(a)

Establishment of districts. For the purpose of this chapter, the city is hereby divided into nine districts as follows:

(1)

AG agricultural district;

(2)

R-1 single-family residential;

(3)

R-2 two-family residential;

(4)

R-3 multiple-family residential;

(5)

C-1 general commercial;

(6)

C-2 restricted commercial;

(7)

I-1 light industrial;

(8)

I-2 industrial; and

(9)

MHP manufactured home park district.

(b)

Floodplain designation overlay. Notwithstanding the foregoing, there shall be a district known as a FP floodplain district, which may be coextensive with, or overlap any or all of the foregoing districts, or portions thereof, and any tract of land or portion thereof may, at the same time, be zoned for the uses in one of the foregoing district and be zoned FP floodplain. Where a tract of land or portion thereof is zoned for the uses of one of the foregoing districts and is also zoned FP floodplain, the restrictions contained in the FP floodplain district shall be applicable to said tract or portion thereof and shall take precedence over the other zoning districts.

(c)

Official zoning map. The city is hereby divided into zones, or districts, as shown on the official zoning map, which together with all explanatory matter thereon, is in existence and is hereby adopted and declared to be a part of this chapter.

(d)

Map certified. The official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the city under the following words:

"This is to certify that this is the official zoning map adopted as part of Ordinance No. 953 of the City of La Marque, Texas".

(e)

Location of map. The official zoning map shall be in the custody of, and shall remain on file in the office of the building inspector.

(f)

Public inspection of map. The official zoning map, or a copy, shall be available for public inspection for all matters that are of public record.

(g)

Amendment of official zoning map. When changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council.

(h)

Official zoning map replacement. The city council may, by ordinance, adopt a new official zoning map should the original reproducible tracing of the official zoning map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new official zoning map may correct drafting or other errors or omissions in the prior 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 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 map being replaced) as a part of the Zoning Ordinance of the City of La Marque, Texas."

(i)

Interpretation.

(1)

When the district boundaries are either roads or streets, unless otherwise shown, and where the designation of the district map indicates that the various districts are bounded by a road or street line, the center line of such road or street shall be construed to be the district boundary line.

(2)

Where the district boundaries are not otherwise indicated and where property has been subdivided into lots and blocks, the subdivision boundaries shall be construed to be the boundary of the district.

(3)

Where the district boundaries are not otherwise indicated for unsubdivided property, the district boundaries are property lines or section lines, or quarter section lines, or quarter-quarter section lines.

(4)

Where district boundaries are disputed or not otherwise clearly designated, or where the physical or structural features are at variance with the official zoning map, or in other circumstances not covered in this section, the board of adjustment shall interpret the district boundaries.

(j)

Rules for words and phrases. For the purposes of this chapter, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory, not directory; the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, foundation, company, or corporation, as well as, an individual; the word "used" includes designed and intended or arranged to be used; the word "building" includes the word "structure"; the word "lot" includes "building lot" or parcel. Wherever this chapter imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of this chapter shall govern.

(k)

Compliance with regulations. The regulations set by ordinance within each district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, except as hereinafter provided.

(1)

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(2)

No building or other structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, or to occupy a greater percentage of lot area than that specified herein for the district in which it is located.

(3)

No building or other structure shall have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or in any other manner contrary to the provisions of this chapter.

(4)

No part of a yard, other open space, off-street parking or loading space, required about or in connection with any building for the purpose of complying with this section, shall be included as a part of a yard, open space, off-street parking, or loading space similarly required for any other building.

(l)

Structures to have access. Every building, hereafter erected or moved, shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(m)

Visibility at intersections. On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner (as with traffic visibility across materially) to interfere the corner. This visibility area shall be a triangle measured 25 feet from the point of right-of-way line intersection. All objects on the ground in said triangle should not exceed two feet in height and vegetation should not droop to less than ten feet from the ground.

(n)

Fences, walls, and hedges. Please refer to the city's fence ordinance for specific restrictions.

(o)

Height and area exceptions. The regulations contained herein relating to the height of buildings or structures and the size of yards and other open spaces shall be subject to the following exceptions:

(1)

Churches, schools, and other public and quasi-public buildings may be erected to a height not exceeding 60 feet or five stories, provided the front, side, and rear yards required in the district in which such a building or structure is to be located are each increased at least one foot for each foot of additional height above the height otherwise established for the district in which such building or structure is to be located.

(2)

Chimneys, cooling towers, church steeples or spires, tanks, water towers, television antennas, microwave radio relay or broadcasting towers, mast or aerials, and necessary mechanical appurtenances, are hereby excepted from the height regulations of this section.

(3)

When a lot has an area less than the minimum number of square feet per family, as required for the district in which it is located, and was of record, as such, at the time of the passage of this chapter, such lot may be occupied by one family subject to the setback, rear yard, and side yard regulations for the district in which it is located.

(p)

Home occupations. The purpose of the home occupation provision is to permit the conduct of home occupations that are compatible with the neighborhoods in which they are located. Home occupations are a permitted accessory use in all residential districts, and are subject to the requirements of the district in which the use is located, in addition to the following:

(1)

Only the members of the immediate family occupying the dwelling shall be engaged in the home occupation.

(2)

The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.

(3)

No more than 25 percent of the area of one story of the principal building shall be devoted to the home occupation.

(4)

There shall be no exterior alterations which change the character thereof as a dwelling, other than those signs permitted in the district.

(5)

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.

(6)

No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference, or any other nuisance not normally associated with the average residential use in the district.

(7)

The home occupation shall not create any increase in vehicular flow or parking by more than two additional vehicles at a time and shall not create greater pedestrian traffic than normal for the district.

(8)

No more than one advertising sign with a maximum of four square feet of a non-illuminating nature may be placed on the main building.

(9)

Examples of home occupations. The following are examples of uses that can often be conducted within the limits of this section. Uses listed in this paragraph do not automatically qualify as a home occupation, nor does this listing limit the uses that may qualify as home occupations: private school, handicraft, dressmaking, preserving, accountant, artist, author, consultant, individual tutoring (music lessons included), millinery, attorney, and realtor.

(10)

Prohibited uses. The following uses have a tendency to violate the provisions for home occupations, and thereby, impair the character of residential areas. Therefore, the uses specified shall not be permitted as accessory uses in residential districts: commercial auto repairs, painting of vehicles or boats, and child day care center of more than ten children.

(11)

Interpretation of home occupations. The board of adjustment shall interpret the provisions of this section to determine the validity of a home occupation. A use considered not within the scope of the home occupation provisions shall be subject to the provisions of the commercial zones of this chapter.

(Ord. No. 953, 12-12-2005)