Laredo City Zoning Code
ARTICLE IV
ZONING REGULATIONS
SECTION 24-60 - ZONING REGULATIONS; INTENT AND PURPOSE
(a)
The zoning regulations and districts herein established have been developed in accordance with a comprehensive plan and for the purpose of promoting health, safety, and the general welfare of the citizens of the City of Laredo, and for the protection and preservation of historical and cultural places within the City. They have been designed to provide light and air, prevent the overcrowding of land, avoid undue concentration of population, and facilitate the provision of transportation, water, sewerage, schools, parks and public facilities. They have been made with 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 buildings and encouraging the most appropriate use of land.
(b)
The Comprehensive Master Plan passed by the City Council and signed by the Mayor on July 6, 1965, is hereby amended to include this zoning plan. All conflicting element, if any, of the Comprehensive Master Plan are hereby repealed. In cases where other ordinances are in conflict with the Zoning Ordinance, the more stringent will prevail.
(c)
It is the intent of this section to consider requests for variances from the literal application of this section only on the grounds that because of physical conditions peculiar to the land, the strict application of this section would result in the property being un-useable unless a variance request is specifically authorized in the body of this section.
SECTION 24-61 - DEFINITIONS AND INTERPRETATIONS
a.
Definitions and Interpretations in General. Certain terms or words used herein shall be interpreted as follows:
1.
The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
2.
The present tense includes the future, the singular includes the plural and the plural includes the singular.
3.
The word "shall" is a mandatory requirement the word "may" is permissive.
4.
The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied."
b.
Definitions established in Appendix A of this section shall apply. Words not specifically defined shall be interpreted as having the meaning of general usage.
Section 24-62.1 - LAND USE ZONING DISTRICT ESTABLISHMENT
(a)
For the purpose of this section, the City of Laredo is geographically divided into zoning districts and Specific Use Zoning Overlay Districts which are designated as follows:
Districts and boundaries established. Said districts and boundaries thereof are hereby adopted and established as shown on the zoning map of the City of Laredo, Texas, which map, together with all notations, references, data, district boundaries and other information shown thereon, shall be, and the same are hereby, made a part of this section. Said zoning map, properly attested, shall be and remain on file in the office of the City Secretary. Said ordinance map may be amended from time to time as provided in this section.
(b)
Specific use zoning overlay districts. The City Council may create additional zoning districts known as specific use zoning overlay districts. Each specific use zoning overlay district created shall be deemed a separate and distinct zoning district but must be designated as one (1) of the zoning districts listed in Section 24-62.1(a). The following specific use zoning overlay districts are established:
Section 24-62.2 - ZONING DISTRICT PURPOSE
1.
The purpose of the AG (agricultural district) is to provide an area for agricultural pursuits protected from infringement of urban development.
2.
The purpose of the R-1 (single family residential district) is to provide an area for residential uses and those public and semi-public uses normally considered and integral part of the residential neighborhood they serve.
3.
The purpose of the RS (residential suburban district) is to provide an area for large-lot residential development and those public and semi-public uses normally considered an integral part of the residential neighborhood they serve.
4.
The purpose of the R1-A (single family reduced area district) is to provide for residential uses and those public uses normally considered an integral part of the residential neighborhood they serve. In addition, this district provides for the subdivision of single family residential lots with a minimum of four thousand five hundred (4,500) square feet.
5.
The purpose of the R-1B (single family high density district) is to provide for residential uses and those public uses normally considered an integral part of the residential neighborhood they serve. In addition, this district provides for the subdivision of single family residential lots with a minimum of three thousand (3,000) square feet.
6.
The purpose of the R-1MH (single family manufactured housing district) is to permit subdivisions designed to meet the dimensional and configuration requirements for manufactured and modular housing neighborhoods.
7.
The purpose of the RSM (residential suburban multi-family district) is to provide for higher residential densities compatible with and complementary to a low-density single-family residential district, thereby preserving and promoting the intent and purpose of such single-family district, and conserving the value and character district.
8.
The purpose of the R-2 (multi-family residential district) is to provide an area for higher density residential uses and those public and semi-public uses normally considered an integral part of the neighborhood they serve.
9.
The purpose of the R-3 (mixed residential district) is to provide an area for higher density residential uses, the use of mobile homes on single lots, and those public and semi-public uses normally considered an integral part of the neighborhood they serve.
10.
The purpose of the R-O (residential office district) is to allow a mix of residential and limited businesses and which would restrict the residential to not more than three (3) dwellings on one (1) site, and the businesses to office uses, and very limited commercial.
11.
The purpose of the B-1R limited office-residential district is to provide business and commercial uses which are compatible with urban residential neighborhoods, and permits medical and dental offices to be incorporated into the neighborhood environment.
12.
The purpose of the B-1 limited business district is to provide for business and commercial development serving a limited geographic area or neighborhood.
13.
The purpose of the central business district (CBD) is to provide for development and redevelopment of the City's historic urban center, with acknowledgment of the district's unique characteristics and contribution to the community.
14.
The purpose of the B-3 District (community business district) is to provide for those businesses and services serving a trade area larger than a neighborhood, but smaller than the entire City and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets.
15.
The purpose of the B-4 District (highway commercial district) is to provide for those businesses and services serving a regional area which are to be located primarily along principal (major) arterial streets or the freeway, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily along principal arterial streets or the freeway and to impose site development regulations to ensure adequate access of all uses within this classification.
16.
The purpose of the M-l light manufacturing district is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare. Research activities are encouraged. This district is further designed to act as a transitional use between heavy industrial uses and other less intense and residential uses.
17.
The purpose of the M-2 heavy manufacturing district is to provide areas for manufacturing, processing, assembling, storing, testing and industrial uses which are extensive in character, and require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and which may be incompatible with less intensive uses by reason of traffic, noise, vibration, dust, glare, or emissions.
18.
The purpose of the MXD mixed use development district is to permit existing industrial development to continue in areas where redevelopment is expected to alter land use patterns in the future. No additional MXD mixed use development districts shall be created nor existing districts be expanded.
19.
The purpose of the AE District (arts and entertainment district) is to provide a mixed-use environment where arts and entertainment venues, commercial, residential and office uses harmoniously co-exist in a higher density, pedestrian-oriented environment.
Section 24-62.4 - DISTRICT PURPOSE—SPECIFIC USE ZONING OVERLAY DISTRICTS
The purpose of the specific use zoning overlay district is to provide a more restrictive zoning classification than that of the zoning districts listed in Section 24-62.1(a) herein. A specific use zoning district overlay designation is intended to promote development and/or redevelopment consistent with the land use patterns of surrounding property and subject to specific criteria and performance standards applicable in those zones.
Section 24-62.5 - SPECIAL USE PERMITS
(1)
The City Council may grant a permit for the special uses listed before these special uses may be placed on certain property within the City limits of the City of Laredo. Any property owner desiring to establish one of the uses listed in on land which is not specifically zoned for that use, may apply to the Commission for a Special Use Permit which meets the requirement of this section. The Special Use Permit must be approved by the Council. Such action does not change the zoning on the land, but establishes a permit for a specific use with an approved plan. Violations of the approved plan are violations of this ordinance and subject to the penalties contained herein. The Council shall execute the provisions of this section for the protection of the health, safety, comfort, convenience, and welfare of the public. Decisions shall not be detrimental to the economic welfare of the community and will be consistent with the intent and purpose of this Ordinance and the Comprehensive Plan.
(2)
The following Special Use Permits are authorized:
• Manufactured Housing Parks and Recreation Camps
• Junk and Used Appliance Yards
• Petrochemical and Gas Extraction Facilities
• Flea Markets
• Electronic Displays
• Bars, Night Clubs, Cantinas and Saloons in the Historic Districts within the CBD
• Mini-Storage/Warehouse Facilities
• Communication Towers and Antennas
(3)
The Planning Director or designee may administratively amend an existing Special Use Permit to make it transferable subject to the following conditions:
1.
A complete application and fee must be submitted as required with the standard process for approval for a Special Use Permit; and
2.
All conditions other than the non-transferable/issuance clause must remain the same; and
3.
Should the current property or business be out of compliance, or have a history of noncompliance, with any of the conditions of the Special Use Permit, Building Code, or other regulations of the City, the Planning Director may require the application to follow the standard process of approval through the Planning Commission and City Council; and
4.
The Planning Director or designee shall get approval from Councilperson of the council district within which the subject Special Use Permit property' is located, prior to the granting of the administrative transfer of the Special Use Permit. Should Councilperson not approve, the application will be required to follow the standard process of approval through the Planning Commission and City Council.
(Ord. No. 2021-O-129, § 1, 10-18-21)
Section 24-62.6 - CONDITIONAL USE PERMITS
(1)
The purpose of a Conditional Use Permit is to provide for those land uses where additional regulation is necessary to protect the property and surrounding area. A Conditional Use Permit is primarily for property located in older sections of the City and is intended to promote development and/or redevelopment of such property which is consistent with the land use patterns of surrounding property. The City Council may grant a Conditional Use Permit where there is a finding based on testimony received at the public hearing that the applicant is willing and able to mitigate any negative effects of the proposed use.
(2)
The Planning Director or designee may administratively amend an existing Conditional Use Permit to make it transferable subject to the following conditions:
1.
A complete application and fee must be submitted as required with the standard process for approval of a Conditional Use Permit; and
2.
All conditions other than the non-transferable/issuance clause must remain the same; and
3.
Should the current property or business be out of compliance, or have a history of noncompliance, with any of the conditions of the Conditional Use Permit, Building Code, or other regulations of the City, the Planning Director may require the application to follow the standard process of approval through the Planning Commission and City Council; and
4.
The Planning Director or designee shall get approval from Councilperson of the council district within which the subject Conditional Use Permit property is located, prior to the granting of the administrative transfer of the Conditional Use Permit. Should Councilperson not approve, the application will be required to follow the standard process of approval through the Planning Commission and City Council.
(Ord. No. 2021-O-129, § 1, 10-18-21)
Section 24-62.7 - RESOLUTION OF DISTRICT BOUNDARIES
Where uncertainty exists with respect to the boundaries of any of the districts shown on the zoning map, the following rules shall apply:
1.
Where district boundaries are indicated as approximately following lot lines, street or highway right-of-way lines, such lines shall be construed to be such boundaries.
2.
Where district boundaries are indicated that approximate the center lines of streets, or the center or rights-of-way lines of highways, such district boundaries shall be construed as being located along the centerline of the right-of-way of such street or highway.
Section 24-62.8 - ANNEXATIONS
The purpose of this section is to outline the policies, schedule, fee, and content requirements for annexation applications.
(a)
Annexation policy: Annexation applications shall be evaluated based on their conformance with the goals of the City's comprehensive plan. All initial zoning requests shall be considered except the agricultural district (AG) zone.
(b)
Annexation schedule: Voluntary annexation applications may be submitted year-round, but shall only be processed twice per year according to the following schedule:
1.
First cycle: Applications are due on the third Friday in January at 5:00 p.m.
a.
Staff review shall require four (4) weeks when less than six (6) applications are submitted in a cycle, six (6) weeks when seven (7) to twelve (12) applications are submitted, eight (8) weeks when thirteen (13) or more applications are submitted.
b.
Applications shall be presented at the first Planning Commission meeting which immediately follows staff review.
c.
Applications shall be presented at the first three (3) City Council meetings following the Planning Commission meeting, for one (1) public hearing, one (1) introductory reading, and one (1) final reading, in accordance with state requirements.
d.
Annexations be completed within ninety (90) days after the date of the City Council introductory reading in accordance with state requirements. All documents and agreements must be signed within the ninety (90) days or the annexation application is void and the applicant must re-apply.
2.
Second cycle: Applications are due on the third Friday in July at 5:00 p.m.
a.
Staff review shall require four (4) weeks when less than six (6) applications are submitted in a cycle, six (6) weeks when seven (7) to twelve (12) applications are submitted, eight (8) weeks when thirteen (13) or more applications are submitted.
b.
Applications shall be presented at the first Planning Commission meeting which immediately follows staff review.
c.
Applications shall be presented at the first three (3) City Council meetings following the Planning Commission meeting, for one (1) public hearing, one (1) introductory reading, and one (1) final reading, in accordance with state requirements.
d.
Annexation be completed within ninety (90) days after the date of the City Council introductory reading in accordance with state requirements. All documents and agreements must be signed within the ninety (90) days or the annexation is void and the applicant must re-apply.
(c)
Annexation application fee: In order to be considered complete, an application must include a fee of seven hundred and fifty dollars ($750.00) which shall be used to pay for the processing, review, and multiple departments staff analysis provided to the Planning Commission and City Council.
(d)
Annexation application content: All items shall be submitted electronically. To be considered complete an application must contain the following:
• Application fee.
• Copy of recorded deed or other recorded legal document evidencing ownership of the property. If owner of the property is a corporation, proof of authority of the signing party must be provided.
• Signed and sealed surveyor's drawing, scaled 1"=100', in 24"x36" PDF format.
• Closure calculations signed and sealed by surveyor.
• Metes and bounds signed and sealed by surveyor.
• Initial zoning request and detailed proposed use.
• Geo-referenced parcel and lo lines in GIS shapefile and format.
• Traffic impact analysis; scope to be determined by the Traffic Department Director.
• Site plan, in 24" x 36" PDF format, showing the following:
○ North point oriented, with north to the top of the drawing.
○ All proposed lots, structures, streets, and utilities. Streets and utilities should include widths and sizes to assist staff in determining future maintenance costs.
○ Identify proposed flows and demand for water, sewer, and stormwater.
○ Identify required parkland dedication and proposed locations for parks and amenities.
○ A table detailing the number or amount of single-family/multifamily residential units, and/or commercial/industrial square foot space.
○ A table showing what year development will begin, and how many residential units and/or how much commercial/industrial square foot space will be constructed each year until completion.
(Amended Ord. No. 2020-O-130, § 24-62.8, 10/19/20)
Section 24-63.1 - GENERAL REGULATIONS
(a)
CONFORMANCE REQUIRED: Except as hereinafter specified, no land, building, structure or premises shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located; such regulations include but are not limited to the following: the use of buildings, structures, or land as authorized under Section 24-63.2 Permitted Land Uses, Section 24-65 Supplementary Zoning District Regulations, or Section 24-66 et seq. Specific Use Overlay District Requirements, also including performance standards approved for such use as established in Section 24-77 Dimensional Standards for the height, size dimensions of buildings or structures; the size or dimensions of lots, yards, and other open spaces surrounding buildings; and the requirements for the provision, locations, size, improvement and operation of off-street parking, loading and unloading spaces authorized in Section 24-78 Off-street Parking and Loading; and standards approved in Section 24-82 Signs and Outdoor Displays. Uses which are not specifically authorized under Section 23-63.2 are prohibited.
(b)
ADDITIONAL USES—COMMISSION DETERMINATION: Uses other than those mentioned in this section as specifically permitted or similar uses in each of the districts may be allowed only through a zone change, special use permit, or conditional use permit as outlined in this section. Manufactured housing units are prohibited except as and where specifically authorized by the terms of this Code.
(c)
CONVERSION OF DWELLINGS: The conversion of any building to another use shall be permitted only within a district in which a new building for similar use would be permitted under this section, and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces and off-street parking, and building design approval. Each conversion shall be subject also to such further requirements as may be specified hereinafter within the section applying to such district.
(d)
UNSAFE BUILDINGS: Nothing in these regulations shall prevent the strengthening or restoring to a safe condition any part of any building or structure.
Section 24-63.2 - PERMITTED LAND USES
Permitted land uses are identified in the following Land Use Charts. Uses not specifically permitted are prohibited.
LAND USE CHARTS
Section 24-63.3 - NON-CONFORMING USES OR BUILDINGS
(a)
EXISTING NON-CONFORMING USES: Except as hereinafter specified, the lawful use of a building, structure, mobile home, or HUD-code manufactured home existing at the time of the adoption of this section may be continued, even if the existing use, building, structure, mobile home, or HUD-code manufactured home does not conform with the provisions of this section for the district in which it is located. Temporary variances granted by the Planning and Zoning Commission prior to the effective date of this section may be continued as a non-conforming use subject to the provisions of this section and of this section and all platting requirements.
(b)
ENLARGEMENT, ALTERATION OR REMOVAL AND SUBSTITUTION OF BUILDING, STRUCTURE, MOBILE HOME, OR HUD-CODE MANUFACTURED HOME WITH NON-CONFORMING USE:
(1)
No existing building, structure or premises devoted to a use not permitted by this section shall be enlarged, substituted, or structurally altered unless required by law, or court order.
a.
Exception:
1.
A non-conforming building or structure on a lot, excluding a mobile home or HUD-code manufactured home, may be expanded by five percent (5%) of the area of the lot if:
i.
