HomeMy WebLinkAboutO-1991-1501-N
.
.
ORDINANCE NO. 1501-N
AN ORDINANCE AMENDING ORDINANCE NO. 1501, THE CITY OF LA PORTE
ZONING ORDINANCE, ARTICLE III, SECTION 3-100; ARTICLE IV, SECTION
4-400; ARTICLE V, SECTION 5-701, SECTION 5-800; ARTICLE VI,
SECTION 6-400 & SECTION 6-600; ARTICLE X, SECTION 10-300, SECTION
10-304, SECTION 10-401, SECTION 10-500 & SECTION 10-1000;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION
BE FINED A SUM OF NOT MORE THAN ONE THOUSAND DOLLARS ($1,000.00)
FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte
hereby finds, determines and declares that heretofore, to-wit, on
the 17th day of October, 1991, at 7:00 p.m. a public hearing was
held before the Planning and Zoning Commission of the City of La
Porte, Texas, pursuant to 'due notice, to consider the question of
the possible amendment of the Zoning Ordinance as
herein
described.
There is attached to this Ordinance as Exhibit "A",
and incorporated by reference herein and made a part hereof for
all purposes, the pUblisher's affidavit of publication of notice
of said hearing.
Section 2. Subsequent to such public hearing, the City
of La Porte Planning and Zoning Commission met in regular session
on October 17, 1991 at 7:00 p.m., to consider the Ordinance
amendments which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning
Commission, by letter dated October 29, 1991, a true copy of
which letter is attached hereto as Exhibit "B", and incorporated
by reference herein, and made part hereof for all purposes.
Section 3.
The City Council of the City of La Porte
hereby finds, determines and declares that on the 09th day of
December, 1991, a public hearing was held before the City Council
of the City of La Porte, Texas, pursuant to due notice, to
consider the recommendation of the City of La Porte Planning and
Zoning Commission.
There is attached to this OrdInance as
Exhibit "C", and incorporated by reference herein and made a part
,
.
Ordinance 1501-N Page 2
hereof for all purposes, the publisher's affidavit of publication
of notice of said public hearing for the City Council of the City
of La Porte.
Section 4. The City Council of the City of La Porte
hereby finds, determines and declares that all prerequisites of
law have been satisfied, and hereby determines and declares that
the amendments to the City of La Porte Ordinance No. 1501, the
Zoning Ordinance of the City of La Porte, are desirable and in
furtherance of the goals and objectives stated in the City of La
Porte's comprehensive plan.
Section 5. Article III, Section 3-100 of the Zoning
Ordinance of the City of La Porte is hereby amended by adding a
new definition of "Carport", as set out in boldface type on Page
8 of Exhibit "0" of the "Planning and Zoning Commission
Recommendations, 1991 Annual Review, Zoning Ordinance No. 1501",
which is attached hereto and is fully incorporated by reference
herein.
Section 6. Article IV, Section 4-400 of the Zoning
Ordinance of the City of La Porte is hereby amended by striking
the word "may", and inserting in its place the word "shall" as
set forth in boldface type on Page 27 of Exhibit "0" of the
"Planning and Zoning Commission Recommendations, 1991 Annual
Review, Zoning Ordinance No. 1501", which is attached hereto and
is fully incorporated by reference herein.
Section 7. Article V, Section 5-701 of the Zoning
Ordinance of the City of La Porte is hereby amended by adding
language relative to setbacks adjacent to utility easements as
set forth in boldface type on Page 37 of Exhibit "0" of the
"Planning and Zoning Commission Recommendations, 1991 Annual
Review, Zoning Ordinance No. 1501", which is attached hereto and
is fully incorporated by reference herein.
.
.
Ordinance 1501-N, Page 3
Section 8. Article V, Section 5-800 of the Zoning
Ordinance of the City of La Porte is hereby amended by removing
language requiring a "solid landscape screen" and replacing said
language with the language contained on Page 38 of Exhibit "0" of
the "Planning and Zoning Commission Recommendations, 1991 Annual
Review, Zoning Ordinance No. 1501", which is attached hereto and
is fully incorporated by reference herein, providing for flexible
landscape standards.
Section 9. Article VI, Section 6-400 of the Zoning
Ordinance of the City of La Porte is hereby amended by altering,
and/or adding "Antique and Used Merchandise Stores", "Arrangement
for Shipping and Transport", and "Dog Grooming" uses in the
commercial use table, as more particularly set forth on Pages 44
and 45 of Exhibit "0" of the "Planning and Zoning Commission
Recommendations, 1991 Annual Review, Zoning Ordinance No. 1501",
which is attached hereto and is fully incorporated by reference
herein.
Section 10. Article VI, Section 6-600 of the Zoning
Ordinance of the City of La Porte is hereby amended by adding
Conditional Use Standards relating to Dog Grooming and Shipping
and Transport, as set forth in boldface type on Page 53 of the
"Planning and Zoning Commission Recommendations, 1991 Annual
Review, Zoning Ordinance No. 1501", which is attached hereto and
is fully incorporated by reference herein.
Section 11. Article X, Section 10-300 of the Zoning
Ordinance of the City of La Porte is hereby amended by deleting
reference to "carport" in said Section 10-300 (1), as more
particularly set forth on Page 77 of the "Planning and Zoning
Commission Recommendations, 1991 Annual Review, Zoning Ordinance
No. 1501", which is attached hereto and is fully incorporated by
reference herein.
.
.
Ordinance 1501-N, Page 4
Section' 12. Article X, Section 10-300 (5) of the
Zoning Ordinance of the City of La Porte relating to "Large Lot
Residential accessory buildings" is hereby amended to provide
accessory buildings with a floor area in excess of 1000 square
feet must be located at least 30' from any property line and 30'
behind the rear of the primary structure, as more particularly
set forth in boldface type on Page 78 of the "Planning and Zoning
Commission Recommendations, 1991 Annual Review, Zoning Ordinance
No. 1501", which is attached hereto and is fully incorporated by
reference herein.
Section 13. Article X, Section 10-304 of the Zoning
Ordinance of the City of La Porte is hereby amended by deleting
reference to a specific edition of the Southern Building Code
Congress International Standard Swimming Pool Code, and replacing
it with a general reference to the currently adopted edition of
the Standard Swimming Pool Code, as more particularly set forth
in boldface type on Page 80 of Exhibit "0" of the "Planning and
Zoning Commission Recommendations, 1991 Annual Review, Zoning
Ordinance No. 1501", which is attached hereto and is fully
incorporated by reference herein.
Section 14. A new section, Article X, Section 10-401
(4) has been added to the Zoning Ordinance of the City of La
Porte, entitled "Front and Side-Yard Carports", providing for
front and side-yard carports, according to the restrictions
placed in said Section 10-401 (4), as more particularly set forth
in boldface type on Page 81 of Exhibit "D" of the "Planning and
Zoning Commission Recommendations, 1991 Annual Review, Zoning
Ordinance No. 1501", which is attached hereto and is fully
incorporated by reference herein.
.
.
