HomeMy WebLinkAboutO-1988-1501-E
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ORDINANCE NO. l50l-e
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AN ORDINANCE AMENDING ARTICLE III, OF ORDINANCE NO. 1501, THE CITY
OF LA PORTE ZONING ORDINANCE, AMENDING SECTION 10-1000 COMMERCIAL
USE TABLE B; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON
CONVICTION BE FINED A SUM OF NOT MORE THAN ONE THOUSAND DOLLARS
($1,000.00) FOR EACH VIOLATIONi FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAWi PROVIDING A SEVERABILITY CLAUSEi AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
finds, determines and declares that heretofore, to-wit, on the 25th
day of August, 1988, at 7:00 p.m., a public hearing was held before
the Planning and Zoning Commission of the City of La Porte, Texas,
pursuant to due notice, to consider the question of the possible
amendment of the Zoning Ordinance as herein described. There is
attached to this Ordinance as Exhibit "A", and incorporated by
reference herein and made a part hereof for all purposes, the
publisher's affidavit of publication of notice of said hearing.
Section 2. Subsequent to such public hearing, the City of La
Porte Planning and Zoning Commission met in regular session on
August 25, 1988 at 7:00 p.m., to consider the Ordinance amendments
which were the subject of such public hearing. The City Council of
the City of La Porte is in receipt of the written recommendations
of the City of La Porte Planning and Zoning Commission, by letter
dated August 30, 1988, a true copy of which letter is attached
hereto as Exhibit "B", and incorporated by reference herein, and
made part hereof for all purposes.
Section 3. The City Council of the City of La Porte hereby
finds, determines and declares that on the 12th day of September,
1988, a public hearing was held before the City Council of the City
of La Porte, Texas, pursuant to due notice, to consider the
recommendation of the City of La Porte Planning and Zoning Commis-
sion.
There is attached to this Ordinance as Exhibit "C", and
incorporated by reference herein and made a part hereof for all
purposes, the publisher's affidavit of publication of notice of
said public hearing for the City Council of the City of La Porte.
Section 4. The City council of the City of La Porte hereby
finds, determines and declares that all prerequisites of law have
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Ordinance No. 1501-~, Page 3
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this or-
dinance and the subject matter thereof has been discussed, con-
sidered and formally acted upon.
The City Council further rati-
fies, approves and confirms such written notice and the contents
and posting thereof.
Section 9.
This Ordinance shall become effective fourteen
(14) days after its passage and approval.
The City Secretary
shall give notice to the passage of the notice by causing the
caption to be published in the official newspaper of the City of La
Porte at least twice within ten (10) days after the passage of the
Ordinance.
PASSED AND APPROVED THIS THE ~ DAY OF ~ 1988.
CITY OF LA PORTE
BY:~/~
ORMAN ALONE, ayor
ATTEST:
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CHERIE BACK, City Secretary
By:
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Ordinance No. 1501-E, Page 2
been satisfied, and hereby determines and declares that the
amendments to the City of La Porte Ordinance No. 1501, the Zoning
Ordinance of the City of La Porte, are desirable and in furtherance
of the goals and objectives stated in the City of La Porte's com-
prehensive plan.
Section 5. Article X, Section 10-1000, Article III, Section
3-100, Definitions, Article VI, Section 6-400, Commercial Table A,
and 6-500, Commercial Table B, and Article VII, Section 7-500,
Industrial Table A and 7-600, Industrial Table B of the Zoning
Ordinance of the City of La Porte is hereby amended, to allow free-
standing on-premise signs with a maximum height of sixty-five feet
(65') above adjacent grade in G.C. General Commercial zones. Said
changes are reflected on pages one through three, inclusive, and
are indicated by a solid black line appearing in the right-hand
margin next to said changed or added material on Exhibit "D".
Section 6. Any person, as defined in Section 1:02(27) Texas
Penal Code, who shall violate any provision of this Ordinance,
shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed One Thousand Dollars
($1,000.00). Each day a violatio~ of this ordinance shall continue
shall constitute a separate violation.
Section 7. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, it is hereby
declared to be the intention of the City of Council to have passed
each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase,
or clause, or part thereof, may be" declared invalid.
Section 8. 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 was
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 the Open Meetings Law, Article 6252-17, Texas Revised
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STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF MEETING
In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte Planning an~ Zoning Commission will conduct a public hearing
at 7:00 P.M. on the 25th day of August, 1988, in the Council
Chambers of the City HaIl, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of the Public Hearing is to consider amending
Section 10-1000 Commercial Use Table B of the City of La Porte
Zoning Ordinance, Ordinance 1501, to allow free-standing on-premise
signs with a maximum height of 75 feet above adjacent grade in G.C.
General Commercial zones.