The expansion does not encroach on required set-backs;
ii.
Paved parking, as required by this Code is provided, and;
iii.
The non-conforming use is screened and buffered from adjacent uses and zones as determined by Section 24-79 of this Code.
2.
The non-conforming structure can be expanded by five percent (5%) of the lot area only once and only as authorized by the Board of Adjustment.
(2)
A mobile home or HUD-code manufactured home may be enlarged or structurally altered only if required by law or court order.
(3)
Land use regulations pertinent to each zoning district shall immediately be applied when a building, structure, mobile home, or HUD-code manufactured home is removed from a lot.
a.
Exception:
1.
A non-conforming mobile home or HUD-code manufactured home may be removed for replacement purposes if:
i.
The mobile home or HUD-code manufactured home is replaced in less than six (6) months from the date of removal;
ii.
The replacement home is no more than three (3) years old, and;
iii.
The replacement home conforms to all setback requirements.
(c)
DISCONTINUANCE OF A USE: A building or structure, including a mobile home, or HUD-code manufactured home, where a non-conforming use has been discontinued for a period of six (6) months or more, may not be put to a non-conforming use. Further, a non-conforming mobile home, or HUD-code manufactured home for which occupancy has been discontinued for a period of six (6) months or more cannot be reoccupied or replaced.
(d)
REPAIRS AND ALTERATIONS: Repair and maintenance work is permitted to keep non-conforming buildings, structures, mobile homes, and HUD-code manufactured home in sound condition.
(e)
REPLACING DAMAGED BUILDING: Any non-conforming building, structure, mobile home, or HUD-code manufactured home or group of non-conforming buildings, structures, mobile homes, or HUD-code manufactured homes related to one (1) use and under one (1) ownership, which have been damaged by fire, flood, explosion, earthquake, war, riot, may be reconstructed or replaced subject to this section and used as before if the application for a permit is submitted within twelve (12) months of such calamity. The area restored cannot exceed the square foot area as it existed before such calamity except, that a mobile home or HUD-code manufactured home shall be replaced as provided above.
(f)
EXEMPTION OF ESSENTIAL SERVICES: Essential Services, as defined in Appendix A of this Code, shall be exempt from the provisions of parts (d) and (e) of this section.
(g)
PLAT RESTRICTIONS AND BUILDING CODE REQUIREMENTS: Nothing herein shall invalidate any plat restriction authorized by the Planning and Zoning Commission, nor any provision of adopted building codes. The rules of statutory interpretation shall apply such that specific provisions control over general provisions, provided however that where a conflict exists the most restrictive standard shall apply. Building set-back lines included in a recorded subdivision plat approved by the Planning and Zoning Commission shall control over general setback provisions required under the zoning provisions of this chapter, provided however, that no building setback shall be less than that specified for the type of construction proposed by adopted building codes. It is further provided that the Zoning Board of Adjustment shall have no authority to reduce any building setback required under adopted building codes.
Section 24-65.0 - GENERAL SUPPLEMENTAL PROVISIONS
(a)
Residential.
i.
No commercial vehicle which exceeds sixteen thousand (16,000) pounds in manufacturer's gross vehicle weight rating (GVWR) or which has more than two (2) axles, nor any commercial or farm trailer exceeding twelve (12) feet in length, shall be parked or stored on any residential lot in any R-1, R-1A, R-1B, R-1-MH, R-2, R-3, RSM, RS, or R-O single family residential zoning district;
ii.
No commercial vehicle which exceeds one (1) ton in manufacturer's gross vehicle weight rating (GVWR) or which has more than two (2) axles shall be parked or stored on any public street, or public right-of-way, in any R-1, R-1A, R-1B, R-1-MH, R-2, R-3, RSM, RS, or R-O single family residential zoning district;
iii.
No commercial, farm or utility trailer shall be parked or stored on any public street, or public right-of-way, in any R-1, R-1A, R-1B, R-1-MH, R-2, R-3, RSM, RS, or R-O, or R-1MH single family residential zoning district;
iv.
The provisions of Subsections 24-65.0(a)i., ii. and iii. above shall not apply to street construction equipment, maintenance and repair equipment or trucks, rollers or implements, equipment trailers or vehicles used by public service utilities when used, or intended for use, in the general vicinity; motor buses when taking on or discharging passengers at customary bus stops; vehicles parked while in the act of accepting from the immediate shipper or delivering to a consignee or addressee any transportable thing; vehicles with mechanical defects during the time it takes to make emergency repairs, or the temporary parking of said vehicles, with attached trailers, for loading and unloading purposes only between the hours of 8:00 a.m. to 8:00 p.m. and for not more than ninety (90) minutes.
(b)
Schools and Parks.
i.
No commercial vehicle that exceeds one (1) ton in manufacturer's gross vehicle weight rating (GVWR) or that has more than two (2) axels, nor any commercial farm trailer exceeding twelve (12) feet in length, shall be parked or stored in any manner within five hundred (500) feet of any public or private elementary or secondary school, park, or public playground. Additionally, ingress and egress by the abovementioned vehicles shall not be allowed onto any public right-of-way within five hundred (500) feet of any public or private elementary or secondary school.
ii.
Exception. Subsection (b)(1) shall not apply in the following situations:
(A)
A buffer exists or is created where the City of Laredo believes is adequate to ensure the safety of pedestrians around schools, parks, or public playgrounds;
(B)
The landowner or developer has an alternative method of ingress and egress to a road that does not abut a school, park, or playground;
(C)
The landowner or developer agrees to not allow tractor trailers from entering a school zone from 6:00 a.m. to 6:00 p.m., excluding weekends, holidays, and school breaks;
(D)
Businesses that have already been in operation or landowners that have been received a final recorded plat for industrial development before the passage of subsection (b)(i) may continue to operate under non-conforming use status;
(E)
Subsection (b)(i) does not apply to commercial vehicles delivering goods to grocery stores or retail establishments.
iii.
Special Use Permits: If a landowner or developer does not meet any exceptions in subsection (b)(ii), the landowner or developer may apply for a conditional use permit.
iv.
Commercial Vehicles may not remain idle while parked on land subject to subsection (b).
(Ord. No. 2024-O-112, § 1, 6-10-24)
Section 24-65.1 - AG—AGRICULTURAL DISTRICT
(1)
One-family residence, site built or manufactured housing unit, duplex or two (2) residences on one (1) lot provided that the dwelling unit is located on a tract of land which is equal to or greater than ten (10) acres.
(2)
Accessory uses include those that are normally associated with agricultural pursuits, including barns, corrals, silos, equipment storage sheds, etc.
Section 24-65.2 - RS—RESIDENTIAL SUBURBAN DISTRICT
(1)
Site-built single-family dwellings shall not exceed one (1) per lot.
(2)
Public or private neighborhood parks, playgrounds, and other similar recreational uses are permitted; provided, that any principle building or swimming pool shall be located not less than seventy-five (75) feet from any other lot line.
(3)
Servants quarters for domestic employees living on the premises when included as part of the main structure are permitted.
(4)
Accessory uses shall include swimming pools, tennis courts, cabanas, pool houses, palapas, garden and tool storage sheds, garages, porte-cocheres, barbecue pits or guest quarters separated from the principal structure.
(5)
Prohibited uses include home occupations and chain link fencing.
Section 24-65.3 - R-1—SINGLE FAMILY RESIDENTIAL DISTRICT
(1)
Only one (1) dwelling per lot.
(2)
Churches and other places of worship and Sunday school buildings located not less than twenty (20) feet from any other lot in any residential district; schools, and colleges for academic instruction, located not less than forty (40) feet from any other lot in any residential district are permitted.
(3)
Public libraries, public museums, public art galleries and other similar public cultural uses, located not less than twenty (20) feet from any other lot in any residential district are permitted.
(4)
Registered family homes offering daycare services for not more than six (6) children under the age of twelve (12), duly registered with the State of Texas are permitted.
(5)
Temporary construction yards and sales offices serving new construction in the subdivision where it is located are permitted.
(As amended 4/6/92, Ord. No. 92-0-75)
Section 24-65.4 - RSM—MULTI-FAMILY RESIDENTIAL DISTRICTS
(1)
Those uses permitted in the RS—Residential suburban district are permitted, provided however that all single-family development shall meet or exceed the minimum lot width, square footage and set-back requirements of the RS—Residential suburban district.
(2)
Condominiums, apartments and townhouses with a density not to exceed fourteen (14) units per gross acre, are permitted, subject to the following standards:
(a)
Exterior wall finish of any building constructed shall be at least seventy-five percent (75%) by area composed of brick or masonry.
(b)
A minimum of fifteen percent (15%) of the lot area shall be landscaped.
(3)
Enclosed, garage parking is required on the basis of one (1) for one-bedroom units and two (2) enclosed spaces for two (2) and three (3) bedroom units; and a minimum of one (1) unenclosed parking space for visitor parking for each dwelling unit. No variances shall be granted.
Section 24-65.5 - R-2—MULTI-FAMILY RESIDENTIAL DISTRICTS
(1)
Zero lot-line developments part of a planned development are permitted.
(2)
Town house developments part of a planned development are permitted.
Section 24-65.6 - R-1-MH—SINGLE-FAMILY MANUFACTURED HOUSING DISTRICT
(1)
Manufactured; non-manufactured; single family, detached; or modular housing units — one (1) unit per lot.
(2)
Any non-residential use is subject to the same requirements as R-1 single family residential.
(3)
Existing subdivisions may be considered for rezoning under this section under the following conditions:
a.
Eighty percent (80%) of the subdivision is developed with existing manufactured housing units.
b.
The subdivision includes ten (10) or more units.
c.
The subdivision meets or exceeds the performance standards of this section, provided however that the requirements for park and open space may be waived by the City Council on the affirmative recommendation of the Planning and Zoning Commission for existing subdivisions where the per acre density does not exceed seven and five-tenths (7.5) units per acre, or where an existing public park is located within one-half (½) of one (1) mile from the subdivision.
(4)
All manufactured housing lots shall have a level and graded pad provided in conformance with standards promulgated by the Department of Housing and Urban Development.
(5)
All manufactured housing units shall be skirted in conformance with standards established by the Building Standards Board and have the pulling hitch removed unless otherwise prohibited by law within ninety (90) days of placement.
(6)
Multi-family dwelling units shall not be permitted on lots zoned R-1MH.
(7)
All public and private utilities shall be placed underground. Water and wastewater utilities shall be located within the street right-of-way. Private utilities which are not located in the street right-of-way shall be located in dedicated easements.
(8)
Park and open space dedication. Not less than zero and one-hundredths (0.01) acres of land per manufactured housing unit shall be dedicated for park and open space. Ownership of the area dedicated for park and open space may be conveyed to the City for tracts exceeding five (5) acres in size, or for tracts less than five (5) acres, may be maintained by an association of property owners duly constituted under Section 501(c)(3) of the Internal Revenue Code. The area so dedicated shall be open and accessible to all dwelling units in the subdivision as approved by the Planning and Zoning Commission. Credit may be given for up to fifty percent (50%) of the dedication requirements for park land located adjacent to any public school site. Permanent improvements will be credited at a rate of thirty-five thousand dollars ($35,000.00) for each acre of park land required up to fifty percent (50%) of the total requirement.
(9)
Not less than two (2) paved off-street parking spaces shall be provided per lot. Parking may be provided on the individual lot or in areas designated exclusively for parking.
(10)
Additions to manufactured housing units shall be prohibited except for the following conditions:
(a)
Porches, carports, awnings, window shading, or housing unit shading that conforms to all building code and setback provisions.
(b)
Additions to and expansion of the living quarters (including, but not limited to bedrooms, dining, living, and baths) under the following conditions:
1.
Conforms to all applicable building codes.
2.
The manufactured home is attached to the land by rendering it for tax purposes as real property.
3.
The manufactured home and all additions must conform to setback provisions established for non-manufactured homes in the R-1MH district.
4.
The exterior wall and roof finish of the manufactured home and addition shall be of the same material and color. Material options include vinyl, aluminum, and masonry material.
(c)
The Board of Adjustment shall have no authority to grant variances to additions to manufactured housing units.
Section 24-65.7 - R-3—MIXED RESIDENTIAL DISTRICT
(1)
Manufactured housing units located on a lot of record that is owned by the owner of the home and maintained in one (1) ownership, and which meets applicable building, set-back and off-street parking requirements are permitted.
(2)
Second dwelling unit on one (1) lot: single-family dwelling or a manufactured housing unit on a lot with an existing dwelling, or, a manufactured housing unit, provided that all the following conditions are met:
(a)
The additional dwelling is to be used by a relative, and is not used for rental income.
(b)
The lot area is not less than three thousand (3,000) square feet of lot area per dwelling unit.
(c)
Not less than one and one-half (1½) off-street parking spaces per dwelling unit is provided on the lot.
(d)
There shall not be more than one (1) manufactured housing unit per lot.
(3)
All housing units shall be skirted in conformance with standards established by the Building Standards Board and have the pulling hitch removed unless otherwise prohibited by law within ninety (90) within ninety (90) days of placement.
(4)
Anchors and tie-downs for manufactured housing units shall be in accordance with applicable building codes.
(5)
Additions to manufactured housing units shall be prohibited except for the following conditions:
(a)
Porches, carports, awnings, window shading, or housing unit shading that conforms to all building code and setback provisions.
(b)
Additions to and expansion of the living quarters (including, but not limited to bedrooms, dining, living, and baths) under the following conditions:
1.
Conforms to all applicable building codes.
2.
The manufactured home is attached to the land by rendering it for tax purposes as real property.
3.
The exterior wall and roof finish of the manufactured home and addition shall be of the same material and color. Material options include vinyl, aluminum, and masonry material.
(c)
The Board of Adjustment shall have no authority to grant variances to additions to manufactured housing units.
Section 24-65.8 - R-1A—SINGLE FAMILY REDUCED AREA DISTRICT
(1)
The developer may elect to stagger the front yard setbacks. Should that option be chosen, then within ten (10) consecutive lots at least one-third (⅓) shall be set back between fifteen (15) feet and seventeen (17) feet; and another third (⅓) between eighteen (18) feet and twenty (20) feet; and the remaining one-third (⅓) between twenty-one (21) feet and twenty-three (23) feet. A development of less than ten (10) lots shall maintain a set back of not less than twenty (20) feet provided, however, that no front-loading garage shall be set back less than twenty (20) feet. In the event that front yards are staggered, rear yard set backs are hereby established as follows:
Section 24-65.9 - R-1B—SINGLE FAMILY HIGH DENSITY DISTRICT
A.
For all other areas except the Eastern and Western Division the following conditions apply:
(1)
Only one (1) single family site built dwelling per lot.
(2)
Prohibited uses include home occupations and chain link fencing visible from the street.
(3)
Not less than three (3) off-street parking spaces shall be required per lot.
(4)
The Board of Adjustment shall have no authority to grant variances to any additions.
(5)
Shall be for new subdivision developments only.
B.
For the Eastern and Western Division, the following conditions apply:
(1)
Only one (1) single family site built dwelling per lot.
(2)
Prohibited uses include home occupations.
(3)
Not less than three (3) off-street parking spaces shall be required per lot.
(4)
The Board of Adjustment shall have no authority to grant variances to any additions.
(Ord. No. 2023-O-055, § 1, 3-20-22)
Section 24-65.10 - R-O—RESIDENTIAL—OFFICE DISTRICT
(1)
All dwelling units shall be located within a single principal structure, and only one (1) principal structure shall be located on any one (1) lot.
(2)
Medical or dental outpatient offices, not including emergency care clinics, urgent care clinics or trauma treatment centers.
(3)
Professional and business offices including medical and dental offices, pharmaceutical and optical centers associated with medical or dental offices, artist studios, private attorneys and legal services offices including court reporters, planner, engineer, architect, accountant, real estate sales offices, and insurance agents, provided, however, that retail and wholesale sales prohibited except as specifically authorized.
(4)
Restaurants and clubs which sell alcoholic beverages for consumption on the premises are permitted, provided however, the sale of alcoholic beverages for consumption off the premises is prohibited. These businesses shall not exceed three thousand (3,000) square feet in floor area. "Drive-in" or "drive through" restaurants are not allowed. Establishments providing catering services for special events are authorized, but those providing delivery of prepared foodstuffs as a customary service are not.
(5)
Accessory uses for residential use include swimming pools, pool houses, cabanas, palapas, barbecue grills, tool and garden storage sheds.
Section 24-65.11 - B-1R—LIMITED OFFICE/RESIDENTIAL DISTRICT
(1)
Medical and dental offices are permitted which do not exceed ten thousand (10,000) square feet in gross floor area.
(2)
Exterior wall finish of any building constructed shall be at least seventy-five percent (75%) by area composed of brick or masonry.
