the City
Planning and Zoning Commission was submitted to the city
Council.
7. Protests
In case of a protest against any such amendment, supplement,
change, or repeal of the regulations, restrictions, and
boundaries herein established, a written protest filed with
the Enforcement Officer and signed by the owners of twenty
percent (20%) or more of either:
a. The area of lots or land covered by the proposed change;
or
b. The area of lots or land immediately adjoining the area
covered by the proposed change and extending two hundred
(200) feet from that area.
Such amendment, supplement, change, mod~fication, or repeal
shall not become effective except by the favorable vote of
three-fourths (3/4) of all the members of the City Council.
streets and alleys shall be included when computing the area
of land from which a protest may be filed.
<l(
..
..
11 - 601 Organization
There is hereby created a Board of Ad ustment consisting of five
(5) members who are citizens of the C ty of La Porte and who are
not members of the City Councilor the City Planning and Zoning
Commission, each to be appointed by the City Council for a term
of two (2) years and removable for cause by the appointing
authority upon written charges and after a public hearing.
Vacancies shall be filed for the unexpired term of any member
whose term becomes vacant for any cause, in the same manner
as the original appointment was made. All cases to be heard
by the Board of Adjustment will always be heard by a minimum
number of four (4) members.
.~
~"'''
-102-
8. The affirmative vote of at least three-fourths (3/4) of the
City Council is required to overrule a recommendation of the
City Planning and zoning commission that a proposed change to
this Ordinance or boundary be denied.
section 11 - 600
Board of Adiustment
11 - 601 Orqanization
There is hereby created a Board of Adjustment consisting of five
(5) regular members and two (2) alternate members who are citizens
of the City of La Porte and who are not members of the City Council
or the City Planning and Zoning Commission, each to be appointed
by the City Council for a term of two (2) years and removable for
cause by the appointing authority upon written charges and after
a public hearing. vacancies shall be filed for the unexpired term
of any member whose term becomes vacant for any cause, in the same
manner as the original appointment was made. All cases to be
heardby the Board of Adjustment will always be heard by a minimum
number of four (4) members.
11 - 602 Rules and Meetinqs
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 at least four (4) members of the Board of
Adjustment may determine. Such chairman, or in his abs&Dce the
acting chairman, may administer oaths and compel the attendance of
witnesses. All meetings of the Board of Adjustment shall be open
to the public. The Board of Adjustment shall keep minutes of its
proceedings, showing the vote of each member upon each question,
or if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions, all
of which shall be immediately filed in the office of the City
Secretary and shall be a public record.
11 - 603 Powers and Duties
The Board of Adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by
the enforcement officer in the enforcement of this Ordinance.