HomeMy WebLinkAboutO-1986-1501 (CLP Zoning Ordinance book)
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CITY OF LiA PORTE
ZONING O~~DINANCI5
1501
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CITY OF LA PORTE ZONING ORDINANCE
Table of Contents
Article 1
1 - 100
1 - 200
1 - 300
1 - 400
1 - 500
1 - 600
Article 2
2 - 100
2 - 20'0
2 - 300
2 - 400
2 - 500
2 - 600
2 - 700
2 - 800
Article 3
Article 4
4 - 100
4 - 200
4 - 300
4 - 400
Article 5
5 - 200
5 - 300
5 - 400
5 - 500
5 - 600
5 - 700
5 - 800
Article 6
6 - 100
6 - 200
6 - 300
Title. Pu~ose & Inte~retation
Title
Purpose
Relation to Comprehensive PIan
Conflicts with other Ordinances
Minimum Requirements
Rules
Official Zoning Map Provisions
Map Provisions
Changes in District Boundaries
Zoning Map Change Procedures
Unauthorized Map Changes
Location & Authority of Zoning Maps
Replacement of Zoning Maps
Interpretation of Zoning District Boundaries
Land Use Districts
Definitions
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General provisions
Certified Site Plan Required
Non-Conforming Buildings, Structures, & Uses
Non-Conforming Lots of Records
Zoning of Annexed Property
Residential District Regulations
R-1 Low Density Residential District
R-2 Mid Density Residential District
R-3 High Density Residential District
MH - Manufactured Housing District
Table A Residential
Table B Residential
Special Conditional Use Performance
Standards - Residential
Commercial District Regulations
CR - Commercial Recreation District
NC - Neighborhood Commercial District
GC - General Commercial District
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2
2
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3
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4
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5
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22
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23
26
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28
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32
35
37
41
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6 - 400
6 - 500
6 - 600
Article 7
7 - 200
7 - 300
7 - 400
7 - 500
7 - 600
7 - 700
Article 8
8 - 100
8 - 200
8 - 300
8 - 400
Article 9
Article 10
10 - 100
10 - 200
10 - 300
10 - 400
10 - 401
10 - 402
10 - 403
10 - 500
10 - 600
10 - 700
10 - 800
10 - 900
10 - 1000
Article 11
11 - 100
11 - 200
11 - 300
Page
Table A Commercial
Table B Commercial
Special Conditional Use Performance
Standards
43
47
48
Industrial District Regulations
53
BI - Business-Industrial Park District
LI - Light Industrial District
HI - Heavy Industrial District
Table A Industrial
Table B Industrial
Special Conditional Use Performance
Standards
53
54
55
55
60
61
Planned Unit Development District
63
Purpose and Intent
POD-Permitted, Accessory, and Special
Conditional Uses
POD-Density/Intensity Regulations
POD-Special Regulations and Procedures
63
63
63
63
Reserved for E~ansion
65
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Special Regulations
Planned Unit Development Procedures
Special Conditional Use Permit for
all Conditional Uses and all
Zoning Districts
Accessory Building Uses & Equipment
Exceptions
Yard Requirements
Height Requirements
Exterior Storage Requirements
General Fencing & Landscaping Requirements
Off-Street Parking Requirements
Off-Street Loading Requirements
Airport Height Restrictions
Tree Preservation
Sign Regulations
67
67
74
75
78
78
79
80
80
82
94
97
97
97
Administration and Enforcement
105
Enforcement provisions
Building Permit Applications
Zoning Permit
105
107
107
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11 - 400
11 - 500
11 - 501
11 - 502
11 503
11 - 504
11 - 505
11 - 506
11 - 507
11 - 600
11 - 601
11 - 602
11 - 603
11 - 604
11 - 605
11 - 606
11 - 607
11 - 608
11 - 609
11 - 610
11 - 611
11 - 612
11 - 613
11 - 700
11 - 800
11 - 900
11 - 1000
11 - 1100
Page
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Application Fees
City Planning & Zoning Commission
Membership and Structure
General Proceedings
General Powers & Duties
Regular Ordinance Review
Hearing
Special Conditional Use Procedures
Amendment Procedures
1. Public Hearings before P & Z
2. Notice of Public Hearings before
Planning & Zoning Commission -
Proposed Changes in Classification
3. Notice of Public Hearings before
Planning & Zoning Commission -
Zoning Ordinance
4. Forwarding of Recommendation to
City Council
5. Public Hearing before City Council
6. Council Action
7. Protest
8. Council Vote Required to Overrule
Planning & Zoning Commission
Recommendation
Board of Adjustment
Organization
Rules and Meetings
Powers and Duties
Appeals to Board of Adjustment
Special Exception
Variances
Additional Conditions Imposed upon
variances
Notice of Public Hearing before the
the Board of Adjus~ment
Votes Necessary for Decisions of
Board of Adjustment
Appeals from Board of Adjustment
Revocation and Modification of Order
of Board of Adjustment
Re-App1ication
Validity
Penal Clause
Savings Clause
Invalidity of a Part
Repealer of Conflicting Laws
Effective Date
119
120
120
120
121
121
121
121
109
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109
109
109
111
111
111
112
112
112
112
113
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113
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ORDINANCE NO. 1501
AN ORDINANCE REPEALING THE ZONING ORDINANCE OF THE CITY OF LA PORTE,
TEXAS, ADOPTED FEBRUARY 6, 1968, 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
MISDEMEANOR, 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 facilitate the adequate
provisions of transportation, water, sewage, schools, parks and other
public requirements; to conserve the value of property and encourage the
most appropriate use of land throughout the City, all in accordance with
a comprehensive plan.
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WHEREAS, V.T.C.A., Local Government Code 211.001, 211.003, empowers the
City to enact a land use ordinance and to provide for its
administration, enforcement, and amendments; and
WHEREAS, the City Council deems it necessary, for the purpose of
promoting the health, safety, morals, and general welfare of the
community to enact such an ordinance; and
WHEREAS, the City Council, pursuant to the provisions of V.T.e.A., Loca1
Government Code, has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original districts and
appropriate regulations to be enforced therein; and
WHEREAS, 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, the Planning and Zoning Commission has in all respects given
reasonable consideration to the character of the land use districts and
their peculiar suitability 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
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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:
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ARTICLE ONE: TITLE, PURPOSE, AND INTERPRETATION
Section 1 - 100 - Title
This Ordinance shall be known, cited, and referred to as "The City of La
Porte Zoning Ordinance."
Section 1 - 200 - Pu~ose
The zoning regulations and districts as herein established have been
made in accordance with a comprehensive plan for the purpose of
promoting health, safety, morals, and the general welfare of the City of
La Porte. They have been designed to lessen congestion in the streets,
to secure safety from fire and panic and other dangers, to provide
adequate light and air, to prevent overcrowding of land, to avoid undue
concentration of population, and to facilitate the adequate provision of
transportation, water, sewerage, schools, parks and public facilities.
They have been made to reasonable consideration, among other things, for
the character of the district, its peculiar suitability for particular
uses, and with a view of conserving the value of building and
encouraging the most appropriate use of land throughout the City.
Section 1 - 300 - Relationship to Comprehensive Plan
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It is the policy of the City of La Porte that the enforcement,
amendment, and administration of this Ordinance be accomplished with due
consideration of the recommendations contained in the Comprehensive Plan
as developed and amended from time to time by the Planning Commission
and the City Council of the City. The Commission recognizes the
Comprehensive Plan as the Policy established by the City of La Porte
Planning & Zoning Commission and the City Council of the City of La
Porte, respectively, to regulate land use and developments in accordance
with the policies and purposes herein set forth.
Section 1 - 400 - Conflict with Other Re~irements
It is not the intent of this Ordinance to repeal, abrogate, annul or in
any way impair or interfere with existing provision or other laws or
ordinances, except as the same may be specifically repealed by the terms
of this ordinance, or with private restrictions placed upon property by
covenant, deed easement, or other private agreement. Where the
conditions imposed by any provisions of this Ordinance are either more
or less restrictive than comparable conditions imposed by another
ordinance, rule or regulation of the City or private agreement, the
ordinance, rule or regulation which imposes the more restrictive
condition, standard, or requirements shall prevail.
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Section 1 - 500 - Minimum Re~irements
When interpreting and applying the provisions of this Ordinance, such
provisions shall be held to be the minimum requirements, for the
promotion of the public health, safety, convenience, comfort,
prosperity, and general welfare.
Section 1 - 600 - Rules
For the purpose of this Ordinance certain terms or words herein sha11 be
interpreted or defined as follows:
1 - 601
1 - 602
1 - 603
1 - 604
1 - 605
1 - 606
Words used in the present tense include the future tense;
The singular includes the plural;
The word "person" includes a corporation, partnership, joint
tenancy, sole proprietorship, or any other form of business as
well as an individual;
The term "shall" is always mandatory; "may" is always
permissive;
The term "used" or "occupied" as applied to any land or
buildings shall be construed to include the words "intended,
arranged or designed to be used or occupied".
Words or phrases not defined in this article shall have their
ordinarily accepted meaning of such as the context may imply.
ARTICLE TWO: OFFICIAL ZONING MAP PROVISIONS
Section 2 - 100 Map Provisions
The City is hereby divided into zones, or districts, as shown on the
Zoning Maps described herein which, together with all explanatory matter
thereon, are as passed and amended adopted by reference and declared to
be part of this Ordinance. Three original and identical copies of the
zoning district map shall be ide~tified by the signature of the Mayor,
attested by the City Secretary and bearing the seal of the City of La
Porte under the following words:
"This is to certify that this is the Original Zoning Map/Official Zoning
Map referenced to in Article 2 of Ordinance No. of the City of
La Porte, Texas".
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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.
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) .
2 - 102
Section 2 - 200 Changes 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 Counc~l.
Section 2 - 300 Zoning Map Change 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 Changes
No change of any nature shal1 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 Maps
Regardless of the existence of purported copies of the Official Zoning
Maps which may from time to time be made public or published, 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.
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Section 2 - 600 Replacement of the Zoning 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
changes and additions, the City Council may, by resolution, adopt a new
Official Zoning Map based on review and a written report from the
Planning Commission of the City of La Porte, which shall supersede the
prior Official Zoning Maps. The new Official Zoning Map may correct
drafting or other errors or omissions in the prior Official Zoning Maps,
but no such corrections shall have the effect of amending the original
Official Zoning Map or any subsequent amendment thereof. The new
Official Zoning Map shall be identified by the signature of the Mayor,
attested by the City Secretary, and bearing the Seal of the City and
date under the following words:
"This is to certify that this Official Zoning Map supersedes
and replaces the Official Zoning Map adopted (date of adoption
of the map being replaced) as part of the Zoning Ordinance of
the City of La Porte, Texas."
Section 2 - 601 Zoning Map History
Unless the prior Official Zoning Map has been lost or has been totally
destroyed, the prior map, as superseded in accordance with Section 2 -
600, or any significant parts thereof remaining, 'Shall be preserved,
together with all available records pertaining to its adoption or
amendment.
Section 2 - 700 Inte~retation of Zoning District Boundaries
In determining the location of zoning district boundaries on the map
accompanying and made a part of these regulations, the following rules
shall apply:
2 - 701
2 - 702
2 - 703
2 - 704
Where boundaries are shown to follow streets or alleys, the
centerline of such streets or alleys as they exist at the time
of adoption of these regulations shall be the zoning boundary.
Where boundaries are shown to enter on cross platted blocks,
property lines of lots, as they exist at the time of adoption
of these regulations, shall be the zoning boundary.
In case of a district boundary line dividing a property into
two parts, the district boundary line shall be construed to be
the property line nearest the district boundary line as shown.
Where boundaries are shown on unsubdi vided property, the
location shall be determined by use of the scale shown on the
map unless dimensions are given on the map.
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Section 2 - 800 Land Use Districts
For the purpose of this Ordinance, the Ci ty of La Porte is hereby
divided into land use development districts as follow:
District Symbol
District
R-1
R-2
R-3
MH
NC
GC
CR
BI
LI
HI
PUD
Low density residential
Mid density residential
High density residential
Manufactured housing district
Neighborhood commercial district
General commercial district
Commercial recreation district
Business-industrial park district
Light industrial
Heavy industrial
Planned unit development district
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.
Abutting: 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.
Accesso:ty Use or Building: An "accessory use or bui1dingll 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 (20') 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.
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Bed & Breakfast: A building, the primary use of which is a single
family residence, in which sleeping rooms are available for overnight
rental, subject to the following restrictions.
1. Bed & Breakfast shall be operated by resident homeowners.
2. Bed & Breakfast shall conform to the requirements of Section
5-800.
3. Parking shall be provided in accordance with the requirements
of Section 10-609.
4. A Bed & Breakfast shall be allowed one (1) sign, not exceeding
three (3) square feet in area and non-illuminated. This sign
may be either mounted on the building or located in a
landscaped portion of the yard. Yard signs shall be located
in accordance with the provisions of Section 10-1000,
Residential Sign Table B.
Board of Adjustment: The Zoning Board of Adjustment of the City of La
Porte.
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.
Building: A "building" is any structure built for the support, shelter,
or enclosure of persons ",I chattels or property of any kind and which is
affixed to the land.
Building 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.
Bui1dinQ 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.
Bui1dinQ Line: See setback line.
Building Permit: An instrument in writing signed by the building
inspector authorizing described construction on a particular lot. Refer
to the Southern Building Code Congress International (S.B.C.C.I.) for
additional information.
Business Frontage: The linear measurement of the side of the building
which contains the primary entrance of the building.
Ca:q>ort: A roofed structure, free-standing or attached to another
structure designed to provide covered parking for vehicles. A carport
shall have no enclosing walls. A structure shall not be considered to
be a carport unless it is located directly over a driveway.
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City: City of La Porte.
City Council: The words "City Council" shall mean the City Council of
the City of La Porte, Texas.
City Attorney: The City Attorney of the City of La Porte, Texas, or his
authorized representative.
City Manager: That person holding the office of City Manager under the
terms of the La Porte Charter, or his authorized representative.
City Secretary: That person holding the office of City Secretary under
the terms of the La Porte Charter, or his authorized representative.
Clinic: An institution, public or private,
examination and treatment of patients by an
doctors, dentists, or other licensed members
profession.
or a station for the
individual or group of
of a human health care
Controlled Access Highway: Any thoroughfare which is a high volume
freeway (without signalization on principal lanes) designed for four (4)
to eight (8) main lanes and four (4) service lanes with a right-of-way
(R.O.W.) capacity that allows two (2) to four (4) additional lanes.
Controlled Access Hiqhway Corridor: A corridor extending five hundred
feet (500') to either side of the right-of-way (R.O.W.) of a controlled
access highway as designated on the City of La Porte's'~and Use Map.
NOTES:
The definition of Controlled Access Highway (with some
minor rephrasing) was taken from Volume One, Section 1.3
of the City's Comprehensive Plan.
Controlled Access Highway Corridors are established on
the City's Land Use Map and designated by a cross hatched
high-light. State Highway 225 and New State Highway 146
are the only thoroughfares within the City presently
designated as Controlled Access Highways.
Interim Sign Regulations: Signs located within a
Controlled Access Highway Corridors shall be limited to
a maximum height of sixty-five feet (65').
Commercial Amusement or Recreation: An enterprise whose main purpose is
to provide the general public with an amusing or entertaining activity,
where tickets are sold or fees collected at the gates of the activity.
Commercial amusements include zoos, carnivals, expositions, miniature
golf courses, driving ranges, arcades, fairs, exhibitions, athletic
contests, rodeos, tent show, ferris wheels, children's rides, roller
coasters, skating rinks, ice rinks, traveling shows, bowling alleys,
pool parlors, and similar enterprises.
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Commercial Amusement or Recreation - Adult: An enterprise whose main
purpose is to provide adults with an amusing or entertaining activity.
Such activity must be restricted to adults only, licensed in accordance
with other city ordinances, and may be only located in accordance with
the provisions of this Ordinance.
Commercial Motor Vehicle: Any motor vehicle designed or used for the
transportation of persons or property for hire, with a rated carrying
capacity in excess of one ton, including every vehicle use for delivery
purposes.
Commission: The Planning and Zoning Commission of the City of La Porte.
Common Property: A parcel or parcels of land, together with the
improvements thereon, the use and enjoyment of which are shared by the
owners and occupants of the individual building sites.
Condominium: Two (2) or more dwelling units on a lot with individu~l
ownership of a unit rather than a specific parcel of real property;
together with common elements. See Section 81.001 et seq, Texas
Property Code, and S.B.C.C.I.
Conservation Area: A designation on the land use and zoning maps
representing an area of natural undeveloped land, characterized by
scenic attractiveness. When so designed, all conservation areas require
a minimum setback of twenty feet (20') from the edge of the stream or
bayou bank, right-of-way line, or other natural features.
Convalescent Home:
persons recovering
compensation.
Any structure used or occupied by three (3) or more
from illness or receiving geriatric care for
Corner Lot: A lot abutting upon two (2) or more existing or proposed
street right-of-ways at their intersections.
Curb: For purposes of this Ordinance, a restraint located upon the edge
of a parking lot, not necessarily continuous, that restrains automobiles
or other vehicles from access to an adjoining street, sidewalk, alley
way, adjacent property, or other adjoining use. As defined in this
Ordinance, the term "Curb" includes a generic precast concrete curb
stop.
Density: The measure of a degree to which land is filled with units
designed to accommodate a particular use as said use is set forth in
this Ordinance. Measurements allow inclusion of internal streets and
public ways required to be dedicated in calculating density per acre.
Streets dedicated, improved and accepted prior to platting or the
property shall not be counted.
Deoartment:
Porte.
The Community Development Department of the City of La
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Deve10ged Site Area: That area which is being developed as per
definition by Development Ordinance.
Deve10-pment Ordinance: The City of La Porte Development Ordinance,
being Ordinance No. 1444, together with any amendments thereto.
Director: That person holding the position of Director of Community
Development for the City of La Porte or his designated representative.
District: A "district" is a zoning district which is a part of the City
wherein regulations of this Ordinance are uniform.
Dormito~: A space in a unit where group sleeping accommodations are
provided with or without meals for persons not members of the same
family group in one room or in a series of closely associated rooms
under joint occupancy and single management, as in college dormitories,
fraternity houses, military barracks, and ski lodges.
Duplex: A "duplex" is a building built for, occupied by, or intended
for the occupancy of two (2) families, and containing two (2) dwelling
units.
Dwelling: A dwelling is a building or portion thereof other than
manufactured housing or recreational vehicles, designed and used
exclusive1y for residential occupancy, including one-family dwellings,
two-family dwellings, and multiple-family dwellings, but not including
hotels, motels or lodging houses.
Dwelling. Attached: An "attached dwelling" is one which is joined to
another dwelling at one or more sides by party wall or walls.
Dwelling. Detached: A "detached dwelling" is one which is entirely
surrounded by open space on the same building lot.
Dwelling. Single Family: A residential building, other than
manufactured housing or recreational vehicles designed for occupancy for
one (1) family only.
Dwelling. Multi-Family: A residential building designed for occupancy
of three (3) or more families, with the number of families not to exceed
the number of dwelling units.
Dwelling. Two Family: Refer to Duplex.
Dwelling Unit: A single unit providing complete, independent living
facilities for one (1) or more person including permanent provisions for
living, sleeping, eating, cooking and sanitation.
Efficiency Apartment: An apartment without a bedroom separate from
other living quarters.
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Enforcing Officer: The Chief Building Official of the City of La Porte
or his designated representative.
Family: A "family" is any number of related persons or, not more than
four (4) unrelated persons living as a single housekeeping unit.
Fence: A man-made structural barrier erected on or around a piece of
property or any portion thereof.
Floor Area: The sum total area of all floors as calculated from
measurements to the outside walls.
Foundation System: An assembly of materials constructed below, or
partially below-grade, not intended to be removed from its installation
site, which is designed to support the structure and engineered to
resist the imposition of exterior natural forces, as defined by the
Southern Standard Building Code. Such foundation system shall be
skirted or enclosed with wood, or masonry to give the appearance of a
solid foundation, if one is not provided, compatible with the appearance
of adjacent housing.
Freestanding Sign: An outdoor sign supported by uprights or braces
placed in or upon the ground, or mounted on a vehicle, trailer, or
mobile structure principally used for the purpose of advertising or
display of information. For the purpose of this ordinance, a portable
sign shall be considered to be a freestanding sign.
Garage. Private: A "private garagell is an accessory building designed
or used for the storage of motor vehicle owned and used by the occupants
of the building to which it is an accessory.
Garaqe. Public: A "public garage" is a building or portion thereof,
other than a private or storage garage, designed or used for servicing,
repairing, equipping, hiring, selling, or storing motor driven vehicles.
Glare: Emitted light which exceeds sixty (60) footcandles.