(3)
A minimum of fifteen percent (15%) of the area dedicated for each unit or units shall be landscaped.
Section 24-65.12 - B-1—LIMITED COMMERCIAL DISTRICTS
(1)
Professional offices are permitted, including: medical and dental, outpatient clinics not including emergency care clinics, urgent care clinics or trauma treatment centers.
(2)
Studios, (dance, music, drama, health, and reducing) and antique shops,
(3)
Neighborhood business, including retail sales, and personal services, and automobile service stations providing minor service work.
(4)
All businesses, service or processing shall be conducted wholly within a completely enclosed building, except for the sale of automotive fuel, lubricants and fluids at service stations, and such other outdoor display or storage of vehicles, materials and equipment, or the sale of goods associated with a nursery business, or as may be authorized by the Board of Adjustment.
(5)
All products on the premises whether primary or incidental, shall be sold at retail on the premises where produced.
Section 24-65.13 - CENTRAL BUSINESS DISTRICT (CBD)
(1)
Any use permitted in the B-1 District, without limitation in allowable floor area.
(2)
Entertainment: Sight clubs, bars, saloons, cantinas, or carnivals, are permitted when located three hundred (300) feet or more from any residential district.
(3)
A special use permit is required for night clubs, bars, saloons, and cantinas located in the historic districts within the CBD.
(4)
Theaters, billiard parlors, pool halls, bowling alleys are similar enterprises are permitted but not within seventy-five (75) feet of a residential district; and subject to all applicable regulations and such permits as required by other City ordinances or by state law.
(5)
Trade or business schools are permitted, provided however, that machinery which is used for instructional purposes is not objectionable due to noise, fumes, smoke, odor or vibration.
(6)
Accessory uses including warehousing in the same building with the main permitted use.
(7)
All businesses, services or processing shall be conducted wholly within a completely enclosed building, except for the sale of automotive fuel, lubricants and fluids at service stations, and such other outdoor display or storage of vehicles, materials and equipment as hereinbefore specifically authorized; however, merchandise sales such as sidewalk sales are permitted when associated with an established business in this district and conducted on an occasional/infrequent basis.
(8)
Production for sale at retail: All products produced on the premises whether primary or incidental, shall be sold at retail on the premises where produced.
Section 24-65.14 - B-3—COMMUNITY BUSINESS DISTRICT
(1)
Trade or business school: Provided that machinery which is used for instruction does not create noise, fumes, smoke, odor, vibration or does not involve welding or the use of heavy equipment outdoors.
(2)
Where the primary business is retail sale of hardware and remodeling supplies such as lumber, concrete, electrical fixtures, plumbing, heating or air-conditioning shops, wiring, masonry or tile, a free-standing structure shall not exceed thirty-five thousand (35,000) square feet in gross floor area.
(3)
Sign painting shops shall be located in wholly enclosed buildings.
(4)
Monument sales and service shops shall be located in enclosed buildings if adjacent to an R-District.
(5)
Funeral homes and chapels: Shall be located at least one hundred (100) feet from any residential district; must be screened from all adjacent less intensive uses; and must be located within three hundred (300) feet of a principal arterial street.
(6)
Small animal veterinary clinics which include treatment, display, grooming, or boarding of small animals or pets shall be located not less than fifty (50) feet from any residential district,
(7)
Interior decorating, painting and paper hanging shops, furniture upholstering which do not include contractor yards and cabinetry fabrication.
(8)
Recycling centers provided however that no recycling center shall be located within one hundred (100) feet of any residential district.
(9)
Retail sale of used clothing and merchandise stores is permitted.
(10)
Unless otherwise provided, all business, service or processing shall be conducted wholly within an enclosed building; the sale of automobile fuel, lubricants and fluids at service stations, is specifically permitted.
(11)
Production for retail on premises only: All products produced on the premises shall be primarily sold at retail on the premises where produced, except for the work of skilled craftsmen or artisans.
(12)
Any nationalization/"nacionalizacion" of vehicles enterprise must be located in a B-3, B-4, M-1, M-2 or MXD district, and must also obtain a special use permit (SUP) prior to commencing operations, and it is a violation of this subsection for any such enterprise to be located in other than one (1) of those five (5) districts; provided, however, any such enterprise operating in a zoning district other than a B-3, B-4, M-1, M-2, or MXD prior to May 1, 2004, will be permitted to continue to operate for a period not to exceed one (1) year from the date.
(13)
Plasma Center (Plasma Collection Service) establishments as defined in Appendix A, shall not be located within one (1) mile (5,280 feet) of another Plasma Center (Plasma Collection Service). Distance measurement between Plasma Center (Plasma Collections Service) establishments shall be made by the shortest route from front door to front door along the property lines of the street fronts and in a direct line across intersections.
(14)
Reception Halls (Indoor) are permitted provided that the use is conducted within a wholly enclosed, permanent structure. On-premise consumption of alcoholic beverages is permitted only during scheduled events which are not open to the general public. Outdoor music, reception hall activities conducted out of doors, and on-premise living quarters are prohibited.
(a)
Board of Adjustment shall have no authority to grant any variance to any Land Development Code requirement regarding Reception Halls, either indoor or outdoor.
(Ord. No. 2023-0-048, § 2, 3-20-23; Ord. No. 2023-O-178, § 3, 9-18-23)
Section 24-65.15 - B-4—HIGHWAY COMMERCIAL DISTRICT
(1)
Any nonresidential use permitted in the B-3 District: is permitted in the B-4 district without floor area square footage limitation.
(2)
Agricultural sales and services is permitted, including heavy machinery; sale from premises of feed, grain, fertilizers, pesticides and similar goods as well as incidental storage thereof, provided however that no storage handling or transfer of pesticides, fertilizer or chemicals shall be located within two hundred (200) feet of any residential district.
(3)
Heavy automotive sales and service is permitted along the freeway and State Aid Primary Roads only; includes truck stops maintenance and sales of heavy machinery provided that storage of equipment and vehicles adjoining any residential or other commercial district be screened from view.
(4)
Building material and equipment sales: includes retail lumber yards, and retail and wholesale sales of other building material such as concrete, masonry, plumbing and heating units provided that no construction, assembly, concrete missing or block manufacturing occurs on premises.
(5)
Business or trade school.
(6)
Communications services such as mobile and cellular telephone services are permitted.
(7)
Construction services: including fabrication of cabinetry and related millwork and carpentry is permitted, but no steel or metal fabrication.
(8)
Night clubs, bars, saloons, cantinas, billiard parlors, or carnivals when located three hundred (300) feet or more from an R District are permitted.
(9)
Theaters, bingo parlors, bowling alleys, and similar enterprises when located seventy-five (75) feet or more from an R-District.
(10)
Exterminating services are permitted, provided that chemicals, fertilizers, or pesticides shall not be stored, processed, or transferred within two hundred (200) feet of a residential district.
(11)
Storage of equipment owned or rented by building contractors is permitted, but not of raw materials, including sand, caliche, road-building aggregate or lumber.
(12)
Beverage bottling or distribution stations: shall not exceed fifteen thousand (15,000) square feet floor space.
(13)
Welding shops and custom manufacturing shops: on-site production of goods by hand (i.e. involving only the use of hand tools or mechanical equipment not exceeding two (2) horsepower or a single kiln not exceeding 8KW).
(14)
Facade-exterior surface, (excluding doors, windows and openings for ventilation) which fronts on a street shall be eighty percent (80%) masonry and/or glass.
(15)
Residential uses are prohibited unless specifically permitted.
(16)
An amusement redemption machine establishment, as defined in Appendix A, shall be permitted providing the proposed establishment meets the following requirements:
(a)
It shall not be located within three hundred (300) feet of:
(1)
Any residential structure;
(2)
The boundary of any district zoned AG, R-S, R-1, R-1A, R-1-MH, RSM, R-2, or R-3;
(3)
A church;
(4)
A public or private park;
(5)
A public or private elementary or secondary school;
(6)
A hospital.
(b)
For the purposes of subsection (a), measurement shall be made along the property lines of the street fronts and from front door to front door, or to zoning district, church, park or school, as applicable, and direct lines across intersections.
(c)
The hours of operation for amusement redemption machine establishments shall be limited to the following hours:
(1)
Monday through Thursday, open at 8:00 a.m. and close at 11:00 p.m.
(2)
Friday through Sunday, open at 8:00 a.m. and close at 12:00 a.m.
(d)
It shall prominently post signs reading as follows:
(1)
"If you or anyone you know has a gambling problem, call 1-800-522-4700. Si usted o alguien que usted conoce tiene un problema de adicción al juego, llame al 1-800-522-4700".
(e)
Amusement redemption machine establishments shall be restricted to the permitted sign dimensions prescribed for B-1 zoned properties.
(f)
The Board of Adjustment shall have no authority to grant any variance to any requirement regarding amusement redemption machine establishments as stated in Laredo Land Development Code Section 24-65.14.16.
(17)
Halfway houses (criminal) are permitted provided such facility or facilities are located a distance of more than five hundred (500) feet from the nearest boundary line of the nearest residential district.
(18)
Plasma Center (Plasma Collection Service) establishments, as defined in Appendix A, shall not be located within one (1) mile (5,280 feet) of another Plasma Center (Plasma Collection Service). Distance measurement between Plasma Center (Plasma Collections Service) establishments shall be made by the shortest route, from front door to front door, along the property lines of the street fronts, and in a direct line across intersections.
(19)
Reception Halls (Outdoor) are permitted in B-4, M-1, M-2, MXD provided the use is located three hundred (300) feet from an R-District, measured along property lines of the street fronts and from front door of the reception hall to the boundary of the nearest R-District, and in direct lines across intersections.
(Amended Ord. No. 2018-O-072., § 24-65.15, 5/21/18; Ord. No. 2023-O-0048, § 2, 3-20-23; Ord. No. 2023-O-178, § 4, 9-18-23)
Section 24-65.16 - M-1—LIGHT MANUFACTURING DISTRICT
(1)
Halfway houses (criminal). Adult and alien detention facilities are permitted provided such facility or facilities are located a distance of more than five hundred (500) feet from the nearest boundary line of the nearest residential district.
(2)
Juvenile detention facilities are permitted provided such detention facility or facilities are located a distance of fifty (50) feet from the nearest boundary line of the nearest residential district.
(3)
Accessory uses and structures incidental to manufacturing activities including warehouse and storage facility; heavy equipment storage and maintenance facilities, offices, on-site security offices; public and private scales; freight-handling; dead-storage facilities.
(4)
Hazardous materials—Incidental to transportation and storage: Hazardous materials receivable for freight-handling shall be in product-tight containers or packings recognized as per the hazardous materials ordinance for the City of Laredo and/or CFR 49 Department of Transportation. Storage of hazardous materials under this section shall be limited to "short term" as defined in the Hazardous Materials Ordinance. No on-site handling (opening, repackaging, etc.) will be permitted.
(5)
Sexually oriented businesses are permitted provided that such sexually oriented business meets the following distance requirements.
(a)
It shall not be located within two thousand (2,000) feet of:
(1)
A church;
(2)
A public or private elementary or secondary school;
(3)
A boundary of any residential district;
(4)
A public park;
(5)
A boundary of any district zoned AG, R-S, R-1, R-1A, R-1B, R-1-MH, RSM, R-2, R-3, R-O, B-1, B-1R, CBD, B-3, B-4, MXD.
(b)
It shall not be located within fifteen hundred (1,500) feet of another sexually oriented business.
(c)
For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot or to the nearest boundary line any district listed in Subsection (a)(5), supra.
(d)
For the purposes of subsection (b) of this section, the distance between two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line in which the businesses are located.
(e)
The Board of Adjustment shall have no authority to grant any variance to the requirements of Subsections (a), (b) and (c), above.
(f)
A sexually oriented business shall be restricted to the permitted sign dimensions prescribed for B-1 zoned properties.
(6)
An amusement redemption machine establishment, as defined in Appendix A, shall be permitted providing the proposed establishment meets the following requirements:
(a)
It shall not be located within three hundred (300) feet of:
(1)
Any residential structure;
(2)
The boundary of any district zoned AG, R-S, R-1, R-1A, R-1-MH, RSM, R-2, or R-3;
(3)
A church;
(4)
A public or private park;
(5)
A public or private elementary or secondary school;
(6)
A hospital.
(b)
For the purposes of subsection (a), measurement shall be made along the property lines of the street fronts and from front door to front door, or to zoning district, church, park or school, as applicable, and direct lines across intersections.
(c)
The hours of operation for amusement redemption machine establishments shall be limited to the following hours:
(1)
Monday through Thursday, open at 8:00 a.m. and close at 11:00 p.m.
(2)
Friday through Sunday, open at 8:00 a.m. and close at 12:00 a.m.
(d)
It shall prominently post signs reading as follows:
(1)
"If you or anyone you know has a gambling problem, call 1-800-522-4700. Si usted o alguien que usted conoce tiene un problema de adicción al juego, llame al 1-800-522-4700".
(e)
Amusement redemption machine establishments shall be restricted to the permitted sign dimensions prescribed for B-1 zoned properties.
(f)
The Board of Adjustment shall have no authority to grant any variance to any requirement regarding amusement redemption machine establishments as stated in Laredo Land Development Code Section 24-65.14.16.
(7)
Bars, night clubs, cantinas, saloons, billiard parlors and carnivals are permitted provided that such businesses are located a distance of more than three hundred (300) feet from the nearest residential district. The distance shall be measured in a straight line.
(Amended Ord. No. 2018-O-072. § 24-65.16, 5/21/18)
(Ord. No. 2024-O-209, § 1, 10-28-24)
Section 24-65.17 - M-2—HEAVY MANUFACTURING DISTRICT
(1)
All manufacturing activities shall be not less than two hundred (200) feet from any R-District.
(2)
All manufacturing uses requiring a special use permit for flammable products shall be at least six hundred (600) feet from any R-District and two hundred (200) feet from any B-District.
(3)
Manufacturing or warehousing activities, including storage and handling of hazardous materials.
(4)
Sexually oriented businesses are permitted provided that such sexually oriented business meets the following distance requirements:
(a)
It shall not be located within two thousand (2,000) feet of:
(1)
A church;
(2)
A public or private elementary or secondary school;
(3)
A boundary of any residential district;
(4)
A public park;
(5)
A boundary of any district zoned AG, R-S, R-1, R-1A, R-1B, R-1-MH, RSM, R-2, R-3, R-O, B-1, B-1R, CBD, B-3, B-4, MXD.
(b)
It shall not be located within fifteen hundred (1,500) feet of another sexually oriented business.
(c)
For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot or to the nearest boundary line any district listed in Subsection (a)(5), supra.
(d)
For the purposes of Subsection (b) of this section, the distance between two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line in which the businesses are located.
(e)
The Board of Adjustment shall have no authority to grant any variance to the requirements of Subsections (a), (b) and (c), above.
(f)
A sexually oriented business shall be restricted to the permitted sign dimensions prescribed for B-1 zoned properties.
(5)
Halfway houses (Criminal) are permitted provided such facility or facilities are located a distance of more than five hundred (500) feet from the nearest boundary line of the nearest residential district.
Section 24-65.18 - MXD—MIXED USE DEVELOPMENT DISTRICT
(1)
The building front shall consist of masonry, glass, or other materials that present an aesthetically pleasing environment, Metal exterior, as is the case in normal metal warehouse construction, is not allowed on the front, but may be visible on the sides and rear.
(2)
In no case shall industrial developments, as allowed in the M-l District, be approved with truck access to local residential streets, except as may be permitted below when within three hundred (300) feet of a City designated truck route. All access for truck traffic shall be as follows:
(a)
Direct frontage onto a City designated truck route.
(b)
Private drive easement to a designated truck route.
(c)
The lot or private drive easement is located within three (300) feet of a designated truck route. (Three hundred (300) feet is measured excluding public rights-of-way.)
(d)
Trucks owned or leased shall not use local residential streets.
(e)
All driveways not located on a truck route, but within the allowed distance from such a route shall be so constructed as to direct traffic to the truck route and away from residential streets. In those cases in which more than one (1) block of land for development is involved, it is the intent of this section to ensure that all truck traffic utilizes one (1) route of access to the truck route.
(3)
Property which is otherwise zoned shall not be rezoned MXD (mixed use district).
(4)
Halfway houses (Criminal) are permitted provided such facility or facilities are located a distance of more than five hundred (500) feet from the nearest boundary line of the nearest residential district.
Section 24-65.19 - ARTS AND ENTERTAINMENT DISTRICT (AE DISTRICT)
(1)
Only properties located within the area bounded on the north by Scott Street, Zacate Creek on the east, and the Rio Grande River on the south and west may be considered for rezoning to AE (arts and entertainment district).
(2)
The minimum allowable area eligible for consideration for rezoning to AE (arts and entertainment district) shall be one (1) City block.
