Be It Ordained by the Board of Aldermen of the City of Bayou Vista

ORDINANCE NO. 2013-03

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYOU VISTA, TEXAS, BY ADDING A NEW ARTICLE 3.122 OF CHAPTER 3, PROVIDING THE STANDARDS FOR PALAPA CONSTRUCTION, REQUIRING A PERMIT AND REQUIRING INSPECTIONS.

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BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BAYOU VISTA,

TEXAS:

Section 1.The Code of Ordinances of the City of Bayou Vista, Texas, is

hereby amended by adding a new Article 3.122 in Chapter 3 thereof, to provide as

follows:

“ARTICLE 3.122. STANDARDS FOR PALAPA CONSTRUCTION

Sec. 3.123Definition

a.Palapa (a Spanish word of Mayan origin, meaning “pulpous leaf”). An open- sided structure in the style of a dwelling with a permanent thatched, composition, or metal roof.

Sec. 3.124General

a.In order to promote orderly and consistent development of the City of Bayou Vista, Texas, the City adopts the following rules, regulations and requirements for the construction of palapas.

1.Prior to the construction of a palapa a survey or plot plan of the property showing the location of the proposed structure must be presented to the Building Inspector.

2.Dimensioned construction drawings for the palapa construction, including any paving and electrical, must be presented to the Building Inspector.

3.Measurements of a palapa must be shown as the outside perimeter of the circumference of the underneath support with leaf overhang of no more than two (2) feet.

4.Upon request of the Building Inspector, information on the covering material, including manufacturer’s specifications for material fire treatment and netting to provide stability in high winds must be furnished.

5.A $50.00 permit must be obtained prior to construction.

Sec. 3.125Setback, Separation, and Size Requirements

1.Palapa structures may not be located closer than five (5) feet to any side property line.

2.Palapas may not be located within street-side utility easement.

3.Palapas may only be located on the ground floor (street level).

4.A palapa may not exceed 240 square feet (measured as stated in Sec. 3.124 – 3.

Sec. 3.126Inspections

1. At a minimum, inspections by the Building Inspector shall be required for the foundation, electrical (if any) and final inspection.”

Section 2.All ordinances and parts of ordinance in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 3.In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the Board of Aldermen of the City of Bayou Vista, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.”

PASSED, APPROVED, AND ADOPTED on first and final reading this ____ day of ______2013.

Vaun Henry, Acting Mayor

ATTEST:

Paula J. Eshelman, City Secretary