Grade: A referenced plane representing the average of finished ground
level adjoining the building and all exterior walls.
Grand 0gening: The formal offering by a new business of its goods,
wares, merchandise, service, entertainment, or activity.
Greenway Corridor: A publicly owned system of trails and walkways,
patterned in the open space and pedestrian system plan, and is
designated on the land use map, park zone map, and zoning map of the
City of La Porte, that link existing and proposed neighborhood,
communi ty , and regional parks with each other and other proposed
activity areas of the City. These trails and walkways, are in their
majority within existing right-of-way, but may be within proposed
right-of -way to be acquired by the City of La Porte. Greenway corridors
are a special use site, as said special use site is defined in the City
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of La Porte Development Ordinance, Section 12.07.
Group Care Facilities: Residential facilities designed to provide a
transition from traditional treatment facilities to normal daily living
for special populations such as the mentally retarded, physically
handicapped, or substance users. These facilities include but are not
limited to half-way houses and group homes.
Height of Building: The vertical distance from grade to the highest
finished roof surface in the case of flat roofs, or to a point at the
average height of roofs having a pitch of more than 2.5/12; height of a
building in stories does not include basements and cellars, except as
specifically provided otherwise.
Hardship: A determination made by the Zoning Board of Adjustment in
hearing a variance request in accordance with Section 11-600 (f) of this
Ordinance.
Home Owners Association: An incorporated, nonprofit organizat10n
operating under recorded land agreements through which (a) each lot
and/or homeowner in a planned unit or other described land area is
automatically a member, (b) each lot is automatically subject to charge
for a proportionate share of the expenses for the organization's
activities, such as maintaining a common property; and (c) the charge',
if unpaid, becomes a lien against the property.
Home Occupation: An occupation limited to custom production, repairing,
and servicing, conducted at a dwelling unit, provided it conforms to the
following definitions, and provided that said occupation does not
involve general retail sales:
a. No person other than members of the family residing in the
premises shall be engaged in such occupation;
b. The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential
purpose by its occupants, and not more than 25% of the floor
area of the dwelling unit shall be used in the conduct of the
home occupation;
c. There shall be no change in the outside appearance of the
building or premises, or other visible evidence of the conduct
of such home occupation other than one (1) sign, not exceeding
two (2) square feet in area, non-illuminated, and mounted flat
against the wall of the principal building;
d. No display, visible from the exterior of the dwelling shall be
connected with such home occupation;
e. There shall be no outside storage of any kind, including
vehicles or equipment connected with such home occupation;
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f. No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential
neighorhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street;
g. No equipment or process shall be used in such home occupation which
creates noise, vibration, glare, fumes, odors, or electrical
interference detectable to the normal sense off the lot, if the
occupation is conducted in a single-family residence. In the case
of noise, the level shall not exceed 50% of the values established
in Section 7-501 1G. In the case of electrical interference, no
equipment or process shall be used which creates visual or audible
interference in any radio or television receivers off the premises,
or causes fluctuations in the line voltage off the premise.
Hospital. Sanitarium. Nursing or Convalescent Homes: A building or
portion thereof, used or designed for the housing or treatment of sick,
aged, mentally ill, injured, convalescent 'or infirm persons; provided
that this definition shall not include rooms in any residential
dwelling, hotel, or apartment hotel ordinarily intended to be occupied
by said persons.
Identification Sign: Any sign which carries only the firm, business or
corporate name, the major enterprise on the premises, or the principal
products offered for sale on the premises.
Industrial Housing & Buildings: A residential or commercial structure
that is constructed in one or more modules or constructed using one or
more modular components, built to the specifications of the Texas
Department of Licensing and Regulation (T.D.L.R.) Rules and Regulations
and designed to be placed on a permanent foundation system consistent
with the above requirements. Said industrialized house or building must
bear a T.D.L.R. approved decal or insignia permanently affixed to each
transportable section or component of each industrialized house or
building to indicate compliance with the State standards. An
industrialized house or building is not a mobile or manufactured home as
defined herein.
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Landscaoed: Adorned or improved by contouring land and placing thereon
live flowers, shrubs, trees, grass, wood, stone, and ponds or streams.
Light Truck: Any truck (as defined in this article) with a limited
manufacturers rated carrying capacity. This definition is intended to
include those trucks with said rated carrying capacity being not in
excess of one (1) ton, panel delivery trucks and carryall trucks.
Loading Berth: A parking area provided for commercial motor vehicles,
designed for the receipt or distribution by said vehicles of materials
or merchandise to or from the use to which said parking area is
accessory.
Lot Area oer Dwe11ing Unit:
"Lot area per dwelling unit" is the lot
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area required for each dwelling unit located on a building lot.
Lot Coverage: Area under roof on any given lot.
Lot. Corner: A "corner lot" is a building lot situated at the
intersection of two (2) existing or proposed street rights-of-way, the
interior angle of such intersection not exceeding 135 degrees.
Lot. Depth: "Lot depth" is the mean horizontal distance between the
front lot line and the rear lot line of the building lot measured within
the lot boundary.
Lot. Interior: An "interior lot" is a building lot other than a corner
lot.
Lot Line: A "lot line" is a boundary of a building lot.
Lot Line. Front: A "front lot line" is that boundary of a building lot
which is the line of an existing or dedicated street. Upon corner lots
either street line may be selected as the front lot line providing a
front and rear yard are provided adjacent and opposite, respectively to
the front lot line.
Lot Line. Side: A "side lot line" is any boundary of a building lot
which is not a front lot line or a rear lot line.
Lot Line. Rear: The "rear lot line" is that boundary of a building lot
which is most distant from and is, or is most nearly parallel to the
front lot line.
Lot of Record: A" lot of record" is an area of land designated as a lot
on a plat of a subdivision recorded pursuant to statutes of the State of
Texas with the County Clerk (of the County of Harris, Texas) or an area
of land held in single ownership described by metes and bounds upon a
deed recorded or registered with the County Clerk.
Lot. Residential Large: A homesite for a single family home that is
comprised of at least one (1) acre (43,560 square feet). Minimum lot
width shall be 100 feet.
Lot. Single Family Dwe11ing. Special: Any residential lot for single
family dwelling purposes with an area of less than 6,000 square feet,
but greater than 4,500 square feet.
Lot. Through: A" through lot" is a building lot not a corner lot, both
the front and rear lot lines of which adjoin street lines. On a
"through lot" both street lines shall be deemed front lot lines.
Lot. Width: The "lot width" is the minimum distance measured in a
straight line between the side lot lines of a building lot along a
straight line, which shal1 be on the side of the building.
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Manufactured Housing or Mobile Homes: A structure, transportable in one
(1) or more sections, which in the traveling mode is eight (8) body feet
or more in width or forty feet (40') in length, or, when erected on
site, is three hundred twenty (320), or more square feet in size and
which is built on a permanent chassis and designed to be used as a
dwelling with or without a foundation system when connected to the
required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems contained therein. Such
manufactured housing mayor may not be constructed under H.U.D.
specifications.
Manufactured Housing Parks: A development under single ownership
intended for the rental or leasing only of manufactured housing units.
Manufactured Housing Subdivision: A subdivision designed and/or
intended for the sale of lots for residential occupancy by manufactured
housing meeting H.U.D. specifications as established under the National
Manufactured Housing Construction and Safety Act.
National Manufactured Housing Construction and Safety Act of 1974:
The Federal Act which governs the standards for construction, design,
and performance of manufactured homes or mobile homes builtin the
United States since June 15, 1976 defined as homes meeting H.U.D.
specifications.
New Business: A project or undertaking which involves the use of any
property, building, or structure, permanent ;,1 or temporary, for the
primary purpose of conducting in said building or structure or on said
property a legitimate commercial enterprise or other non-residential
use, in compliance with all ordinances and regulations of the City of La
Porte and when such proj ect or undertaking is new to the premises.
Provided however, a change in ownership of at least fifty percent (50%)
of the ongoing project or undertaking shall constitute a new business,
for the purposes herein and, provided further, 'expansion of an existing
building or structure shall constitute a new business if such expansion
increases the size of the area devoted to primary use, in building floor
square footage, by not less than fifty percent (50%).
Occupancy: Any utilization of property.
Office Trailer: A structure, transportable in one (1) or more sections
which is built on a permanent chassis and intended to be used for office
space or storage with or without a permanent foundation system and with
or without utility connections. Office trailers as defined are only
allowed subject to the following conditions:
(1) Office trailers may be used as construction offices or
temporary storage buildings only on construction sites.
(2) No office trailer shall be moved on to a construction site
until the required building permit has been issued.
(3) All office trailers shall be removed from a construction site
once work is completed or abandoned.
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(4) In no case shall an office trailer be used for overnight
sleeping purposes.
Off Premise Sign: Any sign which directs attention to any business,
commodity, servl.ce or entertainment offered elsewhere than on the
premises where such sign appears.
On Premise Sign: Any sign which directs attention to a business,
commodity, service or entertainment offered on the same premises where
such sign appears.
Open Space: Area, excluding parking, street, alley, service walk or
other service areas, but including any side, rear, or front yard or any
unoccupied space on a lot that is unobstructed to the sky, except for
the ordinary projections of cornices, eaves, porches or trellises.
a. Developed open space shall be defined as recreational space
developed with facilities for either active or passive recreation
not within any required yard.
Parking Space: A "parking space" is a surfaced area, designed to
control dust and moisture, enclosed or unenclosed, sufficient in size to
store one (1) automobile together with a surfaced driveway connecting
the parking space with the street or alley permitting ingress and egress
of an automobile. A "parking space" or any requisite maneuvering area
incidental thereto shall not occupy any public right-of-way.
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Party Wall: A fire wall on an interior lot line, used or adapted for
joint service between two (2) buildings.
Planned Unit Development: A land area characterized by a unified site
design which (a) has individual building sites and provides common open
spaces, and (b) is designed to be capable of satisfactory use and
operation as a separate entity without necessarily having the
participation of other building sites or other common property. The
ownership of the common property may be either public or private. It
may be a single planned unit development as initially designed; or as
expanded by annexation of additional land area; or a group of contiguous
planned unit developments, as separate entities or merged into a single
consolidated entity.
Pole Trailer: Every vehicle without motive power designed to be drawn
by another vehicle by means of a reach, or pole, or by being boomed or
otherwise secured to the towing vehicle, and ordinarily used for
transportation of long or irregularly shaped loads such as poles, pipes,
or structural members capable, generally, of sustaining themselves as
beams between the supporting connections.
Political Sign: A temporary sign announcing, supporting or opposing
political candidates, dates or issues in connection with any national,
state or local election.
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Portable Sign: A sign which is not permanently and rigidly affixed or
attached to the ground and is designed or constructed to be easily moved
from one location to another, including signs mounted upon or designed
to be mounted on a trailer, wheeled carrier, or other non-motorized
mobile structure. This definition shall also include any vehicle or
trailer parked so as to be visible from a public right-of-way for the
primary purpose of advertisement of products or directing people to a
business or activity located on the same or nearby property or any other
premises.
Public Improvements Criteria Manual (P.I.C.M.): The set of standards
set forth by the Director of Community Development and approved by the
City Council to determine the specific technical requirements for
construction to public improvements. The manual may be acquired from
the Community Development Department, and is on file in the City
Secretary's Office.
Public Parks: A "public park" is any publicly owned park, playground,
beach, parkway, or railroad within the jurisdiction and control of the
City.
Public Service Sign: For the purposes of this ordinance, the following
types of signs and no others shall be considered to be public service
signs.
1. Signs identifying and naming the location of churches, schools and
other non~profit organizations;
2. Signs identifying and naming the location of public facilities; and
3. Community information signs which provide information regarding
community functions and activities.
Signs which display commercial advertising in conjunction with public
service information shall not be considered to be public service signs
except that a person, firm, or organization who donates or otherwise
provides a public service sign may be identified on such sign in a means
which is clearly incidental to the primary message.
Ouadrap1ex: Four single-family dwelling units joined by common
sidewalls, and/or common floors/ceilings.
Ranch Trailer: A vehicle with or without motive power other than a pole
trailer designed for carrying livestock, ranch implements, or other
moveable personal property attendant to the business or recreational use
of the raising of livestock or crops.
Reader Panel: Any and all portions of any sign on which text, graphics
or pictures are displayed. In the case of double faced reader panels,
only one side shall be considered in the calculation of sign size.
Recreational Vehicle: A camp car, motorhome, trailer, or tent trailer
with or without motive power, designed for human habitation or
recreational occupation, having less than three hundred twenty (320)
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square feet.
Rest Home or Nursing Home: A private home for the care of the aged or
infirmed or a place of rest for those suffering bodily disorders. Such
homes do not contain facilities for surgical care or the treatment of
disease or injury.
Roof1ine: The height above finished grade of the upper beam, rafter,
ridge or purlin of any building.
Semi-Trailer: Every vehicle, with or without motive power, other than
a pole trailer or ranch trailer, designed for carrying persons or
property and for being drawn by a motor vehicle and so constructed that
some part of its weight and that of its load rests upon or is carried by
another vehicle.
Setback Line: The closest point to any property line or utility
easement which may be occupied by a structure.
Setback. Sign Measurement: The closest point to any property line which
may be occupied by any sign, as defined by this Ordinance. This point
shall be determined by measuring perpendicularly from adjacent property
lines.
Shipping Containers: Sealable shipping containers, designed for
intermoda1 transportation, either with or without a permanent affixed
chassis, used in intrastate, interstate and international commerce for
the shipment of goods and merchandise.
Shipping containers may be converted for use as buildings subject to the
following conditions:
(1) Shipping containers may be used as accessory buildings only.
(2) In all zones except Heavy Industrial, shipping containers used
as accessory buildings shall be screened from public view.
{3} Any shipping container used as an accessory building shall be
subject to all requirements and restrictions of the zone in
which it is located.
Shop~ing Center or Inteqrated Development: A development consisting of
two (2) or more interrelated business establishments using common
driveways and on-site parking facilities.
Sight Triangle: Triangular shaped area of clear visibility located at
all intersections including private driveways. The area of the triangle
shall be determined by engineering standards.
Single Family Residential Large Lot: Any single tract or lot
comprised of at least 43,560 square feet of property, located in R-l
zone, whose primary use is for a single family dwelling unit.
Site Area Per Unit:
The total area, including public and private
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streets, for a proposed development divided by the total number of units
proposed. Used to determine the maximum density permitted for a
development.
~: Any word, number, figure, device, design or trademark by which
anything is made known, as used to designate an individual, firm,
profession, business, or a commodity and which is visible from any
public street. Refer to S. B. C. C. I. for additional definitions. For the
purpose of this ordinance, a sign is a structure.
Site Plan. Certified: In the case of all uses, a scaled drawing showing
the use of the land to include locations of buildings, drives,
sidewalks, parking areas, drainage facilities, and other structures to
be constructed in relationship to surveyed boundaries. Such site plan
shall be certified by a registered engineer or surveyor, licensed as
such in the State of Texas. Under the terms of the Development
Ordinance of the City of La Porte, when a development site plan is
required, said development site plan shall be prepared in accordance
with the terms of said Ordinance and shall be accepted as a certified
site plan as required herein.
Standard Industrial Classification Code (SIC): The numerical code
established by the U.S. Department of Commerce and used in the Standard
Industrial Classification Manual, 1987 as amended and supplemented.
Street. Private: A vehicular access way, under private ownership and
private maintenance, providing access to buildings containing
residential dwelling units without direct access to an approved public
street right-of-way, or a public right-of-way, however designated,
dedicated or acquired, which provides vehicular access to adj acent
properties. Alleys, parking lots, and private driveways within shopping
centers, commercial areas, or industrial developments shall not be
considered as streets.
Street. Public: A public right-of-way, however designated, dedicated,
or acquired, which provides vehicular access to adjacent properties.
A public street designed for heavy traffic and
a traffic artery of considerable length and
the community and so designated on the City's
Street. Thoroughfare:
intended to serve as
continuity throughout
Thoroughfare Plan.
Special Exception: Shal1 be only those exceptions provided for under
Section 11-600 (e) of this Ordinance.
Structure: That which is built or constructed.
Structure, Principal: The principal structure which fulfills the
purpose for which the building plot is intended.
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Substantial Improvements: Any repair, reconstruction, or improvement of
a structure, the cost of which equals or exceeds 50% of the market value
of the structure as determined by a licensed appraiser, either (a)
before the improvement is started, or (b) if the structure has been
damaged and is being restored, valuation before the damage occurred.
Substantial improvement is started when the first alteration of any
structural part of the building commences.
Townhouse: One (1) of a group of no less than three (3) nor more than
twelve (12) attached dwelling units constructed in a series or group of
attached units with property lines separating such units.
Trailer: Every vehicle, with or without motive power, other than a pole
trailer or ranch trailer, designed for carrying persons or propertY,and
for being drawn by a motor vehicle and so constructed that no part of
its weight rests upon the towing vehicle.
Truck: Any motor vehicle designed, used 'or maintained primarily for
transportation of more than nine (9) persons or property.
Truck Tractor: Every motor vehicle designed and used primarily for
drawing other vehicles and not so constructed as to carry a load other
than a part of the weight of the vehicle and load so drawn.
Yard: A "yard" is an open space on the same building lot with a
building, unoccupied and u,nobstructed by any portion of a structure from
the,!ground upward, except as otherwise provided. In measuring a yard
for the purpose of determining the width of a side yard, the depth of a
rear yard, and the depth of a front yard, the minimum horizontal
distance between the building site and the lot line shall be used. A
"yard" extends along the lot line and at right angles or radial to such
lot line to a depth of width specified in the yard regulations of the
zoning district in which such building lot is located.
Yard. Front: A front yard is a yard extending along the whole of the
front lot line between the side lot lines, and being the minimum
horizontal distance between the front lot line and the front of the
principal building or any projections thereof other than stairs,
unenclosed balconies, or unenclosed porches. In the case of the lots
directly adjacent to the shoreline of Galveston Bay, the front yard
shall be the yard extending along the whole of the lot line directly
adjacent to the shoreline of Galveston Bay, and along the horizontal
distance between the front lot line and the front of the principal
building or any proj ections thereof, other than steps, unenclosed
balconies, or unenclosed porches.
Yard. Rear: A "rear yardll is a yard extending across the rear of a lot
between the side lot lines and being the minimum horizontal distance
between the rear lot line and the rear of the principal building or any
projections thereof other than steps, unenclosed balconies or unenclosed
porches.
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Yard. Side: A "side yard" is a yard extending along the side lot line
from the front yard to the rear yard, being the minimum horizontal
distance between any building or projections thereof except steps and
the side lot line.
Zoning District Map: The II zoning district map" is the map or maps
incorporated into this Ordinance as a part hereof by reference thereto.
Zoning Permit: A written instrument signed by the enforcing officer
authorizing a use described in this Ordinance, in conformance with
Section 11 - 300 of this Ordinance.
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RESERVED FOR FUTURE USE
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ARTICLE FOUR: GENERAL PROVISIONS
Section 4 - 100 Certified Site Plan Re~ired
Any person desiring to improve property shall submit to the Enforcing
Officer a certified site plan of said premises and information on the
location and dimensions of existing and proposed buildings and parking
lots, location of easements crossing the property, encroachments, and
any other information which may be necessary to ensure conformance to
this Ordinance.
a. In the case of residential construction, a certified site plan
shall not be required when:
1) Said residential construction is only for an accessory
building of less than 200 square feet; or
2) Said construction is on lots or tracts that have been surveyed
by a registered surveyor, and have all property corners
permanently marked and visible.
Section 4 - 101 No development shall occur upon land designated as a
conservation area, unless a waiver is obtained from the City Council of
the City of La Porte pursuant to the provisions of Section 12.07 of the
Development Ordinance of the City of La Porte. .,'
Section 4 - 102 All buildings shall be so placed so that they will not
obstruct future streets which may be constructed by the City in
conformity with existing streets and in accordance with the adopted
thoroughfare plan of the City of La Porte.
Section 4 103 Except in the case of apartment or condominium
developments, industrial developments and Planned Unit Developments, as
provided for in this Ordinance, not more than one (1) principal building
shall be located on a lot. The words "principal building" shall be
gi ven their common, ordinary meaning; in case of doubt or on any
question of interpretation the decision of the Enforcement Officer shall
be final, subject to the right of appeal to the Board of Adjustment.
Section 4 -104 On a through lot within residential districts (a lot
fronting on two (2) substantially parallel streets), the rear lot line
shall be defined as the major street, where access is prohibited, and
the minimum rear yard setback shall be twenty feet (20') for applying
the yard and parking regulations of this Ordinance.
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Section 4 - 105 Except in a planned unit development, no building shall
be located closer than ten {10} feet from any existing or proposed
street right-of-way.