(3)
Any use permitted in the B-1 and CBD districts shall be permitted in the arts and entertainment (AE) district, without limitation in allowable floor area, unless the use is prohibited elsewhere in the Code of Ordinances or in the Laredo Land Development Code.
(4)
Night clubs, bars, saloons, and cantinas are permitted and are subject to the following performance standards:
(a)
No more than twenty percent (20%) of the square footage of the windows and clear doors shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. This requirement shall not apply to premises where there are no windows or where existing windows are located at a height that precludes a view of the interior of the premises by a person standing outside the premises.
(b)
The abovementioned businesses should do everything possible and be designed to discourage criminal activities and vandalism, both on the site and on adjacent properties. Included would be provision of sufficient lighting and perimeter fencing, elimination of dark areas, and the orientation of the building such that it provides maximum visibility of as much as possible of the site from a public street.
(c)
The abovementioned businesses must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
(5)
Artisan manufacturing, meaning the on-site production and/or assembling of specialty goods primarily by hand, including jewelry, ceramics, quilts, woodwork, and other small glass and metal arts and crafts, products, shall be conducted wholly within an enclosed building. The manufacture of specialty goods or crafts shall be an accessory use to an artist studio and shall not cause or result in noxious odors, smoke, dust, or dirt, or cause objectionable sounds of an intermittent nature which becomes a nuisance to adjacent uses.
(6)
Production or manufacture of artisan products or crafts shall be in limited quantities, produced or manufactured on the premises, whether primary or incidental, and shall be sold at retail on the premises where produced or manufactured.
(7)
Accessory uses within an artist studio include the storage of limited quantities of raw materials to be used in the production or manufacture of artisan "objet d'art" or crafts, which in no event shall be more than fifty (50) percent of the floor space of any floor of the studio in the same building.
(8)
Trade or business schools are permitted provided, however, that machinery which is used for instructional purposes is not objectionable due to noise, fumes, smoke, odor or vibration.
(9)
Outdoor displays within the arts and entertainment (AE) zoning district: An outdoor display is defined as a use located on a public sidewalk, which may be within a public right-of-way or easement that is associated with a retail use and consists of a display of goods available for public purchase. A business may display or sell its regularly stocked items directly in front of the business during any hours the business is open to the public without a license, as per City of Laredo Code of Ordinances, Chapter 28, Article V, Section 28-101(b), and Section 24-84.3(f) of the Laredo Land Development Code shall be waived, provided the following conditions are met:
(a)
A clear path of at least four (4) feet of sidewalk running parallel to and fronting the business shall remain free and clear of any obstructions to accommodate pedestrian traffic however, all American with Disabilities Act (ADA), Fire Code, and Health and Safety Code requirements shall remain in effect and if there is a conflict with any of the provisions of this section the more restrictive provision shall apply.
(b)
All goods for sale (merchandise) must be placed on display tables, racks, or alternative modes of display. Alternative modes of display shall be approved by the Building Services Director or his/her designee so long as the alternative display is sturdy and covered or skirted with cloth from the floor/ground to the display surface. Merchandise shall not be placed directly upon the ground. All display tables, racks, and alternative modes of display must be in conformity with the historic urban design guidelines.
(c)
Special event sales are allowable by permit from the City and legally permitted in accordance with Chapter 28, Article V, Section 28-107, Vending Under Special Event Vendor's Permit of the City of Laredo Code of Ordinances. The historic urban design guidelines regarding display of items for sale shall also apply.
(10)
Outdoor cultural events and performances which are open to the public and that feature visual art, music, dance, theater, performance art, design, or cultural heritage are permitted, subject to the following:
(a)
The outdoor event or performance must be presented by an existing business on the property or be sponsored, cosponsored, or permitted by the City if using public property. All events must comply with all applicable codes and ordinances, in accordance with both the City of Laredo Code of Ordinances Chapter 28, Article V, Commercial Use of Streets, Sidewalks and Other Public Places, and Chapter 23, Article I, Section 23-2(b), Closing of Parks, Playgrounds, Athletic Fields.
(b)
For consumption of alcoholic beverages in public plazas at special events within the AE district, a permit must be obtained from the Chief of Police in accordance with the City of Laredo Code of Ordinances Chapter 5, Section 5-4(c), Possession, Consumption of Alcoholic Beverages in Certain Public Places. Exceptions.
(11)
Noise:
(a)
A noise nuisance shall be considered to exist in the AE zone only when the noise level exceeds 65 decibels. No outdoor speakers will be allowed between 8:00 a.m. and 5:00 p.m. Distance measurement of a noise nuisance shall be made in accordance with the City of Laredo Code of Ordinances Chapter 21, Article XI, Division 2, Sections 21-217(2)c and 21-217(2)d.
(b)
Exceptions to the above may be made in accordance with the City of Laredo Code of Ordinances Article XI, Division 3, Section 21-221(4), which include but are not limited to outdoor events sponsored, cosponsored, or permitted by the City.
(12)
Sidewalk cafés:
(a)
Unlawful unless license issued. It shall be unlawful for any person to place any furniture including tables, chairs or any obstruction within the public right-of-way (including sidewalks). A restaurant owner desiring to serve food and/or beverages to his/her patrons in a dining area located within the sidewalk in front of his/her restaurant must first obtain a "Sidewalk café license" from the Building Services Department.
(b)
Sidewalk cafés in order to be licensed shall meet the following minimum requirements:
1)
A sidewalk café shall be allowed on a sidewalk with a minimum width of ten (10) feet from the building façade to the back of curb.
2)
A sidewalk café shall be allowed on a sidewalk with a minimum of eight (8) feet from the building façade to the back of curb from 6:00 p.m. until 2:00 a.m.
3)
A clear pedestrian path of no less than four (4) feet must be maintained at all times and a pedestrian path of no less than three (3) feet must be maintained around obstructions such as trees and parking meters.
4)
The sidewalk café must be directly in front of a restaurant in which food, prepared and cooked in the restaurant, is offered for sale and for immediate consumption at all times the sidewalk café is operational.
5)
The area designated for the sidewalk café (referred to herein as "sidewalk café area" or "Café Area") shall not block the restaurant entrance or other entrances exits or driveways.
6)
There shall be no preparation, cooking, storage, cooling, or refrigeration of food or food service equipment located in a sidewalk café area or on any sidewalk.
7)
Pets are not permitted within the sidewalk café other than a service dog assisting a handicapped person.
8)
No portion of the sidewalk café can be elevated in the style of a deck.
9)
All areas surrounding the sidewalk café shall be kept in a clean and orderly condition, and the restaurant owner shall ensure that all wrappings, litter, debris and food are promptly removed from the area and discarded in appropriate containers. Daily sanitary cleaning of the sidewalk café Area is required and the sidewalks shall be washed down on a daily basis.
10)
Tables and chairs for sidewalk dining shall be placed along the building façade and never along the curbside of the sidewalk.
11)
The sidewalk café license and approved site plan shall be conspicuously displayed on the exterior wall or window of the main entrance of the sidewalk café during all hours of operation. The café area of the sidewalk café shall reflect the approved site plan and shall not be modified or altered unless approved by the Building Services Director or his/her designee pursuant to a sidewalk café license amendment.
12)
The arrangement and number of tables and chairs within the café area of the sidewalk café shall reflect the approved site plan and shall not be substantially changed, altered, added to or reduced unless approved by the Building Services Director or his/her designee pursuant to a sidewalk café license amendment.
13)
Tables and chairs shall, during hours of operation of the restaurant, always be set up and maintained in a manner ready for access and use by patrons. In addition, the capacity of the sidewalk café shall not exceed the approved seating capacity number on the sidewalk café license. At no time may the sidewalk café be used in excess of the approved seating capacity to allow for standing room patrons.
14)
Number of table and chairs shall be limited to one (1) table and two (2) chairs per fifteen (15) square feet. If space allows, the number of chairs may be increased to four (4) per freestanding table, as long as the required four (4) foot clear pedestrian path is maintained for compliance with ADA requirements and any other codes and local ordinances. The capacity of the sidewalk café shall equal one (1) person per approved chair.
15)
In the event the owner of a restaurant with a sidewalk café chooses to enclose (with a railing, perimeter fencing, ropes, chains or the like) the café area from the remainder of the public way.
The following criteria shall apply:
a)
The railing, perimeter fencing, ropes, chains or the like, (hereinafter also referred to as "Enclosure") shall be clearly shown on the sidewalk café's site plan and be approved.
b)
The sidewalk café entrance shall not have an enclosure and said entrance shall remain unobstructed.
c)
The enclosure shall be maintained in accordance with the approved site plan, and shall be no less than twenty-four (24) inches or more than thirty-six (36) inches in height.
d)
The enclosure shall be durable so that it shall not collapse or fall over due to wind or incidental contact with patrons or pedestrians.
e)
The enclosure shall be maintained in place during operating hours. No enclosure may be stabilized by bolting, nailing, gluing or otherwise permanently affixing it to the sidewalk.
f)
The enclosure shall be designed to leave no less than four (4) feet of clear and unobstructed sidewalk space to allow for pedestrian passage.
g)
In the event the owner of a restaurant with a sidewalk café chooses to place railing or fence mounted planter boxes along railings, fencing or other such method used to enclose a sidewalk café, no more than fifty percent (50%) of the top of railing, top of fence, etc., may be covered with planter boxes securely fastened to the fence or railing. In no event shall any planter box extend into the required four (4) foot clear pedestrian path.
16)
Landscaping: To promote the City of Laredo's objective of developing an attractive streetscape, the following landscape and standards shall apply to restaurants seeking permission to erect a sidewalk café within the AE district:
a)
The location and size of self-supporting or floor planter boxes shall be determined during the sidewalk café license approval process or may be determined at a later time through a sidewalk café license amendment.
b)
Self-supporting or floor planter boxes may be used as temporary landscape features, these planter boxes are generally used for small trees and shrubs and may be used to distinguish the corners of the sidewalk café boundary or may be placed on the curbside area immediately adjacent to the sidewalk café area but in no event may the box or plant material extend into the required four (4) foot clear pedestrian path.
c)
In the event that large planters are approved, an exception may be made to allow such planters to remain in place as per approved site plan.
d)
All planters and plant material within shall be maintained throughout the entire time the sidewalk café or planters are present on the public way.
e)
Dead, dying, or unhealthy material in any planter box shall be replaced with healthy material. Planter boxes shall not extend over the permitted seating area.
17)
The sidewalk café enclosure, furniture and planter boxes may be placed on the public right-of-way once the license is issued, and shall be removed on the expiration of the license. Any sidewalk café in operation continuing to keep the enclosure and/or furniture on the public way when it is closed for business or after its license has expired shall be subject to citation and the enclosure, furniture, planter boxes or other equipment may be removed by the City.
18)
Non-permissible enclosure of City property, within the boundaries of the sidewalk café, shall include, but is not limited to, parking meters, fire hydrants or any other items can be identified as items which must be accessible to the public or to the City for municipal purposes or emergency services.
19)
No portion of the sidewalk café area may be expanded to include sidewalks fronting neighboring businesses, residences, or empty lots.
20)
Sidewalk café licenses shall only be issued to a restaurant owner, having a valid food products establishment license, at the address stated, within the AE district.
21)
Permanent structures in sidewalk cafés are prohibited. No furniture, umbrellas, or other sidewalk elements shall be attached permanently to the sidewalk or to any tree, post, sign, or other public fixture.
22)
Umbrellas and any type of temporary overhead structure shall not interfere with street lights, traffic lights, signage, overhead utility lines, trees or other overhead structure and shall be not less than seven (7) feet above the sidewalk.
23)
Furniture and other sidewalk elements for sidewalk cafés except for approved planters shall be removed from the sidewalk at the close of each business day.
24)
Signs in the right-of-way are prohibited.
25)
Lighting shall conform to the historic urban design guidelines. All lighting shall be consistent with the ambiance of the restaurant and of the general area and there shall be no flashing lights, animated lights, chase lights, strobe lights, high intensity lights or spotlights.
(c)
Application requirements for sidewalk café license.
1)
An application for a sidewalk café shall be submitted to the Building Services Department for administrative review and once all the criteria of this section have been met and approved by the Building Services Director or his/her designated representative a sidewalk café license may be issued. The application for a sidewalk café shall be on a form provided by the Building Service Department and require, at a minimum the following:
a)
Name of restaurant, physical address of restaurant, name of owner of restaurant (hereinafter also referred to as "applicant"), address of the applicant, phone number of the restaurant and the phone number of the applicant.
b)
Property owner name, address and phone number if different from applicant. If property owner is not the applicant, the application must include an affidavit from the property owner authorizing the applicant or other representative of the property owner to act on the property owner's behalf.
c)
Copies of all relevant state and local permits and licenses (including but not limited to Health Department permits/licenses, sales tax certificate, fire permits, certificate of occupancy, TABC licenses (if applicable) and current tax certificate showing City taxes have been paid up to date).
d)
The applicant shall be responsible for notifying, in writing (including a copy of the complete application), and at a minimum, each property owner and tenant (if different from the property owner) on each side of the restaurant and directly across the street from the restaurant of the submission of an application for a sidewalk café license. During the review process the applicant shall submit copies of the notice given to each abutting landowner and tenant of the restaurant owners application for a sidewalk café.
e)
A copy of the restaurant owner's current certificate of insurance (general liability) which covers the café Area naming the City of Laredo as an additional insured.
f)
A site plan which shall be drawn to scale (⅛" = 1'-0"), preferably on 8 ½ x 11 inch paper; and shall include:
i)
North arrow;
ii)
Location of property lines;
iii)
The layout and dimensions of the sidewalk from street corner to street corner, the layout of the area to be utilized for the sidewalk café (sidewalk café area or café area) and adjacent private properties, to include the sidewalk width remaining for clear path of travel;
iv)
The size and dimensions of each item of furniture and planter boxes, the number of tables, chairs, umbrellas, trash receptacles, planter boxes and enclosures or other items used to delineate the area used for the sidewalk café;
v)
Location of doorways, fire hydrants, parking meters, bus shelters, sidewalk benches, trees, and any other fixture, structure, or obstruction existing within the area used for the sidewalk café.
vi)
Photographs shall be attached to the site plan and shall:
1.
Be clear and accurate representations of the site.
2.
Depict the entrance to the restaurant.
3.
Depict the proposed site where the sidewalk café is to be located and relationship of the proposed sidewalk café to the surrounding public right-of-way,
4.
Depict each item of proposed furniture and outdoor items (planter boxes/trash receptacle/umbrellas, enclosures, etc.) to be used.
(d)
No waiver/variance and appeal.
1)
The authority to grant the use of the right-of-way in the AE district for a private purpose is a non-delegable function of the Laredo City Council and the limitations on such use are set forth in this section. The City has a compelling state interest in the regulation of public rights-of-way and therefore, there shall be no waiver or variance to any of the provisions of this section.
2)
An applicant whose application for a sidewalk café license has been denied may petition, in writing, the Building Services Director to reconsider the basis for his/her denial of a sidewalk café license within fifteen (15) calendar days of the applicants notice of denial of a sidewalk café license.
3)
Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or review of the denial.
4)
In its petition, the applicant must indicate the provisions of the denial objected to, the reasons for the objection(s), any facts that are contested, the evidence that supports the applicant's view of the facts, any alternative terms that the applicant would accept.
5)
Within thirty (30) calendar days of the submittal of a petition for reconsideration, the Building Services Director shall review the petition, and shall either:
a)
Grant the petition;
b)
Deny the petition; or
c)
Grant the petition in part and deny it in part.
6)
Any applicant whose petition for reconsideration by the Building Services Director has not been granted in its entirety and who remains adversely affected by the Building Services Director's decision may appeal the decision to the City Council by filing a written appeal with the City Manager, specifying the reasons thereof, within fifteen (15) days of the time the decision is issued and the City Council shall hear the matter within sixty (60) days.
(e)
Sidewalk café license fee/duration/expiration/suspension/revocation/transferability:
1)
Each sidewalk café license issued shall contain, at a minimum, the name of the holder of the license (restaurant owner), the address of the restaurant engaged in the sidewalk café, the telephone number of the restaurant, the number of tables and chairs allowed in the café area, the capacity of the café area, whether the café area has an enclosure and a copy of the approved site plan.
2)
The fee for a sidewalk café license shall be fifty dollars ($50.00) for the first year and one hundred dollars ($100.00) for each subsequent year.
3)
A sidewalk café license may be transferred to a new owner of the restaurant for a fee of twenty-five dollars ($25.00).
4)
Each and every sidewalk café license shall expire on December 31st of each year.
5)
The fee for review and approval of a sidewalk café shall be prorated as of the date of issuance of the license (for example the fee for a license issued on March 1 of any given year shall be calculated by dividing the license fee by twelve (12) (months) multiplied by the number of months remaining until the date of expiration of the license (December 31).