A regular meeting wil1 be held following the public hearing
for the purpose of acting upon the' public hearing item and conduct
other matters pertaining to the Planning and Zoning Commission.
Citizens wishing to address the Commission pro or con during
the Public Hearing will be required to sign in before the meeting
is convened.
CITY OF LA PORTE
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Cherie Black
City Secretary
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CITY OF LA PORTE
PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571
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August 30, 1988
Honorable Mayor Norman MaIone & City Council
P.O. Box 1115
La Porte, Texas 77571
RE: Zoning Ordinance Text Change
Dear Mayor MaIone,
The Planning & Zoning Commission at our August 25, 1988 Public
Hearing and Regular Meeting, was scheduled to consider a request to
increase allowable sign heights in General Commercial Zones.
McDonald's Corporation is requesting that the City's Zoning
Ordinance be amended to change the allowable height of freestanding ,
on premise advertising signs, located in G.C. zones from forty five
(45') to seventy five (75') feet.
The Commission, in our August 25, 1988 Public Hearing and Regular
Meeting, considered this request and received public input and Staff's
report. The Commission met on August 30, 1988 to consider a
recommendation to the City Council for this request. The Commission
voted (5 ayes and 1 abstain) to recommend granting an amendment to the
interim sign regulations to include a "Controlled Access Highway Zone"
for signs. The Commission recommends further that a maximum height of
sixty five feet (65') be considered and a width of five hundred feet
(500') along and parallel to each side of the controlled access
highway, as shown on the City of La Porte Thoroughfare PIan be
considered as the limits of the Controlled Access Highway Zone.
Respectfu1~,
~ves.
Chairman, Planning & Zoning Commission
JG/nd
cc: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
Joel H. Albrecht, Director of Community Development
John Armstrong, Assistant City Attorney
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COMMERCIAL USE TABLE A
USES (SIC CODE #)
CR
ZONES
NC
GC
Freestanding On Premise Signs
P
P
COMMERCIAL USE TABLE B
Uses
(5)
Min.
Land-
scaping
Req.
Max.
Lot
COV.
(1,3,4,6)
Min.
Yard
Setbacks
F. R. S.
(2,6)
Adj. to
Res.
Min. Yard
Setback
F. R. S.
Max.
Height
Freestanding
On Premise
Signs
N/A
N/A
0-0-0
0-5-5
45 Ft.
Freestanding
On Premise
Signs Located
In Controlled
Access Highway
Zones
N/A
N/A
0-0-0
0-5-5
65 Ft.
Footnote:
6. No sign shall be located in sight triangle so as to obstruct'
traffic visibility at a level between three feet (3') and six
feet (6') as measured above adjacent road grade.
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INDUSTRIAL USE TABLE A
B-I
ZONES
L-I
H-I
USES (SIC CODE #)
On Premise Freestanding Signs
P
P
P
Off Premise Freestanding Signs
*
P
P
INDUSTRIAL USE TABLE B
Uses
(4)
Minimum
Landscaping
Requirements
Maximum
Lot
Coverage
(1,3,5)
Minimum
Yard
Setback
F. R. S.
(2,5)
Adj. to
Resid.
Min. Yard
Setback
F. R. S.
Max.
Height
On & Off
Premise
Freestanding
Signs
N/A
N/A
0-0-0
0-5-5
45 Ft.
Freestanding
On Premise
Signs Located
In Controlled
Access Highway
Zones
N/A
N/A
0-0-0
0-5-5
65 Ft.
Footnote:
5. No sign shall be located in a required sight traingle in such
a manner as to obstruct traffic visibility at a level between
three feet (3') and six feet (6') as measured above adjacent
road grade.
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Article III, Section 3-100, Definitions *
Controlled Access Highway: Any thoroughfare which is a high volume
freeway (without signalization on principal lanes) designed for
four (4) to eight (8) main lanes and four (4) service lanes with a
right-of-way (ROW) capacity that allows two (2) to four (4)
additional lanes.
Controlled Access Highway Zone: A zone extending five hundred feet
(500') to either side of the right-of-way (ROW) of a controlled
access highway as designated on the City of LaPorte's Land Use Map.
*NOTES:
The definition of Control1ed Access Highway (with
some minor rephrasing) was taken from Volume One,
Section 1.3 of the City's Comprehensive Plan.
Controlled Access Highway Zones are established on
the City's Land Use Map and designated by a cross
hatched high-light. State Highway 225 and New
State Highway 146 are the only thoroughfares within
the City presently designated as Controlled Access
Highways.
Interim Sign Regulations: Signs located within a
Controlled Access Highway Zone shall be limited to
a maximum height of sixty five feet (65').
~ ARTICLE THREE: DEFINITI~
Freestanding Sign or Ground Sign: Any sign supported by one (1) or more
columns, poles, uprights, or braces anchored in or on the ground and not
attached to any building.