Section 4 - 200 Non-Conforminq Buildings. Structures. and Uses
The general public, the Planning Commission and the Board are directed
to take note that non-conformities in the use and development of land
and buildings are to be avoided, or eliminated where now existing,
wherever and whenever possible, except when necessary to preserve
property rights, specific structures, lots, or uses established prior to
the date these regulations became effective as to the property in
question, and when necessary to promote the general welfare and to
protect the character of surrounding property. It shall be the
responsibility of the Planning Commission and the Board to assist the
City Council in achieving this goal by advising the City Council of
their recommendations thereon. As necessary, the City Council may from
time to time on its own motion or upon cause presented by interested
property owners inquire into the existence, continuation or maintenance
of any non-conforming use within the City.
Section 4 - 201 Non-Conforming Structures
1. Limitation on Regulation
No structure, otherwise in accordance with the prov1s1ons of these
regulations or an amendment hereto, shall be rendered or be deemed
a non-conforming structure solely for a failure to comply with
provisions relating to Section 10 Special Regulations, of this
Ordinance.
2. Continuance of Non-Conforming Structures
Subject to all limitations herein set forth, any non-conforming
structure may be occupied and operated and maintained in a state of
good repair, hut no non-conforming structure shall he enlarged or
extended unless the enlargement or extension can be, and is, made
in compliance with all of the provisions herein established for
structures in the district in which the non-conforming structure is
located. {The provisions of Section 4-201{6} and Section 11-605(2)
of this Ordinance are also applicable, and shall be followed.
3. Accidental Damage to Structure
If a building occupied by non-conforming uses is destroyed by fire
or the elements, it may not be reconstructed or rebuilt except to
conform with provisions herein. In the case of partial destruction
by fire or other causes, not exceeding fifty percent (50%) of its
value, as determined hy a licensed appraiser, the Enforcing Officer
may issue a permit for reconstruction. If greater than fifty
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percent (50%) and less than total, the Board may grant as a special
exception a permit for repair but not for enlargement or
reconstruction of the building.
4.
Obsolescence of Structure
The right to operate and maintain any non-conforming structure
shall terminate and shall cease to exist whenever the
non-conforming structure becomes obsolete or sub-standard under any
applicable ordinance of the City and the cost of placing such
structure in lawful compliance with the applicable ordinance
exceeds fifty percent {50%} of the replacement cost of such
structure, as determined by a licensed appraiser, on the date that
the Enforcing Officer determines that such structure is obsolete or
sub-standard. The burden of proof in showing that the structure's
repair cost does not exceed fifty percent {50%} of the replacement
cost of such structure rests upon the owner of such structure.
5.
Determination of Replacement Cost
In determining the replacement cost of any non-conforming structure
there shall be included therein the cost of land or any factors
other than the non-conforming structure itself.
6.
Repairs and Alterations
Repairs and alterations may be made to a non-conforming building or
structure; provided, however, no structural alterations shall be
made except those required by law or ordinance, unless the building
is changed to a conforming use; and provided that no additional
dwelling units shall be added where the non-conforming use results
from there being more dwelling units on the lot than is permissible
in the district in which the building is located. The Board may
grant as a special exception, an application to extend or enlarge
a building occupied by a non-conforming use of the lot occupied by
such building, provided such grant does not serve to prevent the
return of such property to a conforming use.
7.
Abandonment of Non-Conforming Structures
A non-conforming structure, when abandoned, shall not resume. A
non-conforming structure is abandoned when the structure ceases to
be used for a period of one hundred eighty {ISO} consecutive
calendar days, and it is determined that an intent to abandon the
non-conforming structure occurred as evidenced by an overt act or
a failure to act on the part of the non-conforming structure's
landowner or his occupant.
Whether or not a non-conforming structure has been abandoned is a
question that shall be determined by the Board of Adjustment. The
property owner or his representative seeking to maintain the
existing non-conforming structure shall have the burden of proving
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to the Board of Adjustment that the structure has not been vacated
or used for a period of one hundred eighty {ISO} consecutive
calendar days, and/or that the owner or his representative did not
intend to abandon the non-conforming structure during the period of
cessation of use of the non-conforming structure.
Section 4 - 202 Non-Conforming Uses
1. Continuance of Non-Conforming Uses
Any non-conforming use may be continued in operation on the same
land area and on the same floor in a structure or structures which
were occupied by the non-conforming use on the effective date of
any amendment by which the use became non- conforming, but such
land or floor area shall not be increased, except that such
limitation shall not apply for farming uses.
2. Registration of Non-Conforming Use
It shall be the right of the tenants and owners of a non-
conforming use to register same by securing a Certificate of
Occupancy as provided in Section 11 of this Ordinance.
3. Changing a Non-Conforming Use
Any non-conforming use may be changed to a ~se conforming with the
regulations herein established for the district in which the
non-conforming use was located; provided however, that a non-
conforming use so changed shall not thereafter be changed back to
a non-conforming use.
4. Abandonment of Non-Conforming Use
A non-conforming use, when abandoned, shall not resume. A non-
conforming use is abandoned when land used for an established
non-conforming use ceases to be used for a period of ninety (90)
consecutive calendar days, and it is determined that an intent to
abandon the non-conforming use occurred, as evidenced by an overt
act or a failure to act on the part of the non- conforming use
landowner or his occupant.
Whether or not a non-conforming use has been abandoned is a
question that shall be determined by the Board of Adjustment. The
property owner or his representative seeking to maintain the
existing non-conforming use shall have the burden of proving to
the Board of Adjustment that the use has not been discontinued for
a period of ninety (90) consecutive calendar days, and/or that the
owner or his representati ve did not intend to abandon the
non-conforming use during the period of cessation of use of the
non-conforming use.
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Section 4 - 300 Non-Conforming Lots of Record
4 - 301 Continuance of Non-Conforming Lots of Record
Subject to all limitations herein set forth, any non-conforming lot
may continue without change in boundaries and may be utilized or
developed provided that the uses and development are otherwise
authorized by these regulations. No new structure shall be placed
thereon except in conformity with the applicable controls of the
district in which the lot is located.
4 - 302 Discontinuance of Non-Conforming Lots of Record
Any lot which is made conforming by combining with other lots for
purpose of sale or development, or by development, or by
subdividing, thereafter shall be recognized as a conforming lot and
shall comply in full with the provisions of these regulations;
provided however, that a non-conforming lot of record that is made
conforming shall not thereafter be changed back to a non-conforming
lot.
4 - 400 Zoning of Annexed Property
1. All territory annexed hereafter to the City of La Porte shall be
temporarily classified as R-l Low Density residential, only until
permanently zoned by the La Porte City Council. Immediately after
the annexation of any territory to the City of La Porte, the City
Planning and Zoning Commission shall commence any action necessary
to recommend to the City Council a permanent zoning classification.
The procedure for making permanent such classification shall be the
same as is provided by law for the adoption of the original zoning
regulations, and shall take. place within one hundred eighty (ISO)
days from the date of annexaton.
2. In the event a development or subdivision is presented to the City
Planning Commission prior to annexation, that specifies a
particular land use, the Planning Commission may recommend zoning
categories to the City Council, after hearing, so that permanent
zoning may be considered simultaneously and in conjunction with the
annexation proceedings.
3. In an area temporarily classified as R-l Low Density Residential,
a building permit may be issued for the construction of structures
or uses permitted by low density residential district regulations,
however, other structures or uses, are not permitted unless
application for such structures or use is made to the City Planning
and Zoning Commission for consideration and recommendation to the
City Council.
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RESERVED FOR FUTURE USE
;}
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ARTICLE FIVE: RESIDENTIAL DISTRICT REGULATIONS
Section 5 - 200 R-l Low Density Residential District
5 - 201 Purpose
The "R-l" district is the most restrictive district.
The principal use of land in this district is for low density, single
family detached dwellings and related recreational, religious and
educational facilities normally required to provide the elements of a
balanced, orderly, convenient and attractive residential area. The
following regulations shall apply to all R-l districts.
5 - 202 Permitted. Accessory. and Special Conditional Uses
Refer to Table A - Residential
5 - 203 Density/Intensity Regulations
Refer to Table B - Residential
5 - 204 Special Regulations and Procedures
Refer to Article 10: Special Regulations
Section 5 - 300
R-2 Mid Density Residential District
5 - 301 Purpose
The "R-2" district is intended to provide for medium density, single
family attached or detached dwellings and multiple family dwellings
which may have a relatively intense concentration of dwelling units
served by open spaces and other common areas. The district also
provides the religious, recreational and educational uses normally
associated with residential areas. The following regulations shall
apply in all "R-2" districts:
5 - 302 Permitted. Accessory and Special Conditional Uses
Refer to Table A - Residential
5 - 303 Density/Intensity Regulations
Refer to Table B - Residential
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5 - 304 Special Regulations and Procedures
Refer to Article 10: Special Regulations
Section 5 - 400 R-3 High Density Residential District
5 - 401 Purpose
The "R-3" district is the highest density residential district. Its
principal purpose is to provide a wide variety of dwelling types
including single family dwellings, multiple family dwellings, garden
apartments, condominiums and townhouses. It provides the religious,
recreational and educational uses normally associated with residential
areas. The following regulations shall apply in all "R-3" districts:
5 - 402 Permitted. Accessory. and Special Conditional Uses .
Refer to Table A - Residential
5 - 403 Density/Intensity Regulations
Refer to Table B - Residential
5 - 404 Special Regulations and Procedures
1) Refer to Article 10: Special Regulations
2} All multi-family developments with residential units more than
two hundred feet {200'} from a public street must meet the
following private street design criteria:
a) Re~ired Private Streets in Multi-Family Develooments
1. Purpose. The purpose for the regulation of private
streets and the standards established in this Section
are:
To provide adequate vehicular access to all
buildings and facilities by City police, fire, and
solid waste department vehicles; and
To provide for the safe movement of all vehicles
from a private street to the public street system
of the City.
2 . Location. All portions of residential buildings must be
within a 300 foot length, measured horizontally as a fire
hose would lay, from a public or private street.
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3. Width. The width of a private street shall be measured
from edge to edge across the surface of the pavement.
The right-of-way width and the pavement width of a
private street are considered coterminous and the terms
are used interchangeably. The minimum acceptable
unobstructed width of any private street is twenty eight
feet {2S'}. If parallel parking is proposed along the
private street, additional width may be required to
accommodate such parking.
4. Dead Ends. Cul-De-Sacs. and T or L-'IYPe Turnarounds.
Dead end private streets must be terminated by a circular
cul-de-sac having a paving radius of not less than 40
feet or a T or L type turnaround designed in conformance
with the standards approved by the Director of the
Community Development.
5. Length of Cul-De-Sacs or Dead End Private Streets. Dead
end private streets must not extend further than 300 feet
from the nearest right-of-way line of the intersecting
public or private street measured along the center line
of said private street to the center of the cul-de-sac or
the outer limit of the paving in the T or L type
configuration.
6. Construction. All private streets shall be constructed
in conformance with the Public Improvements Cri'teria
Manual.
Section 5 - 500 MH Manufactured Housing District
5 - 501 Purpose
The MH district is intended to provide for manufactured
housing communities, (parks, subdivisions, or condominiums) .
Within such developments, manufactured housing communities
{with such additional uses and occupancies as are permitted
herein} may be established subject to the requirements and
limitations set forth in these and other regulations. Other
residential and supporting uses may also be permitted in such
districts.
It is intended that such manufactured housing communities
shall be so located, designed, and improved as to provide a
desirable residential environment, protection from potentially
adverse neighboring influences, protection for adjacent
residential properties, access for vehicular traffic without
traversing minor streets in adjoining residential
neighborhoods, and accessibility equivalent to that for other
forms of permitted residential development to public
facilities, places of employment, and tacilities for meeting
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commercial and service needs not met within the manufactured
housing community.
5 - 502 Permitted. Accesso~. and Special Conditional Uses
Refer to Table A - Residential
5 - 503 Density/Intensity Regulations
Refer to Table B - Residential
5 - 504 Special Regulations
Refer to Article 10
5 - 505 Other Regulations
Refer to City of La Porte Development Ordinance, and the City
of La Porte Mobile Home Park Ordinance.
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5 - 600 Table A Residential
P (ABC) - Permitted uses (subject to designated criteria
established in Sections 5-S00).
P Permitted uses
A Accessory Uses {subject to requirements of Section
10-300}
C Conditional Uses {subject to requirements of Section
10-200 and designated criteria established in
Section 5-S00 as determined by the Commission}
* Not allowed
USES (SIC CODE #) ZONES
R-1 R-2 R-3 MH
Agricultural Production - P P P P
{011-019 Crops}
Agricultural Production - C * * *
{027 Animal Specialties - Breeding or Sale}
Bed & Breakfast C C C *
as defined by Section 3-100
Breeding Kennels, Private Stock, Limited
to dogs & cats, large lot resident~al
Domestic Livestock - Large Lot
A
A
A
A
A
A
A
A
Industrialized Housing on a permanent
Single Family Dwelling, Detached
P
P
P
P
Single Family Dwelling, Special Lot
*
P
P
P
Single Family Dwellings, Zero Lot Line
{patio homes, etc.}
*
p
p
*
Two Family Dwellings, Duplexes
{double bungalows}
*
P
P
*
Townhouses
*
P
P
*
Conversion of Single Family Dwelling to
no more than 2 Unit Multi-Family Dwellings
*
P
P
*
3-4 Unit Multi-Family Dwellings
*
P
P
*
Multi-Family (over 4 units)
*
*
P
*
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USES (SIC CODE #)
ZONES
MH
R-1
Industrialized Housing P
on a permanent foundation system as
defined in Sect. 3-100
Manufactured Housing Subdivisions restricted *
to H.U.D. Code Manufactured 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. Code Manufactured
homes on permanent foundation systems)
Manufactured Housing Parks *
Manufactured Housing *
Group Care Facilities no closer than 1000 *
ft. to a similar use (S36)
Childcare Home in Private Home (services P
no more than 6)
Daycare Centers (services more than 6) {S35} *
Sign;
See Section 10-1000
* C C C
P P P P
C P P P
C P{AB) P{AB) P{AB)
C P P P
Freestanding On Premise Identification
Townhouses, Multi-Family Developments,
Group Care Facilities, Subdivisions,
Education and Religious Facilities
Residential PUD (refer to Sect. 10-100)
Public Parks and Playgrounds
Recreational Buildings and Community
Centers {S32}
Religious Institutions {866}
Public or Private Educational Institu-
tions limited to Elementary, Jr. & Sr.
High {8211}
Junior Colleges & Technical Institutes *
(8222)
Boarding Homes {7021} *
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R-2 R-3
P P
P
C C
P
* *
P
* * P{F,D}
* * P
* C *
P P P
J
P P P
C P
*
P P
*
Secondary Dwelling Units
5-601 Interpretation and Enforcement
Property uses, except as provided for by Section 5-600,
prohibited and constitute a violation of this Ordinance.
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USES (SIC CODE #)
Civic, Social & Fraternal Organizations
(S641)
Convalescent Homes, Sanitarium, Nursing
or Convalescent Homes (S05)
Private Garages, Carports and Off-Street
Parking {associated with residential uses}
Storage of Recreational Vehicles or Boats
Storage of Equipment in an accessory
building or behind a screening device
Home Occupations
Non-Commercial Greenhouses
Non-Commercial Recreation Facilities
Associated with Residence
Tool Houses, Sheds, Storage Building
(Non-Commercial Associated with Residence)
Boarding or Renting of Rooms
(I 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-S00 G
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ZONES
R-1 R-2
*
*
*
*
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
*
*
A
A
P
p
C
C
C
P
R-3 MH
C *
P *
A A
A A
A A
A A
A A
A A
A A
A A
A *
A A
P P
C C
P *
Table A, are
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I 5-700 Table B - Residential
I 2,3,4*
5,6,10 7*
S* Min. Min. Min. Max. Min. Min. Max. Lot
I 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
I F.R.S. S.F. S.F. Req. 9
Single 9100
I Family 6000 50 25-15-5 35 Ft. 4.S 40%/N/A
Detached DU/A
Single
I Family 43560
Large 43560 100 25-15-5 45 Ft. 1.0 30%/N/A
Lot DU/A
,I Single
Family 7300
Special 4500 40 20-10-0 35 Ft. 6.0 Footnote 60%/N/A
I Lot, 0 DU/A #1*
Lot Line
I Duplexes 6000 60 20-10-5 45 Ft. S.O Footnote 60%/N/A
"l DU/A #1*
I Single Fam.
converted
to 6000 50 20-10-5 35 Ft. N/A N/A 50%/N/A
Multi-Fam.
I Townhouses,
Quadru- 4400
I p1exes 2000 20 20-10-5 45 Ft. 10.0 Footnote 75%/6%
(10,000 DU/A #1*
s.f. of
site area
I 100 ft. wide)
Multiple 1600
I Family 20000 100 25-20-20 45 Ft. 27 200 60%/6%
DU/A
Manufactured 7300
I Housing 4500 40 20-10-5 25 Ft. 6.0 Footnote 60%/6%
DU/A #1*
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2,3,4*
5,6,10 7*
S* 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
Manufactured
Housing 100
Subdivision of front N/A N/A N/A N/A N/A/N/A
or Parks road
(5 Ac. Min. ) frontage
Group Care
Facilities
(less than 25-20-10 25 Ft. N/A N/A N/A/6%
6) & Day
Care Homes
Public or Private
Educational &
Religious Insti-
tutions, Large 30-20-10
Group Care Facilities
Daycare Centers,
Recreational Bldgs.,
Boarding, and Nursing Homes
Freestanding
On Premise
Signs
N/A
N/A
N/A/6%
45 Ft.
See Section 10-1000
5-701 Table B Footnotes
1. Lot Size Required Developed Open Space/Lot
5000 - 6000 Sq. Ft. 200 Sq. Ft.
4000 - 4999 Sq. Ft. 300 Sq. Ft.
3000 - 3999 Sq. Ft. 400 Sq. Ft.
2000 - 2999 Sq. Ft. 500 Sq. Ft.
a. Min. size of developed open space - 1/2 acre for every SO units or
fraction thereof.
b. All required developed open spaces 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. (See also La Porte Development Ordinance Section 4.04) .
2. A minimum landscape setback of twenty feet {20'} will be required
adjacent to all conservation areas. Buildings, parking areas, and
refuse containers will not be allowed in such setback area. These
areas are to be landscaped with trees, shrubs, and groundcover,
with a planting plan required to be submitted and approved by the
enforcement officer. Required landscaping must be maintained by
the property owner and/or occupant.
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3. The m1n1mum setback adjacent to any utility easement located in a
rear yard, shall be three feet {3'}. No portion of any building
including projections of any nature shall encroach into any
utility easement or vertical projection of the easement boundary.
4. Where adjacent structures within the same block have front yard
setbacks different from those required, the front yard minimum
setback shall be the average of the adjacent structures. If
there is only one (I) adjacent structure, the front yard minimum
setback shall be the average of the required setback and the
setback of only one {I} adjacent structure. In no case shall the
minimum front yard setback exceed thirty feet {30'}.
5. All side yards adjacent to public R.O.W.'s must be ten feet {10'}.
6. In the case of zero lot line housing, the side setback opposite the
zero lot line must be ten feet (10').
7. D. U .A. is an abbreviation for dwelling units per acre, or the
maximum density permitted.
S. All structures except slab on grade, shall be placed on a
foundation system described as: An assembly of materials
constructed below or partially below grade, not intended to be
removed from its installation site, which is designed to support
the structure and engineered to resist the imposition of external
forces as defined by the Standard Building Code, or in the case of
a modular home, the requirements of the TDLS. Such foundation
system shall be skirted or enclosed with wood or masonry to give
the appearance of a solid foundation, if one is not provided,
compatible with the appearance of adjacent housing, and subject to
the requirements of the Southern Building Code.
9. See Section 10 - 500 through Section 10 - 508 for additional
requirements.
10. No sign shall be located in a sight triangle so as to obstruct
traffic visibility at a level between three feet (3') and six feet
{6'} as measured above adjacent road grade.
Section 5 - SOO Special Use Performance Standards-Residential
A. Landscape Buffers
1. A landscape buffer planted with grass or evergreen ground cover and
also planted with trees shall be provided. No buildings or refuse
containers shall be placed in such areas.
2. Standards:
a. Minimum width of planting strip - four feet {4'}.
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C.
3.
b. A planting plan specifying the location and species of trees
to be planted as well as the type of grass or ground cover to
be utilized shall be submitted for approval by the Director of
Community Development or his duly authorized representative.
Screening will be required in the following situations:
a. Parking areas for recreational buildings, community centers,
religious, and private and public educational institutions.
4.
b. Manufactured housing parks and subdivisions screened from
abutting uses.
Required screening will count toward the required percentage
(%) of landscaping.
5.
Required landscaping must be maintained by the property owner
and/or occupant.
Traffic Control
B.
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 low density 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 the
Director of Community Development.