6)
The Building Services Director shall suspend a sidewalk café license upon the issuance of any citation for the violation of any of the provisions of this section until the violation has been remedied or the Building Services Director or the municipal court make a finding that there has been no violation.
7)
The Building Service Director shall revoke the sidewalk café license upon a finding of guilt by the municipal court during any license year of three (3) or more violations of any of the provisions of this section.
8)
A sidewalk café license shall not be issued for the remainder of any license year nor the next license year to any restaurant owner who has been found by the municipal court to have violated the provisions of this section more than six (6) times during a license year (habitual violator).
(f)
Enforcement and penalties.
1)
A person who violates this chapter, or who fails to perform an act required of him by this chapter, commits an offense. A citation shall be issued if any violation and non-compliance of sidewalk café rules and regulations are found.
2)
A person violating a provision of this chapter commits a separate offense for each day or part of a day during which a violation is committed, continued, or permitted.
3)
A culpable mental state is not required for the commission of an offense under this section that is punishable by a fine not exceeding five hundred dollars ($500.00), unless the provision defining the conduct expressly requires a culpable mental state.
4)
Unless specifically provided otherwise in this chapter, an offense under this chapter is punishable by a fine not to exceed:
a)
Two thousand dollars ($2,000.00) if the provision violated governs public health or sanitation;
b)
The amount fixed by state law if the violation is one (1) for which the state has fixed a fine; or
c)
Five hundred dollars ($500.00) for all other offenses.
Section 24-66.1 - HISTORIC DISTRICT PURPOSE
The purpose of the historic district specific use zoning overlay district is to establish regulations which will safeguard the historic, archaeological, architectural and cultural resources of the City, promoting preservation, restoration, and rehabilitation of those resources or ensuring the compatibility of new construction within designated historic districts. The requirements of this district are in addition to the requirements of the underlying zoning district.
Section 24-66.2 - CREATING HISTORIC DISTRICTS
1.
Authority. Pursuant to Texas Local Government Code, Chapter 211, Municipal Zoning Authority as amended, municipal governments are given authorization for historic preservation.
The City Council of the City of Laredo is authorized to create, define, amend or eliminate historic districts subject to the provisions of this Code. Such districts shall bear the word "historic" in the zoning designation as a supplemental zoning designation; property therein shall continue to bear its use designations by letter and number as provided in the zoning ordinance of the City (e.g. H-B-3, H-RO, H-B-1, etc.). (Three (3) historic districts have been designated: San Agustin de Laredo, Old Mercado, and St. Peter's). Before making any such designation, the City Council shall receive a report and recommendation from the Historic District/Landmark Board as established herein, through the Planning and Zoning Commission, which shall recommend for or against such as zoning designation according to the procedures presently used to consider other zoning designations or changes.
2.
Requirements for creation. Areas within the City limits of Laredo to be grouped together as a historic district shall meet the following criteria:
(1)
a.
Shall be a "registered" historic district; or
b.
Shall have documentation establishing its contribution to the historic and cultural heritage of the City; or
c.
Shall have documentation establishing its archaeological or architectural significance; and
d.
Shall have documentation describing the need for such a district to be created to assist in the preservation of the City's history and cultural heritage and its relationship to the City's Comprehensive Plan;
e.
Shall be endorsed in writing by the Webb County Historical Commission and the Webb County Heritage Foundation.
(2)
A public hearing shall be held to receive testimony for and against the creation of such a district.
Section 24-66.3 - DESIGNATING LOCALLY SIGNIFICANT HISTORIC LANDMARKS
1.
Authority. The Historic District/Landmark Board is authorized to designate individual sites and structures as locally significant historic landmarks subject to the provisions of this Code.
2.
Requirements for designation. Structures and sites considered for designation as locally significant historic landmarks shall meet the following criteria:
(1)
a.
Shall be a Recorded Texas Historic Landmark or listed individually on the National Register of Historic Places; or
b.
Shall have documentation establishing its contribution to the historic and cultural heritage of the City; or
c.
Shall have documentation establishing its archaeological or architectural significance; and
d.
Shall retain sufficient structural and architectural integrity to permit rehabilitation, restoration and/or preservation as determined by the Building Official; and
e.
Shall be endorsed in writing by the Webb County Historical Commission and the Webb County Heritage Foundation;
f.
Shall submit a one hundred dollar ($100.00) application fee.
(2)
A public hearing shall be held to receive testimony for and against the designation of any structure or site.
(3)
The board shall make finding concerning the following which shall be entered in the minutes of the meeting:
a.
The site or structure meets the requirements for local designation established in this section, and that a public hearing(s) was held in conformance with this chapter; and
b.
The designation as a locally significant historic landmark is necessary to assist in the preservation of the City's historic and cultural heritage; and
c.
The designation conforms to the purposes and intent of the City's comprehensive plan.
(4)
The designation of any structure or site as a locally significant historic landmark may be appealed to City Council within six (6) months of such designation, subject to such procedures as the Council shall establish. Following a public hearing, the Council shall make a final determination concerning the designation.
3.
Procedural requirements. An application for designation as a locally significant historic landmark shall be submitted to the City Department of Planning on a form approved by the board, and shall contain the following information:
(1)
a.
The name, address and telephone number of the individual or entity seeking designation.
b.
The location and address of the property to be designated.
c.
The name, address and telephone number of the owner of the property if different from that of the applicant.
d.
Documentation substantiating the historical, cultural, architectural, or archaeological significance of the property.
e.
Letters of endorsement from the Webb County Historical Commission and the Webb County Heritage Foundation.
(2)
Upon receipt of an application, the Building Official or his designee shall inspect the property, and shall prepare a report concerning the structural and architectural integrity of any structure nominated. This report is to be presented to the board at the public hearing and noted in the official minutes.
(3)
The board shall consider the application at its next regular meeting, and may request additional information as may be required.
(Created: 2012-O-160, 9/17/12)
Section 24-66.4 - PROVISIONS RELATING TO HISTORIC DISTRICTS AND LOCALLY SIGNIFICANT HISTORIC LANDMARKS
1.
No permit shall be issued for the alteration, construction or demolition of any structure located in a historic district or for any locally significant historic landmark without the approval of the Historic District/Landmark Board, provided, however, that immediate demolition may be ordered by the Building Official for any structure in imminent danger of collapse which in the opinion of the Building Official represents a significant threat to the public safety.
2.
No permit shall be issued for the installation of any sign or monument in the historic district without the prior approval of the Historic District/Landmark Board.
3.
The following activities are exempt from Historic District/Landmark Board review:
(a)
The proposed use, interior arrangement, or interior design of any structure.
(b)
Repairs and renovations to existing buildings which do not alter the exterior appearance.
(c)
Activity which does not require a building permit.
(d)
The addition, repair, or renovation of utilities and services such as power, water, sewer, and communication lines.
4.
The Historic District/Landmark Board may authorize staff to administratively approve activities which require Board approval.
(Ord. No. 2021-O-091, § 1, 5-17-21)
Section 24-66.5 - PROCEDURAL REQUIREMENTS FOR REVIEW OF LANS BY HISTORIC DISTRICT/LANDMARK BOARD
1.
Contents of application.
(1)
Every application or review involving alterations and/or additions to existing structures in a historic district, or locally significant historic landmarks, or the erection of any new structure within a historic district shall be accompanied by drawings and submitted for approval by the Historic District/Landmark Board. For the proposed alteration, addition or changes and for new construction, plans and exterior elevations shall be drawn to scale and shall include proposed materials, textures, and colors, and site layout, including parking lots, fences, walls, walks, terraces, plantings, accessory buildings, signs, lights and other elements.
(2)
The applicant shall submit with the application legible photographs of all sides of the building under consideration and photographs showing contiguous properties.
(3)
Applications shall be filed with the Historic Preservation Officer before meeting with the Historic District/Landmark Board not less than twenty (20) days prior to a regularly scheduled meeting of the board.
(4)
The fee for each application is one hundred dollars ($100.00).
2.
In review of applications, the Historic District/Landmark Board shall seek outside expertise in the fields of history, architecture, architectural history, or archaeology, when a professional is not represented on the board and an action considered is normally evaluated by a professional in such disciplines.
(Created: 2012-O-160, 9/17/12)
Section 24-66.6 - MISCELLANEOUS PROVISIONS—PARKING REGULATIONS
1.
The Building Official upon written application and good cause shown may waive up to fifty percent (50%) of the off-street parking requirements in those cases which involve the rehabilitation, restoration, or preservation of a structure in a historic district or a locally significant historic landmark.
(Amended by Ord. No. 2019-O-199, § 24-66.6, 1/21/20)
Section 24-66.7 - VIOLATIONS; PENALTIES
Any person(s), firm or corporation violating any provision of this section shall be guilty of a misdemeanor, and each shall be deemed guilty of a separate offense for each day or portion thereof during which any violation hereof is committed, continued or permitted, and upon conviction any such violation shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) for each day that the violation exists.
Section 24-68.1 - AIRPORT NOISE ZONING DISTRICT PURPOSE
The purpose of the airport noise specific use zoning overlay district is to protect the public health, safety, and welfare by regulating development and land use within noise sensitive areas and airport hazard areas; to ensure the compatibility of development between the Laredo International Airport and surrounding land uses; and to protect the airport from incompatible encroachment. The requirements of this district are in addition to the requirements of the underlying zone.
Section 24-68.2 - SUBDISTRICTS ESTABLISHED
The airport noise specific use zoning overlay district is subdivided into three (3) subdistricts that represent the average level of airport noise impact. The noise contours of the subdistricts are those identified in the FAR 150 Airport Noise Study, endorsed by the Planning and Zoning Commission and the City Council, as amended by the future action of the Federal Aviation Administration. The geographic location of these subdistricts is hereby adopted and indicated by contours on the zoning map of the City of Laredo. Subdistricts are established as follows:
Subdistrict C — Shall include the area within the 65 Ldn to 70 Ldn noise exposure area.
Subdistrict B — Shall include the area within the 70 Ldn to 75 Ldn noise exposure area.
Subdistrict A — Shall include the area with noise exposure greater than 75 Ldn.
Section 24-68.3 - APPLICATION AND EFFECT
1.
Uses and structures within the Airport Noise Specific Use Zoning Overlay District shall be subject to the requirements of Section 24-68.4 Airport Land Use Compatibility-noise and Appendix N Noise Attenuation Performance Standards for Structures Located in Airport Noise Specific Use Overlay Zoning Districts of the Standard Building Code; which requirements shall be in addition to those established in the underlying zoning districts and those standards of construction established by adopted building codes.
2.
Uses and structures not specifically permitted are prohibited.
3.
Nothing herein shall affect any legal non-conforming use existing at the time that this section is adopted, nor the right of the Council to approve any temporary use or structure by ordinance or resolution.
Section 24-68.4 - AIRPORT LAND USE COMPATIBILITY CHART
Land Use Charts
Section 24-68.5 - ADDITIONAL REQUIREMENTS
1.
Aviation easements shall be required over all property located within the airport noise specific use overlay zoning district as a condition of the approval of any residential subdivision, residential rezoning application, special use or conditional use permit. Such easements shall be in the form approved by the City Attorney, and shall be recorded in the deed or map records of Webb County.
2.
All proposed subdivisions of land, and applications for rezoning, or special or conditional use permits located within the airport noise specific use overlay zoning district shall include the boundaries of the district and subdistricts established herein, all existing and proposed buildings and structures, and the uses or proposed uses associated with those buildings and structures.
3.
All subdivision plats located within the airport noise specific use overlay zoning district shall contain a note which reads as follows: "This property (or a part thereof) is located within an area subject to potentially excessive airport noise levels. All uses and construction shall conform to the noise mitigation standards included in Appendix N — Noise Attenuation Performance Standards for Structures Located within the Airport Noise Specific Use Zoning Overlay District of the City of Laredo, incorporated herein and made a part hereof for all purposes."
Section 24-68.6 - APPEALS
Appeals or requests for variances in noise attenuation construction requirements established herein shall be to the Building Standards Board whose decision shall be final. All other appeals or requests for variances shall be approved by both the Airport Advisory Board and the Board of Adjustment.
Section 24-69.1 - STATUTORY AUTHORIZATION
The Legislature of the State of Texas has the Flood Control Insurance Act, Texas Water Code. Section 16.315, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City of Laredo. Texas does ordain as follows.
(Ord. No. 2024-O-102, § 1, 6-10-24)
Section 24-69.2 - FINDINGS OF FACT
(1)
The flood hazard areas of the City of Laredo are subject to periodic inundation, which results in loss of life and property, health and safety hazards. Disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. These flood losses are created by the cumulative effect of obstructions in floodplains, which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed, or otherwise protected from flood damage.
(Ord. No. 2024-O-102, § 1, 6-10-24)
Section 24-69.3 - STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(A)
Protect human life and health;
(B)
Minimize expenditure of public money for costly flood control projects;
(C)
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(D)
Minimize prolonged business interruptions;
(E)
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains;
(F)
Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
(G)
Ensure that potential buyers are notified that the property is in a flood area.
(Ord. No. 2024-O-102, § 1, 6-10-24)
Section 24-69.4 - METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
(A)
Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood or cause excessive increases in flood heights or velocities;
(B)
Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
(C)
Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;
(D)
Control filling, grading, dredging, and other development which may increase flood damage;
(E)
Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards to other lands.
(Ord. No. 2024-O-102, § 1, 6-10-24)
Section 24-69.5 - GENERAL PROVISIONS
A.
Lands to which this ordinance applies. The ordinance shall apply to all areas of special flood hazard within the jurisdiction of The City of Laredo.
B.
Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Webb County, Texas and Incorporated Areas," dated April 2, 2008 (which included Community Number 480651 and Index Panel Numbers: 48479C0975C, 1000C, 1015C, 1020C, 1030C, 1040C, 1045C, 1185C, 1195C, 1205C, 1210C,1215C, 1220C, 1360C, 1380C, 1385C, 1390C, 1405C, 1535C, 1555C), with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated April 2, 2008, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance.
C.
Establishment of Development Permit. A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance and is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate map enumerated in Section 24-69.3(B), without a valid floodplain development permit.
D.
Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations.
E.
Abrogation and Greater Restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
F.
Interpretation. In the interpretation and application of this ordinance, all provisions shall be: (1) considered as minimum requirements, (2) liberally construed in favor of the governing body, and (3) deemed neither to limit nor repeal any other powers granted under State statutes.
G.
Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur, and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.
(Ord. No. 2024-O-102, § 1, 6-10-24)
Section 24-69.6 - ADMINISTRATION
A.
Designation of the Floodplain Administrator. The Building Director is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management.
B.
Duties and Responsibilities of the Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(1)
Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance.
(2)
Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding.
(3)
Review, approve, or deny all applications for development permits required by the adoption of this ordinance.
(4)
Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
(5)
Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.
(6)
Notify, in riverine situations, adjacent communities, the State Coordinating Agency, which is the Texas Water Development Board (TWDB), and the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.
(7)
Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
(8)
When base flood elevation data has not been provided in accordance with Section 24-69.3, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source in order to administer the provisions of Section 24-69.5.
(9)
When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.
(10)
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1 -30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one (1) foot, provided that the community first completes all of the provisions required by Section 65.12.
C.
Permit Procedure.
(1)
Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
(a)
Elevation (about mean sea level) of the lowest floor (including basement) of all new and substantially improved structures;
(b)
Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; a certificate from a registered professional engineer or architect that the non-residential floodproofed structure shall meet the floodproofing criteria of Section 24-69(2);
(c)
Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
(d)
Maintain a record of all such information in accordance with Section 24-69.4(B)(1);
(e)
An elevation certificate shall be required before pouring the foundation for any new or substantially improved structure.
(f)
A two hundred dollars ($200.00) application fee shall accompany all applications for a floodplain development permit.
(g)
Floodplain verification letter requests shall incur a fee of twenty-five dollars ($25.00).
(2)
Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors:
(a)
The danger to life and property due to flooding or erosion damage;
(b)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(c)
The danger that materials may be swept onto other lands to the injury of others;
(d)
The compatibility of the proposed use with existing and anticipated development;
(e)
The safety of access to the property in times offload for ordinary and emergency vehicles;
(f)
The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems;
(g)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
(h)
The necessity for the facility of a waterfront location, where applicable;
(i)
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
(3)
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted to demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. Suppose buildable lots are proposed adjacent to the altered watercourse and fall within the existing floodplain. In that case, the applicant must submit any maps, computations, or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section 24-69.2 when notified by the Local Administrator and must pay any fees or other costs assessed by FEMA for this purpose.
D.
Variance Procedures.
(1)
The Board of Adjustment shall hear and render judgment on requests for variances from the requirements of this ordinance.
