HomeMy WebLinkAboutOrd 2025-5001_amends Ch. 106 ZoningORDINANCE 2025-5001
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY ADDING A DEFINITION FOR
"ADMINISTRATIVELY COMPLETE"; AMENDING REQUIREMENTS REGARDING
THE TIMING OF PUBLIC HEARINGS AND REPORTING TIMEFRAMES,
SUBMISSION OF FINDINGS AND RECOMMENDATIONS BY THE PLANNING AND
ZONING COMMISSION TO CITY COUNCIL, MINIMUM OFF-STREET PARKING
REQUIREMENTS FOR OFFICE ONLY USES AND SHORT TERM RENTALS, AND
SCREENING REQUIREMENTS; ALIGNING VARIANCE CRITERIA WITH STATE
LAW; REMOVAL OF SPECIFIC GROUPS AS IT RELATES TO PUBLIC HEARING
NOTICES; AND REVISING PUBLIC HEARING NOTICE PROCEDURES; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE
FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT:
Section 1.
That Chapter 106, "Zoning," Section 106-1 "Definitions", of the Code of Ordinances of
the City of La Porte, Texas, is hereby amended by adding a definition for "Administratively
complete", to be included in proper alphabetical sequence, to wit:
Sec. 106-1 Definition.
The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to
them in this section, except where the context indicates a different meaning:
Administratively complete means an application required under this Chapter that (1) contains fully
complete and properly executed application forms; (2) includes all required supporting documents
and exhibits; (3) reflects receipt of payment of all required fees; (4) conforms to all applicable
standards required by any ordinance, checklist, law, or regulation governing the application; and
(5) includes any additional items, amendments and revisions deemed necessary by the Director or
their designee to properly evaluate and process the application.
Section 2. That Chapter 106, "Zoning," Section 106-66, "Hearing", of the Code of Ordinances of the
City of La Porte, Texas, is hereby amended to read as follows:
Sec. 106-66. Hearing.
(a) The planning and zoning commission is to hear requests for proposed changes in classification
filed by any interested party when such request is made in writing and accompanied by a filing fee.
(b) All hearings on requests for amendments, changes in classification and review as set out in
subsection (a) of this section shall be public hearings and shall conform to the notice requirements of
Texas Local Government Code § 211.007 and shall be scheduled within forty-five (45) days of the
application being deemed administratively complete.
Section 3. That Chapter 106, "Zoning," Section 106-67, "Special Conditional Use Procedures", of the
Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows:
Sec. 106-67. Special conditional use procedures.
(a) Any use requiring a special conditional use permit as established in this chapter shall be
reviewed by the city planning and zoning commission.
(b) The city planning and zoning commission shall:
(1) Hear requests for proposed special conditional uses filed by any interested party
when such request is made in writing, conforming to the requirements of division
6 of this article, and accompanied by a filing fee.
(2) All hearings on such requests shall conform to the public hearing procedures
established for amendments under section 106-171 (Amendment Procedures) and
in conformance with Texas Local Government Code §211.007 and shall be
scheduled within forty-five (45) days of an application being deemed
administratively complete.
Section 4. That Chapter 106, "Zoning," Section 106-171 (4), "Submission of Findings and
Recommendations to City Council of the Code of Ordinances of the City of La Porte,
Texas", is hereby amended to read as follows:
Sec. 106-171. Amendment procedures.
(4) Submission of recommendations to city council. The city planning and zoning commission
shall forward a final report consisting of its written recommendations to city council for
consideration at the next available City Council meeting, subject to all applicable laws and
agenda scheduling requirements.
Section 5. That Chapter 106, "Zoning," Section 106-191(a) "Special Exceptions", of the Code of
Ordinances of the City of La Porte, Texas, is hereby amended to read as follows:
Sec. 106-191. Special exceptions.
(a) Application for special exceptions. All applications for special exception to the terms of this
chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds
therefor. Each such application shall be filed, along with the appropriate fees, with the
enforcement officer who after investigation shall transmit such application together with his report
to the board of adjustment_within forty-five (45) days after the application is deemed
administratively complete.
Section 6. That Chapter 106, "Zoning," Section 106-192 "Variance", of the Code of Ordinances of
the City of La Porte, Texas, is hereby amended to read as follows:
Sec. 106-192. Variance.
(a) Application for variances. All applications for a variance from the terms of this chapter shall be
in writing and shall specify the facts involved, the relief desired, and the grounds thereof. Each such
application shall be filed with the enforcement officer who after investigation shall transmit such
application together with his report to the board of adjustment within forty-five (45) days of the
application being deemed administratively complete.
(b) Findings of fact/definition of hardship.
(1) The term "variance" shall mean a deviation from the literal provisions of this chapter which is
granted by the board when strict conformity to this chapter would cause an unnecessary
hardship because of the circumstances unique to the property on which the variance is
granted.