The proposed development should be adequately served by a
collector or arterial street without circulating through low
density residential uses or districts in the following cases;
1. Junior or senior high school, junior colleges and
technical institutes.
2. Manufactured housing subdivisions.
Compatibility with Surrounding Area
The architectural appearance and functional plan of the building {s}
and site shall reflect the building character of the area and shall
not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence
within a reasonable distance of the development. The proposed
development is to be compatible with the existing and planned use
of the area and conflicts are not to be created between the
proposed use and existing and int~nded future use of the
surrounding area.
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4.
5.
7.
8.
9.
10.
11.
12.
D.
Re~ired License Obtained
E.
All necessary governmental permits and licenses are secured with
evidence of such placed on record with the City.
Compatible Alterations and Ade~ate Parking
Adequate parking as required by Section 10-600 must be provided on
the lot and not within any required front yard. Any exterior
alterations must be compatible with the existing structure, and the
surrounding neighborhood.
Manufactured Housinq Criteria (Manufactured Housing Parks Only)
A preliminary certified site plan must be submitted simultaneously
with the submissions required in the Mobile Home Park Ordinance of
the City of La Porte and the City of La Porte Development
Ordinanc~, that illustrates compliance with the following:
Legal description and size in acres of the proposed manufactured
housing park. Such park shall not be less than five (5) acres.
F.
1.
2.
Locations and size of all manufactured housing sites, dead storage
area, recreation areas, laundry drying areas, roadways, parking
sites, and all setback dimensions {parking areas, exact
manufactured housing sites, etc.}.
"I
3.
Preliminary landscaping plans and specifications.
Location and width of sidewalks.
Plans of sanitary sewer disposal, surface drainage, water systems,
electrical service, and gas service.
6.
Location and size of all streets abutting the manufactured housing
park and all driveways from such streets to the manufactured
housing park.
Preliminary road construction plan.
Preliminary plans for any and all structures.
Such other information as required or implied by these standards or
requested by public officials.
Name and address of developer or developers.
Description of the method of disposing of garbage and refuse.
Detailed description of maintenance procedures and ground
supervision.
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13.
14.
15.
16.
17.
G.
1.
2.
3 .
4.
Details as to whether all of area will be developed or a portion at
a time.
Density intensity regulations in compliance with Table B
Residential.
Compliance with the required number of off-street parking spaces.
All private streets shall be a minimum of twenty-eight feet (28')
wide and constructed in accordance with the Public Improvements
Cri teria Manual. The layout of such private streets shall be
subject to approval by the Fire Chief, to ensure adequate emergency
access.
All Manufactured Housing shall have a minimum frontage of twenty
feet {20'} on public or private streets.
Density 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 llpon the
following bonus features and square foot reduction:
S~are Foot Reduction
Per Unit
'.Bonus Feature
Major outdoor recreational facilities
such as swimming pools, tennis courts
or similar facilities requiring a sub-
stantial investment.
250 Square Feet
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
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.
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.
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H. Bed & Breakfast {as defined in Section 3-100}
1. Bed & Breakfast shall be operated in accordance with the Bed
and Breakfast and home occupation requirements of Section 3-
100.
2. Additional required parking shall not be provided in any
required front or side yard.
3. Bed and Breakfasts shall comply with the Boarding House
requirements of the currently adopted edition of the Standard
Housing Code and Life Safety Code {NFPA 101} .
ARTICLE SIX - COMMERCIAL DISTRICT REGULATIONS
Section 6 - 100 CR - Commercial Recreation District
6 - 101 PUr1)ose
The purpose of the "CR" Commercial Recreation District is to provide
specialized districts for the establishment of businesses providing or
supporting recreational, leisure, and entertainment activities.
.l
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6 - 102 Permitted. Accessory and Special Conditional Uses
Refer to Table A - Commercial
6 - 103 Density/Intensity Requlations
Refer to Table B - Commercial
6 - 104 Special Regulations and Procedures
Refer to Article 10 - Special Regulations
Section 6 - 200 NC - Neighborhood Commercial District
6 - 201 Purpose
The purpose of the "NC" Neighborhood Commercial District is to provide
for the establishment of local centers for convenient, limited office
retail or service outlines which deal directly with the customer for
whom the goods or services are furnished. These centers are to provide
services and goods only for the surrounding neighborhoods and are not
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intended to draw customers from the entire community.
6 - 202 Permitted. Accesso~. and Special Conditional Uses
Refer to Table A - Commercial
6 - 203 Density/Intensitv Regulations
Refer to Table B - Commercial
6 - 204 Special Regulations and Procedures
Refer to Article 10: Special Regulations
Section 6 - 300
GC - General Commercial District
6 - 301 Pu~ose
The purpose of the "GC" General Commercial District is to provide for
low intensity, retail or service outlets which deal directly with the
customer for whom the foods or services are furnished. The uses allowed
in this district are to provide goods and services on a community market
scale and located in areas which are well served by collector or
arterial street facilities.
6 - 302 Permitted. Accessory. and Special Conditional Uses
Refer to Table A - Commercial
6 - 303 Density/Intensity Regulations
Refer to Table B - Commercial
6 - 304 Special Regulations and Procedures
Refer to Article 10: Special Regulations
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Permitted Uses {subject to designated criteria
established in Section 6-600}
Permitted Uses
Accessory Uses {subject to requirements of
Section 10-300}
Conditional Uses (subject to requirements of
Section 10-200) and designated criteria
established in Section 6-600
Not Allowed
Section 6 - 400 Table A - Commercial
P (ABC)
P
A
C
*
USES (SIC Code #)
ZONE
CR NC
All uses permitted or/accessory in
R-3 zone, except single family
detached and special lot
* P
Townhouses {up to quadraplexes}
All conditional uses in R-3 zone
C P
* C
Agricultural service (076-07S)
* *
Amusements (791-799)
* *
Amusements {792-794, 799}
C *
Antique & Used Merchandise Stores {5932}
* P
Arrangements for Passenger Transport (472)
Arrangement for Shipping & Transport (473)
* *
* *
Apparel and accessory stores (561-569)
c *
Automotive dealers and service stations
(551,552,553,555-559)
* *
Automotive repair, services (751-754)
* *
Banking (601-605)
* *
Building construction - general
contractors {152-161}
* *
Building construction - special trade
contractors (171-179)
* *
Building materials, garden supply
{S21-523, 526-527}
* *
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GC
P
P
C
P
P
P
P
P
P (I)
p
p
P
P
P
P
P
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USES (SIC Code #)
Business services {731,732,736-738}
Business services {7359}
Civic, Social, and Fraternal
Organizations {8641}
Commercial amusement - adult, 5,000
feet from all schools, residences,
churches, parks, or other public
buildings or uses
Communications {4S1-4S9}
Convenience stores (5411)
Credit agencies (611-616)
Dog Grooming
Drive-in or drive through facilities
as an accessory or principle use
Drug stores {591}
Eating & drinking places (5813)
Eating places (5812)
Electric, gas and sanitary services
{491,4923,493,494,4952}
Engineering, architectural, accounting
services (871-872)
Food stores, general (541,542,544,545,549)
Freestanding on premise signs
Governmental and public utility buildings
{911-922,9631,4311}
Grocery, fruit & vegetable stores
(542,543)
Hardware stores (525)
Home furnishing stores (571-573)
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ZONE
CR NC
* *
* *
C C
* *
* *
* p
* *
* *
C C
* p
C *
C p
* p
* p
* *
GC
p
P {A,B,C,D}
C
p
P
P
p
P (H)
C
P
p
P
P
p
p
See Section 10-1000
C
*
*
P
*
P
*
*
p
P
p
P
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USES (SIC Code #)
Hotels and motels (701,701,7032,704)
Hospitals, laboratories (S06-S09)
Insurance, real estate, legal, stock &
commodity brokers, agents {641-679}
Kennels, boarding {0752}
Kennels, breeding {0279}
Laundry {plants} (7216-7219)
Marinas (4493)
Membership organizations {861-S69}
Mini-Warehousing (4225)
Misc. retail (592,593,594S,596-599,5399)
Misc. retail (592,594S,5399)
Misc. repair services (762-764)
Misc. shopping {5941-5947,5949,5992-5994}
Misc. shopping {5995,5999}
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)
Public Parks and Playgrounds
Reproduction, photography, and cleaning
services (733-734)
Repair services (7699) (Except Tank
Truck Cleaning)
Retail bakeries (546)
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ZONE
CR NC
C *
* *
* P
* *
* *
* *
C *
* *
* *
C *
C *
* P
C P
C *
* *
C *
* P
* *
* P
C P
* P
* *
* P
GC
P
P
P
C
C
P
C
P
C
P
P
P
P
*
P
P
P
P
P
P
P
P
p
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USES (SIC Code #)
ZONE
CR NC
Recreational Buildings and
Community Centers {S32}
Securities and insurance (621-639)
C P
* *
Service stations {554}
* *
Service stations excluding
truck stops (554)
Underground pipelines {461}
Veterinary services {0742}
Video rental & Sales shop
C *
* P
* p
* P
Parking ramps and structures
C P
Commercial PUD {Refer to Sect. 10-100}
* C
Outdoor sales as a Primary or
Accessory use
Outdoor storage a~ an Accessory Use
* *
C *
Outdoor storage as a Primary Use
Off street loading
Off site parking
Joint parking
C *
C C
C C
C C
P.U.D. Commercial
c C
P.U.D. Residential
C C
Storage of recreational vehicles
and boats
C C
C C
Unlisted Uses, similar to uses
listed above
6-401 Interpretation and Enforcement
.GC
P
P
P
P
P
P
P
P
C
P{C,G)
PCB}
C
C
C
C
c
C
C
C
Property uses, except as provided for by Section 6-400, Table A, are
prohibited and constitute a violation of this ordinance.
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.
.
Section 6 - 500 Table B - Commercial
Uses
Min.
Land-
scaping
Req. 5
R-3 Uses
{Permitted}
6%
CR Comm. Recreation
Dist.; all permitted 6%
or conditional
Max.
Lot
Cov.
{1,3,4,6}
Min.
Yard
Setbacks
F. R. S.
(2,6)
Adj. to
Res.
Min. Yard
Setback
F. R. S.
Max.
Height
Density Intensity Regulations Specified
in Table B, Residential, Sect. 5-700
40%
0-0-0
20-10-10
60 Ft.
NC Neighborhood
Comm.; all per- 6%
mitted or condi-
tional
50%
20-10-0
20-10-10
45 Ft.
GC General Comm.;
all permitted or 6%
conditional
40%
20-10-0
20-20-10
45 Ft.
1
"
Outside sales
or services
N/A
N/A
5-5-5 Same as Prin- N/A
ciple Use
See
20-10-5 Same as prin- Sect.
ciple Use 6-600B
Outside storage
N/A
N/A
Freestanding
On Premise
Signs
See Section 10-1000
Freestanding On Premise See Section 10-1000
Signs located in
Controlled Access Highway Corridors
6 - 501 Footnotes
1. A minimum landscape setback of twenty feet (20') will be required
adjacent to all designated conservation areas. Buildings, parking
areas, loading docks, outside storage, and refuse containers will
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not be allowed in such setback area. These areas are to be
landscaped with trees, shrubs, and groundcover, with a planting
plan required to be submitted and approved by the enforcing
officer.
2. Screening is required in conformance with Section 6-600 {A} of this
Ordinance.
3. All yards adjacent to public right-of-way must be a minimum of ten
feet (10').
4. The minimum setback adjacent to any utility easement shall be three
feet (3').
5. See Section 10-500 through Section 10-50S, for additional
requirements.
6. No sign shall be loc~ted in a sight triangle so as to obstruct
traffic visibility at a level between three feet (3') and six feet
{6'} as measured above adjacent road grade.
7. Setbacks fo+ buildings in excess of 45 feet in height shall be
increased as follows: One (1) foot additional setback shall be
required from all property lines for each foot of building height
in excess of forty-five (45) feet.
Section 6 - 600 Special Use Performance Standards
A. Re~ired Screening
1. A planting strip shall consist of evergreen groundcover, 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.
2. Standards
a. Width of planting strip - four feet (4').
b. Type of planting - evergreen.
c. 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.
d. 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.
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3.
e. Required landscaping must be maintained by the property owner
and/or occupant.
Screening will be required in the following situations:
4.
a. Parking areas for recreational buildings, community centers,
religious, and private and public educational institutions.
b. Manufactured housing parks and subdivisions screened from
abutt~ng uses.
Required screening will count toward the required percentage (%) of
landscaping.
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}.
1
"
3.
Storage area is grassed or surfaced to control dust.
4.
All lighting shall be hooded and so directed that the light source
shall not be visible from the public 'right-of-way or from
neighboring residences and shall be in compliance with Section
7-501{1}a.
5.
Accessory outside storage connected with a principal use shall be
limited to thirty percent (30%) of the gross floor area of the
principal use.
c.
Outdoor Sales/Service
1.
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:
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.
Outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting residential district in compliance
with Section 6-600{A) .
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3.
All lighting shall be hooded and so directed that the light source
shall not be visible from the public right-of-way for from
neighboring residences and shall be in compliance with Section
7-501(1)A.
4.
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).
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-ways.
Ingress lanes shall be from the least heavily travelled street
wherever possible.
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E.
Off-Site Parking
1.
Any off-site parking which is used to meet the requirements of this
Ordinance shall be required to meet the following conditions:
a. Such off-site parking shall comply with all parking
standards stated in this Ordinance.
b. Reasonable access from off-site parking facilities to the use
served shall be provided.
c. Such off-site parking shall be within 300 feet of the use
served.
2.
Any use which depends upon off-site parking to meet the
requirements of this Ordinance shall maintain the minimum number of
required parking spaces or cease operation and use until such time
as there is full compliance with the requirements of this
Ordinance.
3 .
Whenever required parking facilities are on a lot or parcel of
land other than the principal building which is to be served, a
properly drawn legal instrument, executed by the parties concerned,
duly approved as to form and manner of execution by the City
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Attorney, shall be filed with the City Secretary.
4. Any use which depends upon off-site parking to meet the
requirements of this Ordinance shall require a certificate of
occupancy, renewable annually, as regulated by Section 11-300 of
this Ordinance.
F. Joint Parking
1. The City Council after receiving a report and recommendation from
the Planning and Zoning Commission, may approve a conditional use
permit for one (I) or more businesses to provide the required
off-street parking facilities by joint use of one (I) or more sites
where the total number of spaces provided are less than the sum of
the total required for each business should they provide them
separately. When considering a request for such a permit, the
Planning Commission shall not reco.mmend that such permit be granted
nor the Council approve such a permit except when the following
conditions are found to exist:
a. Up to fifty percent (50%) of the parking facilities required
for a theater, bowling alley, dance hall, bar, restaurant or
similar use as determined by the Planning Commission may be
supplied by the off-street parking facilities provided by
types of uses specified as primarily daytime uses in
subsection (d) below.
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 public or parochial school may be supplied 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:
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G.
H.
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.
Landscape Buffers
Landscape buffers shall be a minimum of four feet {4'} in width.
Plantings shall consist of trees and low evergreen shrubs.
Required landscaping must be maintained by the property owner
and/or occupant. Planting plans shall be approved by the Director
of Community Development or his duly appointed representative.
I.
Dog Grooming
There shall be no overnight boarding of animals. All areas used
for holding animals sha~l be located within the same building in
which grooming activities take place.
Shippinq & Transport
These facilities shall be limited to office activities only. No
warehousing or handling of freight shall take place at these
facilities. No trucks, other than light trucks (as defined by this
Ordinance) shall be allowed on premises occupied by these
facilities.
RESERVED FOR FUTURE USE
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ARTICLE SEVEN: INDUSTRIAL DISTRICT REGULATIONS
Section 7 - 200 BI - Business Industrial Park District
7 - 201 Purpose
The purpose of the Business/Industrial Park District is to provide for
the establishment of industrial development that is compatible with
surrounding or abutting residential districts and to encourage high
level performance standards. Development in the Business/Industrial
Park District is limited to administrative, wholesaling, manufacturing
and related compatible uses, with suitable open spaces, landscaping and
parking areas.
7 - 202 Permitted. Accesso~ and Special Conditional Uses
Refer to Table A - Industrial
7 - 203 Density/Intensity Requlations
Refer to Table B - Industrial
7 - 204 Special Regulations and Procedures
I
"
A. Refer to Article '10: Special Regulations
B. Building Permit Reauirements
1. No development of any lot or combination of lots in the "B-I"
district shall be commenced and no building permits will be
issued therefor until all of the following requirements have
been met.
2. A complete certified site plan prepared by a Texas registered
engineer or surveyor and building plans and specifications
shall be submitted. The registered engineer or surveyor shall
certify that the plans were prepared specifically for the
subject site. The certified site plan shall include location
of buildings, driveways, driveway intersections with streets,
parking areas, loading areas, sidewalks, curbs, and screening
as required by this Ordinance.
3. Site grading plans shall be submitted indicating existing and
proposed grades and provisions for surface drainage.
4. Proposed design, location, size and lighting of all signs, if
any, shall be submitted.
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5. Detailed landscaping plans shall be prepared and submitted.
6. The applicant shall submit any additional plans and
specifications requested by the City to ascertain compliance
with this Ordinance.
C. Off-Street Parking and Loadinq Areas
1. No parking spaces or aisles serving parking spaces shall be
less than forty feet {40'} from any residential district
boundary line nor less than ten feet {10'} from the building
or lot line.
2 . No loading zone shall be constructed at the front of any
building or side if adjacent to public R.O.W.
D. Storage and Fencing Restrictions
1. No open storage of materials shall be allowed in the "B- I"
District except vehicles and road maintenance equipment. No
open sales lots or salvage yards shall be allowed.
2. No fences other than those designed to serve as screening or
decorative fences are permitted in the "B-I" district.
1
,.
Section 7 - 300 LI - Light Industrial District
7 - 301 Purpose
The purpose of the "L-I" Light Industrial District is to provide for the
establishment of warehousing and light industrial development.
7 - 302 Permitted. Accessory. and Special Conditional Uses
Refer to Table A - Industrial
7 - 303 Density/Intensity Regulations
Refer to Table B - Industrial
7 - 304 Special Requlations and Procedures
Refer to Article 10: Special Regulations
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Section 7 - 400 HI - Heavy Industrial District
7 - 401 Pu~ose
The purpose of the "H- I II Heavy Industrial District is to provide for the
establishment of heavy industrial and manufacturing development and use
which because of the nature of the product or character of activity
requires isolation from residential or commercial use.
7 - 402 Permitted. Accessory and Special Conditional Uses
Refer to Table A - Industrial
7 - 403 Density/Intensity Regulations
Refer to Table B -Industrial
7 - 404 Special Regulations and Procedures
Refer to Article 10: Special Regulations
Section 7 - 500 Table A. Industrial
I
,.
P (ABC) Permitted Uses {subject to designated criteria
established in Section 7-700}
P Permitted Uses
A Accessory Uses {subject to requirements of
Section 10-300)
C Conditional Uses {subject to requirements
of Section 10-200} and designated criteria
established in Section 7-700
* Not Allowed
USES (SIC CODE #)
ZONE
L-I
H-I
B-I
All uses permitted or/Accessory/
in the GC Zone, except residential
P
P
P
All uses conditional in the GC Zone,
except residential
C
C
C
Non-Manufacturing Industries
Air transportation {451-45S}
p
P
P
General contractors, heavy
construction (161,162,1541)
P
P
P
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USES (SIC CODE #)
ZONE
L-I
H-I
B-I
Highway transportation terminal
and service facilities {417}
P
P
P
Motor freight transportation
and warehousing (421,423)
*
P
P
Farm product warehousing and
storage {4221}
Public warehousing {4222-4226}
Railroad transportation (401)
Shipping container, or fabricated
plate work (3443)
storage inside
*
P
P
P
P
P
*
*
P
P{ACDE) P{ACDE) P
storage outside (refer to Sect.
6-600{B)}
* P{ACDE) P
Wholesale trade
Durable goods - light
{502,504,507,50S2,50S7,5094}
i
,.