Identification Sign: Any sign which carries only the firm, business or
corporate name, the major enterprise on the premises, or the principal
products offered for sale on the premises.
Off Premise Sign: Any sign which directs at tent ion to any bus iness,
commodity, service or entertainment offered elsewhere than on the
premises where such sign appears.
On Premise Sign: Any sign which directs attention to a business,
commodity, service or entertainment offered on the same premises where
such sign appears.
Setback, Sign Measurement: The closest point to any property line which
may be occupied by any sign, as defined by this Ordinance. This point
shall be determined by measuring perpendicularly from adjacent property
lines.
Sight Triangle: Triangular shaped area of clear visibility located at
all intersections including private driveways. The area of the triangle
shall be determined by engineering standards.
.s..i.&n.: Any word, number, figure, dev ice, des ign
anything is made known, as used to designate
profession, business, or a commodity and which
public street. Refer to S.B.C.C.I. for additional
purpose of this ordinance, a sign is a structure.
or trademark by which
an individual, firm,
is v isible from any
definitions. For the
EXHIBIT D
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Section 10-1000 Interim SiEn ReEulations
RESIDENTIAL USE TABLE A
USES (SIC CODE #)
Freestanding On Premise Identi-
fication Sign for Townhouses,
Multi-Family Developments,
Group Care Facilities,
Subdivisions, Education and
Religious Facilities
R-1
ZONES
R-2 R-3
MH
P
P
P
P
RESIDENTIAL USE TABLE B
(8*)
Uses
Min.
Lot
Areal
D.U.
S .F .
(2,3,4*,
5,6,10)
Min.
Yard
Setbacks
L.F.
F. R. S.
Min.
Lot
Width
L.F.
Free-
standing
On Premise
Signs
. 0-0-0
Footnote:
(9)
Max.
(7*) Min. Lot
Min. Devel. Cov.1
Site Open Min.
Areal Spacel Land-
Max. Unit Unit scaping
HeiEht S.F. S.F. Rea.
Equal to
Max. N/A N/A N/A/N/A
Allowable
10. No sign shall be located in a sight triangle so as to obstruct
traffic visibility at a level between three feet (3') and six
feet (6') as measured above adjOacent road grade.
EXHIBIT E
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COMMERCIAL USE TABLE A
USES (SIC CODE #)
CR
ZONES
NC
GC
Freestanding On Premise Signs
P
p
COMMERCIAL USE TABLE B
Uses
(5)
Min.
Land-
scaping
Rea.
Max.
Lot
Cov.
( 1 , 3 , 4 ,6)
Min.
Yard
Setbacks
F. R. S.
(2,6)
Adj. to
Res.
Min. Yard
Setback
F. R. S.
Max.
HeiEht
Freestanding
On Premise
Signs
N/A
N/A
0-0-0
0-5-5
45 Ft.
Footnote:
6. No sign shall be located in sight triangle so as to obstruct
traffic visibility at a level between three feet (3') and six
feet (6') as measured above adjacent road grade.
EXHIBIT E
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INDUSTRIAL USE TABLE A
USES ( SIC CODE II) ZONES
B-I L-I H-I
On Premise Freestanding Signs P P P
Off Premise Freestanding Signs * P P
INDUSTRIAL USE TABLE B
Uses
(4 )
Minimum
Landscaping
Requirements
Maximum
Lot
Coverage
(1,3,5)
Minimum
Yard
Setback
F. R. S.
(2,5)
Adj. to
Resid.
Min. Yard
Setback
F. R. S.
Max.
Height
On & Off
Premise
Freestanding
Signs
N/A
N/A
0-0-0
0-5-5
45 Ft.
Footnote:
5. No sign shall be located in a sight traingle so as to obstruct
traffic visibility at' a level between three feet (3') and six
feet (6') as measured above adjacent road grade.
EXHIBIT E
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PUBLIC NOTICE
NC'nC.~ OF MEETING
In addordance with the provisions of
Ordinance 1501, the City of La Porte Zon-
irig Ordinance. notice is hereby given that
the La POrJ8...Planning and Zoning Com-
mission ..,01 conduct a public hearing at
7:00 P.M. OQI the '25th day of August,
1988, in thctCounciJ Chambe!,s of the City.
Hall. 604 ~t If.airmPJi8.rkway, La
Porte, Texis. !hlfPU e ol."the Public
Hearing is \o,con'lde~~ erJilng Section
10-1000 Commeri:ia se able B of the
City of La Porte 10ni. g Ordinance; Ordi-
nance 1501. the' allow free-standing on-
premise signs with a maximum height of
75 feet above adjacent grade in G.C.
General Commercial zones.
A regular meeting wiJI be held following
the public hearing for the purpose of act-
ing upon the public hearing item and con-
duct other matters pertaining to the Plan-
ning and Zoning Commission.