Ordinance 1501-N, Page 5
Section 15. Article X,
Ordinance of the City of La Porte
Section 10-507 of the Zoning
is hereby amended by adding a
reference to fences in commercial zones, as indicated in boldface
type on Page 83 of Exhibit "D" of the "Planning and Zoning
Commission Recommendations, 1991 Annual Review, Zoning Ordinance
No. 1501", which is attached hereto and is fully incorporated by
reference herein.
Section 16. Article X, Section 10-1004 of the Zoning
Ordinance of the City of La Porte is hereby amended by adding
language restricting the placement of any free-standing public
service or advertising signs into any utility easement in
residential, commercial, and industrial zones, as indicated in
boldface type on Pages 104, 105, 106, 107, and 108 of Exhibit "D"
of the "Planning and Zoning Commission Recommendations, 1991
Annual Review, Zoning Ordinance No. 1501", which is attached
hereto and is fully incorporated by reference herein.
Section 17. Any person, as defined in Section 1.02(27)
Texas Penal Code, who shall violate any provision of this
ordinance, shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine not to exceed One Thousand
Dollars ($1,000.00). Each day a violation of this ordinance
shall continue shall constitute a separate violation.
Section 18. If any section, sentence, phrase, clause,
or any part of any section, sentence, phrase, or clause, of this
Ordinance shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ordinance, it is
hereby declared to be the intention of the City Council to have
passed each section, sentence, phrase, or clause, or part
thereof, irrespective of the fact that any other section,
sentence, phrase, or clause, or part thereof, may be declared
invalid.
.
.
Ordinance 1501-N, Page 6
Section 19.
The City Council
officially finds,
determines, recites and declares that a sufficient written notice
of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the
City Hall of the city for the time required by law preceding this
meeting, as required by the Open Meetings Law, Article 6252-17,
Texas Revised Civil Statutes Annotated; and that this meeting has
been open to the public as required by law at all times during
which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and
the contents and posting thereof.
Section 20.
This Ordinance shall become effective
fourteen (14) days after its passage and approval.
The City
Secretary shall give notice to the passage of the ordinance by
causing the caption to be published in the official newspaper of
the City of La Porte at least twice within ten (10) days after
the passage of the Ordinance.
(\ .I cr\~ n
PASSED AND APPROVED THIS ~ DAY OF ~
1991.
CITY OF LA PORTE
By: J:1~d/ ~ ./
L{~RMAN M'ALONE, 'a or
ATTEST:
~ L-~...-I1D
CHERIE BLACK, City Secretary
By:
1200 Hwy. 146
Suite 180
P.O. Box 1414
... .
.
La Porte; Texas 77571
(713) 471-1234
;.
.
TheB
re Sun
County of Harris
State of Texas
..
Before me, the undersign~d authority, on this date
. came and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly n~w~paper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of ~~R 29, 1991
~~.~
Sandra E. Bumgarner
'Office Manager
Sworn and subscribed before me this ~ day of <yJ ~
A.D. 19~. ~
<=- ~h, d~
Notar Public
Harris County, Texas
FRANCES M. WILLIAMS
NolIIy Public
STAll Of TEXAS
II, CoaL bp..IIIrdI2I.l!IM
~HIBIT A
..:- .
EXHIBIT A
..
5. Sec:Iion '10:-1000. Prohibit Enc:raac:h-.
men! C?f Signs inID Utility Easements '
.4~~~if('
calion of. Zon~:P.ltnnits. . \'.., ' ",
~~ ~ 'T'~.:~~:;'.. i ~i,. ~:. .~~'. ~ ~-': f'~;j,'.,\~ l
~ 'PRoPER11ES,~:i'o BE' "coNsiDERED
.,~~,~~~~I~~:~~~:~~.,~~~~'
From Neighborhood Commercial (N..C.) I
; to General Commercial (G.c.): La Pd
OUIlo~ 241; 261,;,28Q~ Ir. 260A ~~ of
OUllot260... ".,' .. '.
. Lots;:1-5;'~7;; Bkd' ;;, Pine Grow
VeRIlY:,: ,':,,;':':.'.:.', ,~:,.., :. '.
.'LoIs 1-5; 34-3!; BIodc 2; Pine G,M
. Valler:, ..:,.,',: :':' ."',. : : :-,' , .. ,
.'. ", 'L'. . " ~ ..... ~ .' ,,,.:. '.:' .. . '. :'" I 1
...Lots. 1-,~;:, ~7:; ~!ock. 3; ~1n8 Grov8
,::J~~;J~.::;::~;.,~;l,;:rt.:.,::" :,' ,;:~ ';;~' ~, :'
..,-.Lots~1-6;::Bloi:k '4;" Pine: GlOw Valley"
'1'. ~~: 'r;~r,!~I.... ,.t ".~\~ ~. ,..' '..' .~~~:.: :"l',
:, ~ ~,n8~ Commerdal (G.c:)"to:R-1.
PUBUC NOTICE,> ,.,' .. '.. :. ~ pe~lty:Resldenlial ,;;::.~.~,::,:,..'
. " ....... ..'\,i!..\o.....~..._.~. :.....::)'..... ..\..;~:.:::'~ ~.
'THE STATE:OF."TEXAS"~~~"",_...::::,.:.,:,,.,:,!J!ts'~-2!l..,B/ock,40; Town'of La POl'I8
COUNTY OF'HARRIS . .:- '." ;' ,., " ' , :'~
CITY,OF-.LA PORTE ,...:> = ~' " "~.:~-~.:B!Ock,4f; ToWn' of La Porte
:..,~onC!=.Qf.!:'.!JBU~,HEARlNG'.': ;tt,".'~,::' .~..:i.~: .,..1 ")"" .,:' :.
. : In\_~C:8, 'WiIh':Ihe"'proVfslOii;~of,.:' rolf 1-28; 'B1ocl(42;',ToWn'ofLri Porte
,OidInan,Cll:1s:o.PI~ City of La Porte Zon- ,:' ;.;:i:~" ,:~~,:;..' " -::, ;,:(' :;' ':'( . , , ~.',"
:..t~~~,,~lIce~,~bygiv8filhat ,Lo!S, 7-2~,'~B1~ 43;.Town of La P~
.~~,~,lrp:,~~lng 8ridZanIng ~,., .'.' ' :'.,"'~::".~.!,:" . ~~r;.....,i : ::"
,.':ItII~lOn wiD ~~ct'41 publlc,hearmg',att!'r,~~ 1~-26. Block 44; TaWn of I..Ii Porte
.'7:OO'P M.<on'.' 171h'day" tOCtDbef:;)~r.: ',:, ,,' . ,'..,
_ .1~iil;Ih8:COiincll~~,Ofthe'C~;J~ 244s;'W s3;'T~I"of La' ~
, H8II;.604 West.Falimo'nt"Parkw&y"la": ' -', , '.., " '"
, p~.,Te_..,The pUrpo.eofthe ~bIIc~Lots 1-9..2~,:BkIck:54;. Town ar,La
hean"g.ls t~ I'8C8Iv8 publlc'lnput'~;',. :~OI'!B, .~~'., ..;, .,',',
..In9.r8Z9"ing,of'properlies'iind iIm~:h.~':'\(-,:',J.:~' },7':,:':::," ,.,., . .':~'
, 'men~ Jiroposed ~r~nanc8'1SO:rdur.~::,: ~Ili,1;.g;, ~4-3.";,Block,55; TCJl!Vn of:1:a
.1119 \!'Ie 199t~i'iual review of,the citY of:'<~~ I . ':'fw,'~''':'.';''''''~:':<~' .: ':'.~' .,'~.I,:; .