P
P
P
Durable goods - medium
(SOl)
p
P
P
Durable goods - heavy
{503,5051,50S2-5085,5088}
*
C
P
Durable goods - heavy
(5052, 5093)
*
*
P
Wholesale trade
Non-durable goods - light
(511-514,51S)
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
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USES (SIC CODE #)
ZONE
L-I
H-I
B-I
Electrical & electronic equipment
& supplies
Light (361-365,367)
Medium {361,366,369}
P{ACDE) P{ACDE) P
P(ACDE} P(ACDE) P
Fabricated metal products & machinery
Light (341-345,35S,3592)
Medium {3493,349S,351-353,356}
Heavy (346,347,354,355,357)
Heavy (348)
Food and kindred products
Light {202,205,2065-2067}
Medium (2086,2087,2092-2099)
P{ACDE) P{ACDE) P
* P{ACDE} P
* P(ACDE) P
*
*
P
P{ACDE} P{ACDE} P
C P{ACDE) P
Heavy (201,203,204,2062,2063,
207,20S2-20S5)
*
C
P
Leather & leather products {311-319}
Welding shops {7692}
C P{ACDE) P
P{ACDE} . P{ACDE} P
Lumber products, furniture & fixtures
Light (251-259)
P{ACDE) P{ACDE) P
C P{ACDE) P
Medium {243-245}
Heavy (249)
Measuring, analyzing and controlling
instruments (3S1-3S7)
*
c
p
P{ACDE} P{ACDE} P
P(ACDE} P{ACDE} P
P{ACDE) P{ACDE) P
Miscellaneous manufacturing (391-396)
Machine Shops {3599}
Miscellaneous manufacturing industries
(3991-3995)
* P{ACDE} P
Off premise freestanding signs
On premise freestanding signs
See Section 10-1000
See Section 10-1000
Paper and allied products (265-267)
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*
P
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USES (SIC CODE #)
ZONE
L-I
H-I
B-I
Printing and publishing {271-279}
P{ACDE} P{ACDE) P
Rubber and miscellaneous plastics
(301,302,304,306,307)
C
*
P
Stone, clay, glass and concrete
{321-325, 3261, 327-329}
C
*
P
Tank Truck Cleaning
Textile mill, and finished products
Light {224,225,231-239}
Medium {222,223,226,229}
*
*
P
P{ACDE) P{ACDE) P
*
P{ACDE} P
P(ACDE) P
Tobacco manufacturers (211-214)
*
Loading berths at the front or sides
of buildings adjacent to R.O.W.
Industrial PUD (refer to Sect. 10-100)
C
C
C
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, all applications 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. Lighting 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
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shall not exceed one (I) 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.
C. Smoke. The emission of smoke by any use shall be in
compliance with and regulated by the appropriate Federal,
State or local agency.
D.
Dust or other Particulate Matter.
ash or other particulate matter
compliance with and regulated by
State or local agency.
E. Odors. The emission of odor by any use shall be in compliance
with and regulated by the appropriate Federal, State or local
agency.
The emission of dust, fly
by any use shall be in
the appropriate Federal,
F. Explosives. No activities involving the storage, utilization,
or manufacture df materials or products such as TNT or
dynamite which could decompose by detonation shall be
permitted except such as are specifically licensed by the City
Council.
G. Noise. All noise shall be muffled so as not to be
objectionable due to intermittence, beat frequency or
shrillness and as measured at any property line, shall not
exceed the following intensity in relation to sound frequency:
Octave Band
Frequency
Maximum Sound Levels - Decibels
I II
Residential District
Cycles per Second Lot Line Boundary
20 to 75 78 63
75 to 150 74 59
ISO to 300 68 55
300 to 600 61 51
600 to 1200 55 45
1200 to 2400 49 3S
2400 to 4S00 43 31
Above 4800 41 25
Impact Noise 80 55
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Between the hours of 10:00 P.M. and 6:00 A.M. the permissible sound
levels beyond Residential District boundaries (both Column II and
Impact) shall be six (6) decibels less than shown above.
In distances where it is determined that a proposed land use may
generate a level of noise that will impact on surrounding land uses, the
Planning Commission and City Council may require that efforts to reduce
the potential noise impact be undertaken. These efforts may include
screening, landscaping and site planning techniques.
Section 7 - 600 Table B. Industrial
Uses
(4)
Minimum
Land-
scaping
Require-
ments
Max.
Lot
Cov.
{1,3,5}
Minimum
Yard
Setback
F. R. S.
{2,5}
Adjacent to
Res. Min.
Yard
Setback
F. R. S.
Maximum
Height
BI Business-
Industrial
Park; all
permitted or
conditional
6%
50%
50-40-30
LI Light
Industrial
District; all
permitted or
conditional
6%
70%
20-10-10
HI Heavy
Industrial
District; all
permitted or
conditional
6%
30%
50-50-30
Loading Docks
N/A
130-130-130
N/A
Outside
storage
N/A
20-10-5
N/A
On and off
premise
freestanding
signs
See
Section
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50-40-30
45 Ft.
1
,.
30-50-50 45 Ft.
100-150-150 45 Ft.
Same as
principal N/A
use plus
130 ft.
Same as
principal Sect.
use 6-600 B
10-1000
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Uses
(4)
Minimum
Land-
scaping
Require-
ments
Maximum
Height
{2,5}
Adjacent to
Res. Min.
Yard
Setback
F. R. S.
{1,3,5}
Minimum
Yard
Setback
F. R. S.
Max.
Lot
Cov.
Freestanding On Premise See Section 10-1000
Signs located in
Controlled Access Highway Corridors
Section 7 - 601 Footnotes
1. A minimum landscape setback of 20 feet will be required adjacent to
all designated conservation areas. Buildings, parking areas,
loading docks, outside storage, and refuse containers will not be
allowed in such setback areas. These areas. are to be landscaped
with trees, shrubs, and ground cover, with a planting plan required
to be submitted and approved by the enforcement officer. Required
landscaping must be maintained by the property owner and/or
occupant.
2. No buildings, parking areas, loading docks, outside storage, or
refuse containers will be allowed in such setback areas. These
areas are to be landscaped with trees, shrubs and ground cover,
with a planting plan required to be submitted and approved by the
enforcement officer.
3. Side and rear yard setbacks may be reduced to zero if adjacent to
railroad right-of-way, or rail service spurs.
4. See Section 10-500 through Section 10-50S for additional
requirements.
5. No sign shall be located in a required sight triangle in such a
manner as to obstruct traffic visibility at a level between three
feet (3') and six feet (6') as measured above adjacent road grade.
Section 7 - 700 Special Use Performance Standards
A. 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 traffic
movements, and shall be subject to the approval of the Director of
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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-ways.
Ingress lanes shall be from the least heavily travelled street
wherever possible.
B. Drainage
On request, a drainage plan for the proposed development shall be
submitted to the Director of Community Development for review and
approval.
C. Compatibility with Surrounding Area
The appearance and functional plan of the building and site shall not be
so dissimilar to the existing buildings or area as to cause. impairment
in property values or constitute a blighting influence within a
reasonable distance of the lot. The proposed development shall be
compatible with existing and planned use of the area and conflicts shall
not be created between the proposed use and existing and intended future
uses of the surrounding area.
D. Re~ired Licenses Obtained
All necessary governmental permits and licenses shall be secured
with evidence of such placed on record with the City.
E. Availability and Ade~acy of Public Services
Public services including but not limited to sewer, water, gas,
police and fire protection are available at an adequate level and
capable to service the proposed land use. The Planning & Zoning
Commission and the City Council may impose any necessary conditions
or restrictions upon the proposed land use to insure that an
overloading of City system does not occur and that inordinate
demand on public services does not jeopardize or limit existing and
protected public services demands.
F. Loading Berths
Loading berths located on the front or at the side of buildings on
a corner lot shall be required to meet the following conditions:
1. Loading berths shall not conflict with pedestrian movement.
2 . Loading berths shall not obstruct the view of the public
right-of-way from off-street parking access.
3. Loading berths shall comply with all other requirements of
this Ordinance.
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ARTICLE EIGHT: PLANNED UNIT DEVELOPMENT DISTRICT
Section S - 100 Purpose and Intent
The purpose of this district is to provide for the grouping of land
parcels for development as an integrated coordinated unit as opposed to
tradi tional parcel by parcel, piecemeal, sporadic and unplanned approach
to development. This section is intended to introduce flexibility of
site design and architecture for the conservation of land and open space
through clustering of buildings and activities through conditional use
provisions. It is further intended that Planned Unit Developments are
to be characterized by central management, integrated planning and
architecture, joint or common use of parking, maintenance of open space
and other similar facilities, and a harmonious selection and efficient
distribution of uses.
Section S - 200 Permitted. Accessory & Special Conditional Uses
P.U.D. District
All uses permitted in the residential, commercial, and industrial
districts.
\
'.
Section 8 - 300 Density/Intensity Regulations: P.U.D. District
Based on conditions established under this section and those established
under Section 10-100, Planned Unit Development procedures.
Section S - 400 Sgecial Regulations and Procedures: P.U.D. District
8 - 401 Procedure for Establishing or Developinq a Planned
Unit Development District Development
1. An application for a conditional use permit shall be filed and
processed based upon procedures established by Section 10-200.
2. An application for a General Plan shall be filed and processed
simultaneously with the conditional use permit and shall be subject
to the requirements of this Ordinance and the La Porte Development
Ordinance.
3. Submittal and Filing of the General Plan shall be according to the
Development Ordinance of the City of La Porte, and shall contain
(in addition to the requirements of said Development Ordinance) the
following information:
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a. General area wide development plan {general outline of the
site and surrounding area} .
1) Uses
2) Zoning
3) Streets
4) Grade or topography
5) Density
6) Utilities and drainage
4. The applicant shall submit a proposed schedule of construction. If
the construction of the proposed Planned Unit Development is to be
in stages, then the components contained in each stage must be
clearly delineated. The development schedule shall indicate the
approximate starting date and the completion date of the complete
development plan.
5. A writt~n description shall be submitted documenting the type of
property control that will be utilized to administer, control and
maintain any common open space or areas.
Section S - 402 Review & Evaluation Criteria: P.U.D. District
The City Planning Commission shall review and recommend to the City
Council who shall evaluate and decide based on the following criteria:
1
"
1. Adequate property control is proposed to protect the individual
owners; rights and property values, and the public responsibility
for maintenance and upkeep.
2. The interior circulation plan plus access from and onto public
right-of-ways does not create congestion or dangers and is adequate
for the safety of the project residents and the general public.
3. A sufficient amount of useable open space is provided.
4. The arrangement of uses does not unreasonably disturb the privacy
or property values of the surrounding residential uses.
5. The preliminary drainage and utility system plans are adequate
based on a report from the Director of Community Development and
the final drainage and utility plans shall be subject to his
approval.
6. The development schedule insures a logical development of the site
which will protect the public interest and conserve the land.
7. The development is in compliance with the requirements of the
La Porte Development Ordinance.
S. Dwelling unit requirements are in general compliance with the
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applicable district provisions.
9. The provisions of Section 10-200, Conditional Use procedures of
this Ordinance are considered satisfactorily met.
10. The development is in conformance with the comprehensive plan.
Section 8 - 403 Termination
In the event submission or detailed major or minor development site
plans, or preliminary plats has not occurred within twelve (12) months
of the last approval, then the conditional use permit will become null
and void. The applicant may, within the first twelve (12) months,
however, request an extension for one {I} additional year, and the City
Planning Commission may grant such extension.
Section S - 404 Subse~ent Procedures
A. Once the general plan and conditional use permit have been
approved, the applicant may proceed to apply for specific major or
minor development site plans, and preliminary plat approval (as the
case may be), subject to the requirements of Section 10-100 Planned
Unit Development procedures.
B. "l Each subsequent request for specific maj or or minor development
site plan approval and preliminary plat approval shall be based on
the approved general plan. A change in the developer's or
subdivider's plans shall require submission and filing of new
General Plan together with the approval thereof, as required in the
City of La Porte Development Ordinance Section 4.01 General Plans.
ARTICLE NINE: RESERVED FOR EXPANSION
Reserved
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RESERVED FOR FUTURE USE
1
"
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ARTICLE TEN: SPECIAL REGULATIONS
Section 10 - 100 Planned Unit Development Procedures
The planned unit development procedures are intended to be used in two
ways. First, for any development in a district that meets all the use
requirements (for example, multi family residential in a R-3 zone) that
may not be able to meet the minimum lot area or setback criteria because
of the type of "neighborhood" the developer envisions; or second, to
regulate the second phase of submission in the planned unit development
zone. (Refer back to Section S-100 et seq.).
Section 10 - 101 Procedures for Establishing a Planned Unit
Development and Subse~ent Review
1. An application for a conditional use permit shall be filed and
processed based upon procedures established by Section 10-200 of
this Ordinance.
2. An application for a Major Development Site Plan, Minor Development
Site Plan, or Preliminary Plat shall be filed and processed
simultaneously with the Conditional Use Permit and shall be subject
to the requirements of the La Porte Development ,Ordinance.
3. Submittal and filing of the major or minor development site plan or
preliminary plat shall be in accordance with the requirements of
the Development Ordinance of the City 'of La Porte, and shall
contain (in addition to the requirements of said Development
Ordinance) the following information:
\
"
a. The entire outline, overall dimensions and area of the tract
described in the application.
b. The use, zoning and ownership of all adj acent properties
within one hundred feet (100') of the tract boundaries
including the location of all structures thereon and the
right-of-way widths of all adjacent public roadways.
c. The existing and proposed topography of the tract with contour
intervals not greater than one foot (I').
d. The location, general exterior dimensions and approximate
gross floor areas of all proposed buildings, or where
appropriate, examples of housing units to be built on lots.
e. The type of each use proposed to occupy each building and the
approximate amount of building floor area devoted to each
separate use, if appropriate.
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f. The proposed location, arrangement and number of automobile
parking stalls, or appropriate examples for each housing type.
g. The proposed location, arrangement and general dimensions of
all truck loading facilities, if appropriate.
h. The location and dimensions of all vehicular entrances, exits
and driveways and their relationship to all existing or
proposed district or development examples for each housing
type.
i.
The location and dimensions of all walls,
pI ant ings designed to screen the proposed
development from adjacent uses.
fences,
district
and
or
j. The general drainage system.
k. Standards for ext~rior signs, architectural style, landscape
concepts, and other variables which will be controlled in the
design of buildings in the development area.
I. Proposed exterior architectural elevations illustrating the
basic design elements and material appearances.
4.
The applicant shall submit a proposed schedule of construction. If
the construction of the proposed Planned Unit Development is to be
in stages, then the components contained in each stage must be
clearly delineated. In addition, the Developer or Subdivider must
submit a General Plan in accordance with the requirements of the
Ci ty of La Porte Development Ordinance. Said General Plan shall be
submitted prior to the submission of a Development Site Plan or
Preliminary Plat, as the case may be. The development schedule
shall indicate the approximate starting date and the approximate
completion date of the complete Development Plan.
5.
A draft of all proposed deed restrictions, assessments, and
covenants shall be filed clearly delineating responsibility for
maintenance and control of public and private property, and common
areas.
6.
Review and Evaluation Criteria
The City Planning Commission shall review and recommend to th~ City
Council who shall evaluate and decide l?ased on the following
criteria:
a. Adequate property control is provided to protect the
individual owners' rights and property values and the public
responsibility for maintenance and upkeep.
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b. The interior circulation plan plus access from and onto public
right-of-way does not create congestion or dangers and is
adequate for the safety of the project residents and general
public.
c. A sufficient amount of usable open space is provided, in
general conformance with the open space requirements outlined
for each particular use classification in this Ordinance.
d. That the arrangement of buildings, structures and accessory
uses does not unreasonably disturb the privacy or property
values of the surrounding residential uses.
e. Acoustical controls for interior areas and facilities are at
minimum in compliance with the current standards of the
Standard Building Code of the City of La Porte.
f. The architectural design of the project is compatible with the
surrounding area.
g. The drainage and utility system plans are submitted to the
Director of Community Development and the final drainage and
utility plans shall be subject to his approval.
h. The development schedule ensures a logical development of the
site which will protect the public interest and conserve the
land. "I
i. The development is in compliance with the requirements of the
La Porte Development Ordinance.
j. Dwelling unit and accessory use requirements are in general
compliance with the district provisions in which the
development is planned.
k. The provisions of Section 10-200 of this ordinance are
considered and satisfactorily met.
7.
Final Planned Unit Development Plan
The approved general plan, major development site plan, minor
development site plan, or preliminary plat, together with all
conditions, covenants, deed restrictions, dedications, controls,
and conditional use permits that are part thereof, shall be known
as the Final Planned Unit Development Plan and shall become a part
of the official file of the City.
s.
Notwithstanding anything else in this Ordinance to the contrary, no
building permit, nor a development authorization (as said terms are
defined in the Development Ordinance of the City of La Porte) shall
be issued until all required general plans, development site plans,
preliminary plats, or conditional use permits have been approved by
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the appropriate approving authorities, as said authorities are
defined in the Development Ordinance of the City of La Porte and
this Ordinance.
Section 10 - 102 General Development Requirements
1. Property Controls
a. In order that the purpose of this section may be achieved, the
property shall be in single ownership or under the management
and supervision of a central authority or otherwise subject to
such supervisory lease or ownership control as may be
necessary to carry out the provisions of this Ordinance.
b. Prior to the use or occupancy or sale or the execution of
contracts for sale of an individual building unit, parcel,
tract, townhouse, apartment, or common area, a declaration of
covenants, conditions and restrictions or an equivalent
documents shall be filed with the City of La Porte; said
filing with the City to be made prior to the filing of said
declaration or documents or plans with the recording officers
of Harris County.
c. Prior to recording in Harris County Deed Records, approval of
the City of La Porte shall be secured as to the documents
described in paragraph (b) above.
d. The declaration of covenants, conditions or restrictions or
equivalent document shall specify that deeds, leases or
documents of conveyance affecting buildings, units, parcels,
tracts, townhouses, or apartments shall subject said
properties to the terms of said declaration.
e. The declaration of covenants, conditions and restrictions
shall provide that an owners' association or corporation shall
be formed and that all owners shall be members of said
association or corporation which shall maintain all properties
and common areas in good repair and which shall assess
individual property owners proportionate shares of joint or
common costs. The declaration shall be subject to the review
and approval of the City Attorney. The intent of this
requirement is to protect the property values of the
individual owner through establishing effective private
control.
2. Public Services
The proposed project shall be served by the City water and sewer
system and fire hydrants shall be installed at such locations as
necessary to provide fire protection. Proposed utility connections
shall be subject to approval by the Director of Community
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Development.
3. Building Height
Height limitations shall be the same as imposed in the respective
districts.
4 . Roadways
Private roadways within the project shall have an improved surface
to twenty four feet {24'} or more in width and shall be so designed
as to permit the City fire trucks to provide protection to each
building. No portion of this required twenty four foot (24') road
system may be used in calculating required off-street parking space
or be used for parking.
Section 10 - 103 Specific Development Re~irements: P.U.D. District
Developments and Intra District P.U.D.s
1. General Residential
a. Pu~ose
It is the intent of this Section of this Ordinance to
establish provisions for the granting of a conditional use
permit for Planned Unit Development-General Residential
projects which are in compliance with the permitted and
conditional uses allowed in a specific district including
dwellings, and institutional uses of one {I} or more buildings
in relation to an overall design, and integrated physical plan
in accordance with the provisions and procedures as prescribed
in this Ordinance.
b. Minimum Project Size
The tract of land for which a Planned Uni t Development -General
Residential project is proposed and permit requested shall
contain not less than five (5) acres of land.
c. Re~ired Frontage
The tract of land for which a project is proposed and permit
requested shall not have less than two hundred feet (200') of
frontage on a public right-of-way.
d. Yards
The front, rear and side yard restrictions at the periphery of
the Planned Unit Development site, at a minimum, shall be the
same as imposed in the respective districts.
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4.
No building shall be nearer than its building height to the
rear or side property line when such line abuts an IR-1" or
"R-2" use district.
No building shall be located less than fifteen feet (IS') from
the back of the curb line along those roadways which are part
of the internal street pattern.
No building within the project shall be nearer to another
building than one-half (1/2) the sum of the building heights
of the two (2) buildings.
2.
Townhouses. Cooperative. Condominiums. Multiple-Family
Structures - Requirements
a. No single townhouse structure shall contain more than twelve
{12} dwelling units.
b. Minimum unit lot frontage for townhouses shall be not less
than twenty feet (20').
c. Dwelling unit and accessory use requirements are in compliance
with the district provisions in which the development is
planned.
d. Townhouses, cooperatives and condominiums may be subdivided on
an individual unit basis according to the provisions of the La
Porte Development Ordinance, or under the laws of the State of
Texas.
3.
Density Bonus
As a consequence of a Planned Unit Development's planned and
integrated character, the number of dwelling units allowed within
the respective zoning district may be increased up to ten percent
{10%}. The building, parking and similar requirements for these
bonus units shall be observed in compliance with this Ordinance.
Commercial and Industrial
a. Purpose
The intent of this Section of the Ordinance is to establish
provisions for the granting of a conditional use permit to
erect Planned Unit Development - Commercial and Industrial
projects which are in compliance with the permitted and
conditional uses allowed in a specific district in one (I) or
more buildings in relation to an overall design, an integrated
physical plan and in accordance with the provisions and
procedures in this Ordinance.
