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HomeMy WebLinkAboutO-1988-1501-B . e ORDINANCE NO. 1501-B AN ORDINANCE AMENDING ARTICLE 3, OF ORDINANCE NO. 1501, THE CITY OF LA PORTE ZONING ORDINANCE, PROVIDING NEW DEFINITIONS OF FREE- STANDING SIGN OR GROUND SIGN, IDENTIFICATION SIGN, OFF PREMISE SIGN, ON PREMISE SIGN, SETBACK, SIGN MEASUREMENT, SIGHT TRIANGLE, AND SIGN, FURTHER AMENDING ARTICLE 5, SECTION 5-600, ARTICLE 5, SECTION 5-700, ARTICLE 6, SECTION 6-400, ARTICLE 6, SECTION 6-500, ARTICLE 7, SECTION 7-500, AND ARTICLE 7, SECTION 7-600 TO PROVIDE REGULATIONS FOR THE LOCATION AND HEIGHT OF SIGNS WITHIN THE CITY OF LA PORTE; FURTHER ADDING A NEW SECTION, BEING ARTICLE 10, SECTION 10-1000 INTERIM SIGN REGULATIONS AS A SINGULAR REFERENCE POINT TO ALL THE FOREMENTIONED CHANGES, 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 NOT MORE THAN ONE THOUSAND DOLLARS ($1,000.00), FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING A SEVERABILITY CLAUSE, 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 19th day of November, 1987, 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 special session on February 11, 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 February 19, 1988, the original of which letter is attached hereto as Exhibit "B", incorporated by reference herein, and made a part hereof for all purposes. Section 3. The City Council of the City of La Porte hereby finds, determines and declares that on the 14th day of March, 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 Commission. There is attached to this ordinance as Exhibit "CD,. and incorporated by . . ORDINANCE NO. 1501-B Page 2 reference herein and made a part hereof for all purposes, the Publisher's Affidavit of Publication of Notice of said public hearing before the City Council of the City of La Porte. Section 4. The City Council hereby finds, declares, and determines that all prerequisites of law have been satisfied, and hereby determines and declares that the amendments to 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 comprehensive plan. Section 5. Article 3, of the Zoning Ordinance of the City of La Porte is hereby amended, adding the definitions contained on Exhibit nOn in proper alphabetical sequence to said Article 3, and incorporated by reference herein and made a part hereof for all purposes Section 6. Article 5, Section 5-600, Table A Residential~ Article 5, Section 5-700, Table B Residential~ Article 6, Section 6- 400, Table A Commercial~ Article 6, Section 6-500, Table B Commercial~ Article 7, Section 5-700, Table A Industrial~ and Article 7, Section 7-600, Table B Industrial are hereby amended to reflect the addition of sign regulations as set forth in sequence in Exhibit liEn, attached hereto and fully incorporated by reference herein. Section 7. A new section is hereby added to the Zoning Ordinance of the City of La Porte, being Article 10, Section 10- 1000, Interim Sign Regulations. The entirety of Exhibit "E", attached hereto and incorporated by reference herein, is hereby included in the Zoning Ordinance of the City of La Porte as interim sign regulations. Section 8. 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 any violation of this ordinance shall continue shall constitute a separate violation. . . ORDINANCE NO. 1501-B Page 3 Section 9. 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, and it is hereby declared to be the intention of this City 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 10 Resolution 88-3 is repealed as of the effective date hereof. Section 11. 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 Civil Statutes Annotated~ and that this meeting has been open to the public as required. Section 12. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of the ordinance by causing the caption to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of the ordinance. PASSED AND APPROVED, this the 14th day of March, 1988. CITY OF LA PORTE BY /bn~;t:k'-~ )(0 an L. Malone, ay r ATTEST: (lk;/~ Cherie Black City Secretary . . _ n .....-- ". 1~00 Hwy. 146 Suite 180 P.O. Box 1414 ( ( La Pone. Texas 77571 (713) 471-1234 TheB' ~ " ,~ ~ re SUD County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized' agent of The Bayshore Sun, a semi-weekly newspaper ,published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of November 04, 1987 t::::~~~~ Office Manager Sworn and subscribed before me this /7/.Yday Of~~~ A.D. 19.3.2. -1- ~: . ~dJ~-<4 /7-,. .-:::Y~~-""--- Notary Public ...............,... . ..... \ A. ~ --.. HarrlS County, Texas .... \. ;, "., .:.. ,,':....:......... v .~... ! '..- ;,\'t/# ',. ".. 0" ..~. . :'".~.,. .d'.. :..' ,..-:.....,., 4 c:~~. ..~: ~; . -.t "'...;-.- ~ tJI ~ ~ 0 ," ; b i: ~ ,.J'. 0,. ,'-'."or . '" :- ~.. .., -.. ,~... .... ! -. /I' ". .. ,.., ". , .......... ~".:~., .........1. .:J tI ~,~ .'