HomeMy WebLinkAboutO-2012-3453 amend Ch106/accessory structureORDINANCE NO. -453
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY ALLOWING ACCESSORY
STRUCTURE, USE OR BUILDING WITHOUT REQUIRED PRINCIPAL STRUCTURE ON
THE SAME PROPERTY FOR TRACTS ONE ACRE OR LARGER AND LOCATED IN
LARGE LOT ZONING DISTRICT; PROVIDING A REPEALING CLAUSE; CONTAINING
A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; 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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article I, "In
General", Section 106-1, "Definitions" is hereby amended by adding the following terms, to be
added in proper alphabetical sequence, and to read as follows:
Accessory structure, use or building without required principal structure.
Toolhouses, barns, sheds, storage buildings and livestock, without a principal structure,
shall be permissible use when located on tracts one acre in size or larger and situated
within the Large Lot district. Structure/use shall be for the property owner's personal use
only (commercial use is not allowed).
Section 2. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article III.
"Districts", Division 2. "Residential District Regulations", Subdivision 1. "Generally" is hereby
amended by amending Section 106-331, which section shall read as follows:
"Sec. 106-331. Table A, Residential Uses.
P (ABC)—Permitted uses (subject to designated criteria established in section 106-334).
P—Permitted uses.
A—Accessory uses (subject to requirements of section 106-741)
C—Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-334 as determined by the planning and zoning
commission).
*—Not allowed.
Uses (SIC Code #)
Zones
R-1 R-2 R-3 MH LL
Domestic livestock—Large residential lot A A A A P
Domestic livestock – without an existing principal structure on the property * * * * P
(permitted in Large Lot district, but only if tract is one acre in size or greater)
Storage of equipment behind a screening device (permitted in Large Lot district, A A A A P
but only if tract is one acre in size or greater)
Noncommercial toolhouses, barns, sheds, storage buildings (associated with A A A A P
residence, except in Large Lot district for tracts one acre in size or greater)
Section 3. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article III.
"Districts", Division 2. "Residential District Regulations", Subdivision I. "Generally" is hereby
amended by amending Section 106-333, which section shall read as follows:
• Sec. 106-333. - Table B, residential area requirements.
(a) Table B, residential area requirements.
Uses
Minimum
Minimum
Minimum
Maximum
Minimum
Minimum
Maximum
8
Lot
Lot
Yard
Height
Site
Development
Lot
Area/D.U.
Width
Setbacks
Area/Unit
Open Space/
Coverage/
S.F.
L.F.
L.F. F.R.S.
S.F.
Unit S.F.
Minimum
2, 3, 4, 5, 6, 10,
7
Landscaping
11 12, 13, 14,
Required
15
9, 19
Large Lot District
where tract is one
acre in size or greater
See Sec. 106-416. Special Regulations.
(without existing
principal structure:
Accessory Structure/
Domestic livestock
Pj
Section 5. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V.
"Supplementary District Regulations", Division 2. "Accessory Buildings, Uses and Equipment"
is hereby amended by amending Section 106-741 to add new subparagraph `j', which section
shall read as follows:
• Sec. 106-741. - General provisions.
(j) Large lot district. The property owner of a toolhouse, barn, shed, storage building
and/or livestock in the Large Lot district on a tract one acre in size or larger
authorized without a principal structure on the property, shall be responsible for
ensuring no one lives in the toolhouse, barn, shed, or storage building without
properly permitting the structure for residential habitation, the property is kept in a
sanitary condition and the property complies with all applicable City regulations.
Section 5: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 6: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 7. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 8. 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 is 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 Chapter 551, Texas Local 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.
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Section 9. 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, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the_W Cgday of , 2012.
Cl'
an
EST:
A:
Patrice Fogarty, Ci Secreta
APPROVED:
Clark Askins, Assistant City Attorney
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