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b. Minimum Project Size
The tract of land for which a Planned Unit Development -
Commercial or Industrial project is proposed and permit is
requested, shall contain not less than five (5) acres for
commercial and industrial projects.
c. Frontage
The tract of land for which a project is proposed and a permit
requested shall not have less than two hundred feet (200') of
frontage on a public right-of-way.
d. Yard
No building shall be nearer than fifty feet {50'} to the side
or rear property line when such line abuts an "R-1", "R-2",
IR-3" or MH use district.
e. Landscaping. Screening and Surfacing
1. The entire site other than that taken up by structures or
landscaping shall be surfaced with a material to control
dust and drainage.
2 . A drainage system subj ect to the approval of the Director
of Community Development shall be installed. ,,'
3. Developments abutting 'an "R-1", "R-2", "R-3" or MH
district shall be screened and landscaped in compliance
with required screening and landscaping for the specific
use involved as required in Sections 6 & 7, Table B.
4. Required landscaping must be maintained by the property
owner and/or occupant.
Section 10 - 104 General Implementation provisions: P.U.D. District
Developments and Intra District P.U.D.s
1. Compliance with the Final Develo~ment Plan and Changes
a. The development of the Planned Unit Development shall be in
compliance with the Final Development Plan.
b. Differences between the actual development and proposed
development shown in the Final Development Plan not permitted
under the foregoing provisions of this Section, will be
permitted only if the Final Development Plan is changed with
the approval of the City Council. Proposed changes shall be
reviewed by the Planning Commission and recommendations
forwarded to the Council.
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2. Building Permits
Applications for building permit shall be reviewed and approved by
the Building Inspector after considering action and conditions
imposed by the City Council. Such applications shall be examined
to determine if they are in compliance with this Ordinance and the
final development plan.
3. Zoning Permit
A Zoning Permit shall be secured in compliance with Section 11-300.
Section 10 - 200 Special Conditional Use Permit Regulations for
all Conditional Uses in all Zoning Districts
10-201 General Conditions
1. A special conditional.use permit may be granted by the City Council
for the construction of a building and/or the establishment of a
use as described in this or any other section, upon a tract of land
in single ownership or under unified control.
2. Upon application for a special conditional use permit and
submission of a general plan, major development site plan, minor
development site plan, or preliminary plat (as the case may be),
the City Planning and Zoning Commission shall conduct a public
hearing, duly advertised and with proper notice being given to all
parties affected, as provided in Section 11-507. Said general site
plan, major development site plan, minor development site plan, or
preliminary plat shall be drawn to scale and shall show the
arrangement of the project in detail, including parking facilities,
location of buildings, building uses to be permitted, means of
ingress and egress, and other pertinent information, together with
the information required by the Development Ordinance of the City
of La Porte.
3. After public hearing and upon recommendation of the City Planning
and Zoning Commission, the City Council may modify the Final
Planned Unit Development Plan and issue a Special Conditional Use
Permit containing such requirements and safeguards as are necessary
to protect adjoining property.
4. Failure to begin construction within one {I} year after issuance or
as scheduled under the terms of a special conditional use permit
shall void the permit as approved, except upon an extension of time
granted after application to the Planning and Zoning Commission.
If construction is terminated after the completion of any stage and
there is ample evidence that further development is not
contemplated, the ordinance establishing such special conditional
use permit may be rescinded by the City Council, upon its own
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motion or upon the recommendation of the Planning and Zoning
Commission of the City of La Porte, and the previous zoning of the
entire tract shall be in full effect on the portion which is
undeveloped.
5. Every special conditional use permit granted as provided herein
shall be considered as an amendment to the Zoning Ordinance as
applicable to such property.
10 - 202 Conditions for Approval. A Special Conditional Use Permit
shall be issued only if all of the following conditions have
been found.
1. That the specific use will be compatible with and not injurious to
the use and enjoyment of other property, nor significantly diminish
or impair property values within the immediate vicinity.
2. That the conditions placed on such use as specified in each
district have been met by the applicant.
3. That the applicant has agreed to meet any additional conditions
imposed, based on specific site constraints, and necessary to
protect the public interest and welfare of the community.
10 - 203 Amendments ,,1
The procedure for amendments for a Special Conditional Use Permit shall
be the same as for a new application.
10 - 300 Accessory Buildings. Uses and E~ipment
1. No accessory buildings, uses or structures shall be erected or
located in any required yard other than the rear yard except:
A detached private garage as defined, may be permitted in side
yards, provided: (I) it complies with all the requirements of this
section; {2} it shall be five feet {5'} or more from side lot
lines; and {3} the side yard does not abut a street right-of-way.
Accessory Buildings built on a skid foundation, no larger than one
hundred twenty (120) square feet and no more than one story in
height may be located in utility easements in required rear yards,
except that they may not be located closer than three feet (3')
from a side or rear property line or closer than six feet (6') from
any other structure.
2. Accessory buildings, uses and structures shall not exceed fifteen
feet {IS'} 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
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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 (10') 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.
Large Lot Residential Only: Accessory buildings in Single Family
Residential Large Lots may not exceed two thousand {2,000} square
feet of floor area. Accessory buildings with a floor area in
excess of one thousand (1,000) square feet must be located at least
thirty feet (30') from any property line and thirty feet (30')
behind the rear of the primary structure. ,,'
6. No permit shall be issued for the construction of more than one (I)
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 (ISO') from all property lines
or the height of the structure, whichever is greater.
S. 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.
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
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feet (25') 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. 135S,shall apply in any event.
The keeping of livestock or fowl 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 and
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 Chapter 5 of the City of La Porte Code of Ordinances.
Provided further that all animals must be boarded in enclosures
located no closer than one hundred (100) feet from any property
line. The requirements of City Ordinance 135S and any amendments
or additions thereto shall apply in any event. The provisions of
this section shall in no way supersede or override prohibitions or
regulations of any other ordinance pertaining to kennels, their
licensing or operation.
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 Swimming Pools. Spas. and Hot Tubs
No swimming pools, spas, or hot tubs shall be erected or located
in any required yard except in accordance with the following
provisions:
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1. Setbacks
Pools
Pumps, Filters
Spas/ Heating
Hot Tubs Decks Equipment
N/A N/A N/A
5' 2' 2'
5' 2' 2'
May Not May Not May Not
Encroach Encroach Encroach
See Sect. See Sect. See Sect.
10-401{2} 10-404(2) 10-401{2}
Separation from
Adjacent Structures
6'
Side Setback
5'
Rear Setback
5'
Setback from
Utility
Easement
3' .
Front Setback
See Sect.
10-401(2}
2. Fences: Swimming pools, spas, and hot tubs shall be enclosed
within a fence at least four feet (4') in height. Fences
shall comply with all requirements of the currently adopted
edition of the Standard Swimming Pool Code published by the
Southern Building Code Congress International. In the case of
a pool located in a front yard adjacent to the shoreline of
Galveston ~ay, see Section 10-502.
Section 10 - 400 Exceptions
10 - 401 Yard Re~irements
The following shall not be considered as encroachments on yard
setback requirements.
l. Chimneys, flues, belt courses, leaders, sills, pilasters,
lintels, ornamental features, cornices, eaves, gutters, steps,
stoops, and the like, provided they do not project more than
four feet (4') into any front or rear yard, and two feet {2'}
into any side yard.
2. Terraces, decks, patios, or similar features, provided they do
not extend more than one foot (I') above the height of the
exterior finish grade elevation, or to a distance less than
two feet (2') from any lot line, or encroach upon any utility
easement. Further, pools shall not be considered as an
encroachment on a front yard setback, provided that said pools
are located in a front yard adjacent to Galveston Bay, and
provided further that said pool does not extend more than one
foot {I'} above the exterior finish grade elevation, or to a
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distance less than two feet (2') from any lot line or encroach
upon any utility easement.
3. Rear Yards Only: An unenclosed, attached patio cover, awning,
or canopy, provided that no portion of said patio covers,
awnings, or canopies shall encroach into any utility
easements, or any vertical projection thereof, and provided
further that no portion of said patio covers, awnings, or
canopies shall be located at a distance less than five feet
{5'} from the side property line or three feet (3') from the
rear property line, or any vertical projection thereof.
4. Front and Side Yard CarQorts: Front and side yard carports
shall be permitted for single family detached homes subject to
the following requirements:
a. Carports in a required front or side yard shall not be
located closer than five feet {5'} from any front or side
property line. .
b. Carports located on corner lots shall not be located
closer than twenty-five feet {25'} from an intersection.
This distance shall be measured from the intersection of
property lines common with street right-of-way lines.
c. The maximum width of a carport located in a required
front or side yard shall be twenty-five feet (25').
10 - 402 Height Requirements
The building height limits established in this Ordinance for
distances shall not apply to the following except if they are
located within an airport height restriction area:
1. Belfries;
2. Chimneys or flues;
3. Church spires, not exceeding twenty feet {20'} above roof;
4. Cooling towers;
5. Cupolas and domes which do not contain usable space;
6. Elevator penthouses;
7. Flag poles;
8 . Monuments;
9. Parapet walls extending not more than three feet {3'} above
the limiting height of the building;
10. Water towers;
11. Poles, towers, and other structures for essential services
12. Necessary mechanical and electrical appurtenances;
13. Television and radio antennas not exceeding twenty feet
(20') above roof;
14. Wind electrical generating equipment.
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10 - 403 Exterior Storage
In residential zones, all materials and equipment shall be stored
within a building or fully screened so as not to be visible from
adjoining properties, except for the following:
1. Clothes line poles and wires;
2. Construction and landscaping material currently being used on
the premises;
3. Off-street parking of passenger vehicles and light trucks, as
defined in this Ordinance;
4. Firewood, compost, or residential lawn and garden, tools.
Section 10 - 500 General Fencing and Landscapinq Re~irements
10 - 501 No fences, structures, grading, or barrier hedges shall be
permitted within any front yard areas except in the case of
large lot residential lots, or in the case of lots with a
front yard directly adjacent to the shoreline of Galveston
Bay, as provided below.
10 - 502 In the case of large lot residential lots, six feet {6'}
perimeter fences are permitted as an accessory use. In the
case of lots with a front yard directly adjacent to the
shoreline of Galveston Bay, four feet {4'} front yard fences
are permitted parallel and adjacent to the side lot lines.
However, said fences shall not be permitted on the front lot
line directly adjacent to Galveston Bay, and shall only be
constituted of chain link. These exceptions do not permit
structures, grading, or barrier hedges.
10 - 503 Within side yards and rear yards, fences of not higher than
six feet {6'} excluding six inch (6") rot boards and walls
forty-two inches (42") high or less shall be permitted.
10 - 504 Fences or trees placed upon utility easements are subject to
removal at the owner's expense if required for the maintenance
or improvement of the utility. Trees on utility easements
containing overhead wires shall not exceed ten feet (10') in
height.
10 - 505 Both sides of the fence must be maintained in good condition
by the owner of the fence.
10 - 506 Barbed wire fences shall not be permitted, used or constructed
except in industrial districts or to control livestock as
hereinafter provided.
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10 - 507
10 - 50S
A.
B.
c.
Property line fences in any industrial district shall not
exceed eight feet {8'} in height except that:
1. Fences erected along a property line in common with a
residential district shall be subject to the provisions
herein described in residential district fences, and
2 . Fences in commercial and industrial zones which are
primarily erected as a security measure may have arms
projecting into the applicant's property on which barbed
wire can be fastened commencing at a point at least seven
feet (7') above the ground, and such fence shall not be
erected wi thin the required landscaped portion of any
yard or the front yard setback of any commercial or
industrial establishment.
Landscaping
Landscaping is required in percentages specified in Sections
5-700, 6-500, and 7-600. Site plan and/or separate landscape
plans shall be submitted in conjunction with building permit
applications. Approval of landscape requirements is a
condition of building permit approval.
1. Total area of required landscaping shall be computed by
the following method:
a. Total developed site area shall be computed.
b. Total area of roofed over improvements shall be
computed and then deducted from the developed site
area.
c. The area of required landscaping shall be based on
the total remaining developed site area.
Public right-of-way may be used for landscaping purposes.
However, right-of-way used for landscaping will not contribute
towards a total required landscaping percentage for parking
and open-space areas. Landscaping on public property or
easements is at owner's risk and subject to the requirements
of Section 10-504.
Landscaping plans shall be developed using the following
criteria:
1. Location
a. Required landscaping shall be located in the front
and side yard.
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b. Landscaping located in sight triangles shall be
maintained in a manner that maintains an area of
clear visibility between three {3} and six (6) feet
as measured vertically from the adjacent prevailing
grade.
2. Types of Plants and Materials
a. Grass, ground cover, flowering and non- flowering
plants, shrubs and trees, wood, timber, stone,
fountains, and ponds may be used for required
landscaping.
3 . Maintenance
a. . Required landscaping must be maintained by the
property owner and/or occupant.
Section 10 - 600 Off-Street Parking Requirements
10 - 601 Purpose
A. The regulation of off-street parking spaces in these zoning
regulations is to alleviate or prevent congestion of the
public right-of-way and to promote the safety and general
welfare of the public, by establishing minimum requirements
for off-street parking of motor vehicles in accordance with
the utilization of various parcels of land or structures.
B. In parking lots comprised of twenty-five (25) or more spaces,
a maximum of eight percent {S%} of required parking spaces may
be developed as landscape islands {subj ect to the requirements
of Section 10-508[c]}. These islands shall count towards the
total percentage of landscaping required in Sections 5-700,
6-500, and 7-600.
10 - 602 Application of Off-Street Parking Regulations
The regulations and requirements set forth herein shall apply to
all off-street parking facilities in all of the zoning districts of
the City.
10 - 603 Site Plan Drawing Necessary
All applications for a building or a zoning permit in all zoning
districts shall be accompanied by a certified site plan drawn to
scale and dimensioned indicating the compliance with the
requirements set forth in this Section.
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10 - 604 General provisions
1. Floor Area
The term "floor area" for the purpose of calculating the
number of off-street parking spaces required shall be
determined on the basis of the exterior floor area dimensions
of the buildings, structure or use times the number of floors,
minus fifteen percent {15%}.
2. Reduction of Existing Off-Street Parking Soace or Lot Area
Off - street parking spaces and loading spaces or lot area
existing upon the effective date of this Ordinance shall not
be reduced in number or size unless said number or size
exceeds the requirements set forth herein for a similar new
use.
3. Non-Conforming Structures
Should a non-conforming structure or use be damaged or
destroyed by fire, it may be re-established if elsewhere
permitted in these zoning regulations, except that in doing
so, all off-street parking or loading spaces shall meet the
requirements of this Ordinance.
4. Change of Use or Occupancy of Land
No change of use or occupancy of land already dedicated to a
parking area, parking spaces, or loading spaces shall be made,
nor shall any sale of land, division or subdivision of land be
made which reduces area necessary for parking, parking stalls,
or parking requirements below the minimum prescribed by these
zoning regulations.
5. Change of Use or Occuoancy of Buildinqs
Any change of use of occupancy of any building or buildings
including additions thereto requiring more parking area shall
not be permitted until there is furnished such additional
parking spaces as required by these zoning regulations.
6. Garage Requirement
Every single family dwelling unit hereafter shall be so
located on the lot so that at least a two {2} car garage or
carport {exclusive of front yard carports}, either attached or
detached, can be accessed on said lot. It is not, however,
the intent of this section to prohibit the conversion of an
existing residential garage to a habitable room.
7. Residential Use
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10 - 605
3 .
s.
Off-street parking facilities accessory to residential use
shall be utilized solely for the parking of licensed and
operable passenger automobiles. Under no circumstances shall
required parking facilities accessory to residential
structures be used for the storage of commercial motor
vehicles or equipment, pole trailers, semi-trailers, shipping
containers, trailers, trucks, or truck tractors. Boat or
recreational vehicles, are not subjected to the restrictions
imposed by this section.
Calculating Space
a. When determining the number of off-street parking spaces
results in a fraction, each fraction of one half (1/2) or
more shall constitute another space.
b. In stadiums, sport arenas, churches and other places of
public assembly in which patrons or spectators occupy
benches, pews or other similar seating facilities, each
twenty-two inches {22"} of such seating
facilities shall be counted as one (I)
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 requi~~d.
Design Standards (Also see Tables 10-1. 10-2. 10-3)
1.
Parking Space Size
Each parking space shall not be less than nine feet (9') wide
and eighteen feet (18') 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 {I} 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.
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.
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4.
Except in the case of single, two family and townhouse
dwellings, parking area design which requires backing into the
public street is prohibited.
In all cases, parallel parking spaces shall be twenty- two feet
(22') 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:
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\
I FIGURE 10-1
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, IS'
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c- -'
....1.::
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FIGURE 10-2
CURB AND DRIVEWAY CRITERIA, RESIDENTIAL DISTRICTS
{R-1, R-2, R-3, MH}
DRIVEWAY
REOUIREMENTS
12' to 25'
2' to 5'
25' Min. *
10' Min.
3' Min.
90
5% Max.
Drive Width
Curb Return Radius
Distance from Intersection
Spacing between Driveway
Distance from Side Lot Line
Intersecting Angle
Approach Grade
FOR CONCRETE DRIVES ONLY:
a. Material
Min. 4" thickness
w/ 6X6-6/6 W.W.M.
b. Expansion Joint
At property line
Curb disappearing at
property line,
c. Curb {if applicable}
Obstruction Clearance
Min. 3' from poles,
hydrants, etc.
* This distance shall be measured from the intersection of
property lines common with street right-of-way lines.
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FIGURE 10-3
CURB AND DRIVEWAY CRITERIA
COMMERCIAL AND INDUSTRIAL DISTRICTS
(CR, NC, GC, BI, LI, HI)
DRIVEWAY
CRITERIA
REQUIREMENTS
COMMERCIAL INDUSTRIAL
Drive Width
20' to 25' 30' to 40'
10' to 15' 10' to 15'
40' * 40' Min. *
40' Min. 40' Min.
1/S0' ; 2/150' 1/S0' ; 2/150'
40% 40%
90 90
5% Max. 5% Max.
At Prop. Line At Prop. Line
Disappearing Disappearing
at Prop. Line at Prop. Line
5' Min. 5' Min.
10' Min. 10' Min.
Curb Return Radius
Distance from Intersection
Spacing between Driveways
Number of Accesses
% of Property Frontage
Intersecting Angle
Approach Grade
Expansion Joint
Curbs
Obstruction Clearance
Distance from Side Lot Line
* The distance shall be measured from the intersection of
property lines common with the street right-of-way lines.
5. Driveway 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. Surfacing
All areas intended to be utilized for parking space and
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10.
driveways shall be surfaced with materials suitable to control
dust and drainage. Suitable materials shall be concrete,
asphalt, recycled asphalt, or other materials if approved by
the City Engineer, 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.
Striping
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.
s .
Lighting
9.
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.
Curbing
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.
Re~ired Screening
Any screening required shall consist of the following:
a. A planting strip shall consist of evergreen ground-cover,
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.
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 s'ix feet {6'} above adj acent
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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. Parking Lot Screening
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 four feet (4') in
width. Plantings should consist of trees and low evergreen
shrubs. Planting plans shall be approved by the Director of
Community Development.
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
I
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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.
3. There shall be no off-street parking within fifteen feet (IS')
of any street surface.
4. The boulevard portion of the street right-of-way shall not be
used for parking.
5. Setback Area
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Required accessory off - street parking shall not be provided in
front yard setbacks or in side yard setbacks in the case of a
corner lot, in R-1 and R-2 Districts.
6. In the case of single family, two family, and townhouse
dwellings, parking shall be prohibited in any portion of the
front yard except designated driveways or one (I) open,
surfaced space located on the side of a driveway, away from
the principal use. Said extra space shall be surfaced with
concrete or bituminous material.
10 - 60S Use of Required Area
Required accessory off-street parking spaces in any district shall
not be utilized for open storage, sale or rental of goods, or
storage of inoperable vehicles as regulated by the junk vehicle
ordinance.
10 - 609 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 of La Porte Building Code,
and the Southern Standard Building Code.
USES (SIC CODE)
NUMBER OF
PARKING SPACES*
REQUIRED
FOR EACH
Single family, attached
or detached townhouses,
duplexes, manuf. housing,
patio homes, modular
housing & up to (4)
unit multi-family
2
Dwelling Unit
Multi-family including
condominiums
1
1.5
2.5
3
Efficiency Unit
1 Bedroom
2 "
3 or More
Bedrooms
* These numbers are the minimum required regardless of building
or use size.
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USES (SIC CODE)
NUMBER OF
PARKING SPACES*
REQUIRED
FOR EACH
Group care facilities
1
1
4 Beds
Staff Member
or Employee
5 Children
Staff Member
Daycare centers
1
1
10 Minimum. Plus
Recreational buildings,
private clubs, community
centers
1
200 s.f. in Excess
of 2,000 s.f.
Libraries, museums
1
1,000 s.f. in Excess
of 2,000 s.f.
