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HomeMy WebLinkAboutO-2016-3631 Ordinance amending Chapter 106, "Zoning" of the Code of Ordinance of the City of La Porte; Commerical Uses; Location of Heavy Truck UsesORDINANCE NO. 2016-3631 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING PROVISIONS RELATED TO ZONING PERMITS; AMENDMENT PROCEDURES; SPECIAL EXCEPTIONS; NOTIFICATION OF CONFORMING STATUS; .OFFICIAL ZONING MAP; COMMERICAL AND INDUSTRIAL USES; LOCATION OF HEAVY TRUCK USES; INTERPRETATION OF ZONING DISTRICT BOUNDARIES; YARD REQUIREMENTS; PARKING DESIGN STANDARDS; DEVELOPMENT OF TOWERS; AND BUILDING EXTERIOR DESIGN STANDARDS; 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 I. "In General", Section 106-145 "Zoning Permit and Building Permit", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: "Sec. 106-145. - Zoning permit and building permit. A zoning permit authorizing a proposed use shall be applied for coincident with the application for a building permit or a proposed change to the use of a building; it shall be issued within ten (10) days after the erection, addition, or alteration of such building or use has been completed in conformity with the provisions hereof, as determined by a final inspection. The enforcement officer shall not issue a zoning permit for any use or structure not in conformance with this chapter or any other ordinance of the city in accordance with state law. The enforcement officer may revoke a zoning permit if the actual use of the property covered by the zoning permit is inconsistent with the use authorized by the zoning permit. The enforcement officer shall notify the permit holder in writing and provide thirty (30) days from the date of the letter for the improper use shall be eliminated and brought into compliance with the terms of the zoning permit, or the permit shall be revoked." Section 2: That Chapter 106, "Zoning," Article 1. "In General", Section 106-171 "Amendment Procedures", subparagraph "4", "Submission of findings and recommendations to city council", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: Sec. 106-171. - Amendment procedures. "(4) Submission of findings and recommendations to city council. The city planning and zoning commission shall forward its final report consisting of written findings of fact and recommendations to city council within thirty (30) days of the close of the public hearing held in accordance with this section." Section 3: That Chapter 106, "Zoning," Article I. "In General", Section 106-191 "Special Exceptions", subparagraph "b", "Special exceptions to be reviewed; findings of facts", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: Sec. 106-191. - Special exceptions. "(b) Special exceptions to be revleWed; finding The term "special exception" shall mean a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use ofadiacent or neighboring property or be contrary to the best public interest: (1) To reconstruct, enlarge or extend any building (whether a primary or accessory structure) occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (2) To deviate yard requirements in the following circumstances: a. Any exception from the front yard requirements where the actual front yard setback of any abutting lot does not meet the front yard requirement. b. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. c. A yard exception on corner lots. d. An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for buildings hereafter constructed or extended, be the required minimum front yard depth." Section 4: That Chapter 106, "Zoning," Article I. "In General", Section 106-264 "Notification of nonconforming status", subparagraph "b", "Changing a Non -Conforming use", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended to read as follows: Sec. 106-264. - Notification of nonconforming status. "(b) Changing a nonconforming use. Any nonconforming use or structure may be changed to a use conforming to the regulations established in this chapter for the district in which the nonconforming use or structure is located, or the nonconforming use or structure may be changed to a use or structure more conforming to the zoning district in which the nonconforming use or structure is located. For purposes of this section, the term "more conforming to the zoning district in which the nonconforming use or structure is located" shall mean a less intense use (per the North American Industry Classification System). Whether or not a use is more conforming to the zoning district in which the nonconforming use or structure is located is a question to be determined by the planning director, subject to appeal as provided within this article. A nonconforming use or structure so changed shall not thereafter be returned to a nonconforming use or structure." Section 5: That Chapter 106, "Zoning," Article I. "In General", Section 106-301 "Official Zoning Map Provisions", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: "Sec. 106-301. - Official zoning map provisions. (a) The city is hereby divided into the land use development districts, or zones, established in Section 106-309 of this chapter, as designated on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter. The official zoning map shall be identified by the signature of the mayor attested by the city secretary and bearing the seal of the City of La Porte under the following words: "This is to certify that this is the official zoning map referred to in Section 106-301 of the Code of Ordinances, City of La Porte, Texas." (b) One copy, hereafter called the original zoning map, shall be filed with the city secretary and retained as the original record and shall not be changed in any manner. (c) Two copies, hereafter called the official zoning map shall be filed with the enforcing officer and city secretary and shall be maintained up-to-date by the department of planning and development." Section 6: That Chapter 106, "Zoning," Article I. "In General", Section 106-310 "Table A, Commercial & Industrial Uses", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended to add and delete certain designated use categories, to be inserted within "Table A, Commercial & Industrial Uses" in proper numerical sequence, as follows: Sec. 106-310. - Table