:La,~ZOn'"g9RfUlance.Amen~.< :~< .~, ;", ,,~.,,' '.;~,,',. , " "1.''+'"
, to- be. conl!idered are as' roOowa:J,- .,; ~ .~,lot8 . 1-=:9; 2~. ~'56; Town' 0{ '1;8
, " , , : ...iJ?;': t'....1 : I"., 't,: '~~.. ::,,:' ~or1;8 . , ") ::':":'!":' "',: ' ,...... \~ I
. I..AR11CLE.FOUR _ Genend'Provisloris" ;..,............-. ,,:". "-.-<, ;:~..".,.;,.~.;,.". '.:w'..'.
, Section 4-400~Oning of NewlyAitnexed.'::L:ots 1.~. ?~.::B!ock'57; ,Town' o{'La
p~; ,..:.,.~~ .~.,I"" r~~;::':1t~\i(;~~;f~;~~,~: ":~:~\::'~:'::'~"~~ ':~~,; ~ ',>:'~ ~'.: ~
II., ARTICL!=.'F1VE' ~ R8~~.d .Di~irict ;';~F~m,~Geri8rar Comn1erctaJ (G.C.r~~tO
Regu~lI01:'1~'Ho'...'; ...' :' ,;..,..:.. '::c:...,,;. \~NeiiI~, qom!118rcia1 (N.C.)', ~. '.
:-:'~.. "~:''' ..... ....+...... ...,., . ~ '':~ ;.~. "'i'~. ".t ~ ~r. ...~.~ ~(J .~ ':. ~. .~...i .I~:h <.......:.'! ..' ,:".:.~:..:... . .' :.
. A: SeCiI~'S::700; T8bi; :B.:'~~~:;:'::;'~ ,1~2; -B!oCk ,37;'Town ;0"1,8 P~
Residenlial.Selbacks Adjacent ID'Ulillli.,,:.,,'.,...-):..:,;,;..,;:;.......~.....J..; ..:..,..;': ,,-. -~.,'l.,'
.~~~~,~.~:,i',.} ~~~. ~,: ,~~.,(',dU1':K ):LoIs ~~-:r!, ,~':~; ~~ '~f ,~ ,~
B Sec:liOp ~: Parldrig' LOt Scr88n'&1g'''!'~''~!~, ~O!::k 39; ~cMn :0' la:POrte
'.-.J ... '.' . o. ". ....",.-.l, '..a". p. ;.~.. ,,:,., ~:t. ,=. "T.:'" ~n'''''' >.... .....~... . ..." ..,M... ~..~:..~ ~~.l.~~~..';' . .",: ......,$.. .: ..... . .:.;;.
III: ~RTICiE 51)(:. Co~m8n::1a1'D"tript ,::;:Lots t~,~~i~.'~'~o:.!~o(j;a
.~u~~:~n~: ~~Ie,:A)~ :'..:~:..~;;?;,:,.:\;:~t~lr~\;),,:::,.~':'~': : ::,/. :/'~".' :::,,\,::
A. S.I.~. 473., ArraiIgm~~ for TrBni'pOii'::.. Lots) ~-2~. .~, ~7; Town 0'. La p~
ofFreig~tandCargoas'a~Permill8dwllh : :!'''.' " '.,' .,.,', :'. '.' , ,.". ',:
Coridilions-o.c;. Use ,:< i:,,::-'~, ,"'>. .Jots.1-34;BI~'58;Town.ofLa'PorI8
. . .. . . ... . ~ .' ,~. :. . ".".3't ; r ." :'ff" '. '. 0 . ..... ..... . ..'
',B. ~, G~In9',as;a:::Permlll8d Wi~,' ':;~,1~.,: BI~,~; town :of !-& port.
Co~tiOns~:G:p;Ull:8,::," ' :,':'-:" {' :..!.;.,.~ . ",,;:~ r;.' ,'..,','. ,:,
",....:,:, ,.'.',.' ,,".." ,.' ,'"".' .'.. ..,Lots,;'-:33..E!'ock~.T~ofLaP0it8
~~~~ ~:~,~~~~N~.=;~\: L#:~1~~~A~~~'~81'::~~::~; '~.~~~.
'.' ,....'.~:,..~.~'.;.. '." .:.;:,'.i..;,.'.'...;;..: ..:"~;..,,,.,~, ,..,~;.I',',l,..."'."...: "!,.;,,:;.. "'J
!Y.. AI:t:rJCLE,TEN 7 sPecIat,RegulBlI~s ,:Lf!!)7~',~' ~~::1:~ of La, ~-',
':" >':: "':~' .'..,.:;~:,:.'I...:~'::(': ":' ::;~''''.:. ~:'~'~'.~:'\,'~: :'.'..,:.:' ~
.A. Seclion'1o-200, .,.. t :", .,' ':. ~ ,'..g..B~:'99:,Town.of La Poi18
" ":." '~'" '.., :::..~}:,:, ~.::." ,:i "":,3".:":>~~ ":":,:X~.', :;':',j": ".<",:-,>: .',. . ....,::' ~
_1._1Q-200.5.~ry,Builclng!:!eIbacks.~- . ~,l89ularm~tInQ-W1U!:Nt held ~Iow!~g
!~ ,~~,;~~~~~:~~:_~~~~.:::.;l.::r-,~~~h!~~ ~th; pU~,ieof'~,
.2;::'.1~~:2;Y.~~t;;;~~:rw~~t;.;~:4o::r ,;:={s~~~~:~~
Pertalnlrig to SWimming Pools. Spas and. I ~Ian!!ing '&. ~U19 ,COrprnisslon. "r.,
HotTubs"'...:-' .~':'''' ,':,!,' . ,.,Ciazens'W1St\lngtoaddntSS,theCOri'l-
,', '" ' . :: .-,' ";,'.",, ' ." , mission. 'pro or con~ 'during Ihe pubiic
3. ~o.:.&01. 'C~d~r' of'~'N8w 'p..gr8ph HeBring ~I, be l8Ciui~, ID sign in ~font
Oeal,lng ~ilh ~lIowable Front Yard Ihe ,m~ng, Is con.,..-.ect. :, : ,
~~C?hments ,(car Ports) ".." .:' cln; PF' : LA" 'PORTE'" ' , . ,
4..,1o-~" Fencing' Requintments"in:' Ch@rie BI~'
Commel'Clal Use Zones. , City Secretary
.
