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Home My WebLink AboutO-2023-3953ORDINANCE NO, 2023-3953 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO CLASSIFICATION OF SHORT-TERM RENTAL USES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, "Zoning," Article III. "Districts", Division 2 "Residential District Regulations", Section 106-331 "Table A, residential uses", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding a new use classification within the table established in such section for short-term rental uses, which said use classification shall be inserted within such table in the proper numerical sequence, and hereinafter shall read as follows: Uses (NAILS Code #) R-1 R-2 R-3 MH LL Short -Term Rentals (721199) P(d) P(d) P(d) P(d) P(d) (Except hotels, motels, casino hotels and bed & breakfast inns) Section 2: That Chapter 106, "Zoning," Article III. "Districts", Division 3, "Commercial District Regulations", Section 106-310 "Table A, Commercial & Industrial Uses", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding a new use classification within the table established in such section for short-term rental uses, which said use classification shall be inserted within such table in the proper numerical sequence, and by adding new Footnote 21, to hereinafter read as follows: 2017 NAICS Code 2017 NAICS Title * * C MS GC MU BI LI HI 721199 Short -Term Rentals (Except hotels, motels, casino hotels and bed & breakfast inns) P21 P21 21 Operation of Short -Term Rentals subject to necessary governmental permits and licenses with evidence of such placed on record with the city. Short Term Rental Use prohibited in structures utilized for commercial purposes. In the Main Street Overlay, Short -Term Rental use is prohibited on the first floor. ORDINANCE NO.2023-3953 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO CLASSIFICATION OF SHORT-TERM RENTAL USES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, "Zoning," Article III. "Districts", Division 2 "Residential District Regulations", Section 106-331 "Table A, residential uses", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding a new use classification within the table established in such section for short-term rental uses, which said use classification shall be inserted within such table in the proper numerical sequence, and hereinafter shall read as follows: Uses (NAILS Code #) R-1 R-2 R-3 MH LL Short -Tenn Rentals (721199) P(d) P(d) P(d) P(d) P(d) (Except hotels, motels, casino hotels and bed & breakfast inns) Section 2: That Chapter 106, "Zoning," Article III. "Districts", Division 3, "Commercial District Regulations", Section 106-310 "Table A, Commercial & Industrial Uses", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding a new use classification within the table established in such section for short-term rental uses, which said use classification shall be inserted within such table in the proper numerical sequence, and by adding new Footnote 21, to hereinafter read as follows: 2017 NAILS Code 2017 NAILS Title ** C MS GCMU BILIHI 721199 Short -Term Rentals (Except hotels, motels, casino hotels and bed & breakfast inns) 21 P21 21 Operation of Short -Term Rentals subject to necessary governmental permits and licenses with evidence of such placed on record with the city. Short Term Rental Use prohibited in structures utilized for commercial purposes. In the Main Street overlay, Short -Term Rental use is prohibited on the first floor. Section 3. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of LaPorte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 5 51, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the 25th day of SEPTEMBER 2023. CITY OF LA PORTE, TEXAS 100 Louis R. Rigby, Mayor ATTES Lee Woodward, City Secretary APPROVED AS TO FORM Clark Askins, City Attorney Section 3. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 4. Each and every provision, paragraph, sentence and clause of this ordinance has been separately considered and passed by the City Council of the City of LaPorte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 5 51, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this, the 25t" day of SEPTEMBER, 2023. ATT S � QO irrrrr•••• �' • - r Lee o dv and Cit reta CITY OF LA PO , EXAS Louis R. Rig*, Mayor APPROVED AS TO FORM: Clark Askins, City Attorney