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HomeMy WebLinkAboutOrd 2025-5005_Amends Chapter 106 accessory structuresORDINANCE 2025-5005 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE REGARDING ACCESSORY STRUCTURES; SOUND WALLS; LOT WIDTH MEASUREMENT WITHIN THE LARGE LOT (LL) RESIDENTIAL ZONING DISTRICT; AND BUILDING MATERIALS; 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 revising the definition for "accessory structures", to be included in proper alphabetical sequence, to wit: Sec. 106-1. Definitions. The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context indicates a different meaning: Accessory structure (applicable to non residential uses) means a detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located-±n on the same lots as that of the principal structure or use. resideatial-1464-T-991-14434:Kerar-baf-R&r-Siled&rStGr-age-tattikting&-and-44ves,tec4,--withoot-a--4-Ral-stRic-t4r-e-,&1441-lae- per-441-s&ilaie--use--whe4406atta44-440-4-asts-raAe-asr-Q--iel--size-G.r-laFger--aAci-c,i-tuat€41--within--the-laFge-lot-clisAr-i€4,- &tr-4st‘tr-e7/444e-shali--1ae--for--the-ffopegy-GWA4r-4-p4f3g4:4--61-SEL-G441y-(-Gonamer-c-ial-ur,e-is-r-lat--ati4wg€14- 46GOSSAFy-use-or--buildinf4applic-G4le-449-FerAdeatial-wses),-An2lase-er-lauildiRe-ir,-o-n-e-G4statia4r-ity-a Accessory use means a use that is incidental and subordinate to the principal use, located on the same lot as the principal use. and which does not change the character thereof. Shipping container means an article of transportation equipment or storage, whether or not carried on a chassis, that is strong enough to be suitable for repeated use and is designed to facilitate the transportation of goods by one or more means of transportation and includes but is not limited to intermodal shipping containers as well as portable on -demand storage containers; but does not include a motor vehicle. Section 2. That Chapter 106, "Zoning," Section 106-741, "General Provisions", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: Sec. 106-741. General provisions. (h) Timing of construction. No detached accessory structure shall be constructed until the construction of the principal structure has commenced, with the exception a toolhouse, barn, shed, storage building, and the keeping of livestock when located on tracts one 11) acre in size or larger and situated in the Large Lot (al zoning district. Accessory structures/uses in the Large Lot (Ll) zoning district without a principal structure or use shall be for the property owner's personal use only, with any commercial use or application proh ibited. Section 3. That Chapter 106, "Zoning," Section 106-751, "Shipping Containers Used for Storage", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: Sec. 106-751. Shipping Containers Used for Storage. (b) Shipping containers may be used as temporary storage of household goods in the LL, R-1, R-2, and R-3 zoning districts. Shipping containers used for temporary storage of household goods must be located on a driveway or other improved surface, for a period not to exceed thirty (30) days. Shipping containers located in residential (LL, R-1, R-2, or R-3) districts in conjunction with a building permit shall be allowed during construction and must be located on a driveway or other improved surface. (Note: Certificate of occupancy shall not be issued until shipping container is removed from the site.) Section 4. That Chapter 106, "Zoning," Section 106-1, "Definitions", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: Sec. 106-1. Definitions. The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context indicates a different meaning: Sound wall means a permanent, solid barrier constructed of concrete, masonry, or similarly durable material designed specifically to block or reduce noise transmission between properties or from a roadway, railway, or other commercial/industrial areas to adjacent land uses. Section 5. That Chapter 106, "Zoning," Section 106-807. "Sound Walls" is being added to the Code of Ordinances of the City of La Porte, Texas", to read as follows: Sec. 106-807. Sound walls. la)- Intent. Sound walls are intended to be used to reduce the adverse effects of noise generated by highways, rail lines, commercial or industrial uses, or other high -noise sources on adiacent residential or noise -sensitive properties. Sound walls may be used to meet the fence buffer requirements of Sec. 106-444(a)(2) of this Code. Design and materials. Any sound wall constructed in the City of La Porte shall meet the following design requirements: j1] Minimum height: Sound walls shall be no less than six (6) feet tall. jz�, Maximum height: Sound walls shall not exceed eight (8) feet in height; however sound walls over eight (8) feet in height are permitted as a condition in an approved SCUP with a setback that is equal to the height of the wall. In no instance shall the height of the sound wall exceed twelve (12) feet. 1I Materials: Sound walls must be constructed of precast