CITY OF ~A PORTE
PHONE (713) 471.5020 .. P.O Box 1115 · LA PORTE. TEXAS 77571
October 29, 1991
Honorable Mayor Malone and City Council
City of La Po~te
RE: 1991 Annual Zoning Ordinance Review
Dear Mayor Malone,
:
The. Planning and Zoning Commission, ,over the last seve.ral
months has conducted a review of Zoning Ord inance . '1501. On
October 17, 1991, the Commission held, the required public hearing
for the purpose of taking additional citizen input regarding the
ordinance amendments and zone changes proposed during the course
of the review.
.
After closing the public hearing, the Commission by
unanimous vote, recommended . a rezoning from Neighborhood
Commercial to General Commercial for the following " properties:
La Porte outlots' 241; 261; 280; Tract 260-A out of Outlot 260.
Also incluaed as part of the recommended rezoning are the
following properties in the Pine Grove Valley subdivision: Lts
1-5; 34-37; Blk 1: Lts 1-5; 34-37; Blk 2: Lts 1-5; 34-37; Blk
3: Lts 1-5; Blk 4. The attached report discusses these
properties in greater detail.
The' Commission also, by a vote of four to one (with one
abstention) recommended amendments to Zoning Ordinance Articles
three, four, five, six, ten and eleven. The amendments proposed
for each article are detailed in the attached report.
Respectfully submitted,
~~~
.Inge Browder, Chairman,
Planning & Zoning Commission
attachments
cc: Robert T. Herrera, City Manager
Knox Askins, City Attorney
EXHIBIT B
.'
'1
.
1991 ANNUAL ZONING ORDINANCE REVIEW
PLANNING & ZONING ORDINANCE REVIEW
INTRODUCTION
The Planning & Zoning Commission has, over the course of
several meetings, conducted a review of Zoning Ordinance 1501.
This was the annual review mandated by Section 11-504 of the
Zoning Ordinance. On October 17, 1991 the Commission h~ld the
required Public Hearing for the purpose of taking additional
citizen input regarding the ordinance amendments and rezonings
proposed during the review.
After the close of the public hearing, the Commission voted
to recommend that City Council approve these ordinance amendments
as well as the rezon~ng of property located along the west side
of 20th Street (Sens Road). The Commission's specific
recommendations are contained in the following report.
City Council, in this second phase oq the review process is
asked to consider the Commission's recommendations. Council will
then schedule a second public hearing to allow citizen comment on
the proposals. Following the public hearing, Council will have
the opportunity to adopt the Commission's recommendations. This
is done by adopting an ordinance which amends Zoning'Ordinance
1501.
The Council has the option to either approve or reject each
of the Commission's recommendations. Should a proposed amendment
be rejected, it becomes a dead issue unless the Council refers it
back to the Commission for further consideration.
26th Street:
There are presently, two Neighborhood Commercial (N.C.)
Zones located along the west side of 26th Street (Sens Road.)
These zones occupy an area located between North "H" Street and
the northern boundary of the Pine Grove Valley Subdivision. The
Pecan Villa Mobile Home Park (M. H. Zone) separates the two N. C.
zones (See Exhibit A).
The Commission is proposing to rezone these areas
Neighborhood Commercial to General Commercial. The
descriptions of the tracts being considered are as follows:
from
legal
~~'l~'ESI1i 1J
e'
'"1
.
Page 2
From Neighborhood Commercial (N. C. ) to General Commercial
(G. C. ) : La Porte Outlots 241; 261; 280; Tr. 260A out of
Outlot 260
Lots 1-5; 34-37; Block 1 . Pine Grove Valley
,
Lots 1-5; 34-37; Block 2. Pine Grove Valley
,
Lots 1-5; 34-37; Block 3. Pine Grove Valley
,
Lots 1-5; Block 4; Pine Grove Valley
This rezoning has been proposed in response to the concern
that Neighbprhood Commercial is not the most viable zoning
designation for .these tracts. : There are, as illustrated by
Exhibit A, relatively large .and undeveloped G., C. zones located
to both the north and south of the N. C. tracts. Due to the
broader ranges of uses allowed i~ G. C. zones, the N. C. property
is, by comparison, not as attractive for development. The
rezoning is a way to rectify this inequity.
PROPOSED ORDINANCE AMENDMENTS
ARTICLE FOUR:
PROPOSAL: Section 4-400.1, Zoning of Annexed Property: All
territory annexed hereafter to ~he City of La Porte shall be
temporarily classified as R-1 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
classifications 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 (180) days from the date of annexation.
COMMENTARY: The above paragraph presently reads "all property
annexed hereafter... may be temporarily classified as R-1, Low
Density Residential...."
eXHIBIT B
.
.~
e
Page 3
The word "may" allows property to be annexed into the City
without any zoning classification. This can lead to confusion as
well as a variety of complications, legal and otherwise.
Substituting the word "shall" will eliminate this problem and
satisfy the Zoning Ordinance's intent that newly annexed property
be held in the City's most restrictive zoning classification
until permanent zoning is assigned.
ARTICLE FIVE:
PROPOSAL: Section 54700. Table B-Residential (5-701 footnote
~3): The mlnlmum setback adjacent to any utility easement
located in a rear yard. shall be three feet (3'). No oortion of
any buildinq includinq orojections of any nature shall encroach
into any utility easement or vertical orojection of the easement
boundary.
COMMENTARY: The above footnote presently reads "the mlnlmum
setback adjacent to any utility easement shall be three feet
(3')." The intent of this footnote is to preserve a minimum
setback between structures and the utility easements commonly
located in rear yards. There are additionally in the side yards
of certain lots, smaller utility easements. Due to the width of
the typical lots involved, it has often been necessary for the
Board of Adjustment to grant setback relief so that these lots
could be developed as homesites. This amendment would allow
greater flexibility in developing these lots while still
providing protection against encroachments into utility
Easements.
Section
Residential.
5-800
Soecial
Use Performance
Standards
PROPOSAL:
A. Landscape Buffers [Required screening]:
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.
~~"B
e'
':j,
e
Page 4
2) Standards
a. Minimum width of planting strip - four feet
( 4 ' ) .
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 of the
Director of Community Development or his duly
authorized representative.
:
COMMENTARY: Section 5-800 presently requires a solid landscape
screen to completely block parking lots from the view of
neighboring r~sidential zones. A solid screen which results in a
secluded parking lot would cause obvious safety and security
problems. Landscape buffers, as proposed would soften the visual
impact of parking lots on adjoining residential zones while still
providing a high enough degree of visibility to incre~se safety
for lot users.
ARTICLE SIX:
PROPOSAL:
Uses (SIC Code #)
CR
ZONE
NC
GC
Antique and Used Merchandise Stores
(5932)
P
P
Arrangement for Shipping and Transport
(473)
*
P(I)
Dog Grooming
*
P(H)
"i:XHIBIT lJ
e'
'~
.
Page 5
6-600 Soecial Use Performance Standards:
H.
