O-2019-3736 Amending Chapter 106, "Zoning" in connection with a review and update to Chapter 16, "Zoning"

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(k) Group care facilities (aka community homes, residential personal care homes, living centers, assisted living centers and similar uses as identified in NAICS group #623 (Nursing and Residential Care Facilities). (1) Location: Facilities, in compliance with the Texas Human Resources Code (Ch. 123 and 105), Administrative Code (Ch. 92) and Health & Safety Code (Ch. 247, shall be permitted as a use - by -right in R-1 Low Density Residential, R-2 Mid Density Residential, R-3 High Density Residential, MH Manufactured Housing and LL Large Lot Districts. (2) Distance Requirement: Group care facilities shall not be closer than 1,000 feet to a similar use (NAICS group #623). Measurement shall be from the nearest boundary of the sites on which they are located. (3) Signage: Group care facilities located within a residential neighborhood shall be allowed to have one sign not exceeding two square feet in area, non -illuminated and mounted flat against the wall of the principal building. (4) Visual Compatibility: There shall be no change in the outside appearance of the building or premises. No structural alterations shall be permitted that will cause the group care facility to be substantially distinguishable from other surrounding residential properties. (5) Registration Requirement: Facilities providing food and shelter to three or less persons, who are unrelated to the proprietor of the establishment, shall comply with all city regulations and register their facility with the city annually by obtaining a Group Care Facility Certificate. The certificate cost shall be at the rate established in appendix A, Fees, of this Code, shall expire on December 31 st of each year. Such fee shall be payable to the city on or before December 15th for the next succeeding calendar year. The fee provided for in this article shall not be subject to proration or reduction for payment for a period of less than twelve (12) calendar months. Operation of a facility without first having obtained the required certificate shall be deemed a violation of this article. (6) Payment of Taxes: All ad valorem taxes on any and all property, personal or real, necessary to the operation of the facility must be paid prior to the issuance or renewal of the certificate. (7) Display of Certificate: Every facility so registered shall display an active certificate in a conspicuous place, within the facility common area, so as to be easily seen by the public. (8) Access to the Facility: City personnel shall have the right -of -entry to ensure safe habitability and public safety. City personnel shall advise on-site facility personnel of the purpose of their visit. (9) Annual Inspection: The Fire Marshal's Office shall perform a minimum of one annual inspection for each group care facility. Facilities shall comply with all applicable city codes, ordinances, policies and regulations. (1) Facilities shall be in compliance with the Texas Human Resources Code (Ch. 123 and 105), Administrative Code (Ch. 92) and Health & Safety Code (Ch. 247). To ensure compliance with state regulations, a copy of the facility's active State license shall be provided to the city, when requested by staff. Section : That Section 106-797 "Property Line Fences in Commercial and Industrial Districts", Article V "Supplementary District Regulations", Division 4 "Fencing and Landscaping Requirements", of Chapter 106, "Zoning," of the Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: "Sec. 106-797. — Property line fences in commercial and industrial districts. Fences in commercial and industrial zones which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a