~~~. r. (e PUBLIC NOTICE NOTICE OF PUBLIC HEARING In"accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning td Zoning 9ommission will conduct a ublic'hearing at 7:00 p,m: on the 19th d Y of Novemf)er, 1987, In the ' Council Cijamb8p' of .tile City Hall~ 604 West Fairroont PqrkwM', La Porte, Texas, for th~ pureose of !he~lx-month review of the City 0~,La Port9.~Zonlng tinance, #1501, and the Cirtlof La Po e Zoning Map. The review ql1thrODin Map will specifically addreu th'fo" ing: . .N, ' , I All of Block 93, liayfro . ri to the Town of La Porte, Harris Co, nty, Texas. ' Requested change from R-ll to General Comm~rcial, " I " : ". t. . ~ I . . . " .. ~.' .J 2;984 acre tract out of the W.M. Jones I Survey, La Porte, Harris County, Texas, ' and being out of that 198,898 acres of . larid shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. : . . ._ . . 1.239 acre tract out of the W,M. Jones Survey, La Porte, Harris County, Texas, , and being out of that 198,898 acres of . land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. ", The review of the text of the Zoning Ordinance will specifically address defini. tions; use table; landscaping require-: ments; parking requirements; accessory I structure requirements; sign regulations; . zoning procedures, including requiring three-fourths (314) vote of City Council to overrule decisions of the Planning and Zoning Commission; and correction of typographical errors. Citizens wishing to address this public hearing on the above subj~cts may do so in writing, addressed to the City Secret- ary, P.O. Box 1115, La Porte, Texas 77571. Citizens wishing to address the Commission during the Public Hearing. will be required to sign in before the meet- ing is convened. . 'CITY OF' LA PORTE Cherie Black City Secretary . . _' .l'I ......-- 1200 Hwy. 146 Suite 180 P.O. Box 1414 c ( La Pone. Texas 77571 (713) 471-1234 TheB \{~ re SUD !-".'r~k . . ..,.~fj.V?ince 1947' County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper .published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of February 28, 1988 i<~.!,A,~~ . U Sandra E. Bumgarner Office Manager Sworn and subscribed before me A.D. 19..iL. this d!l!Yday of '}~ C ~~c!"-<.<.7 h, .~~~-~ Nota y Public Harris County, Texas , ".,,',.............. .... \ ~ r. S: ..... ..,.'If> \" \, .......". CJ .... ~.. "\,,: ..- -.. 6' -. :: .. ..' .~\G ,~ ". 6' ... .. .....1. + ....... ~~_.. ""',*..a . r-" :. .: '.:-!" ...,,~ ': ;2::~. ...~: .~ : ~4. o~:co=: ~ tP........o . .f\"''''''' .~ tV .!.... "-:, v> '. '" ,~.. .' ,'; ~ ..J -.. ..-. ,." ";". "It ......... ~ ~ .....' '.',.,. ~ II .. ..~.. .... " (4t .................. PUBLIC NOneE .. NOTICE OF PUBLIC HEARING In accordance with Ordin~nce 1501,1 . the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte . City Council will conduct a public hearing at 6:00 p.m, on the 14th day of March, 1988, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of receiving public input on the six-month review of the City.ro't~a P01f~ Zoning Ordinance, #1~1, apd theAClty of La Porte Zoning Map, Th~. rLeVi . of the Zoning Map will d. ':"", ~ f~row~:> .' Ail'of 'Block < 3; BaYfron~ Addition t~ the Town of ~orte, Harris County, Texas. I ~TrT~g.:~:,Gan~, 2,984 .,t;,~' _ir~~i .~ :~j: G2~M~' ~ones~: Survey".La Porte, . aiTis' County, Texas, i and being o~ at 198.898 acres of land 'shown sT;' ct 3 on the plat of the' Fairmo"t Pa rea by.Shaner, Hicks &: Cherry on December 3, 1978, Requested: cha'nge from R-3, ,to- Neighborhood. COn:Jinerc~I.:~ :;;, ?'';If!::t' . ". '!h)'::::i .:',':~. .:!,~';j:~<~f;~:~::.:~';:: " ~~: 1,239' acre' 'tract out of the W,M. Jones Survey,. La Porte, Harris'County, Texas,.: and: being out of that 198.898 acres of, land,shown.as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978: Reque~ted i change!rom R-:~, to. .~elghbomc)Pdf.1 Com!l1e~~!al. ..; .1 . " .1 :,: '_...d.._oI.' . .'_ .. ....:.. The '~eview of the text of the Zoning Ordin~!lce will S'pecifically address defini- tions; landscaping requirements; parking requirements: accessory structure requirements; interim sign regulations; zoning procedures, including. requiring three-fourths (314) vote of City Council to overrule decisions of the Planning and Zoning Commission; ~nd correction of typographical errors..: ' . Citizens wishing to address this public hearing on the above subjects may do so in writing, addressed to the City Secretary, P.O, Box 1115, La Porte, Tex~ as 77571, Citizens wishing to address the Council during the Public Hearing will be required to sign in. bef~r~ the m~etin!:! is. convened, . .' ~. . .'. .... ~4 '.': . ~ . .............:.i. . ...._....::...., ";..... ~. -:~ , .' ....";, r ~ I ~ CITY OF LA PORTE .. '; Cherie Black' , ..0 ,",1 City Secretary '. I.. '.. -' .. "I. ~ .II. . ......",. ... c.! .. ."