Religious institutions,
theaters, auditoriums
1
4 seats in
Assembly Hall
Public or private educa-
tional, elementary, &
junior high school
1
1
20 students
Staff Member
Senior high school
,l
4 students
Staff Member
1
1
Governmental & public
utility buildings &
structures
1
300 s.f. of office
Colleges & Technical
Institutes
1
1
1.5 students
Staff member
4 Minimum. Plus
Rest homes, nursing homes,
(80S) convalescent homes
1
2 Beds
Hospitals (S06)
Banking
1
2 Beds
1
400 s.f.
* These numbers are the minimum required regardless of building
or use size.
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USES (SIC CODE)
Credit agencies, business
services, brokers, insurance,
real estate, and holding
companies (601-679 & 731-739)
Hotel, motels, rooming
houses (701-704) ,
Misc. repair services,
electrical, TV, & watch
repair {762-769}
Health, legal & social
services {SOl-S04,Sll and S32}
Manufacturing
General contractors {152-162}
Special trade contractors
(171-179)
Terminal & service facilities
for motor vehicle passenger
transportation (417)
Motor freight transportation,
storage, and warehousing
{421-423}
Wholesale trade, durable
and non-durable (501-519)
Building materials, hardware,
garden supply & mobile home
dealers {521-527}
General merchandise stores,
food stores, apparel and
accessory stores, furniture
& home furnishings, & misc.
retail {531-549; 561-573;
and 591-599; 553}
NUMBER OF
PARKING SPACES*
4 Minimum. Plus
1
1
1
2
3
3
1
3
1
3
1
3
1
1
3
1
1
4
1
4
REQUIRED
FOR EACH
300 s.f.
Rental Room
Employee
1,000 s.f. of
shop area
1,000 s.f.
1,000 s.f.
1.5 employees
1,000 s.f./Office
3 non-office employees
1,000 s.f./Office
Fleet veh. stored
on premise
1,000 s.f./Office
1.5 non-office employees
Vehicle stored on premise
1,000 s.f./Office
1.5 non-office employees
Vehicle stored on premise
1,000 s.f./Retail space
1.5 yard or open
space employees
1,000 s.f./Retail space
*
These numbers are the minimum r~quired regardless of building
or use size.
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USES (SIC CODE)
Personal service, beauty and
barber shops, etc. (721-
729 except 7218)
Automotive dealers {551-559}
{except 553-554}
Gasoline service stations
(554) automotive repair,
services & garages
Eating & drinking
establishment {5S1}
10
1,000 s.f.
2 Minimum. Plus
Bed & Breakfast
1
Each Rental Room
* These numbers are the minimum required regardless of building
or use size.
Section 10 - 700 Off Street Loading Requirements
10-701
Purpose
The regulation of loading spaces in these zoning regulations is to
alleviate or prevent congestion of the public right-of-way and so
to promote the safety and general welfare of the public. By
establishing minimum requirements for off-street loading and
unloading from motor vehicles in accordance with the utilization of
various parcels of land or structures.
10 - 702 Location
1. All required loading berths shall be off-street and located on
the same lots as the building or use to be served.
2. All loading berth curb cuts shall be located at minimum fifty
feet {50'} from the intersection of two (2) or more street
rights-of-way. This distance shall be measured from the
property lines common with the right-of-way lines.
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3. No loading berth area shall be closer than thirty feet (30')
from a residential district unless within a structure.
4 . Loading berths shall not occupy the front yard setback or side
yard setback if adjacent to a street right-of-way.
5. Each loading berth shall be located with appropriate means of
vehicular access to a street of public alley in a manner which
will cause the least interference with traffic.
10 - 703 Surfacing
All loading berths and accessways shall be surfaced in conformance
with the Public Improvements Criteria Manual to control the dust
and drainage according to a plan submitted and subj ect to the
approval of the Director of Community Development.
10 - 704 Accessory Use. Parking and Storage
Any space allocated as a required loading berth or access drive so
as to comply with the terms of these zoning regulations shall not
be used for the storage of goods, or inoperable vehicles and shall
not be included as part of the space necessary to meet the
off-street parking area requirements.
\
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10-705
Screening
Except in the case of multiple dwellings all loading areas shall be
screened and landscaped from abutting and surrounding residential
uses in compliance with the following:
a. A planting strip shall consist of evergreen ground-cover, 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.
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.
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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.
10 - 706 Size
Unless otherwise specified in these zoning regulations the first
loading berth shall be not less than fifty-five feet (55') in
length and additional berths required shall be not less than thirty
feet (30') in length and all loading berths shall be not less than
ten feet {10'} in width and fourteen feet {14'} in height,
exclusive of aisle and maneuvering space.
10 - 707 Number of Loading Berths Re~ired
The number of required off street loading berths shall be as
follows:
1. Manufactured. Fabrication. Processing. Warehou~ing. Storing.
Retail Sales. Schools and Hotels
For such a building ten thousand {10, OOO} to one hundred
thousand (lOO,OOO) square feet of floor area, one {I} loading
berth fifty-five feet {55'} in length, and one (I) additional
berth for each additional fifty-thousand (50,000) square feet
or fraction thereof.
2. Auditorium. Convention Hall. Exhibition Hall. Sports Arena or
Stadium
Ten thousand (10,000) to one hundred thousand (100,000) square
feet of floor area, one (I) 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 Buildings. Community
Public Educational Institutions.
Hosoital. Clinics. Professional and
One {I} off-street loading and service entrances shall be
provided, sized to meet the needs of the facility.
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4. Nursing Homes and Similar Group Housinq Serving in Excess of
16 Persons
One (I) off-street loading space, sized to meet the needs of
the facility.
Section 10 - 800 Airport Height 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
(IS') 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 (611) in diameter (or 1S.84" circumference) at a point
eighteen inches (IS") 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 D~velopment 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 obtaining a clearing permit
which would allow clearing of buildable areas only.
Section 10 - 1000
Sign Regulations
Section 10-1001
General Provisions
1. All signs shall be erected, displayed and maintained in
compliance with the requirements of this section and all other
applicable state laws and City Ordinances. If there is a
conflict between the regulations of this section and a state
law, City ordinance, or codes adopted by ordinance, the most
restrictive standard applies and controls. All signs not
expressly allowed by this ordinance are prohibited.
2. No sign nor part of any sign may have lights which flash, move
or rotate in such a manner as to be confused with traffic
control signals or emergency vehicle signals, or in a manner
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that confuses, misleads or distracts traffic motorists.
Beacons may not be placed on any sign or be made a part of any
sign. Additionally, no sign that resembles an official
traffic control sign, signal or device or that bears the words
stop, go slowly, caution, danger, detour, or other wording for
traffic control signs or devices may be used within the City.
3. All signs shall be properly and continuously maintained so as
not to become a safety hazard or detract from the appearance
of adjoining properties.
4. All areas immediately below and within a radius of fifteen
{IS} feet shall be properly maintained. This includes
maintenance of all vegetation to the standards set forth in
Chapter 13, Article II of the City of La Porte Code of
Ordinances.
5. No sign may be placed on or over a public right-.of-way,
whether used or unused, a utility easement, or on utility
poles.
6. No sign shall be located in a sight triangle so as to obstruct
traffic visibility at a level between three feet (3') and six
feet {6'} as measured above adjacent road grade.
,"
7. Any sign in violation of any provisions of this ordinance are
subject to immediate removal by the City of La Porte.
Section 10-1002
Portable Signs
1. Portable signs may be located in the High Density Residential
{R-3}, Manufactured Housing {MH}, Commercial Recreation {CR},
Neighborhood Commercial {NC}, General Commercial (GC),
Business Industrial (BI), Light Industrial {LI}, and Heavy
Industrial (HI) Zoning Districts.
2. A portable sign may not stand on any premise for more than
thirty (30) consecutive days at a time or for more than sixty
(60) days in any calendar year without a period of at least
twenty (20) intervening days.
3. Lighted portable signs shall be constructed and installed in
accordance with the requirements of the City's electrical
code. Portable signs with red, yellow, amber, green, or blue
lights or with lights that flash, blink, or vary in intensity
are prohibited.
4. Portable signs must comply with the setback requirements that
would apply to on-premise signs in the zoning district in
which the portable sign is to be located. Portable signs may
not be placed on public right-of-way and may not be placed in
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such a manner as to create a hazard to traffic.
5. A portable sign must be tied down or secured in a manner
prescribed by the Building Official to ensure the safe
installation of said sign.
6. A portable sign, during the required intervening periods, must
be completely removed from public view. Removal of the
lettering is not considered to be in compliance with this
section.
7. All damaged portable signs must be removed within forty-eight
(4S) hours of notification by the City until said sign has
been repaired.
S. Portable signs shall be used for on premise use only.
9. Nothing in th~s section shall apply to political advertising.
10. Portable signs are to be permitted through the Building
Official of the City of La Porte, consistent with the
provisions of this Ordinance. Permitted portable signs shall
have securely affixed and plainly visible a sticker, in form
prescribed by the City of La Porte, showing the date the
permit was issued, and the date the permit is to expire.
Portable signs shall also contain on both faces the date of
expiration of the current permit.
11. Portable signs located on premises in violation of any of the
provisions of this Ordinance, including the requirement that
portable signs have attached a validly issued, current permit
from the City of La Porte, are subject to immediate removal by
the City of La Porte.
Portable signs removed by the city of La Porte in accordance
with this Section, shall be safely and securely stored by the
City of La Porte.
Portable signs removed and stored by the City of La Porte may
be redeemed by their owner upon the payment of a storage fee
of fifty dollars {$50.00}. Signs not redeemed from storage
may be sold by the City of La Porte in accordance with laws
and regulating sale of abandoned property.
Nothing in this Section shall be construed as a waiver by the
City of La Porte on the penal enforcement of this Ordinance.
The remedies provided in this Section shall be in addition to,
and not cumulative of, other remedies the City of La Porte
might have as allowed in this Ordinance and state law.
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Section 10-1003
Political Signs
Temporary political signs placed for the duration of an election
campaign shall not be subject to the requirements of this ordinance
except that:
1. No political sign shall be placed within a sight triangle or
in a manner which will otherwise create a traffic hazard.
2. No political sign shall be placed on or over a public right-
of-way, whether used or unused, a utility easement or on
utility poles.
3. All portable signs used for political advertising shall be
anchored in a manner which will prevent their being blown
about by a strong wind.
4. All political signs shall be removed no later than ten {10}
days after the election for which they were placed. In the
case of run-off elections, political signs may remain in place
no longer than ten (10) days following the run-off.
Section 10-1004
On Premise Signs
1.
Freestanding On Premise Signs
\
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A. General provisions
{I} These regulations shall apply to freestanding signs
only
(2) Multiple reader panels mounted on a single base
shall be considered to be a single sign.
(3) For the purposes of this section, a multi-tenant
building shall be considered to be a single
establishment and shall be restricted to free
standing advertising signage in accordance with the
regulations governing such signs.
(4) Separate buildings located on a single piece of
property may be considered to be separate business
establishments with each building being eligible
for freestanding advertising in accordance with
these regulations.
{5} The number of on premise free standing non-
advertising signs intended to direct traffic and
not exceeding six (6) square feet in size shall not
be limited by this section.
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B.
C.
(6) On-premise real estate signs are allowed and shall
be exempt from all other provisions of Section 10-
1004.
R-1, R-2, R-3, and MH Districts
{I} One {I} free standing identification sign is
permitted for townhouses, multi-family
developments, group care facilities, subdivisions,
education and religious facilities.
(2) For a Bed and Breakfast facility one (I) sign not
exceeding three (3) square feet in area and non-
illuminated shall be allowed. This sign may be
either mounted on the building or located in a
landscaped portion of the yard.
(3) For a Home Occupation facility one (I) sign not
exceeding two (2) square feet in area and non-
illuminated shall be allowed. This sign shall be
mounted flat against the wall of the principal
building.
{4} The size of the sign may not exceed one hundred
fifty (ISO) square feet.
(5) There are no minimum yard setbacks.
(6) The maximum height is forty-five feet (45').
CR, NC, and GC Districts
{I} One (1) freestanding advertising sign shall be
permitted for each side of a commercial
establishment which fronts on a developed right-of-
way.
(2) The following size limitations apply:
{a} Free standing signs for single tenant
buildings - 150 square feet.
{b} Free standing signs for single tenant
buildings in a controlled access corridor -
300 square feet.
(c) Free standing signs for multi-tenant buildings
- 350 square feet.
(3) The following minimum yard setbacks apply:
{a} When not adjacent to residentially zoned
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property, there are no minimum setbacks.
(b) When adjacent to residentially zoned property,
there are minimum side and rear yard setbacks
of five feet {5'}.
{4} The following height limitations apply:
{a} Free standing signs - 45 feet.
{b} Free standing signs in a controlled access
corridor - 65 feet.
D. BI, LI, and HI Districts
{I} One {I} free standing advertising sign shall be
permitted for each side of a commercial
establishment which fronts a developed right-of-
way.
{2} The following size limitations apply:
{a} Free standing signs for single tenant
buildings - 150 square feet.
{b} Free standing signs for single tenant
"l buildings in controlled access corridors - 300
square feet.
{c} Free standing signs for multi-tenant buildings
- 350 square feet.
{3} The following minimum yard setbacks apply:
{a} When not adjacent to residentially zoned
property, there are no minimum setbacks.
(b) When adjacent to residentially zoned property,
there are minimum side and rear setbacks of
five feet {5'}.
(4) The following height limitations apply:
(a) Free standing signs - 45 feet.
{b} Free standing signs in controlled access
corridors - 65 feet.
2.
Attached On Premise Signs
A. General Provisions
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(I) One attached sign per building wall may be
displayed for each occupant or use on the premises.
(2) These regulations do not apply to building
addresses or supplemental signs for the purpose of
identifying the apartment buildings or units.
B. R-1, R-2, and MH Districts
{I} The size of the sign may not exceed three (3)
square feet.
(2) No portion of the sign may have a luminous greater
than 200 foot candles and may not move, flash,
rotate or change illumination.
C. R-3, CR, NC, GC, BI, LI, and HI Districts
(I) The cumulative size of the. signs, may not exceed
fifteen (IS) percent of the wall area.
(2) If located closer than 50 feet to an R-1, R-2, or
MH District, the sign may not flash and must be
designed so that is does not shine or reflect light
into adjacent residences.
{3} One attached canopy sign may be displayed. Such
sign shall not exceed thirty {30} percent of the
canopy area. Such sign must be contained within
the physical limits of the canopy and shall not
extend above or below the canopy.
Section 10 - 1005 Off Premise Siqns
1. Off premise free standing advertising signs may be erected in
the BI, LI, and HI Zoning Districts.
2. Off premise freestanding public service signs may be erected
in the GC, BI, LI, and HI Zoning Districts.
3. All off premise signs shall be constructed with a single steel
support pole.
4. The following size limitations shall apply to all off premise
free standing signs:
A. In controlled access corridors, the size limitations
shall be set by the Texas Highway Beautification Act.
B. On all other streets, the maximum size shall be three
hundred {300} square feet and may not have more than two
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{2} sign faces.
5. An off premise sign must be located at least fifty (50) feet
from an existing freestanding on premise sign.
6. Off premise signs, when illuminated, must be constructed with
upward shielded directional illumination.
7. The following height limitations shall apply:
A. Off premise public service signs - IS feet.
B. Off premise advertising signs - 45 feet.
S. All off premise freestanding advertising signs shall be spaced
in intervals of not less than one thousand (1,000) feet.
Section 10 - 1006
Subdivision Marketing Siqns
1. For the purpose of marketing a recorded subdivision, one {I}
on premise freestanding sign of not more than one hundred
fifty {ISO} square feet for each road abutting the respective
subdivision shall be permitted, provided that such sign shall
not be placed within any required yard nor within twenty-five
(25) feet of any property line abutting a street or road
right-of-way, and further provided that such sign shall not
exceed twenty (20) feet in height.
2. For the purpose of marketing a recorded subdivision, one {I}
off premise sign of not more than one hundred fifty (ISO)
square feet may be permitted for each recorded subdivision in
any zoning district. Such sign shall not be placed within
twenty-five {25} feet of any property line and shall not
exceed twenty {20} feet in height. The permit for such sign
shall expire, unless renewed, two (2) years after the date of
issuance of such permit, and provided that each request for
permit shall be accompanied by a license and permit fee posted
by the respective sign hanger in the amount of three hundred
dollars (300.00) for the purpose of ensuring proper location,
maintenance, and removal of the respective sign.
Section 10 - 1007 Permits
1. Any person desiring to erect or place a free standing,
attached or portable sign on any property shall first apply to
the Building Official for a permit. Permits are not required
for signs less than five {5} square feet in area.
2. Any person applying to erect or place a free standing sign on
any property shall submit to the Building Official the
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following information:
A. A survey of the property which indicates the proposed
sign location.
B. An engineered design for signs greater than S feet in
height.
C. A design of the sign and its support member for signs
less than 8 feet in height.
3. Permit fees shall be in accordance with the current City of La
Porte Fee Schedule Ordinance.
Section 10 - 100S Enforcement
1. Any violation of this Section shall be subject to the
penalties provided in Section 11-700 of this Ordinance.
ARTICLE ELEVEN - ADMINISTRATION AND ENFORCEMENT
Section 11 - 100
Enforcement
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11 - 101 Completion Under Prior Regulations
1. Nothing herein shall require any change in the plans,
construction or designated use of a building for which a legal
building permit has been issued prior to adoption, provided
such construction shall have been started within six (6)
months following the date of issuance of such permit and work
thereon is diligently prosecuted to completion.
2. Work authorized through issuance of previous building permits
shall have begun within six (6) months following the adoption
of this Ordinance or the permit shall be declared null and
void.
11 - 102 Completion Under Ordinance
1. If the work described in any building permit which complies
with this Ordinance has not begun within six {6} months from
the date of issuance thereof, said permit shall expire; it
shall be cancelled by the Enforcing Officer, and written
notice thereof shall be given to the persons affected.
2. If the work described in any building permit issued under the
provisions of this Ordinance has not been commenced within six
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(6) months, or if construction or work is suspended or
abandoned for a period of six {6} months at any time after
work is commenced, said permits shall expire and be cancelled
by the Enforcing Officer. Written notice thereof shall be
given to the persons affected, together with notice that
further work as described in the cancelled permit shall not
proceed unless and; until a new building permit has been
obtained.
11 - 103 Enforcement Officer
1. Except as otherwise provided in this Ordinance, the designated
enforcement officer for the City of La Porte shall administer
and enforce this Ordinance, the inspection of premises as
defined by this Ordinance and as specified in Section 11-300,
and the issuing of situations for violations.
2 . No certificate of occupancy shall be issued by the enforcement
officer unless the provisions of this Ordinance have been
complied with.
3. No person shall erect or construct or proceed with the
erection or construction of any building or structure nor add
to, enlarge, move, improve, alter, repair, convert, extend or
demolish any building or structure or cause the same to be
done in any zoned district ~ithin the City of La Porte without
first applying for and obtaining a building permit therefore
from the Chief Building Official.
All applications for such permits shall be in accordance with
the requirements of this Ordinance, the Development Ordinance
of the City of La Porte, and the Building Code of the City of
La Porte, except upon written order of the Board of
Adjustment, no such building permit or zoning permit shall be
issued for any building where such construction, addition,
al teration or use thereof would be in violation of the
provisions of this Ordinance.
Section 11 - 104
Powers and Duties of the Enforcement Officer
1. The enforcement officer shall order work stopped on any
building or structure being constructed in violation of this
Ordinance and shall have revoked the building permit
theretofore issued by notice in writing served on any person
owning such property or their agent or any employee, or any
officer of any corporation or on any person engaged in the
doing or causing of such work to be done, and any such person
shall forthwith stop and cause to be stopped such work until
authorized by the enforcement officer to recommence and
proceed with the work or upon issuance of a building permit
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shall be posted on work being done in violation of this
Ordinance.
2. Whenever any building or portion thereof is being used or
occupied contrary to the provisions of this Ordinance, the
Enforcement Officer shall order such use or occupancy to be
discontinued, and such person shall vacate such building or
portion thereof within ten (10) days after receipt of such
notice or make the building or portion thereof comply with the
requirements of this Ordinance. Any violation of this
provision is subject to a daily penalty as specified in
Section 11-700 of this Ordinance.
Section 11 - 200
Building Permit Application
Every application for a building permit shall be accompanied by a
certified site plan in accordance with the terms of the Development
Ordinance of the City of La Porte, together with such other copies
as the Enforcing Officer may require for City review, showing the
lot lines, subdivision name and the lot and block numbers, the
location of the building on the lot, accurate dimensions of
building and lot, and such other information as may be necessary to
provide for the enforcement of Zoning Regulations. This plan shall
be prepared after the lot has been staked by a licensed surveyor.