(2)
The Board shall hear and render judgment on an appeal only when it is alleged that the Floodplain Administrator erred in any requirement, decision, or determination made in enforcing or administering this ordinance.
(3)
Any person or persons aggrieved by the decision of the Board may appeal such decision in the courts of competent jurisdiction.
(4)
The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.
(5)
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this ordinance.
(6)
Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection C.(2) of this section have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.
(7)
Upon consideration of the factors noted above and the intent of this ordinance, the Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Section 24-69.1).
(8)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(9)
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the structure's historic character and design.
(10)
Prerequisites for granting variances:
(a)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(b)
Variances shall only be issued upon:
(i)
Showing a good and sufficient cause;
(ii)
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(iii)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(c)
Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(11)
Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
(i)
The criteria outlined in Section 24-69.4(D)(1)—(9) are met; and
(ii)
The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(Ord. No. 2024-O-102, § 1, 6-10-24)
Section 24-69.7 - PROVISIONS FOR FLOOD HAZARD REDUCTION
A.
General Standards. In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements:
(1)
All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2)
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
(3)
All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
(4)
All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed (example: floodproofing) and/or located (example: elevated eighteen (18) inches (or more) above the BFE) so as to prevent water from entering or accumulating within the components during conditions of flooding;
(5)
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(6)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and
(7)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
B.
Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in: (i) Section 24-69.3B, (ii) Section 24-69.4B.(8), or (iii) Section 24-69.5C.(3), the following provisions are required:
(1)
Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), together with attendant utilities (for example junction boxes, breaker boxes, electrical outlets, switches, plugs, HVAC systems, ale ductwork, hot water heaters or any non-structural system which when inundated with water would make the structure uninhabitable), elevated eighteen (18) inches (or more) above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection, as proposed in Section 24-69.4C.(1)a., is satisfied.
(2)
Nonresidential Construction - new construction and substantial improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement), together with attendant utilities (for example, junction boxes, breaker boxes, electrical outlets, switches, plugs HVAC systems, ale ductwork, hot water heaters or any non-structural system which when inundated with water would make the structure uninhabitable), elevated eighteen (18) inches (or more) above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification, which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the Floodplain Administrator.
(3)
Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in a location other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(a)
At least two (2) openings on separate walls with a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.
(b)
The bottom of all openings shall be no higher than one (1) foot above grade.
(c)
Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit floodwaters' automatic entry and exit.
(4)
Manufactured Homes.
(a)
All manufactured homes must be placed within Zone A on a community's FHBM or FIRM and shall be installed using methods and practices that minimize flood damage. For this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Anchoring methods may include but are not limited to using over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
(b)
Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites:
(i)
Outside of a manufactured home park or subdivision,
(ii)
In a new manufactured home park or subdivision,
(iii)
In an expansion to an existing manufactured home park or subdivision, or
(iv)
In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, the home must be elevated on a permanent foundation such that the lowest floor of the home is elevated eighteen (18) inches (or more) above the base flood elevation and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(c)
Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH, and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either:
(i)
The lowest floor of the manufactured home is eighteen (18) inches (or more) above the base flood elevation, and
(ii)
The manufactured home chassis is properly supported and to be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
Recreational Vehicles - Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either: (i) be on the site for fewer than one hundred eighty (180) consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Section 24-69.4C.(1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system. It is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
C.
Standards for Subdivision Proposals.
(1)
All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall be consistent with Sections 24-69.1B. and C. and Section 24-69.2 of this ordinance.
(2)
All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet Floodplain Development Permit requirements of Section 24-69.3C., Section 24-69.4C., and the provisions of Section 24-69.5 of this ordinance.
(3)
Base flood elevation data shall be generated for subdivision proposals and other proposed development, including the placement of manufactured home parks and subdivisions which is greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to Section 24-69.3B. or Section 24-69.4B.(8) of this ordinance.
(4)
All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
(5)
All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electric, and water systems located and constructed to minimize or eliminate flood damage.
D.
Standards for Areas of Shallow Flooding (AO/AH Zones). Located within the areas of special flood hazard established in Section 24-69.3B., are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
(1)
All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated eighteen (18) inches (or more) above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least three (3) feet if no depth number is specified).
(2)
All new construction and substantial improvements of non-residential structures:
(a)
Have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least three (3) feet if no depth number is specified), or
(b)
Together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
(3)
A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of subsection D. herein as proposed in Section 24-69.4 Care satisfied.
(4)
Adequate drainage paths around slope structures are required within Zones AH or AO to guide floodwaters around and away from proposed structures.
E.
Floodways. Floodways located within areas of special flood hazard established in Section 24-69.3B., are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential, the following provisions shall apply:
(1)
Encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2)
If Section 24-69.5E.(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 24-69.5.
(3)
Under the provisions of 44CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12.
F.
Severability. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance.
G.
Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Laredo from taking such other lawful action as is necessary to prevent or remedy any violation.
(Amended Ord. No. 2019-O-087, § 24.69 (24.69.1—24.69.7), 6/3/19; Ord. No. 2024-O-102, § 1 6-10-24)
Section 24-70.1 - PLANNED UNIT DEVELOPMENT DISTRICT PURPOSE
The purpose of the planned unit development specific use zoning overlay district is to enable the development of property and projects which because of design considerations, topographical features, environmental and/or other land use considerations may justify mixed uses, special dimensional standards, substitution of standards, or waiver of standards within a specified area. Planned unit development zoning overlay zones shall be established prior to or concurrently with any subdivision of land.
Section 24-70.2 - MINIMUM SIZE REQUIREMENTS
While there are no minimum size, area, or lot number restrictions in a planned unit development overlay zone, the intent is for multi-lot developments of significant size that have a positive impact on the neighborhood or surrounding developments.
(Ord. No. 2021-O-026, § 1, 2-1-21)
Section 24-70.3 - PRIVATE STREETS AND SIDEWALKS
1.
Planned unit developments which propose the use of private streets may be required to also provide public arterials, thoroughfares or collectors in or through the proposed project. All streets and access ways shall be adequate to provide traffic circulation, and emergency access to the proposed development.
2.
Multi-family, commercial, and industrial PUD's may also be required to conduct a traffic study prepared by a competent professional identifying the traffic impact of the proposed development within the boundaries of the development, and on any public street connecting with a proposed private street. The Planning and Zoning Commission may require the mitigation of any adverse impacts or traffic by off-site improvements, including providing additional lanes, providing for turning movements, signalization of intersections, construction of medians and other traffic control devices.
3.
Sidewalks may be waived by the Planning and Zoning Commission in residential PUD's only along private local streets where individual lot size exceeds twenty thousand (20,000) square feet. Sidewalks shall be provided along both sides of major thoroughfares in residential and commercial areas. No sidewalk shall be required in industrial planned unit developments.
4.
Construction standards for private streets shall meet or exceed those required by the City for public streets. Minimum paving widths shall be specified in the proposal, and are subject to the approval of the Planning and Zoning Commission.
5.
Private street developments shall take access from paved public roadways as follows:
6.
Utilities shall be located in dedicated easements which shall be identified in the subdivision platting process. All property shall be provided with approved public water and wastewater service.
7.
The City may, but is not required to provide garbage collection and disposal services.
8.
Planned unit developments may be approved in phases, provided however, that no phase shall provide for the extension of a private street into adjacent undeveloped land.
9.
Residential planned unit developments shall provide not less than zero and one one-hundredths (0.01) of an acre or four hundred forty-seven (447) square feet of park and open space per dwelling unit or residential building lot within the development at the time the property is platted. The Planning and Zoning Commission may allow a credit of up to fifty percent (50%) of the open space requirement for parkland located adjacent to a public or private school, and may grant credit up to fifty percent (50%) of the total acreage requirement for improvements to the park. Such improvements shall be credited at a rate of thirty-five thousand dollars ($35,000.00) per acre of park or open space required, or at such a rate as the Council may by resolution adopt.
10.
Street lighting shall be required along all private streets in conformance with the lighting standards required for public streets within the City. The cost of installation of street lighting on private streets shall be the responsibility of the developer. All maintenance and operating costs shall be the responsibility of the property owners association required under Section 24-70.4 of this Code.
Section 24-70.4 - PROPERTY OWNERS ASSOCIATION REQUIRED
Any project proposing the use of any common or shared property, including but not limited to private streets, common areas, common utilities, and party walls (shared), will be required to establish a non-profit association of homeowners or property owners pursuant to the requirements of the Texas Local Government Code and Section 501(c)(4) of the Internal Revenue Code. The association shall be organized for the purpose of assigning ownership of common property and providing a plan for the maintenance of all common and shared property associated with the project.
(Ord. No. 2021-O-026, § 2, 2-1-21)
Section 24-70.5 - SPECIAL ALTERATIONS PERMITTED
The planned unit development overlay zone may specifically alter the following:
a.
Required colors and construction materials for facades;
b.
Minimum lot, height, and setback dimensions;
c.
Fencing and screening types;
d.
Density;
e.
Parking; and
f.
Street and sidewalk configuration; with approval from the Traffic Director.
These alterations may be more or less restrictive than the standard development requirements contained elsewhere in the land development code and subdivision ordinance. It is specifically provided that any such approved alterations shall not be waived by the Building Official or the Board of Adjustment.
(Ord. No. 2021-O-026, § 3, 2-1-21)
Section 24-70.6 - APPROVAL SITE PLAN BINDING
(1)
The owner/developer shall submit a site plan to the commission for review. The site plan shall be prepared by an architect, landscape architect, engineer or planning consultant, and shall include the following information at a level of detail to permit final approval by the Commission.
a.
Survey of the property, showing existing features of the property, including contours, buildings, structures, trees over four (4) inches in trunk diameter, streets, utility easements, right-of-way and land use.
b.
Site plan showing proposed building locations and land use areas.
c.
Streets rights-of-way, parking, layout, and pedestrian walks.
d.
Landscaping plans including site grading and/or landscape design.
e.
Preliminary drawings for buildings (if any) to be constructed in the current phase, including floor plans, exterior elevations and cross-sections.
f.
Preliminary engineering plans, including street improvements, drainage system and public utility extensions.
g.
Construction sequence and time schedule for completion of each phase for buildings, parking space and landscaped areas.
h.
Traffic impact analysis; scope to be determined by the Traffic Department Director.
i.
The site plan shall be drawn to a scale which best fits a 24"x36" sheet and ensures that all required elements are legible.
(2)
The site plan approval process may proceed concurrently with a zone change request for a PUD zone. However, plat approval with design alterations which do not conform with the Land Development Code and/or Subdivision Ordinance must wait until after the approval of the PUD zone and site plan, in order to be scheduled for consideration at a Planning and Zoning Commission meeting.
(3)
Building permit applications which do not conform to the approved site plan in a PUD shall require approval by the Planning and Zoning Commission. The Planning and Zoning Commission may authorize the Building Official to approve minor changes administratively. Such authorization shall require approved motion during a public hearing at a Planning and Zoning Commission meeting.
(4)
The fee for submitting or re-submitting a site plan to the Planning and Zoning Commission shall be the same fee for a zone change request, and shall require the same noticing procedures to surrounding property owners.
(Amended Ord. No. 2021-O-026, § 4, 2-1-21)
Section 24-73.1 - SPECIAL USE PERMIT REQUIRED
(1)
It shall be unlawful and a violation of this article for any person, acting either for himself or as an agent, employee, independent contractor or servant of any other person, to explore for oil and gas, or to commence operations, or to operate or service any well, or to drill, or to re-enter any well including to workover, re-complete, plug back, deepen, or activate any well or to re-enter any well which has been plugged and abandoned, or to engage in related storage of oil, natural gas, and other hydrocarbons within the corporate limits of the City without a specific use permit having first been issued by the authority of the Council in accordance with the terms of this chapter. No specific use permit shall be authorized for more than one (1) well.
(2)
Each applicant, when filing with the superintendent an application, for a specific use permit shall include a metes and bounds description of the drilling block proposed to be covered by the permit, to be prepared by a surveyor licensed by the state, which shall be situated within the outlines of drilling areas approved by the City Council. When so approved, such description shall become the official legal description of the drilling block therein for all purposes hereunder. The superintendent shall take into account the metes and bounds description of all previously approved drilling blocks in determining the propriety of the description furnished in connection with any permit application.
(3)
No specific use permit shall be issued except in accordance with the requirements of this section:
(a)
The council may establish conditions as part of the special permit, including but not limited to:
(i)
The hours of drilling operations, re-entry and well servicing limited to daylight hours only in developed areas, except in the case of an emergency.
(ii)
Use of all-electric drilling rigs and generators where any residential structure is less than six hundred (600) feet from the well.
(iii)
Lighting of drilling operations shall be screened to avoid adverse impact on adjacent residential neighborhoods.
(iv)
In lieu of a cyclone fence, all wells and tanks located in a developed residential or commercial area shall be screened by a solid masonry wall around the well within sixty (60) days of completion of drilling, redrilling, reworking, converting or activation. The wall shall be of solid neutral color, compatible with surrounding uses, and maintained in a neat orderly, secure condition. The wall shall be at least six (6) feet in height and be constructed in accordance with provisions of the City building code. The entry gates shall be of galvanized steel, and shall be kept locked.
(v)
For wells visible from a public street in a developed residential or commercial area, the site shall be landscaped in accordance with Appendix F-1, Table 2 "Recommended Shrubs for the Laredo Region" and Appendix F-2 "General Planting and Maintenance Standards for Trees and Shrubs". Shrubs shall be spaced as intervals of not less than three (3) feet along the perimeter of the solid masonry wall adjacent to the right-of-way, exclusive of driveway entrances, pedestrian walkways and cutback areas. The shrubs shall be maintained at a height of no more than thirty-six (36) inches nor less than eighteen (18) inches. The plan shall be submitted and approved by the superintendent, and shall be implemented with the installation of the masonry wall.
(b)
Public nuisance declared. The foregoing subsection notwithstanding, no person shall conduct any well operation in a manner that would create a noise, odor or vibration detrimental to the health, safety or welfare of the surrounding neighborhood or any considerable number of persons. Such operation is hereby declared to constitute a public nuisance and subject to the provisions of Chapter 21, Article II, of the Code of Ordinances pertaining to "Nuisances."
Section 24-73.2 - ADMINISTRATIVE ENFORCEMENT AND SUPERVISION
It shall be the duty of the superintendent or his/her designee to enforce the provisions of this article and to that end he is hereby vested with police authority. Any violation of this article shall be considered a Class C misdemeanor punishable with a fine of up to five hundred dollars ($500.00).
Section 24-73.3 - PERMIT REQUIRED FOR OIL AND GAS EXTRACTION AND PRODUCTION
(1)
It shall be unlawful and a violation of this article for any person, acting either for himself or as an agent, employee, independent contractor or servant of any other person, to explore for oil and gas, or to commence operations, or to operate and service any well, or to drill, or to re-enter any well including to workover, re-complete, plug back, deepen, or activate any well, or to reenter any well which has been plugged and abandoned, or to engage in related storage of oil, natural gas, and other hydrocarbons within the corporate limits of the City without a permit for oil and gas extraction and production having first been issued by the authority of the council in accordance with the terms of this section. No permit shall authorize oil and gas extraction and production at more than one (1) well.
(2)
No permit for oil and gas extraction and production will be approved unless the applicant for a permit affirms in writing:
(a)
That the applicant owns or controls an interest in the total operating rights in the proposed well; and
(b)
That applicant has access to the surface on which the operations will be conducted.
(3)
Such permit shall constitute sufficient authority for exploration, commence operations, operation of any well, drilling, workover, recompletion, re-entry, deepening, plug back, activation or conversion of any well, or re-entry of any well which has been plugged and abandoned, gathering of production, well servicing, repair, testing, plugging and abandonment of the well, and for the construction and use of all related facilities reasonably necessary or convenient in connection therewith for the storage of oil, natural gas, and hydrocarbons, including gathering lines and discharge lines on the well site; provided, however, that a new permit shall be obtained for the following activities: 1) re-entry for purposes of deepening or converting such well to a depth or use other than that set forth in the then current permit, and 2) re-entry for the purposes of reworking which does not deepen or convert such well to a depth or use other than that set forth in the current permit, and 3) well plugging and abandonment.
Section 24-73.4 - APPLICATION FOR OIL AND GAS EXTRACTION AND PRODUCTION PERMIT
An application for a permit shall be filed in duplicate (with all exhibits attached securely thereto) in the office of the superintendent for each separate activity other than that required for operations and well servicing activities. Such application shall be signed, and the accuracy of the contents thereof and exhibits thereto shall be sworn to before a notary public by the applicant, or a representative of applicant having legal authority to enter into contracts binding upon the applicant, shall contain a sworn statement that applicant shall comply with all requirements of this article and shall include, (as exhibits constituting a part of the same) where appropriate, the following:
(1)
The name and address of the applicant, and if the applicant is a corporation, the name and address of the registered agent for such corporation, and if the applicant is a partnership, the names and addresses of the general partners.