There shall be no overnight boarding
areas used for holding animals shall be
the same building in which grooming
place.
of animals. All
located within
activities take
I .
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.
:
COMMENTARY: Antique and used merchandise stores (SIC 492) are
presently "Permitted" General Commercial Uses. This amendment
wou~d also cause them to be "Permitted" in Neighborhood
Commercial Zones. This amendment was originally put" forward in
conjunction with the proposed Main Street rezoning.
Arrangement for Shipping and Transport (SIC 473) is
currently listed as a "Permitted" General Commercial activity.
The activities included in this listing are intended (by the
City) to be limited to office uses only. In practice however,
the brokers and shipping agents who've set up offices in La Porte
have often had heavy trucks parking at their facilities. It has
been difficult to prosecute this as an ordinance violation
because of ambiguity in the present Zoning Ordinance listing.
The proposed amendment would change SIC 473 to a "Permitted with
Conditions" listing. The Performance Standard which would also
be adopted clearly prohibits heavy trucks from parking at office
locations.
Dog Grooming is proposed as a new listing that would be
classified as "Permitted with Conditions." The Performance
Standard proposed in conjunction with the listing sets standards
to prevent a grooming shop from also functioning as a boarding
kennel.
~~rrB
-
'~
.
Page 6
ARTICLE TEN:
Section 10-300.5 - Accessory Buildinq. Uses and Eauioment.
PROPOSAL: (Second paragraph) Large Lot Residential Only:
Accessory buildings in Single Family Residential Large Lots may
not exceed two thousand (2,000) square feet of floor area.
Accessorv buildings with a floor area in excess of one thousand
(1.000) SQuare feet must be located at least thirty (30) feet
from any property line and thirty (30) feet behind the rear of
the primary structure.
COMMENTARY: The proposed amendment noted above i~ intended tG
clarify rather than change present ordinance requirements.
Residential accessory buildings of up to 1,000 square feet must
be located at least.three feet from any side or rear property
line. A residential accessory building may only' exceed 1,000
square feet if it is located on a homesite of an acre or more in
size. The wording change proposed for this paragraph simply
states in clearer fashion that only the larger (over 1,000 square
feet) accessory buildings are subject to the more stringent
setbacks.
Section 10-304 Swimminq Pools. seas and hot tubs.,
PROPOSAL:
2. Fences: Swimming pools, spas, and hot tubs shall be
enclosed with a fence at least four feet (4') in height. Fences
shall comolv with all reauirements of the currently adoeted
edition of the Standard Swimminq Pool Code oublished bY the
Southern Buildinq Code Conqress International...
~~B
Page 7
e
.
~
COMMENTARY: This paragraph deals with swimming pool fencing
requirements and references the "requirements of City of La Porte
Ordinance ~1059. Ordinance ~1059 which adopted an earlier
edition of the Standard Swimming Pool Code was in effect at the
time of the Zoning Ordinance's adoption. The City has
subsequently adopted a more recent edition of the swimming pool
code. As this adopted code will likely be updated again as new
codes are developed, adopting the proposed language would
eliminate the need for future code related updates of this
section.
Section 10-401 Yard Reauirements
PROPOSAL:
Front and
detached
following
a.
b.
c.
4. . Front and Sidevard Caroorts: (New Section)
sideyard carports shall be permitted for single family
and single family large lot homes subject to the
requirements:
Carports in a required front or sideyard shall not be
located closer than five (5) feet from any front or
side property line.
Carports located on corner lots shall not be located
closer than twenty five (25) feet from an intersection.
This distance shall be measured from the intersection
of property lines common with street right-of-way
lines. (This in accordance with the provisions of
Section 10-605, figure 10-2).
The maximum width of a carport located in a required
front or side yard shall be twenty five (25) feet.
[This matches the maximum allowable width of a
residential driveway].
COMMENTARY: If the Commission should choose to recommend
adoption of this provision there are two other related amendments
which should be considered. The first is a new definition which
would be located in Section 3-100.
~~B
e.'
'.
e
Page 8
PROPOSAL: Carport: 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.
COMMENTARY: This definition would simply define the term
carport so that carports could be differentiated from other types
of structures. The second related amendment would be a wording
change to Section 10-301.1. The second paragraph of this
section, which deals with detached garages and carports,
presently reads:
:
.
A detached private garage, or carport, as
defined, may be permitted in side yards,
provided: (1) they comply wi th all the
requirements of this section; (2) they
shall be five feet (5') or more from side lot
lines; and (3) the side yard does not abut
a street right-of-way.
PROPOSAL: The first sentence of this paragraph should be amended
to omit the word carport. This would prevent a conflict with the
carport provisions proposed for Section 10-401.4. As amended the
sentence would read "A detached private garage, as defined, may
be permitted in side yards, provided..."
PROPOSAL: Section 10-500 General Fencinq and Landscapinq
Reauirements: 10-507.2. Fences in commercial and industrial
zones which are primarily erected as a security measure may have
areas 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 within
the required landscaped portion of any yard or the front yard
setback of any commercial or industrial establishment.
COMMENTARY: Presently, fencing requirements for commercial
establishments are not clearly stated. The amendment proposed
for the preceding paragraph would help establish clear
requirements that are in line with existing fencing requirements
for other use zones.
ecH'BIT B
e.
~
e
Page 9
Section 10-1000. Siqn Requlations
RESIDENTIAL, COMMERCIAL & INDUSTRIAL SIGN TABLES B
Footnotes:
PROPOSAL: No portion of any free standing public service or
advertising sign shall encroach into any utility easements.
COMMENTARY: This is a new footnote which would be added to all
three sign tables in Section 10-1000. Adopting this amendment
would cause signs to .be treated the =same as=any other type of
structure in regards to utility easements. Keeping signs out of
easements would help maintain the easements as clear corridors
for underground and overhead utility lines.
~~B
" ,.~,.~.~~::.::"--'-_......,~ i ' "'-"
"--'.::.;;~'t-=:,.. '~~~. ~~ ':.
'. , n--......,..". '_,. -'-=--_J:, , ~ ~
. _._.,~.~ .... ~'...:
" :,.:' . /' ,--.... ,.,s:~~~,~:,::~~.~, i ' " ..,~ '
"::.'>,';' " .'--';' ":."..~~ ,:., "'1" "
" '!'-I"'" 1 ," .......:.
'" '--~'''h ,\ t
-i '~
...~~: :,
.:.. _ I. P'""
.~ r. t-';-
'. t: '.
L.:.-l
l"'~x..':'''';fT' ~
'.~" -! "
i :,
..--
~~t ;.
1 ' 1
'~
.. I,.. it
~
,:~._-~,: G C ':: ~..
LJ
~
<
.~~ ~" J' ,..!~.~. j F
_7__l:~:'! _ :.:..i...~-:
, \ -;, l'
~r
~j ;
J '
: :
<
, a,
...-;n; .~,~ ~~.
....
:.:,2-
~,
..,
: ,.a:~
.:,~ ;!
.::;~ ij
, f
-::-~
\
3"6
! ' ,
, R-2.' .--
-of,.. ~.. '.