\1'..1 . n. . ~ ~ If .. '0.,\ I" ,I 'r..... - (. , ~ . I INTER-OFFICE MEMORANDUM From: Mayor and City Council Doug Latimer, Chairman, ~ Pl~nning & Zoning Commission To: Subject: Six Month Review of Zoning Ordinance and Map Date: February 19, 1988 . For the past several months, the Planning & Zoning Commission, as required by Section 11-504, has been engaged in a review of City Zoning Ordinance No. 1051 and the City of La Porte's Official Zoning Map. The purpose of this review is as follows: "... [The Planning & Zoning Commission shall] reviet-l to determine whether the Ordinance has become deficient, obsolete and inadequate for any reason, including the following: 1. Defects in the original text 2. Defects in the zoning map 3. Deficiencies created by improper or lax administration and subsequent amendments to the original ordinance which are inconsistent, conflicting or ambiguous. 4. Inconsistency with State Statutes or judicial decisions." Using these guidelines, the comprehensive review of both the zoning was conducted during study sessions, hearings. Commission has completed a map and ordinance. This review regular meetings and public Hhile the individually, categories: proposed they can amendments be grouped are too numerous to into the following mention general A. Map issues 1. A change of zoning classification is proposed for three tracts. , , Mayor and City Council Six Honth Rev iet,.T Page 2 B. Text Issues 1. Correction of typographical errors throughout the ordinance 2. Definition changes 3. Administrative changes 4. Use table changes 5. Landscaping requirements 6. Accessory building & use changes 7. Parking requirement changes 8. Sign requirements including Interim Sign Regulations The Planning & Zoning Commission \'lould like to point out to the City Counc il that Sec t ion 11-507 (8) of the proposed dl~a ft for the Zon ing Ord inanc e does inc 1 ude a pa ragraph concern ing ex ist ing permissive legislation on the "3/4 rule". If the City Council kept th.is paragraph in the draft, it would require three-fourths of the members of the City Council voting affirmative in order to overturn a recommendation for denial of a proposed use change by the Planning & Zoning Commission. It ~>1ould only take a simple majority to deny a recommendation in favor of a change classification from the Planning & Zoning Commission. This section is based on a provision of state law. The law is permissive in that Cities al"e allowed, rather than required, to incorporate this type of provision into their zoning ordinances. The City Staff has discussed the legislation with the legal council for the Texas Municipal League. They told the City of La Porte that "most c it ies did ut il i ze the 3/4 rule and that the Texas Hun ic ipal League favored its usage, but being permissive, the City Council must rule on it before adoption". The Commission has no objection to the inclusion or the exclusion of this requirement in the ordinance, we are forwarding it to Council for your consideration. Except as noted above, the Planning & Zoning Commission recommends adopt ion of all proposed amendIilents to City Zon ing Ord inance No. 1501 and to the City of La Porte Zoning Map. DL/nd .' " . ARTICLE THREE: DEFIN~NS 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 prine ipal products offered for sale on the premises. Off Premise Sign: Any sign which directs attention to any business, commodity, service or entertainment offered elsewhere than on the premises where such sign appears. On Premise Sign: Any sign which d irec ts at tent ion to a bus iness, commod i ty, serv ic e or enterta inment offered on the same premi ses 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 Trian~le: 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..g,n: Any word, number, figure, device, design anything is made known, as used to designate profess ion, bus iness, or a commod i ty and wh ich 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 . . -90- Section 10-1000 Interim Sign Regulations USES (SIC CODE #) RESIDENTIAL USE TABLE A Freestanding On Premise Identi- fication Sign for Townhouses, Multi-Family Developments, Group Care Facilities, Subdivisions, Education and Religious Facilities (8*) Uses Min. Lot Area/ D.U. S.F. Min. Lot Width L.F. Free- standing On Premise Signs Footnote: R-1 ZONES R-2 R-3 MH P P P P RESIDENTIAL USE TABLE B (2,3,4*, 5,6,10) Min. Yard Setbacks L.F. F. R. S. 0-0-0 (9) Max. (7*) Min. Lot Min. Devel. Cov./ Site Open Min. Area/ Space/ Land- Max. Unit Unit scaping Heiaht 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 adjacent road grade. ; . . -91- COMMERCIAL USE TABLE A USES (SIC CODE #) CR ZONES NC Freestanding On Premise Signs P GC 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. Height 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. ,. . . -92- INDUSTRIAL USE TABLE A USES (SIC CODE /1) 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 ) Hinimum Landscaping Reauirements 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.