A, Commercial & Industrial Uses. 012 NAICS Code 2012 NAICS Title **NCMSGC MU BI Ll 1l l 884 Support Services for Road Transportation C P P P 885 Freight Transportation Arrangement (Office Only) 885 Freight Transportation Arrangement p6 p6 24410 Child Day Care Services P I' 1' 8111 utomotive Repair and Maintenance (except Truck Repair) Pis is is is 111 Automotive Repair and Maintenance (Truck ,Repair) 1 s 1 s Section 7: That Chapter 106, "Zoning," Article I. "In General", Section 106-308 "Interpretation of zoning district boundaries", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: "Sec. 106-308. - Interpretation of zoning district boundaries. In determining the location of zoning district boundaries on the official zoning map accompanying and made a part of these regulations, the following rules shall apply: (1) Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys as they exist at the time of adoption of these regulations shall be the zoning boundary. (2) Where boundaries are shown to enter on cross platted blocks, property lines of lots, as they exist at the time of adoption of these regulations, shall be the zoning boundary. (3) In case of a district boundary line dividing a tract of property into two parts, the district boundary line shall be construed to be the property line nearest the district boundary line as shown. However, if the owner and/or developer of two or more contiguous tracts of property replats or combines such tracts in a manner to consolidate the tracts into one parcel resulting in the consolidated tract being divided by a district boundary into two parts, then in such cases the district boundary line shall be enforced at the location shown on the zoning map. (4) Where boundaries are shown on unsubdivided property, the location shall be determined by use of the scale shown on the zoning map unless dimensions are given on the zoning map." Section 8: That Chapter 106, "Zoning," Article I. "In General", Section 106-699 "Commercial and Industrial", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: "Sec. 106-699. - Commercial and industrial. (a) Purpose. The intent of this section is to establish provisions for the granting of a conditional use permit to erect planned unit development - commercial and industrial projects which are in compliance with the permitted and conditional uses allowed in a specific district in one or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures in this chapter. (b) Minimum project size. The tract of land for which a planned unit development - commercial or industrial project is proposed and permit is requested, shall contain not less than five acres for commercial and industrial projects. (c) Frontage. The tract of land for which a project is proposed and a permit requested shall not have less than 200 feet of frontage on a public right-of-way. (d) Yard. No building shall be nearer than 50 feet to the side or rear property line when such line abuts an R- 1, R-2, R-3, LL or MH use district. (e) Landscaping, screening and surfacing. (1) The entire site other than that taken up by structures or landscaping shall be surfaced with a material to control dust and drainage. (2) A drainage system subject to the approval of the planning director shall be installed. (3) Developments abutting an R-1, R-2, R-3, LL or MH district shall be screened and landscaped in compliance with required screening and landscaping for the specific use involved as required in section 106-443, (Table B, commercial area requirements) and, section 106-552 (Industrial area requirements). (4) Required landscaping must be maintained by the property owner and/or occupant." Section 9: That Chapter 106, "Zoning," Article I. "In General", Section 106-746 "Location of heavy truck uses", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: "Sec. 106-746. - Location of heavy truck uses. (1) Heavy truck uses generated from NAICS uses 484110, 484121, 484220, 484230 and 493 shall only be located within properties directly adjacent to the right-of-way of designated High Frequency Truck Roads, provided those uses comply with the underlying zoning classification applicable to the property. (2) Overnight parking of heavy trucks shall only be permitted on properties within the GC, MU, MSD and NC zoning districts adjacent to High Frequency Truck Roads or in any BI, LI or HI zoning district." Section 10: That Chapter 106, "Zoning," Article I. "In General", Section 106-771 "Yard Requirements", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended to read as follows: "See. 106-771. - Yard requirements. The following shall not be considered as encroachments on yard setback requirements: (1) Chimnevs, .dues, belt courses, etc. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, steps, stoops, and similar features, provided they do not project more than four feet into any front or rear setback line, and two feet into any side setback line. (2) Ten -aces, decks, patios, etc. Terraces, decks, patios, or similar features, provided they do not extend more than one foot above the height of the exterior finish grade elevation, or to a distance less than two feet from any lot line, or encroach upon any utility easement. Further, pools shall not be considered as an encroachment on or in a front yard, provided that such pools are located in a front yard adjacent to Galveston Bay, and provided further that such pool does not extend more than one foot above the exterior finish grade elevation, or to a distance less than two feet from any lot line or encroach upon any utility easement. (3) Rear yards only. An unenclosed, attached patio cover, awning, or canopy, provided that no portion of such patio covers, awnings, or canopies shall encroach into any utility easements, or any vertical projection thereof, and provided further that no portion of such patio covers, awnings, or canopies shall be located at a distance less than five feet from the side property line or three feet from the rear property line, or any vertical projection thereof. (4) Front and side yard carports. Front and side yard carports shall be permitted for single-family detached homes subject to the following requirements: a. Carports in a required front or side yard shall not be located closer than five feet from