.~.... I
~~
oJ;..
!.:...-- .~
~'!. :"'.L! ,
; J
i .:...~~:..s
-~:...A
,
":,
a
..i
.f'<, ~:,' Ci
, 1~ .
" -'--;-' - '--.i ~i ;
. .t..~t - ,.hO:- S
~....:...-.-
:.. :
;.~~
~...._-_. .-...
~;.o.
~";"
. --:
'"lo.
.
",' ~t.
! ~
1. ~
~t.
~ to'
-.~ : i
.
"~~--:.:7-";
I:
IN
.:-!.\ "1
,-ill
.r..
,.'.~
:~:'-i::~ _:'.
..,~...
......
"
~-;r'\.
1 t~ '-'\~ ~~~~~~'
}. '..... '.
~.~::~.
1~: !' :t::l~~
} ,
!!t
-t':t'
;.
,e.I"IJ
,,1":
~':",
, : {
1""1
"'8 I....:~
.. .. l
'.'C__
, ,
.:.(:1.
;, ,!)
i}
'j
N...C_
-'" ",
..._,"~ .1;,.
I".....u:....-.......-~ 4. ~
~ ~..::MI:t~.:~-' ' ;
"'K:.~~". . .
,~N~,
;.r.T ,
.'fr0!
:...
:. .
....~ .
:..
;,,_.. ......:R-I
'A ,..
'1~1
......1...--. ....
;
N'C"
~i..l!
'4
t;.,,:",
,:..~
..
_00 ! .._.
R; 3"';'
~ :
no ._..;--..
'~I
~,
~~...:-~~~ ..... :,w..--:..!!
.r:..
,~
.. .._"~~
"~;
, ~~
~-"'1
.~':
._..1. '''--1
i~~
.-.:'
.-.- .~
~ :'!
; <..'1", ~
; . .: !
)- ..
" ,
-"'i
e
..
. ....
&"
.':1.'
.
..'-. ..r-......
"
2
...,...,:......... ~
,~
.....,,'oo '., ----,_.,- -"1- . . ;.
'r~'o.:~~
.'
,"
..' -.
.\
~~~
.\...
..,
~
.~~.,..:!-
"
.... .
:',
\'
~
.M;"':!,)
~~1
"
~
81
'J,
:l;
:1
Hit
',:"'::"::':;'::::'1"
, , ,;i
....,. ~
~ ~
:
!
~
~
!
oi
~
~,
;
i
'f{
..
;;;. ......
"
PUD
"
._~~
.. 5
J ii
!
1. ,
, ~
--:-., i
~~
..~ ~ . :- ~
~......-...-~...
'-i R' -"'1 I ~ ,
! ~~;,.
.L~\~--~
"
:.
- ;!, I
" .,.,.-=-.c"_",'''';''''" '_....-...,_r~ r -":- ~'
LI t
.;
'00=-':''::':- f o:rI.:."::':
:..-'.:.:...=-;
~~=-i:!;.~..-=':t:~," , ,
..;"'1,"", :'~-9.
. -;,;i':;~,:-~ ~~.''''
-~ -.;-, ,"
.. .~:,~ '.~ ~._.J=L_
i
'~~//Z;
.. ",:::::'~"':~:T-'
.;~
- 'j
".: ~.
).'!,I.
....; .'
,
I~". .
~::c
'.
":.1:
l' :;-
. ~,..
-':~~.-n
~........
~. i ' -
~ ~
:..;:
":~"""M":
,M i_
. ......1. ,
~: ~
..
..~. .,
GC
.
;
~
!
;
,~
..
,"
:..Jr.
.':.
. .-~
.
~
2
1
.\. .-
~
~a;':.
..:.. .........-
~HIBIT B
..........
.-
.
~1;...~
A
......,
I'll.
.,ui1
.:.l"'-'
S
,t
;
~
'.
~
,:
J-::' II
:1:....
"
,
~
~
l
t
i
t
i
,
},
..}
,
l
!
~
.J
~
,
~
. pt....... .f I' .....
.... .. - --.
"il. ..; f
.
e
La Porte; Texas 77571
(713) 471-1234
1200 Hwy. 146." '
Suite 180 .-.. '-'.:1'..,.
P.O. Box 1414
TheB
County of Harris
State of Texas
Before me, the undersign~d authority, on this date
, came and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly n~w~paper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of November 17, 1991
,~~~,~
Sandra E. Bumgarner
'Office Manager
Sworn and subscribed before me this ~ day of 17~
A.D. 19~. __ ~ _/
'--- ~ Ih. A'd~
Notary Public
Harris County, Texas
~~ FRANCES M. WlUlAMS I"
NolIlY Public
.. .. STATE OF TEXAS
M. My Comm. up, March 26.1994
E:XHIBrr C
." ,
.
,',
,~,
"PUBUC NOTICE
THE ST~TE Qfi:TEXAS
, COUTNY OF HARRIS
CllY OF LA ~ORTE. ';(" j..~ ~.~ i-f \,"
:.,' -:~):g~~E ':O~. pti~~6 "'H~:NG' ,-" , '
. .!." ~,.~..,..,.,t',..~ ~., 't,',.':.,,'i'
I j' I~ ~. ~ih 'the prOV!siOns of
Ordinance 1501; !he ~Ity of La p~ Zon-
i Ordinance notice IS hereby gIVen that
I' : La Porte City Council will conduct 8 "
.'" pubDc hearing at 6:OO.P .M. on ~ 91h day,:!
.'. of DeeemtiM'1991; in !he Councal Cham-
,...."~.Btt C
.
bers 0' the City Hall, 604 West Fainnont
Parkway, La Porte. ,Texa,. The purpose
of the public;: hearin9 is to receive public
input regarding rezoning ot propEinies and
amendments proposed tor. Ordinance
'1501 during the 1991 annualrevlewofthe
" City, of' La Porte Zoning, Ordinance.
Ameftdments to be 'considered are as
tollows:' : ,",';il,,' ...'.. .
;'''1. ARnC'LE FOUR -"G8nen.;'piovisions; '
Section '4-400 Zoning of Newly Annexed
,p.~ ',:'r ,.,',\,
.... ..' ...' .r~... ._...._:-..-:... ...,
': II. ARTICLE AVE -: Residential District
:~~~~;:~;o~':' ':..., -:-~...:.~
'::A. S8ction 5::700, Table, a Re~identlaJ;
· Residential' Setbacks AcfJ8C8nt to Utility
"Easements. '" ,:~.::.,;.. ' .
,1' .'\ti.~' .
B. Section 5-800: Parking lot Screenitig
.: ..t~~"".:;I, .. .
III~ ARTICLE SIX .. Commercial District
RegUlations- (Table A)Ji;i :< ':
~ ..-;".... ..:..... .....~~i~...J?. '.. ..'