(2) Except as otherwise prohibited, the board is empowered to authorize a variance from a
requirement of this chapter when the board finds that all of the following conditions have been
met:
a. That the granting of the variance will not be contrary to the public interest; and
b. Due to special conditions literal enforcement of this chapter will result in unnecessary
hardship because of exceptional narrowness, shallowness, shape, topography or other
extraordinary or exceptional physical situation unique to the specific piece of property in
question. "Unnecessary hardship" shall mean physical hardship relating to the property
itself as distinguished from a hardship relating to convenience, or caprice, and the hardship
must not result from the applicant or property owner's own actions; and
If special conditions exist, then the Board may consider the following as grounds to make
a determination whether compliance, as applied to a structure that is the subject of the
variance request, would result in unnecessary hardship_
• If the financial cost of compliance is greater than 50 percent of the
appraisal value of the structure as shown on the most recent appraisal roll
certified to the assessor for the City under Section 26.01, Tax Code, or
successor and as amended; or
• If compliance would result in a loss to the lot on which the structure is
located of at least 25 percent of the area on which development may physically
occur; or
• If compliance would result in the structure not being in compliance with a
requirement of a City ordinance, building code, or other requirement; or
• If compliance would result in the unreasonable encroachment of an
adjacent property or easement; or
• If compliance would result in the City considering the_structure to be a
nonconforming structure.
c. That by granting the variance, the spirit of this chapter will be observed.
(3) The applicant shall have the burden of proving to the board that the foregoing conditions have
been met.
(a) Use variance prohibited. No variance shall be granted to permit a use in a zoning district
in which that use is prohibited.
(b) Hearings on applications for variances. The board of adjustment shall fix a reasonable
time for the hearing of all applications for variances, give public notice thereof, as well as
due notice to the parties in interest, and decide the same within a reasonable time, as
specified in section 106-194 (Notice of public hearings before the board of adjustment).
Upon the hearing any party may appear in person or by agent or by attorney.
Section 7.
That Chapter 106, "Zoning," Section 106-194 "Notice of Public Hearings Before the Board
of Adjustment", of the Code of Ordinances of the City of La Porte, Texas, is hereby
amended to read as follows:
Sec. 106-194. Notice of public hearings before the board of adjustment.
(a) The notice of public hearings provided for in this section shall be given by publication once in a
newspaper of general circulation in the city stating the time and place of such hearings, which shall
not be earlier than ten days from the date of such publication, and in addition thereto, the board of
adjustment shall mail notices of such hearing to the petitioner and to all owners of property lying
within 300 feet of any point of the lot or portion thereof, on which a special exception or variance is
desired. Such owners shall be determined according to the last approved tax roll of the city. Such
notice may be served by depositing addressed and postage paid, in the city post office.
(b) Requirements for public notice by sign posting:
(6)
(7)
(8)
Public notice for procedures requiring public notice by sign posting shall be provided by the city
at least ten days before the public hearing.
The city shall place public notice sign on the property within 20 feet of the abutting street.
The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right-
of-way abutting the property.
Public notice sign shall include the date, time, place, and purpose of public hearing.
Public notice sign shall remain continuously on said property ten days after the date of the public
hearing or withdrawal of the case by the applicant. Removal of the sign by the applicant
prematurely shall delay the request until the next available meeting.
The erection of this sign shall not require a permit from the city.
If the sign is damaged, destroyed, or goes missing, the applicant must notify city staff within 24
hours to have a new sign placed on the property. Failure to do so will delay the request until the
next available meeting.
The sign will be picked up by the city within ten (10) days after the appeal period for the public
hearing has ended.
Section 8. That Chapter 106, "Zoning," Section 106-444 (a)(2) "Fence Buffer", of the Code of
Ordinances of the City of La Porte, Texas, is hereby amended to read as follows:
(2) Fence buffer.
a. A minimum four -foot wide planting strip is required adjacent to any adjacent residential
property.
b. Fence must be a minimum of six feet in height and constructed of solid wood, masonry or
other opaque material approved by the director of planning and development. Chain link
fencing with slats or fabric mesh does not qualify as opaque materials for meeting fence
buffer and screening requirements under this section.
c. One shade tree is required to be planted for every twenty (20) linear feet in accordance with
the size requirements in Section 106-800 (Landscaping).
Section 9. That Chapter 106, "Zoning," Section 839 "Number of Spaces Required" of the Code of
Ordinances of the City of La Porte, Texas, is hereby amended to read as follows:
Sec. 106-839. Number of spaces required.
The following minimum number of off-street parking spaces shall be provided and maintained by
ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth.
Such required parking shall include the required number of handicapped parking spaces as regulated
by the city building code, and the City's Code of Ordinances.
2017 NAICS Code
2017 NAICS Title
MINIMUM NUMBER OF
REQUIRED PARKING
SPACES
(combination)
Offices only for any use code
4 Minimum plus 3 per 1,000
s.f./office
721199
Short -Term Rentals (Except hotels, motels, casino hotels
Minimum plus 1 per
and bed & breakfast inns)
bedroom for rent
Section 10. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision
of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00).
Section 11. All ordinances or parts of ordinances of the City of La Porte, Texas, in conflict with any
provision contained herein is hereby repealed to the extent of any conflict.
Section 12. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause,
of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the
remaining portions of this Ordinance; and it is hereby declared to be the intention of this City
Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of
the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared
invalid.
Section 13. The City Council officially finds, determines, recites, and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a
place convenient to the public at the City Hall of the City for the time required by law preceding
this meeting, as required by the Open Meetings Act, Chapter 551, Texas Government Code;
and that this meeting has been open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 14. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be
published in the official newspaper of the City of La Porte at least once within ten (10) days
after the passage of this ordinance.
PASSED and APPROVED this, the 22nd day of September 2025.
ATTEST:
i '•F1
i i .
CITY OF LA
Rick HeltMayor
APPROVED AS TO FORM:
oodward, City
i