concrete, concrete block, stone, brick, or other acoustically effective materials. Sound walls visible from the public right-of-way shall be treated with graffiti - resistant materials. Fences made of wood, vinyl, or chain -link are not considered sound walls. L4} Design: Sound walls shall be architecturally treated with a decorative pattern, textured surface, or colored surface on the public facing side of the wall. Landscaping: Landscaping shall be incorporated adjacent to the wall on the public -facing side. A minimum five-foot wide planting strip is required on the public -facing side of the wall. One ornamental tree is required to be planted for every twenty (20) linear feet in accordance with the size requirements in Section 106-801 (Landscaping requirements) of this Code. Landscaping shall be located in an established common area or an easement running parallel to the sound wall but outside of any adjacent street right- of-way. Section 6. That Chapter 106, "Zoning," Section 106-333, "Table B Residential Area Requirementsl" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: Sec. 106-333. Table B, residential area requirements. (a) Table B, residential area requirements. Uses. Minimum Lot Area/D.U. S.F. Minimum Lot Width L.F./HouseSetbacks Width F. Minimum Yard L.F. F.R.S.' I. Maximum Height, Minimum Site Area/Unit S.F.°- Minimum Development Open Space/Unit S.F.- Maximum Lot Coverage/Minimum Landscaping Required^f°f^ Single-family large lot 43560 90/26 Footnote II 20 25-15-5 45 Ft. 43560 1.0 DU/A — 40%/N/A TABLE B FOOTNOTES 20 In the Large Lot (LL) Residential zoning district, lot width shall be measured at the point where the front property line adjoins the street right-of-way. Section 7. That Chapter 106, "Zoning," Section 106-334 "Special Use Performance Standards, Residential", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: Sec. 106-334. Special use performance standards; residential. (g) Shipping containers. Single-family homes comprised and/or constructed of one or more shipping containers are permitted within all residential zoning districts with the following conditions: (1) Any and all exposed container parent material shall -be clad with one or a combination of the following - materials: Masonry rnateriafsrstuccco, wood siding, ^y c wood (such as hardie board), or ppr-oval from the plan +ng, director. No portion of the original shipping container exterior is allowed to be visible at any time. Section 8. That Chapter 106, "Zoning," Section 106-751 "Special Use Performance Standards", of the Code of Ordinances of the City of La Porte, Tcxas, is hereby amended to read as follows: Sec. 106-751. Shipping containers used for storage. (5) Structure must have a minimum 3/12 pitched composition shingled roof or other material approved by thedirector building code. (6) All sidings shall be covered with hardy plank, or other material -approved by the director, The doors may remain uncover -eel-, Section 9. That Chapter 106, "Zoning," Section 106-928 "Architectural Design Guidelines", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: Sec. 106-928. Architectural design guidelines. (c) Roofs (Applicable to Tier 1). (1) Where clearly visible from a public street or along active storefronts, any hip, gable or mansard roofs may only utilize the following materials: me- -s-tandil:g-s am, slate, clay or concrete tile (barrel or Roman shape) use any roofing material allowed by the building code. Minimum three on 12 roof pitch required. (e) Exterior Facade Materials (1) Allowed exterior materials -are categorizedinto-thei-foliwzlng three groups, of which at least two materials from different groups -shall -fie -used in all exterior facades in Tier 1, Tier 2, and Tier 3: a. Group A: Brick and stone b. Group B: Stucco, architectural concrete block with integrated color (split face CMU), factory primed cementitious fiberboard in the form of lap siding or board and batten, EIFS (above 11 feet from grade only), and painted, colored or stamped tilt wall. c. Group C: Metal, tile, wood. (2) Prohibited exterior materials include cinder block, vinyl, plastic, aggregate pea gravel finished surfaces, and pre engineered metal building -siding: (3) Primary facade treatment sfandar ds--applic-able to Tier 1 buildings. The following shall -apply to all exterior walls of Tier 1 buildings which are clearly visible-frfm a public street or -along -an -active storefront: a. Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least 80 percent Group A materials and a^'^'n . nt r_r p u materials, Howe„er ent r-natecials from Group C r . aIloweel i., ri^,ited application for architectural features as approved by the director of planning and development or designee b. Buildings over 50,000 square feet may -use Split Face CMU (architectural block) for up to 20 percent of the primary facade, in addition to the 20 percent of Group B materials. (4) Primary facade treatment standards applicable to Tier 2 buildings. The following shall apply to all exterior walls of Tier 2 buildings which are clearly visible from a public street orleng-an-active storefront: Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least 50 percent Group A materials and up to 50 percent Group B materials. However, accent materials from Group C may be a plication for architectural f atures as approved by the director of planning and development -or -designs . (5) Pri ary facade treatments standards applicable to Tier 3 buildings. The following shall apply to all exterior walls of Tier 3 buildings which are clearly visiiale-fr-0411 a public street or -along an active storefront: Primary facades, excluding windows, doors, and other openings, shall be constructed of at least 20 percent Group A materials and up to 80 percent Group a miter•iI ited application for ar-Ehitectural f atures as approved by the director of planning and development or designee. (1) Building color requirements are applicable to buildings in all tiers. The dominant color of all buildings shall be muted shades of color. Black and stark white shall not be used except as an accent color. There are no restrictions on accent colors which comprise less than one percent of the building face, except that fluorescent colors are prohibited. (2) All gas station development categorized as Tier 1 buildings isare required to wrap each of the canopy support columns over the service islands entirely from the ground to the bottom of the canopy. All gas station developments categorized as Tier 2 or Tier 3 buildings shall be required to wrap the base of any support posts up to a height of four feet from the ground with similar materials in stone or masonry to match that required an the primary facade of the building. Section 10. That Chapter 106, "Zoning," Section 106-938 "Architectural Design Guidelines" of the Code of Ordinances of the City of La Porte, Texas", is hereby amended to read as follows: Sec. 106-938. Architectural design guidelines. (a) Exterior Facade Materials (1) At I ast two of the following materials shall -be -used on all exteriors: brimstone stucco, architectural - concrete block with integrated coley -(split face CM-U, factory primed cementitious fiberboard (in the form of lap siding or board and batten)). (2) Prohibited exterior materials include cinder block, vinyl, wood, plastic, aggregate pea gravel fiuishe4 surfaces, and pre engineered metal building siding. (#)(a) Building color requirements. (1) The dominant color of all buildings shall be muted shades of color. Black and stark white shall not be used except as an accent color. (2) There are no restrictions to accent colors which comprise of less than 6% of the structure. However, in no instance shall fluorescent colors be permitted. (3) Visible roof colors shall be a muted shade of cool gray, warm gray, brown or red. Section 11. That Chapter 106, "Zoning," Section 106-948 "Architectural Design Guidelines" of the Code of Ordinances of the City of La Porte, Texas", is hereby amended to read as follows: Sec. 106-948. Architectural design guidelines. (d) Fayade characteristics. (1) Building facades shall emphasize clearly articulated main entrances using awnings, canopies, columns, pilasters and recessed entrances including side on corner lots. (2) Window and door openings shall have a vertical orientation and align vertically between floors. ll be 65 86%gla2e4,4,Ippe-r-fleors shall be 35 65%glazed (3) Canopies shall be appropriate to a building's architectural style and shall not conceal significant architectural features. {e) Exterior wall materials. {1) The primary material (minimum of 90%) shall be brick, stone, stucco, block, wood siding or synthetic wood (such as Harclip4a4444— (2) Sheet metal siding, plywood, and EIFS (Exterior Insulation Finishing System), synthetic stucco, and burglar bars shall not be used. (d) Redevelopment principles forsingle-family dwellings. (1) Homes shall be no more than two stories in height. (2) Houses should be designed to incorporate characteristics in pre-1930's residential construction. Colors common during the time should be utilized. (3) The primary material (minimum of 90%) shall be brick, stone, stucco, block, wood siding or synthetic wood (such as Hardiplank). (1) Sheet metal siding, plywood, and EIFS (Exterior Insulation Finishing System), synthetic stucco, and burglar bars shall not be used. (3) Where original doors and/or windows were blocked or covered, those openings should be restored to their original appearance. (4) The use of aluminum. window frames is prohibited. Section 11. 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 12.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 13. 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, orpart thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 14.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 15. 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 ATTE T: el ,1u • odward, it" day ofDC , NA CITY OF LA PORT Rick Helton, M. or APPROVED AS TO FORM: Clark T. Askins, City Attorney