A. S.J.C: 473.Arrang8menrs for Transpon
of Freight and Cargo,.' 8 'P~1IBd with
C'onditions~. GoC. ~~. '!...:. ~~)~.. . :
.... r., ' \ , ,,>.. "i,'t"~r'ti.., '
:.. -l ..J ..;. ~ "... I.., .~i''::;';''..I,..,.;::{J':':''':-. h..;
B. Dog ,Grooming as ',"PemillBd wilb,: : I
Condition~G.D. U ........., ' , ;' -: I
u .....~. '.IO:'l ',.
'.- '. ,. 'Ii " '" ,. . "',;, !'
'C:' S:I:C: An'..:...' 'Mer-; "
chandse S P '. 'C. use l,
J ,~-:.. ~ ~. . ~'rIiol."jf I' i
;!\ ,..'l. .. ,....~, '.
..IV. ARTICLE TEN ' .~uliitions!'
~ ""~ " ~. .:' rt",,, t I
Ii ~ ,~. J-~"-..,. ~:t 'J!1'i:':.1! ~ I
;A:,'seciiOnr1C~200 . ''''~:~ .
as ' f ;
1.10-200.5,Accessory~DdngSetbacks :
3:l:arge: J.:ot:f'eslden~ Hom~, ...,~
. ~ ~~liall. ~'rtt-"{.P~~~if"',;"'t~~. . ':) .... :.:~
2.' 1~204.~~U~', CodP.\DaIoIr8I...,~
~P~iri.. tcrSWlmmr",I-'p~":"'J~. and.:'
.' . g..."T-_.__..!'9........ ~,., .,
,Hot Tubs., '~ ..' , "......."r,..':,.~
~;:~1'~~~:::::~~~::JS'.
Dealing with Allowable Front Yarif,~
Encroactunents ,(Car ~rf8) ',', "" :~:
:4. ,10-500..Fencing Requinnents in eom;;,:'
mercia! Use "Zones ..iIl'j ,,~;o;'!l
~~. . t~~~ it.....~Ffir4~!f ", " :.i,!
-II (See. ~4 '('000' ."""'P-L.Ib' 'E' ~"!l.
~ 5.. lion ~JQ! 1 . .',0111 It ncroactfo:~,
\ment of...S1gns InlD.. UIiDtv Eas~ents ;Z~.. '
PROPEFmESTO BE CONSIDEREc;.~,
FOR REZONING' ARE. AS FOLLO~~.,
" ~'
From Neighborhood Commercial (N.C;':'~,
to General CommerclaJ (G.C.): La Portr~
OUllots 241; 261; 280; Tr. 260A out ot~ '
, , . '.41,
OUdot 260, :.:
. , >~f'
lots 1-5;, 34-37; ~ '1; Pine Gro~f
Valley, " " ".,
,lots.1-5;~~7; Block 2: Pine ~i.(
Valley 'H1\, , ',..~
lots 1-5;'34037; Block 3; Pine Grovti~"
Valley '"r~'4 ;~.
Lots.J.~;:'BlOck ~; Pine Grove Valley~:;,
. ,. if!.
.A regular meeting will be held foIlowintf~ '
the public hearing tor the purpose of act.,.,
Ing upOn the public hearing ilems an4 *
~nduct o~ mailers pertaining to the l
City Council. "I'
'.t.
. I
Citizens wishing to address the CoUncil (,
pro or con during the Public Hearing wiD :.-
be required to sign in before the meeting i
Is conliened.. ;
CITY OF LA PORTE
Cherie Black
City Secretary .
.
.
-8-
Buildinq Line: See setback line.
Bui1dinq 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.
CarDort: 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.
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 Manaqer: 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.
CI inic: An institution, publ ic 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 Hiqhway: 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.
rXHIBti D
.
e
-27-
section 4 - 300 Non-Conforminq Lots of Record
4 - 301 continuance of Non-Conforminq 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-Conforminq 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 Zoninq 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 (180)
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-1 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.
EXHIBIT D
.
.
-37-
8*
Uses
Min.
Lot
Area/D.U.
S.F.
Min.
Lot
Width
L.F.
2,3,4*
5,6,10
Min.
Yard
Setbacks
L.F.
F. R. S.
Max.
Height
7*
Min.
Site
Area/
unit
S.F.
Min.
Deve1.
Open Sp./
unit
S.F.
Max. Lot
Coverage
Min. Land
scaping
Req. 9
Freestanding
On Premise
Signs
See Section 10-1000
5-701 Table B Footnotes
1- Lot Size Reauired 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 80
units or fraction thereof.
b. All required developed open spaces must be operated and main-
tained 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 ground-
cover, with a planting plan required to be submitted and approved
by the enforcement officer.
3. The minimum 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(l) adjacent structure, the front yard minimum
setback shall be the average of the required setback and the
setback of only one (l) adjacent structure. In no case shall the
minimum front yard setback exceed thirty feet (30').
EXHIBIT D
.
.
-38-
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.
8. 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 - 800 Special Use Performance Standards-Residential
A. Landscape Buffers
1. A landscape buffer planted wi th 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').
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.
exHIBIT D
"
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
tI:-
-
-44-
6 - 303 Density/Intensity Requlations
Refer to Table B - Commercial
6 - 304 Special Regulations and Procedures
Refer to Article 10: Special Regulations
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
All conditional uses in R-3 zone
C
Agricultural service (076-078)
*
Amusements (791-799)
*
Antique & Used Merchandise stores (5932)
p
Arrangements for Passenger Transport (472)
Arrangement for Shipping & Transport (473)
*
*
Apparel and accessory stores (561-569)
*
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)
*
,EXHIBrr D
GC
P
C
P
P
p
P
P (I)
P
P
P
P
P
P
'.
-45-
USES (SIC Code #)
Building materials, garden supply
(521-523, 526-527)
Business services (731,732,736-738)
Business services (7359)
Commercial amusement - adult, 5,000
feet from all schools, residences,
churches, parks, or other public
buildings or uses
communications (481-489)
convenience stores (5411)
Credit agencies (611-616)
Dog Grooming
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)
Hotels and motels (701,701,7032,704)
Hospitals, laboratories (806-809)
Insurance, real estate, legal, stock &
commodity brokers, agents (641-679)
ptH1Brr D
.
ZONE
CR NC GC
* p
* p
* P (A,B,C/D)
* P
* p
p p
* p
* P (H)
P P
* p
p p
p p
p p
* p
See section 10-1000
*
p
p
p
p
p
*
p
*
p
*
p
p
p
.'
.'
-53-
H. Doa Grooming
There shall be no overnight boarding of animals. All areas used
for holding animals shall be located within the same building in
which grooming activities take place.
I. Shiooina & Transoort
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.
EXHIBIT D
\
e
.
-77-
use permit may be rescinded by the City Council, upon its own
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 Aooroval. A Special Conditional Use Permit
shall be issued only if all of the followina 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
The procedure for amendments for a Special Conditional Use Permit shall
be the same as for a new application.
10 - 300 Accessorv Buildinas. Uses and Eauioment
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: (1) 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.
EXHIBiT D
.
.