any front or side property line. b. Carports located on corner lots shall not be located closer than 25 feet from an intersection. This distance shall be measured from the intersection of property lines common with street right-of- way lines. c. The maximum width of a carport located in a required front or side yard shall be 25 feet. (5) Recreational areas, facilities and open space. Trails, playgrounds, and detention areas located within multi -family residential developments are permitted provided they do not encroach into any utility easement." Section 11: That Chapter 106, "Zoning," Article I. "In General", Section 106-835 "Design standards (also see Figures 10-1, 10-2 and 10-3)", subparagraph "a", "Parking space size", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: Sec. 106-835. - Design standards (also see Figures 104, 10-2 and 10-3). "(a) Parking space size. Each standard parking space shall not be less than nine (9) feet wide and eighteen (18) feet in length, and each accessible parking space shall be designed in accordance with ADA/Texas Accessibility Standards (TAS)." Section 12: That Chapter 106, "Zoning," Article I. "In General", Section 106-892 "Development of towers", of the Code of Ordinances of the City of LaPorte, Texas, subparagraph "a", "A tower shall be a permitted use in zoning district H-1", and subparagraph "b", "A tower shall be a conditional use of land in zoning districts B-1 and L-1 ", are hereby amended to read as follows: Sec. 106-892. - Development of towers. "(a) A lower shall be a permitted use of land in zoning district HL No person shall build, erect, or construct a tower upon any parcel of land within a zoning district designated Hl unless a development permit shall have been issued by the site plan review committee of the city. Application shall be made to the site plan review committee in the manner provided in this chapter. (b) A tower shall be a conditional tcse of land in zoning districts BI and LL No person shall build, erect, or construct a tower upon any parcel of land within any zoning district set forth above unless a development pen -nit shall have been issued by the site plan review committee of the city and approval of the city planning and zoning commission is obtained." Section 13: That Chapter 106, "Zoning," Article I. "In General", Section 106-928 "Architectural design guidelines", subparagraph "e", "Exterior Fagade Materials", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: Sec. 106-928. - Architectural design guidelines. "(e) Exterior Fagade Materials (1) Allowed exterior materials are categorized into the following three groups, of which at least two materials from different groups shall be used in all exterior facades in Tier 1, Tier 2, and Tier 3: a. Group A: Brick and stone b. Group B: Stucco, architectural concrete block with integrated color (split face CMU), factory primed cementitious fiberboard in the form of lap siding or board and batten, EIFS (above 14 feet from grade only), and painted, colored or stamped tilt -wall c. Group C: Metal, tile, wood (2) Prohibited exterior materials include cinder block, vinyl, plastic, aggregate pea -gravel finished surfaces, and pre-engineered metal building siding. (3) Primary facade treatment standards applicable to Tier 1 buildings. The following shall apply to all exterior walls of Tier 1 buildings which are clearly visible from a public street or along an active storefront: a. Primary Fagades, excluding windows, doors, and other openings, shall be constructed of at least 80% Group A materials and up to 20% Group B materials. However, accent materials from Group C may be allowed in limited application for architectural features as approved by the director of planning and development or designee. b. Buildings over 50,000 square feet may use Split -Face CMU (architectural block) for up to 20% of the primary fagade, in addition to the 20% of Group B materials. (4) Primary fagade treatment standards applicable to Tier 2 buildings. The following shall apply to all exterior walls of Tier 2 buildings which are clearly visible from a public street or along an active storefront: Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least 50% Group A materials and up to 50% Group B materials. However, accent materials from Group C may be allowed in limited application for architectural features as approved by the Director of Planning and Development or designee. (5) Primary facade treatments standards applicable to Tier 3 buildings. The following shall apply to all exterior walls of Tier 3 buildings which are clearly visible from a public street or along an active storefront: Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least 20% Group A materials and up to 80% Group B materials. However, accent materials from Group C may be allowed in limited application for architectural features as approved by the Director of Planning and Development or designee. (6) Building color requirements are applicable to buildings in all tiers. The dominant color of all buildings shall be muted shades of color. Black and stark white shall not be used except as an accent color. There are no restrictions on accent colors which comprise less than 1.0% of the building face, except that florescent colors are prohibited. (7) All gas station development categorized as Tier 1 buildings is required to wrap each of the canopy support columns over the service islands entirely from the ground to the bottom of the canopy. All gas station developments categorized as Tier 2 or Tier 3 buildings shall be required to wrap the base of any support posts up to a height of 4 feet from the ground in stone or masonry to match that required on the primary facade of the building." Section 14. 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 15. 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 La Porte, 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 16. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 17. 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 551, 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 18. 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�Cday CIT ATTEST: i�'j �'L J.A:�b' Patrice Fogarty, Cit ecretary APPROVED: of , 2016. Clark T. Askins, Assist. City Attorney