(2)
The name, address and telephone number of a person, other than applicant, designated as the local agent of the applicant to receive for the applicant all process, citation, notices and demands hereunder. If appropriate, more than one (1) telephone number should be furnished.
(3)
As Exhibit "1," the numerical designation of the drilling block covered thereby, the metes and bounds description as reflected by the survey description of the drilling unit and a signed and dated statement to the effect that, to the best of the knowledge and belief of the applicant, his application for permit to drill complies with all of the requirements of this Code.
(4)
In addition to the required metes and bounds description, a plat of the drilling unit proposed to be covered by the permit prepared and certified by a surveyor licensed by the state which shall show the proposed surface location of the well, its elevation, together with distances from such proposed surface location to the exterior boundary lines of such drilling unit. Such plat shall show distances from the proposed surface well location to any residence or structures intended for human occupancy which are located within six hundred (600) feet from such surface well location.
(5)
Proposed total depth of the well to be drilled.
(6)
Proposed casing, cementing and mud program of the well.
(7)
True copies of R.R.C. Form W-1 and R.R.C. drilling permit, shall be attached as Exhibits "2" and "3," respectively. The drilling permit shall show the API number assigned by the Texas Railroad Commission.
(8)
A copy of the notice to the Federal Aviation Administration of intention to drill such well shall be attached as Exhibit "4," if such notice is required by such agency.
(9)
An insurance certificate dated no more than ten (10) days prior to filing the application shall be attached as Exhibit "5." This certificate shall indicate that the applicant has complied with at least the minimum insurance requirements specified in this section, including the naming of the City as an additional named insured, and that the insurance covers the drilling, production and operation of wells within the City limits.
(10)
A copy of such bonds as required by this article shall be attached as Exhibit "6."
(11)
In the event the location is situated within the limits of the area subject to the authority of the International Boundary Water Commission (IBWC), a letter from an Officer in authority, of such commission authorizing the location for the drilling of such well should be attached as an Exhibit "7."
(12)
Fees shall be required for each of the permits required pursuant to this section. All applications for permits shall be accompanied by a filing fee by cashier's check or money order made payable to the City. The following fees shall be charged for permits in connection with oil and gas operations:
(a)
Drilling (includes operations and well servicing): one thousand three hundred dollars ($1,300.00).
(b)
Re-entry for deepening or conversion: one thousand three hundred dollars ($1,300.00).
(c)
Re-entry for reworking (which does not involve deepening or conversion): seven hundred fifty dollars ($750.00).
(d)
Well plugging/abandonment: five hundred dollars ($500.00).
(13)
Each application shall be accompanied by a list of the names and last known addresses of all record owners of interests in and to oil, gas, and other minerals under the property
(14)
The applicant shall furnish the superintendent with a signed, dated and sworn inventory of the drilling equipment to be utilized, which inventory shall include but not be limited to the types of pumps, engines, derrick, blow out prevention equipment and other necessary and appurtenant equipment to be used in drilling operations by the drilling contractor or the operator so as to reflect compliance with this article. Any substitution of equipment shall be approved by the superintendent.
(15)
The application shall be accompanied by applicants signed and dated statement that he agrees to present any evidence to the council in addition to the requirements of this article as may be requested by the council and that to the best of applicant's belief, the proposed drilling, completion and production operations can be conducted with safety.
(16)
The permit application shall include a statement by the applicant authorizing the City to expend such funds as may be necessary under the direction and advice of the Railroad Commission, under the circumstances, to regain well control.
(17)
Such application shall also contain a statement in which the applicant agrees to file with the office of the superintendent the reports described in this section.
Section 24-73.5 - PUBLIC NOTICE AND HEARING REQUIRED
No application for a permit for the drilling, re-entry for deepening or conversion, or re-entry for reworking of any well shall be approved prior to a public hearing before the City Council. The requirements for notice to property owners within two hundred (200) feet of the drill site shall be the same as those required for the issuance of a specific use permit.
Section 24-73.6 - TRANSFER OF PERMIT
A permit validly in force may be transferred from permittee to another operator upon approval of a written application by the City Council with a transfer fee equal to the original filing fee and a proper showing that such new operator has acquired by assignment obligations of the permittee under this section, and has complied with the insurance, bond, and all other requirements of this section. Upon approval by the City Council of such application, the City Council shall issue a substitute permit to such new operator and cancel the original permit.
Section 24-73.7 - TERM OF PERMIT
The term of a drilling permit shall be for a period of six (6) months, unless within such term operations are commenced, in which event the term shall continue as long thereafter as production is obtained or drilling, reworking, recompletion or well service operations are conducted with no cessation of all such production and operations for more than ninety (90) consecutive days, and until the well is plugged and abandoned in accordance with this article and a recommendation for release of the permit has been issued by the superintendent.
Section 24-73.8 - FUTURE ANNEXATION
(1)
The owner or operator of every existing well within any territory hereafter annexed shall, within six (6) months after date of annexation register such well or wells with the superintendent. The following information shall be submitted to the superintendent for purposes of registering an existing well:
(a)
A sketch or map showing the location in relation to a permanent marker, such as in a street or road intersection, or with metes and bounds referenced to a filed plat so as to show the exact location of the surface installation at the site of such well including the drilling block number and its elevation.
(b)
A short description of the surface installations, including tanks, pumping equipment, compressors, LTX units, etc.
(c)
A specification of existence of any buildings, structures or public roads to the well within six hundred (600) feet of the location.
(d)
An affidavit shall be attached verifying the truth of the statements contained in the application as well as showing the name of the operator and the name and addresses of the owners of the working interest.
(e)
A certificate of insurance prepared in accordance with the requirements of Section 24-73.1.
(f)
A copy of all railroad commission forms filed by such operator pertaining to such wells.
(2)
In the event the owner or operator of an existing well does not within six (6) months file an application to operate such well and receive the approval of the superintendent, it shall incur a penalty of fifty dollars ($50.00) per day until such application is filed.
Section 24-73.9 - SEISMIC SURVEYS
(1)
No geophysical work employing underground explosives will be permitted anywhere at any time within the City limits. Other geophysical systems employing the "thumper," "vibroseis," and other techniques not employing explosives will be permitted upon proper application and the payment of a seven hundred fifty dollar ($750.00) application fee. A proper application will include the following:
(a)
Letter of application requesting a geophysical permit. The letter shall set out when it is intended to begin the work and also the anticipated date of completion. A statement shall also be made relieving the City of any liability for damages which may result from that operation performed by the applicant.
(b)
The letter of application shall be accompanied by proof that applicant has complied with the insurance requirements as set out in Section 24-73.10.
(c)
A plat outlining the areas proposed to be covered by the survey.
(d)
Written and signed proof that applicant has obtained permission from the owners of the surface and subsurface to conduct such operations.
(2)
Before granting a permit for seismic survey, the council shall make findings that the work will not create a public nuisance nor be contrary to the public safety.
(3)
If the applicant is acting as contractor for another party, then a letter of authorization to perform such work must accompany the application.
Section 24-73.10 - BONDS AND INSURANCE
(1)
All operators shall maintain or cause to be maintained comprehensive general liability insurance and insurance coverage on their employees, agents and contractors (or require such insurance to be maintained), in addition to required workmen's compensation insurance, in at least the following amounts:
(2)
Prior to the issuance of any permit, the applicant shall file a bond with the City Secretary executed by the applicant as principal and by a good and sufficient corporate surety company. Such bond shall provide that the principal will remedy any and all damages to the streets, curbs, gutters, water lines, fire, hydrants and other public property, occasioned in any manner by the principal, his agents, employees, servants and contractors, and that applicant will reimburse the City for any expenditures made by the City. Such bonds shall inure to the benefit City; shall be in a form acceptable to the City Attorney; and shall be in the amount of one hundred thousand dollars ($100,000.00). The applicant shall not be required to post additional bond if he has in effect and on file with the City Secretary an approved bond, filed in connection with some other application for the same applicant, in the amount of one hundred thousand dollars ($100,000.00) as required by this section. Each bond shall be for a term of ten (10) years and shall be kept in effect by renewal on or before any expiration date unless the applicant is sooner released.
By the term "good and sufficient corporate surety company" is meant a surety company licensed to do business in the state and whose name appears on the current list of accepted surety on federal bonds published by the U. S. Treasury Department. Whenever in this article a bond is mentioned, such bond, to be acceptable, must have a good and sufficient corporate surety company as surety.
(3)
Release of bond. The permittee may have the bond released by the superintendent:
(a)
When the permittee ceases operations completes plugging of all wells for which permits are in effect removes all equipment and machinery, and files a written request for release of the bond with the superintendent.
(b)
When permittee assigns, transfers, or conveys his interest to another and the assignee, transferee, or recipient files a good and sufficient bond in accordance with the terms of this section.
Section 24-73.11 - DEED RESTRICTIONS AND SURFACE RIGHTS
(1)
Deed restriction provisions. Nothing contained in this section shall be construed as authorizing the drilling of any well where legally enforceable deed restrictions or covenants prohibit the drilling of such well.
(2)
Surface rights. Neither this section nor any permit issued hereunder shall be interpreted as granting any right or license to the permittee to enter upon or use any land; nor shall it limit or prevent the owner of such land to contract for any payment of any kind for damages or for rights or privileges with respect to surface rights.
Section 24-73.12 - ANNUAL INSPECTION FEE
There is hereby levied an annual per well inspection fee of one hundred fifty dollars ($150.00) which shall be due and payable during the month of January of each calendar year, and a failure to pay such fee shall be cause for revocation of any permit issued under this section. The superintendent will prepare an annual well inspection report which is to be made available to the operators prior to January first of each year. In the event an intent to plug and abandon a well has been filed with the superintendent prior to January 31, but which abandonment may not have been completed by January 31, payment of such one hundred fifty dollar ($150.00) fee for that well shall be excused provided such well is finally plugged and abandoned in accordance with this article prior to March first of that same year. A new well on which drilling operations are in progress on the 31 day of January shall be exempt from the one hundred fifty dollars ($150.00) fee for the remainder of that calendar year.
Section 24-73.13 - OPERATIONAL STANDARDS
(1)
In General. The operator is responsible for compliance with this section during all operations at the well. Any violation of any valid law or of any valid rule, regulation or requirement of any state or federal regulatory body having jurisdiction with reference to drilling, completing, equipping, operating, producing, maintaining, or abandoning oil or gas wells or related appurtenances, equipment or facilities, or with reference to firewall, fire protection, blow out protection or safety of persons or property shall be a violation of this section.
(2)
Well head setbacks.
(a)
No well shall be drilled or re-entered for deepening or conversion, the surface location of which is:
(i)
Within less than the height of the drilling rig plus twenty-five (25) feet from any street, alley or utility easement, unless the operator obtains a variance to be approved by the council.
(ii)
Within less than four hundred (400) feet from any residence or other permanent structure intended for human occupancy, unless the operator obtains a variance from council for which the operator provides notarized affidavits from all affected property owners within four hundred (400) feet of the proposed well stating consent to the proposed drilling or re-entry activity for deepening or conversion.
(iii)
Within less than four hundred (400) feet from any exterior boundary line or six hundred (600) feet from any building or land used by any public or parochial school, college, university, or hospital, or which is occupied by a church or a public building, unless the operator obtains a variance from council for which the operator provides notarized affidavits from all affected property owners within six hundred (600) feet from the proposed well stating consent to the proposed drilling or re-entry activity for deepening or conversion.
(iv)
Within less than four hundred (400) feet from the exterior boundary line of lands utilized for cemeteries or public parks, unless the operator obtains a variance from council.
(b)
No well shall be re-entered for reworking which does not involve deepening or conversion or for plugging and abandonment, the surface location of which is:
(i)
Within less than two hundred (200) feet from any residence or other permanent structure intended for human occupancy, unless the operator obtains a variance from council for which the operator provides notarized affidavits from all affected property owners within two hundred (200) feet of the proposed well stating consent to the proposed re-entry activity for reworking which does not involve deepening or conversion.
(3)
Development setbacks. Development setbacks shall be pursuant to the provisions in Section 24-77.2(12).
(4)
Mud requirements. Drilling mud shall be environmentally safe water-based fluid. No excess mud shall be allowed to accumulate on the site, and residues shall be removed following the completion of drilling operations. All post-drilling shavings shall be hauled out upon completion.
(5)
No well may be operated within the corporate limits where the hydrogen sulfide concentration exceeds the minimum standards authorized under Rule 36 of the statewide conservation rules.
(6)
Transport lines. Markers shall be installed to identify the location of collection and transport lines to prevent accidental rupture.
(7)
Pits. The use of earthen pits for reserve mud or waste material such as drilling mud, contaminated mud, drill stem test returns and the like shall not be permitted. However, earthen pits may be used for storage of fresh water and for drill cuttings only. A sump pit may be constructed and used to collect and temporarily hold runoffs from the rig. Upon completion of any well, any earthen pit and sump pits shall be emptied of contaminated materials, allowed to dry and filled with dirt and smooth leveled with the grade of the drilling block, and reseeded with native grass for erosion control.
(8)
Derricks and rigs. No operator shall use or operate any wooden derrick in connection with the drilling or reworking of any well, or permit any drilling rig or derrick to remain on the premises or drilling site for a period longer than sixty (60) days after completion or abandonment of any well. All engines shall be equipped with effective mufflers.
(9)
Drilling fluid. The bore hole of any well, while being drilled or reworked, shall at all times contain drilling fluid of sufficient density which a reasonably prudent operator in the area would use to keep the well under control.
(10)
Blowout preventer. Two (2) dually controlled, hydraulically activated ram-type blowout preventers with a manually operated lock with working pressure rating equal to the maximum anticipated wellhead pressure, but at least equal to the minimum internal yield pressure rating of the casing to which it is connected, shall be used for all drilling or completion operations involving the use of drill pipe or tubing after the surface casing has been set. For wells drilled to depths below protection casing an annular (Hydril) type blowout preventer shall be used in addition to the two (2) dually controlled blowout preventers specified. The mechanical operation of the blowout preventers shall be checked a minimum of every twenty-four (24) hours, recorded in a signed and dated log, and pressure tested prior to installation on each casing string at least once a week thereafter during the drilling and completing point. A choke manifold having the same working pressure rating as the preventers will be installed below the blowout preventer stack. In addition, the drilling rig, as part of its inventory, will have "inside blowout preventers" for each size and thread of tubing or drill pipe to be used in the drilling of such test well and any other type of safety equipment commonly used in the industry that may be requested by the superintendent. It is required that, upon obtaining a depth of three hundred (300) feet, a conductor lining or pipe be set and cemented to the bore hole throughout to the surface with attachment of adequate diverter or blowout preventers and testing thereof prior to drilling further.
(11)
Surface casing. All operators commencing drilling operations on a new well shall be required to set and cement a sufficient amount of surface casing to properly protect all fresh water sands in accordance with the requirements of the Texas Natural Resources Conservation Commission, the Texas Department of Health, and any other governmental agency having jurisdiction. The length of surface casing shall in no case be less than fifteen hundredths (0.15) of the length of the next string of pipe proposed to be set. The surface casing shall be new or used casing, inspected and pressure tested to have a minimum internal yield value, as defined by the API formula, of at least the product of one (1.0) pound per square inch times the total depth of which the surface casing is set and shall be cemented by the pump and plug method. A volume of cement shall be used which, according to accepted engineering procedures, is calculated to fill the annular space between the surface casing and well bore to the surface of the ground, the cement will be circulated with the pump until the returns of cement are observed at the surface of the ground, and the cement shall be allowed to stand for a period sufficient to develop one thousand (1,000) PSI compressive strength before the plug is drilled. If cement does not circulate to the surface, then in such event, a temperature survey shall be conducted to determine the depth reached by the cement, and at such time such remedial procedures shall be followed as directed by the superintendent. As to wells above four thousand (4,000) feet, the superintendent shall have the authority to grant exception to the surface casing requirements.
(12)
Setting and cementing casing. No well shall be drilled within the City limits without properly setting a conductor string of casing to a minimum depth of three hundred (300) feet below the surface of the ground. No wells shall be drilled without first cementing the casing string by the pump and plug method with a sufficient cement to completely fill all of the annular space behind such string to the surface of the ground. The same method shall be used for the cementing of the surface casing string to the sides of the hole. The production and/or protection string shall be cemented by the pump and plug method with sufficient cement to completely fill all of the annular space behind the production string to at least one hundred (100) feet above the highest oil and/or gas bearing horizons.