Citizens wishing to address the Com-
mission pro or con during the Public Hear-
ing will be required to sign in before the
meeting is convened.
CITY OF LA PORTE
Cherie Black
City Secretary
PUBLIC NOTICE
"1".--_- _-
NOTICE OF MEETING
In accordance with the provisions of
Ordinance 1501. the City of La Porte Zon-
ing Ordinance, notice is hereby given that
the La Porte City Council will conduct a
public hearing at 6:00 P.M. on the 12th
day of September, 1988. in the Council
Chambers of the City Hall. 604 West Fair-
mont Parkway, La Pprte. Texas. The pur- .
pose o~ rRJ~~IiC ~earing is to consi~er
amendln lon{l0-1oo0 ~erclal
Use table B, 'the ~ity qf..l..a Pll..n.;Zoning
Ordinance..Oidin,.nce 1'50,' . to liiiow free-
standing or\;prel'/JrSe~ign 'Wjttfrn'aximum
height of 75 fee~!8bo lacent grade in
G.C. General ~om cia! zones..
A regular meeting will be held following
the public hearing for the purpose of act-
ing upon the public hearing item and con-
duct other matters pertaining ~ the City
Council.
Citizens wishing to address the Council
pro or con during the Public Hearing wiJI
be required to sign in before the meeting
is convened.
CITY OF LA PORTE
Cherie Black
City Secretary
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1200 Hwy. 146
Suite 180
P.O. Box 1414
The B.'
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County of Harris
State of Texas,
La Porte; Texas 71571
(713) 471-1234
Before me, the undersign~d authority, on this date
came and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Su.n, a semi-weekly.,new~paper
published in La Porte, Harris County, Te~ps, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of Auqust 28, 1988
~j.~.
Sandra E. Bumgarner
Offic~ Manager
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Sworn and sUbscri~ed before me this ~ day Of~
A . D . 1 9 --3.l. . __ ~ ."j,.
PUBUC ~~~~E()F.MEETING ," ,. ~~.60 /h. -4~
. In accordance with the provisions of sr 0 tar y Pub 1 i c
Ordinance1501,theCityoflaPorteZon- :Iarris County Texas
ing Ordinance, notice is hereby given that '
the La Porte City Council will conduct a
public hearing at 6:00 P.M. on the 12th
day of September, 1988, in the Council
Chambers of the City Hall, 604 West Fair-
mont Parkway, La A rte, Texas. The pur-
pose of ~IiC earing Is to consider
amendin 'on D-1OO0iercial
Use table B the ity oning
Ordinance n 50 ,to ow free-
standing - se si . i imum
height of 75 fee bo jacent grade in
G.C. General om cial zones..
A regular me ting will be held following
the public hearing for the purpose of act-
ing upon the public hearing item and con-
duct other matters pertaining ~ the City
Council.
Citizens wishing to address the Council
pro or con during the Public Hearing will
be required to sign in before the meeting
is convened.
CITY OF LA PORTE
Cherie Black
City Secretary
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La Porte; Texas 77571
(713) 471-1234
1200 Hwy. 146 '
Suite 180
P.O. Box 1414
The B.
re SUD
--
County of Harris
State of Texas
Before me, the undersign~d authority, on this date
came and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Su.n, a semi-weekly .:,n'ew~paper
published in La Porte, Harris County, Te~~s, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of August 10, 1988
,;l~~).~
Sandra E. Bumgarner
Office Manager
:'
.
Sworn and supscrLbed b~fore me this ~ day Of~~~
A . D . 1 9 ~. PUBLIC NOTICE . ..-L ~ _ ....1 - ,
Ncnes'OF MEETING -~~Qq /?1. --4~~
In acldordance with the provisions of Notary Public
qrdinance 1501. the City of La Porte Zon- .
ing Ordinance. notice is hereby given that Harrls County,
the La Po lann' g and Zoning Com-
mission ndut a public hearing at
7:00 P. . 0 the 25th day of August.
1988. in oun Chaa. softheCity.
Hall. 604 t I.r.. . rkway, La
Porte, Te s. pu' e the Public
Hearing is, n de e g Section
10-1000 Comm . se able B of the
City of La Porte on, g Ordinance.. Ordi-
nance 1501, th tallow free-standing on-
premise signs with a maximum height of
75 feet above adjacent gracle in G.C.
General Commercial zones.
A regular meeting will be held following
the public hearing for the plJrpose of act-
ing upon the public hearing Item and con-
duct other matters pertaining to the Plan-
ning and Zoning Commission.
Citizens wishing to address the Com-
mission pro or con during the Public Hear-
ing will be required to sign in before the
meeting is convened.
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CITY OF LA PORTl:
Cherie Black
City Secretary