-78-
2. Accessory buildings, uses and structures shall not exceed fifteen
feet (15') in height, shall be three feet (3') or more from all
lot lines, shall be six feet (6') or more from any other building
or structure on the same lot, and shall not be located upon any
utility easement.
3. Private garage structures with vehicular access doors facing public
alleys, as defined in the Public Improvement Construction Policy
and Standards, shall be twenty feet (20') or more from the alley
right-of-way.
Detached garages located in rear yards of corner lots shall be set
back a minimum ten feet (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.
Larae Lot Residential Onlv: Accessory buildings in Single Family
Residential Large Lots may not exceed two thousand (2,000) square
feet of floor area. Accessory buildings wi th 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
(1) detached private garage or carport structure for each dwelling.
7. Wind generators, for producing electricity or other forms of energy
shall not be located in any yards other than the rear yard and must
be set back one hundred fifty feet (150') from all property lines
or the height of the structure, whichever is greater.
8. It shall be unlawful for any person to leave, stand, or park a
commercial motor vehicle, pole trailer, semi-trailer, shipping
container, trailer, truck (other than a light truck as defined
herein), or a truck tractor on any property zoned for residential
use. Boats or recreational vehicles parked or stored in a rear
yard are not subjected to the restrictions imposed by this section.
9. No accessory uses or equipment except for air conditioning
structures or condensers may be located in a required side yard
except for side yards abutting streets where equipment is fully
screened from view.
EXHlBlT D
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 Bay, see Section 10-502.
Section 10 - 400 Exceptions
10 - 401 Yard Requirements
The following shall not be considered as encroachments on yard
setback requirements.
1. 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 (1') 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 (1') above the exterior finish grade elevation, or to a
distance less than two feet (2') from any lot line or encroach
upon any utility easement.
EXH\Btf D
tl"
-
-81-
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
(51) from the side property line or three feet (3') from the
rear property line, or any vertical projection thereof.
4. Front and Side Yard Carports: 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 (51) from any front or side
property line.
b. Carports located on corner lots shall not be located
closer than twenty-five feet (251) 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 (251).
10 - 402 Heiqht 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 (31) 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
(201) above roof;
14. Wind electrical generating equipment.
EXH\BlT D
.
.
-83-
section 10 - 500 General Fencing and LandscaDinq Requirements
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 adj acent to the
shoreline of Galveston Bay, four feet (41) 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 (101) 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.
10 - 507 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
\fXHIB1T D
.
e
-84-
shall not be erected within the required landscaped
portion of any yard or the front yard setback of any
commercial or industrial establishment.
10 - 508 Landscapinq
A. 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.
B. 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.
c. Landscaping plans shall be developed using the following
criteria:
1. Location
a. Required landscaping shall be located in the front
and side yard.
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 prevaling
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.
EXHIBIT D
.
e
-104-
section 10-1004
Survey & site Plan Reauirements
Any person desiring to erect or place a freestanding sign on any
property, shall submit to the Code Enforcement Office a survey of
said property which indicates the proposed sign location.
In the case of signs which due to size or height do not require an
engineered design, a survey shall not be required. Any person
desiring to erect or place a freestanding sign of this type on any
property, shall submit to the Code Enforcement Office a site plan
of said property on which the proposed sign location is indicated.
RESIDENTIAL SIGN TABLE A
USES (SIC CODE #)
R-1
ZONES
R-2 R-3
MIl
Freestanding On Premise Identi-
fication Sign; Townhouses,
MUlti-Family Developments,
Group Care Facilities,
Subdivisions, Education and
Religious Facilities
P
P
P
P
RESIDENTIAL SIGN TABLE B
(8* )
Uses
(1,2)
Min.
Yard
Setbacks
L.F.
F. R. S.
Max.
Heiqht
Free-
standing
On Premise
Signs
0-0-0
Equal to
Max.
Allowable
Footnote:
1. 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.
2. No portion of any freestandinq public service or advertisinq siqn
shall encroach into any utility easement.
EXHIBrr D
e.,
-105-
.
COMMERCIAL SIGN TABLE A
USES (SIC CODE #)
Freestanding On Premise Signs
Freestanding Off Premise
Public Service Signs Spaced
In Intervals of Not Less Than
500 Feet
CR
COMMERCIAL SIGN TABLE B
Uses
Max.
Sign
Area
Freestanding
On Premise Signs
150 Sq. Ft.
Freestanding On
Premise Signs
Located In C.A.C.
300 Sq. Ft.
Freestanding On
Premise Advertising
Signs for Multi
Tenant Buildings
350 Sq. Ft.
Freestanding
On Premise
Advertising
Signs for Multi
Tenant Buildings
Located in C.A.C.
350 Sq. Ft.
Freestanding
Off Premise
Public Service
Sign (whether
located within
or outside the
boundaries of
C.A.C.)
75 Sq. Ft.
(1,2)
Min.
Yard
Setbacks
F. R. S.
0-0-0
0-0-0
0-0-0
0-0-0
0-0-0
SEE FOOTNOTE(S) ON NEXT PAGE
EXHIBIT D
ZONES
NC
P
*
(1,2)
Adj. to
Res.
Min. Yard
Setback
F. R. S.
0-5-5
0-5-5
0-5-5
0-5-5
0-5-5
GC
P
P
Max.
Height
45 Ft.
65 Ft.
45 Ft.
65 Ft.
18 Ft.
.
.
-106-
Footnotes:
1. 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.
2. No portion of any freestanding public service or advetising sign
shall encroach into any utility easement.
~~D
.
USES (SIC CODE #)
-107-
.
INDUSTRIAL SIGN TABLE A
On Premise Freestanding Signs
Off Premise Freestanding Signs
Uses
On & Off
Premise
Freestanding
Signs
Freestanding
On Premise
signs Located
In C.A.C.
Freestanding
On Premise
Advertising
Signs for Multi
Tenant Buildings
Freestanding
On Premise
Advertising
Signs for Multi
Tenant Buildings
Located in C.A.C.
Freestanding
Off Premise
Public Service
Sign (whether
located within or
outside the
boundaries of
C.A.C.)
B-I
P
*
INDUSTRIAL SIGN TABLE B
Maximum
Sign
Area
150 Sq. Ft.
300 Sq. Ft.
350 Sq. Ft.
350 Sq. Ft.
75 Sq. Ft.
~H'B\l D
(1,2,3)
Minimum
Yard
Setback
F. R. S.
0-0-0
0-0-0
0-0-0
0-0-0
0-0-0
ZONES
L-I
P
P
(1,2,3)
Adj. to
Resid.
Min. Yard
Setback
F. R. S.
0-5-5
0-5-5
0-5-5
0-5-5
0-5-5
H-I
P
P
Max.
Heiaht
45 Ft.
65 Ft.
45 Ft.
65 Ft.
18 Ft.
,.
.
-108-
Footnote:
1. 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.
2. All off premise freestanding advertising signs shall be spaced in
intervals of not less than three hundred (300) feet.
3. No portion of any freestanding public service or advertising sign
shall encroach into any utility easement.
EXH1Btf D