(13)
Production and protection casing. The producing or protection strings shall meet API specifications. Cementing shall be by the pump and plug method, and a volume of cement which is according to accepted engineering calculations, sufficient to fill the annular space between the casing and the well bore to a point at least one thousand (1,000) feet above the shoe, or the highest producing zone, whichever is the shallower depth. Cement shall be allowed to stand for a period sufficient to develop two thousand (2,000) PSI compressive strength before drilling the plug.
(14)
Drill stem tests. Open hole drill stem tests may be conducted only if the well effluent produced during the test is produced through an adequate oil and gas separator to storage vessels, the gas placed into a temporary line to flow into the air at a place approved by the superintendent, and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe. The superintendent shall shut down operations if, in the opinion of the superintendent, gas is being flared by the operator which is excessive or dangerous.
(15)
Formation pressures. No well shall be completed or operated in a zone which is reasonably anticipated to produce shut in pressures in excess of the working pressure rating of the standard API wellhead equipment on the well.
(16)
Wellheads. All wells shall be equipped with casingheads, tubingheads, and wellhead connections which conform to API standards. The casingheads used on such wells shall have working pressure ratings of not less than the highest pressure encountered in the area. All Christmas trees to be used by the operator in the City limits shall be tested to the related pressure after the same is installed, and a copy of such testings shall be furnished to the superintendent. The superintendent shall approve tubingheads and wellhead connections to be used on such wells which shall have working pressure ratings in excess of the well's shut in surface pressure. All such wells having a surface shut in pressure of three thousand (3,000) pounds per square inch or less shall be equipped with at least one (1) master valve and one (1) wing valve. All wells having surface shut in pressures in excess of three thousand (3,000) pounds per square inch shall be equipped with at least two (2) master valves and one (1) wing valve, and no such well shall have threaded connections between the surface safety valve and the Christmas tree.
(17)
Multiple completions. Multiple completions may be permitted by the superintendent when the casing, tubing and wellhead equipment is adequate, and the well is properly equipped with special packers for such purpose, together with all equipment customarily required for multiple completions. Except as provided in this section, multiple completion shall not be permitted.
(18)
Surface safety valves. A high-low surface safety valve shall be installed on all wells with a surface shut in pressure in excess of one thousand five hundred (1,500) pounds per square inch. In addition, a cutoff safety valve will be installed downstream from the wellhead equipment, or as directed by the superintendent.
(19)
Daily reports. Daily drilling reports shall be furnished by the operator to the superintendent. The superintendent or his agent will make periodic inspections, of all wells in the process of being drilled or completed to ascertain that all provisions of this article are being observed. Prior to the running of casing, cementing operations, installation of production equipment or perforation operations, the operator shall notify the office of the superintendent in sufficient time so that the superintendent may be present.
Section 24-73.14 - FINAL REPORT
Within thirty (30) days after completion of any well, the operator shall file in the office of the superintendent a final report including the casing program actually utilized in the well, all cementing affidavits, all tests, a description of equipment and all necessary reports required by all governmental regulatory bodies or agencies having jurisdiction. In addition, such final reports shall specify any changes in well location, depth, and any other variation from the terms of the application. The final report shall specify the perforated interval and include information pertaining to other sands, if any. The superintendent may request from the operator that he furnish to the superintendent copies of all logs run on such well. If such request is made by the City Council and such well is not a tite well, the operator shall furnish copies of such logs to the superintendent and if it is a tite well, he shall furnish them six (6) months after the completion of such well.
Section 24-73.15 - OPERATIONS MANAGEMENT
(1)
Well control. In the event of the loss of control of any well, the operator shall immediately take all reasonable steps to regain control of such well, regardless of any other provisions of this article and shall notify the superintendent by telephone and in writing as soon as practicable after receipt of notice of the occurrence of such loss of well control endangering persons or property.
If and when the superintendent certifies in writing to the City Secretary that in his opinion:
(a)
Danger to persons or property exists because of such loss of well control, briefly describing the same, and
(b)
The operator is not taking, or is unable to take, reasonable necessary steps to regain control of such well;
The operator shall employ any well control expert or experts or other contractors or suppliers of special services, necessary to regain control of such well.
(2)
Relief wells.
(a)
Drilling of a relief well may be commenced without first securing a permit if such action is deemed necessary in the good faith opinion of the operator. The operator shall make all reasonable efforts to notify the superintendent by telephone as soon as feasible, but failure to make such notification shall not be deemed a violation of this article. Within twenty-four (24) hours thereafter, the operator drilling the same shall notify the superintendent that such operations have been commenced, stating fully the reasons therefore, and shall within five (5) days after commencement of operations make application to the superintendent for a special permit to drill such well as a "relief well."
(b)
No filing fee is required for a "relief well" permit, but the operator drilling such relief well shall furnish the superintendent any information with respect to such relief well as may be requested from time to time by the council or the superintendent. No such well drilled as a relief well under the provisions of this section shall be completed as a producing well unless a permit therefore shall have been issued in the same manner as is required for the drilling of any other well. A "relief well" permit will be for a six (6) months' period only, and any relief well not completed as a producing well shall be plugged and abandoned within six (6) months after commencement of drilling operations, unless an extension is granted by the City Council.
(3)
Pipelines. Before any excavation or construction work is commenced on any pipeline to move oil, gas, water or other product to or from any well site, on, over, under, along or across any City street, sidewalk, alley or other City property, a franchise shall first be obtained from the City Council. All pipelines shall be laid only in accordance with the provisions of such franchise, this Code, the City Charter and other ordinances of the City. Before a franchise is obtained from the City Council, the parties requesting such franchise shall present information to the City pertaining to the safety equipment to be used in the pipeline, the type of pipe to be used, and how the same compares to state and federal regulations for similar type pipelines to be operated within a City. All permanent pipelines, shall meet A.S.A. 331.8 specification or better. Any operator constructing a pipeline shall furnish the superintendent a centerline description plat showing the proposed and as-built location and size of such pipeline. No operator shall interfere with or damage any existing storm sewer, drainage facility, water line, sewer line or gas line, or facility of a public utility located on, under or across the course of any such pipeline. Temporary lines may be laid under revocable easements.
(4)
Storage facilities. Steel storage tanks shall be used for the storage of liquid hydrocarbons and shall be constructed, installed and maintained in a good and workmanlike manner. All such steel tanks shall meet the minimum quality and design standards of API 12B standard bolted steel tanks or API 12D standard welded steel tanks including recommended pressure and vacuum relief valves. All such tanks shall be equipped with a vent line and at the point where gas is vented to the atmosphere from such vent line a flame arrester shall be installed. Each tank or tank battery shall be surrounded by an earthen fire wall located at such a distance from the tanks and of sufficient height to hold and retain at least one and one-half (1½) times the maximum capacity of such storage facilities. An operator may use, construct and operate steel conventional separators and such other appurtenances as are reasonably necessary for treating oil, condensate, or gas at each tank battery location. Such facilities shall be constructed and maintained so as to meet or exceed API standards. All pressure vessels shall be equipped with both a regulation pressure relief safety valve and a bursting head.
(5)
Fired vessels. No fired vessel or open flame shall be located nearer than one hundred and fifty (150) feet from any well or storage tank.
(6)
Fences. Within sixty (60) days of completion of drilling, redrilling, reworking or converting, or activation of an idle well, drill sites are to be secured from unauthorized entry by appropriate means which may include gate guards or a cyclone fence of heavy gauge. The entry gates shall be of galvanized steel, and shall be kept locked. All wells and production facilities shall be adequately protected by a cyclone type fence of heavy gauge wire, at least seven (7) feet tall with an eighteen (18) inch or longer barbed wire apron around the top, with the fence and apron extended over entry gates. The entry gates shall be galvanized steel and cyclone-type mesh, and shall be kept locked to prevent unauthorized entry. Flashing red warning lights shall be installed as requested by the superintendent on the tank battery sites. Safety precautions normally taken by reasonably prudent operators shall be observed. The final design of the fence around the wells and production facilities shall be approved by the superintendent.
(7)
Pumping unit prime movers. Only electric prime movers shall be permitted for the purpose of pumping wells.
(8)
Vented gas. No operator shall allow gas to escape or be vented into the air except for bleed gas normally vented from standard gas flow controls and normal stock tank vapors. All gas burned shall be burned in a manner which does not create or constitute a fire hazard and the location of the torch, pipe or other burning device, the construction thereof, the maintenance thereof, and the operation thereof shall at all times be in full compliance with such regulations as may be from time to time issued by the City.
(9)
Salt water and waste water disposal. All salt water produced from any oil or gas well shall be disposed of in accord with the requirements of the Texas Railroad Commission. No person shall permit any crude oil, gas or other flammable petroleum product to spill over, overflow, leak, drain out, escape or accumulate in any sewer or about the premises, or on any surface, or in any open surface ditch or any other exposed surface conduit, or handle any hydrocarbon in any manner or amount which creates a potential fire hazard, or permit any condition which may pollute any surface or subsurface water or damage any publicly owned land.
(10)
Production equipment. The operator shall maintain all production equipment in good condition.
(11)
Premises to be kept clean. All surface areas utilized by an operator for production facilities shall be kept clear of dry grass, weeds and combustible trash or other rubbish or debris that would, if allowed to accumulate, result in a fire hazard. In the event the operator does not keep the premises clean, the superintendent may have it contracted and the payment of such work performed shall constitute a valid lien against the property.
(12)
Signs. Printed signs with at least two (2) inch letters reading:
"DANGER, NO SMOKING OR OPEN FLAMES ALLOWED," or similar words, and in Spanish "PELIGRO, NO FUMAR, MATERIAL COMBUSTIBLE," or similar words:
Shall be posted in conspicuous places on each well, storage tank or battery of tanks. The signs shall include well name, drilling block number, R.R.C. identification number, twenty-four (24) hour emergency telephone number, and notification telephone number of the Laredo Fire Department. Well and lease designations required by the Railroad Commission or any other governmental authority having jurisdiction shall also be displayed.
(13)
Blocking of streets and alleys. No street or alley shall be blocked or obstructed by any drilling or producing operations unless prior consent is obtained from the City, except in connection with emergency operations being conducted under or pursuant to Sections 22-81 and 22-82.
Section 24-73.16 - WELLS TO BE ABANDONED
(1)
All wells within the City limits which are not producing oil or gas on a regular basis will, be plugged and abandoned, except as follows:
(a)
Wells in use as water supply wells in compliance with rules and regulations of the Texas Natural Resources Conservation Commission and the Texas Department of Health.
(b)
Wells in use as salt water or waste disposal wells operating under a valid permit.
(c)
Wells used as injection or observation wells in secondary recovery, pressure maintenance or other improved recovery operations where such operations are conducted under a valid permit from the Railroad Commission.
(d)
Wells capable of producing oil or gas on a regular basis which are shut in.
(e)
Any well on which drilling, reworking, recompletion, or well servicing operations are in progress and continued with no cessation of more than ninety (90) consecutive days.
(2)
Whenever any well is abandoned, it shall be the obligation of the operator to plug such well in accordance with the rules of the Railroad Commission and this section. The operator shall submit to the superintendent's office twenty-four (24) hours in advance of the plugging operation an application for a permit which shall include a notice of intent of plug and abandon a description of the abandonment program and the filing fee. Whenever a drilling or reworking operation has just been completed on a well and the operator desires to plug and abandon such well, the twenty-four (24) hour notice shall be reduced to no less than a two (2) hour notice. The abandonment operations shall be conducted in such a manner to prevent well fluids from reaching the surface or contaminating subsurface fresh water zones.
(3)
Where enough of the producing or protective casing, has been removed from the well to expose the shoe of the surface casing, then a two hundred (200) foot cement plug shall be placed opposite the shoe of the surface casing to extend at least one hundred (100) feet downward and a similar one hundred (100) feet upwards from the shoe of the surface casing. Sufficient time shall be allowed for this cement to harden enough so that it will sustain the weight of drill pipe or tubing to this depth. The operator shall feel for the top of the plug to determine that the top is at least one hundred (100) feet above the shoe of the surface casing and is of sufficient hardness to hold the weight of the drill pipe or tubing to this depth. If a mechanical bridge plug or cement retainer is used in the middle of the cement plug, it will not be required to feel for the top of the plug. In the event the top of the plug is not one hundred (100) feet upwards from the shoe, then a second cement application will be required and tested as above. After the plug at the shoe has been successfully completed, then a minimum fifty (50) foot cement plug shall be set at the surface, after which the casing shall be cut off a minimum of five (5) feet below the surface of the ground and a one-half (½) inch steel plate welded over the top. The location shall then be backfilled and leveled.
(4)
Where the protective or producing string of casing to be left in the well extends upwards from the shoe of the surface casing so as to prevent the above described method of abandonment, then the following procedure will be used. A packer or cast iron cement retainer shall be set in the surface casing fifty (50) feet above the top of any other casing within the surface casing and sufficient cement shall then be squeezed below the packer or retainer to theoretically extend to one hundred (100) feet below the shoe of the surface casing and fill that portion up to the packer or retainer with the cement. The packer or retainer will be left in the well. If cement cannot be pumped into the annulus, the well shall be cemented in accordance with R.R.C. rules.
(5)
When casing is to be shot or cut off and pulled, a blowout preventer equipped to completely blank off the well bore and close off around the casing to be pulled shall be installed and tested prior to shooting or cutting off the casing.
(6)
In all cases prior to cutting any casing, the annulus between the casing to be recovered and the surface string of casing will be tested to determine whether this annulus is dead or pressured. In the event it is pressured then no casing will be recovered until this pressure is released to zero and the annulus filled with mud laden fluid of sufficient density to maintain zero surface pressure.
(7)
The well shall have a safety valve installed on the top of the casing string before any casing is shot or cut off. This safety valve shall not be removed until the first joint of casing has been pulled and shall then be kept immediately at hand so that it may be, if needed, reinstalled.
(8)
The well shall be completely filled at all times with mud laden fluid of sufficient density to prevent the entrance of formation fluids which would jeopardize well control during all casing and tubing operations. Periodic checks will be made of the mud fluid during displacing operations.
(9)
The operator shall have a responsible representative at the well during the setting and tagging of cement plugs and during the casing pulling operations, to ensure that the procedures outlined in the "Notice of Intent to Plug and Abandon" filed with the Railroad Commission are complied with and to ensure that other provisions of this article are complied with.
(10)
The superintendent shall inspect all abandoned and plugged wells for compliance with these requirements. No operator's bond shall be released unless the superintendent has issued a certificate of inspection.
Section 24-73.17 - ACCEPTANCE OF PERMIT
By acceptance of any permit authorized and issued pursuant to this section, any operator or permittee expressly stipulates and agrees to be bound by this section and to comply herewith and that by reference, the terms of this section shall be deemed to be incorporated in any permit issued pursuant to this section with the same force and effect as if this section was set forth verbatim in such permit.
Section 24-74.1 - DISTRICT PURPOSE
The purpose of the fire hazard specific use overlay zone is to establish standards for construction and building which will protect the public from unnecessary hazard of fire, and which will contribute to the prevention and suppression of fires within that district.
Section 24-74.2 - DISTRICT ESTABLISHED
The fire hazard specific use overlay zone is hereby established as follows:
(a)
An area north of the Rio Grande River, west of interstate highway 35, south of Moctezuma Street and east of Santa Rita Avenue; and
(b)
An area extending from the intersection of Santa Rita and Hidalgo, west two (2) blocks to Santa Isabel, then south along Santa Isabel to the Rio Grande River, then westerly along the Rio Grande river to the intersection of Eagle Pass Avenue and the Rio Grande River, then northward along Eagle Pass Avenue to Grant Street, then westward along Grant Street to Evans, then northward to the south boundary line of Ft. MacIntosh to Callaghan Street, then eastwards two (2) blocks to the intersection of Pinder, then south to Coke Street, then east to Eagle Pass Avenue, then north to Callaghan Street, then east to Santa Rita, then south to the point of beginning.
Section 24-74.3 - APPLICATION AND EFFECT
(a)
Uses and structures within the fire hazard specific use zoning overlay district shall be subject to the requirements of Section 24-68.4 Fire Hazard Land Use Requirements; which requirements shall be in addition to those established in the underlying zoning districts and those standards of construction established by adopted building codes.
(b)
Uses and structures not specifically permitted are prohibited.
(c)
Nothing herein shall affect any legal non-conforming use existing at the time that this section is adopted, nor the right of the council to approve any temporary use or structure by ordinance or resolution.
(d)
Hazardous occupancy and the storage of hazardous material shall be prohibited. The determination of a hazardous occupancy or material shall be made by the Fire Chief.
Section 24-74.4 - CONSTRUCTION STANDARDS
Section 24-74.5 - APPEALS
Appeals or requests for variances to the standards established herein shall be to the Building Standards Board, whose decision shall be final.