A record of the original copy of such application and plans shall
be kept in the office of the Enforcing Officer and a duplicate copy
of the approved plan shall be at the building at all times during
construction.
Section 11 - 300 Zoning Permits
In order to ensure that all new construction and the use of all
existing and new structures and the use of land shall comply with
the terms of these regulations, a Zoning Permit shall be required
in accordance with the rules below.
11 -301
Application for Zoning Permit
An application for a Zoning Permit shall be filed in the office of
the Enforcing Officer on forms provided by the Enforcing Officer.
Upon approval, a Zoning Permit shall be issued stating that the
building or proposed use of a building or premises complies with
the provisions of this Ordinance. A permanent record of all such
permits shall be kept on file in the office of the Enforcing
Officer, and copies shall be furnished, on request, to any person
having proprietary or tenancy interest in the building affected.
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11 - 302 Zoning Permit to Establish New Use or Change of Use of
Property
No vacant land shall be occupied or used, except for agricultural
purposes, and no building hereafter erected, reconstructed,
altered, or enlarged, shall be occupied or used nor shall any
building have a change in its use or occupancy until a Zoning
Permit shall have been issued by the Enforcing Officer stating that
the building or proposed use of the building or premises complies
with the provisions of this Ordinance.
11 - 303 Zoning Permit and Buildinq Permit
A Zoning Permit shall be applied for coincident with the
application for Building Permit; it shall be issued within ten (10)
days after the erection, addition, or alteration of such building
or use has been completed in conformity with the provisions hereof,
as determined by a final inspection. The Enforcement Officer shall
not issue a Zoning Permit for any use or structure not in
conformance with this ordinance or any other ordinance of the City
in accordance with state law.
11 - 304 Zoning Permit for Non-Conforming Uses. Lots and
Structures
A Zoning Permit shall not be required but may be applied for and
shall be issued for non-conforming uses, lots, or structures.
However, in the event of any subsequent application or building
permit or of any change in occupancy the Enforcing Officer may
require other evidence that the non-conforming use, lot, or
structure legally existed prior to the effective date such property
became subject to the terms of these regulations.
11 - 305 Certificate of Existing Conforming Uses
A Zoning Permit shall not be required but may be applied for and
shall be issued for any existing use of land or structure which
conforms to the requirements of these regulations.
11 - 306 Utility Connections - Prior Zoning Permit Approval Reauired
For all new construction and the use of all existing and new
structures, no public utilities under the City of La Porte's
direction and control shall be connected to said building or
structure until the Zoning Permit approval required by this
Ordinance has been granted.
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11 - 400 Ap~lication Fees
All written requests shall be accompanied by a filing fee
sufficient to offset all costs of publication and notice required
by statute or ordinance but in no event le$s than the following:
Zone Change Request ......... . . . . . . . . . . . . . . .. $
Special Conditional Use Request ........ ......
Variance Request .............................
Special Exception Request ....................
100.00
100.00
100.00
50.00
11 - 500 City Planning and Zoning Commission
The City Planning and Zoning Commission, created in accordance with
Ordinance No. 6S1, dated June 17, 1963, of the City of La Porte, and
authorized by the City Charter, Section 2.09 [e-j] and 2.10 [c], shall
have the duties and responsibilities of the Zoning Commission provided
for in Vernon's Texas Codes Annotated, Local Government Code, Section
211.007.
11 - 501 Membershi9 and Structure
The City Planning and Zoning Commission shall consist of seven (7)
members who are resident citizens and qualified voters of the City.
The members of the City Planning and Zoning Commission shall be
appointed by the City Council for two (2) year terms or until a
successor is appointed. Vacancies shall be filled 'for the
unexpired term of any member whose position becomes vacant for any
cause in the same manner as the original appointment was made.
11 - 502 General Proceedinqs
The City Planning and zoning Commission shall adopt rules,
regulations and by-laws to govern its proceedings; provided that
such rules shall not be inconsistent with this Section or the laws
of the State of Texas. All meetings of the City Planning and
Zoning Commission shall be open to the public. Four {4} members of
the City Planning and Zoning Commission shall constitute a quorum
for the transaction of business.
11 - 503 General Powers and Duties
The City Planning and Zoning Commission shall have the following
power and duties:
1. To cause studies to be made by City Staff or other
professionals which project plans for the improvement of the
City, with a view toward its future development and extension,
and to recommend to the City Council all matters for the
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development and advancement of the City's facilities, layout
and appearance, and to perform all duties imposed on the City
Planning and Zoning Commission by the statutes of the State.
2.
TO have plans and maps prepared by City Staff or other
professionals of the whole or any portion of the City and of
land outside the City located within the extra territorial
jurisdiction of the City of La Porte, which, in the opinion of
the City Planning and Zoning Commission bears a relation to
the planning of the City and to make changes in, additions to,
and extensions of such plans or maps when it deems advisable.
3 .
To confer with and advise property owners pertaining to
location and erection of structures in order to promote
conformity to the overall City of La Porte Comprehensive Plan.
To aid and assist the City Council and City Staff in the
determination of sources of funds, and in the procuring of
financial and other aid and assistance for the City from the
State and Federal Governments their agencies, for each and all
of the purposes herein enumerated.
To assist all other municipal and governmental agencies, and
especially the City Council, in formulating and executing
proper plans of municipal development.
4.
5.
6.
To review and modify plans and recommend the location, plan,
and extent of City alleyways, bridges, parkways, parks,
playgrounds, airports, automobile parking 'places and other
public properties, and of public utilities, including bus
terminals, railroads, railroad depots, and terminals, whether
publicly or privately owned, for water, lights, sanitation,
sewage, sewage disposal, drainage, flood control,
transportation, communication, marketing and shipping
facilities, power and other purposes, and for the removal,
relocation, widening, extension, narrowing, vacation,
abandonment or change of use of any of the foregoing public
places~ works, buildings, facilities or utilities.
To select and recommend to the City Council, based on reports
from City Staff routes or streets, avenues, and thoroughfares,
and particularly to investigate and recommend the opening,
widening, or abandonment of streets, avenues, thoroughfares,
and alleys or the changing thereof to conform with the City's
system, present and future, of thoroughfares, streets,
avenues, alleyways, park and parkways.
To investigate, consider and report to the City Council upon
the layout or platting of new subdivisions and developments of
the City or of property situated within the extra-territorial
jurisdiction of the City of La Porte and to approve all plan,
plats, or replats of additions within the City limits, or with
7.
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the extraterritorial jurisdiction of the City of La Porte.
9. To recommend to the City Council the approval or rejection of
subdivisions or developments in accordance with the
subdivision ordinances of the City of La Porte.
11 - 504 Regular Ordinance Review
The Planning and Zoning Commission is to conduct a regular
comprehensive review of this Ordinance, together with the
Development Ordinance of the City of La Porte, the first review
being six (6) months from the date of adoption of this Ordinance,
the second twelve (12) months from the date of adoption, and
thereafter an annual review to determine whether the Ordinance has
become deficient, obsolete, and inadequate for any reason including
the following:
1. Defects in the original text.
2. Defects in the zoning map.
3. Deficiencies created by improper or lax administration and
subsequent amendments to the original ordinance which are
inconsistent, conflicting or ambiguous.
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4. Inconsistency with State Statutes or judicial decisions.
11 - 505 Hearing
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.
All hearings on requests for amendments, changes in classification
and review as above set out shall be public hearings and shall
conform to the notice requirements of Vernon's Texas Codes
Annotated, Local Government Code, Section 211.007 and shall be
conducted within thirty {30} days after receipt of the request.
To recommend any change or modification to the City Council which
shall have the right to adopt by Ordinance any recommended change.
11 - 506 Special Conditional Use Procedures
1. Any use requiring a special conditional use permit as
established in Section 500 through 900 shall be reviewed by
the City Planning and Zoning Commission.
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2. The City Planning and Zoning Commission shall:
a. Hear requests for proposed special conditional uses filed by
any interested party when such request is made in writing,
conforming to the requirements of Section 10-200, and
accompanied by a filing fee.
b. All hearings on such requests shall conform to the public
hearing procedures established for Amendments under Section
11-507 of this Ordinance and in conformance with Vernon's
Texas Codes Annotated, Local Government Code, Section 211.007,
and shall be conducted within thirty {30} days after receipt
of the request.
11 - 507 Amendment Procedures
The City Council may from time to time, on its own motion, the
motion of the Planning & Zoning Commission, or on petition, amend,
supplement, change, modify or repeal the regulations, restrictions,
and boundaries herein established.
1. Public Hearing before the City Planninq and Zoning Commission
Before taking any action on any proposed amendment,
supplement, change, or modification, the City Council shall
submit the same to the Cit~ Planning and Zoning Commission
which shall make a preliminary report and hold a public
hearing thereon before submitting its final report to the City
Council.
2. Notice of Public Hearing before City Planninq and Zoning
Commission
Written notice of all public hearings before the City Planning
and Zoning Commission on proposed changes in classification
shall be sent to owners of real property lying within two
hundred feet (200') of the property on which the change in
classification is proposed, such notice to be given not less
than ten (10) days before the date set for hearing, to all
owners who have rendered their said property for City taxes as
the ownership appears on the last approved City tax roll.
Such notice may be served by depositing the same, properly
addressed and postage paid, in the City Post Office. At least
fifteen (IS) days notice of the time and place of such hearing
shall be published once in a newspaper of general circulation
in the City of La Porte.
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
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7.
4.
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.
The City Planning and Zoning Commission shall forward its
written findings of fact and recommendations to City Council
within fifteen (IS) days of the close of the hearings.
5.
Public Hearing 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 (IS) 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.
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
feet (200') from that area.
Such amendment, supplement, change, modification, or repeal
shall not become effective except by the favorable vote of
three-fourths {3/4} of all the members of the City Council.
Streets and alleys shall be included when computing the area
of land from which a protest may be filed.
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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 Adjustment
11 - 601 Organization
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 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 filled for the unexpired term of any member whose
term becomes vacant for any cause, in the same manner as the original
appointment was made. All cases to be heard by the Board of Adjustmen~
will always be heard by a minimum number of four {4} members.
11 - 602 Rules and Meetings
The Board of Adjustment shall adopt rules of procedure in
accordance with the provisions of this Ordinance. Meetings of the
Board of Adjustment shall be held at the call of the chairman and
,) at such other times as at least four {4} members of the Board of
Adjustment may determine. Such chairman, or in his absence the
acting chairman, may administer oaths and compel the attendance of
witnesses. All meetings of the Board of 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.
2. To hear and decide special exceptions to the terms of this
Ordinance upon which it is required to pass under Section
11-605 of this Ordinance.
3. To authorize upon appeal in specific cases such variance as
defined in Section 11-606 from the terms of the Ordinance, as
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will not be contrary to the public interest, where, owing to
special conditions, a literal enforcement of the provisions of
the Ordinance will result in unnecessary hardship, and so that
the spirit of the Ordinance shall be observed.
11 - 604 Appeals to Board of Adjustment
Appeals to the Board of Adjustment may be taken by any person
aggrieved or by any officer, department or board, of the City of La
Porte affected by any decision of the enforcement officer. Such
appeal shall be taken within thirty (30) days as provided by the
rules of procedure of the Board of Adjustment, by filing with the
enforcement officer from whom the appeal is taken specifying the
grounds thereof. The enforcement officer from whom the appeal is
taken shall forthwith transmit to the Board of Adjustment all
papers constituting the record upon which the action appealed from
was taken.
1. When Appeals Stay all Proceedings
An appeal stays all proceedings in furtherance of the action
appealed from, unless the enforcement officer from whom the
appeal is taken certifies to the Board of Adjustment after
notice of appeal shall have been filed with him that by reason
of facts stated in the certificate a stay would, in his
opinion, cause immediate peril to life or property. In such
case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of,
Adjustment or by a court of record on application on notice of
the enforcement officer from whom the appeal is taken and on
due cause shown.
2. Time for and Notice of Hearing of Apgeal
The Board of Adjustment shall fix a reasonable time for the
hearing of the appeal, give public notice thereof, as well as
due notice to the parties in interest, and decide the same
wi thin a reasonable time. Upon the hearing any party may
appear in person or by agent or attorney.
3. Action on Appeal
In exercising the powers set forth in Section 11-603, the
Board of Adjustment may, in conformity with the provisions of
this Ordinance, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, or determination as
ought to be made, and to that end shall have all the powers of
the enforcement officer from whom the appeal is taken.
The Board must find the following in order to grant an appeal:
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11 - 605
a. That there is a reasonable difference of interpretation
as to the specific intent of the zoning regulations or
zoning map, provided the interruption of the enforcement
officer is a reasonable presumption and the zoning
ordinance is unreasonable.
b. That the resulting interpretation will not grant a
special privilege to one property inconsistent with other
properties or uses similarly situated.
c. The decision of the Board must be in the best interest of
the community and consistent with the spirit and interest
of the City's zoning laws and the Comprehensive Plan of
the City of La Porte.
1.
Special Exc~ptions
Application for Special Exceptions
All applications for special exception to the terms of this
Ordinance shall be in writing and shall specify the facts
involved, the relief desired, and the grounds therefor. Each
such application shall be filed, 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 ten (10) days after the filing
of the application with the enforcement officer.
Special Exceptions to be Reviewed/Finding of Facts
2.
The term "special exception" shall mean a deviation from the
requirements of the Zoning Ordinance, specifically enumerated
herein, which shall be granted only in the following
instances, and then only when the Board finds that such
special exception will not adversely affect the value and use
of adjacent or neighboring property or be contrary to the best
public interest:
a. To reconstruct, enlarge or extend a building occupied by
a non-conforming use on the lot or tract occupied by such
building, provided that the reconstruction, extension, or
enlargement does not prevent the return of the property
to a conforming use.
b.
To deviate yard requirements
circumstances:
following
in the
1. Any exception from the front yard requirements
where the actual front yard setback of any abutting
lot does not meet the front yard requirement.
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11 - 606
2.
2 . A rear yard exception where the actual rear yard
setback of any four (4) or more lots in the same
block does not meet the rear yard requirements of
these regulations.
3. A yard exception on corner lots.
4. An exception where the existing front yard setbacks
of the various lots in the same block are not
uniform, so that anyone of the existing front yard
setbacks shall, for buildings hereafter constructed
or extended, be the required minimum front yard
depth.
C. To waive or reduce off-street parking and loading
requirements when the Board finds the same are
unnecessary for the proposed use of the building or
structure for which the special exception request
applies.
3.
Hearings on Applications for Special Exceptions
The Board of Adjustment shall fix a reasonable time for the
hearing of all applications for special exceptions , 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 11-608 of this Ordinance. Upon the
hearing any party may appear in person or by agent or by
attorney.
Variance
1.
Application for Variances
All applications for a variance from the terms of this
Ordinance 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 ten
(10) days after the filing of the application with the
enforcement officer.
Findings of Fact/Definition of Hardship
a. The term "variance II shall mean a deviation from the
literal provisions of the Zoning Ordinance which is
granted by the Board when strict conformity to the Zoning
Ordinance would cause an unnecessary hardship because of
the circumstances unique to the property on which the
variance is granted.
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b. Except as otherwise prohibited, the Board is empowered to
authorize a variance from a requirement of the Zoning
Ordinance when the Board finds that all of the following
conditions have been met:
1. That the granting of the variance will not be
contrary to the public interest.
2. That literal enforcement of the Ordinance 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, financial considerations or caprice,
and the hardship must not result from the applicant
or property owner's own actions; and
3. That by granting the variance, the spirit of the
Ordinance will be observed.
c. The applicant shall have the burden of proving to the
Board that the foregoing conditions have been met.
3.
Use Variance Prohibited
1
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No variance shall be granted to permi t a use in a zoning
district in which that use is prohibited.
4. 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 11-608 of this Ordinance. Upon the hearing any party
may appear in person or by agent or by attorney.
11 - 607 Additional Conditions
The Board is empowered to impose upon any variance or special
exception any condition reasonably necessary to protect the public
interest and community welfare.
11 - 60S Notice of Public Hearings before the Board of Adjustment
The notice of public hearings provided for in this Section shall be
given by publication once in a newspaper of general circulation in
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the City of La Porte stating the time and place of such hearings,
which shall not be earlier than ten {10} days from the date of such
publication, and in addition thereto, the Board of Adjustment shall
mail notices of such hearing to the petitioner and to all owners of
property lying within two hundred feet (200') of any point of the
lot or portion thereof, on which a special exception or variance is
desired, and to all other persons deemed by the Board of Adjustment
to be affected thereby; such owners and persons shall be determined
according to the last approved tax roll of the City of La Porte.
Such notice may be served by depositing addressed and postage paid,
in the City Post Office.
11 - 609 Vote Necessary for Decision of Board of Adjustment
The concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision, or
determination of the enforcement officer or to decide in favor of
the applicant on any matter upon which it is required to pass under
this Ordinance, or to effect any variance in this Ordinance.
11 - 610 Appeals from the Board of Adjustment
Any person or persons, jointly or severally, aggrieved by any
decision of the Board of Adjustment, or any taxpayer, or any
officer, department, board",lor bureau of the City of La Porte may
present to a court of record a petition for a writ of certiorari,
as provided by Vernon's Texas Codes Annotated, Local Government
Code, Section 211.011, duly verified, setting forth that such
decision is illegal, in whole or in part, specifying the grounds of
the illegality. Such petition shall be presented to the court
within ten {10} days after the filing of the decision in the office
of the Board of Adjustment.
11 - 611 Revocation or Modification
The board shall only consider a revocation or modification based on
a written report from the enforcement officer stating findings of
fact. A variance or special exception may be revoked or modified
for any of the following reasons:
a. That a variance or special exception was obtained or extended
by fraud or deception.
b. That one {I} or more of the conditions imposed by the Board in
granting such variance or special exception has not been
complied with or has been violated.
As required in Section 11-609, four (4) concurring votes are
necessary for revocation or modification.
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11 - 612 Reap~lication
No application for a variance, special exception, or appeal which
has been denied shall be filed again earlier than one {I} year from
the date of original denial.
11 - 613 Validity
If an application is granted by the Board, all permits necessary
for the prosecution of the work must be obtained within ninety {90}
days and construction completed within the time established by the
Building Code. All previous applications approved by the Board for
which building permits have not been issued shall be valid only if
a building permit is obtained within ninety (90) days after receipt
of a written notice of the requirements of this section and
construction must be completed within the time limits set forth in
the Building Code. Written notice shall be considered received on
the date such notice is mailed to the person, firm or the address
of such person, firm or corporation as the same shall appear in the
records of the City Secretary relating to the granting of such
application.
11 - 700 Penalties for Violations
1. Any person, firm or .,1 corporation in violation of any of the
provisions of this Ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in a
sum not more than One Thousand and No/IOO Dollars {$1, 000. OO} .
Each day such violation continues shall constitute a separate
offense.
2. In case any building or structure erected, constructed,
reconstructed, altered, repaired, converted or maintained, or
any building, structure, or land is used in violation of the
general law or the terms of this Ordinance, the City of La
Porte, in addition to imposing the penalty above provided, may
institute any appropriate action or proceedings in court to
prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use, to
lJesupamny ocDrSBCh ovrl.NibA'tilll'lII:iucdr ~lpDt.ei.~t otrl1d!.oopa:'&paIlcytbe
such building, structure or land, to prevent the illegal act,
conduct, business or use, in or about such land; and the
definition of any violation of the terms of this Ordinance as
a misdemeanor, shall not preclude the City of La Porte from
revoking the civil remedies given it by law in such cases,
including collection or reasonable attorney fees and court
costs, but same shall be cumulative of and in addition to the
penalties prescribed for such violation.
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11 - SOO Saving Clause
All rights or remedies of the City of La Porte, Texas, are
expressly saved as to any and all violations of any Zoning
Ordinance or amendments thereto, of said City of La Porte, that
have accrued at the time of the effective date of this Ordinance;
and as to such accrued violation, the court shall have all the
powers that existed prior to the effective date of this Ordinance;
and as to such accrued violation, the court shall have all the
powers that existed prior to the effective date of this Ordinance;
and that all existing violations of previous zoning ordinances
which would otherwise become non-conforming uses under this
Ordinance but shall be considered as violations of this Ordinance
in the same manner that they were violations of prior zoning
ordinances of said City of La Porte.
11 - 900 Invalidity of a Part
If any section, sub-section, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this
Ordinance.
11 - 1000 Repeal
All ordinances or parts of ordinances in conflict with any of the
provisions of this Ordinance are hereby repealed insofar as the
same are in conflict with the provisions hereof.
11 - 1100 Effective Date
This Ordinance and accompanying Zoning Map in file in the office of
the City Secretary, shall be in full force and effect from and
after publication in the official newspaper of the City of
La Porte, Texas, as required by the City Chapter. The City
Secretary is authorized to publish only the descriptive caption of
this Ordinance to comply with the City Charter requirements.
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