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HomeMy WebLinkAboutO-780 . -- ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 7, S 7-100, et. seq., OF ORDINANCE NO. 780, THE CITY OF LA PORTE ZONING ORDINANCE, PROVIDING NEW DEFINITIONS OF SHIPPING CONTAINER STORAGE YARDS, TRUCKS, TRUCK TERMINALS, FREIGHT, FREIGHT TERMINALS, OPEN TERRACE, AUTOMOTIVE WRECKING AND SALVAGE YARD, AND SCRAP METAL PROCESSORS; FURTHER AMENDING ARTICLE 13, S 13-401, BY REMOVING CERTAIN USES FROM THE "C" APARTMENT AND COMMERCIAL DISTRICT, AND BY AMENDING CERTAIN OTHER USES IN SAID DISTRICT; FURTHER AMENDING ARTICLE 13, S 13-404 (4) (c) REMOVING THE SQ. FEET OF LOT AREA PER GROUND FLOOR MULTIPLE FAMILY DWELLING UNIT REQUIREMENT, AND REPLACING IT WITH A SIMPLE UNITS PER ACRE DENSITY LIMITATION; FURTHER ADDING TWO NEW CLASSIFICATIONS TO SAID ORDINANCE, SAID CLASSIFI- CATIONS BEING NUMBERED AND TITLED SECTION 13-450, et. seq. "L-l" LIGHT INDUSTRIAL DISTRICT REGULATIONS, AND SECTION 13-475, et. seq. "L-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS; FURTHER AMENDING ARTICLE 13, S 505 (2), TO REQUIRE AUTOMOTIVE WRECKING AND SALVAGE YARDS, AND SCRAP METAL PROCESSORS TO BE LOCATED ON LAND ZONED INDUSTRIAL, FURTHER REQUIRING A SPECIAL USE PERMIT FOR SAID USES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); 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. Section 7-100, et. seq. of the Zoning Ordinance of the City of La Porte, is hereby amended, adding the following definitions in proper numerical and alphabetical sequence, to-wit: "Sec. 7-l03A - Automotive Wrecking and Salvage Yard. Any lot or tract of land whereon three or more discarded, abandoned, junked, wrecked or worn out automotive vehicles, including but not limited to automobiles, trucks, tractor trailers, and buses, are kept or stored for the purpose of disassem- bling, dismantling, cutting up, stripping, or otherwise wrecking such automotive vehicles to extract therefrom parts, components, or acces- sories for sale or for use in automotive repair or rebuilding businesses. "Sec. 7-l39B - Freight Terminal. See definition of S 7-163 Motor Freight Terminal. - - Ordinance No. , Page 2. "Sec. 7-l67A - Open Terrace. a level space or platform constructed of concrete, wood, earth, or other similar materials, raised above average grade, without any enclosing walls or roof attached. An "open terrace" may include a patio or sun deck. "Sec. 7-l70A - Scrap Metal Processor. Business in which the processing of iron, steel, or non-ferrous scrap for remelting purposes is carried on. "Sec. 7-l72A - Shipping Container. Sealable ship- ping containers, designed for intermodal transpor- tation, either with or without a permanent affixed chassis, used in interstate and international commerce for the shipment of goods and merchandise. "Sec. 7-l72B - Shipping Container Storage Yards. A facility for the storage, handling, and repair of shipping containers. "Sec. 7-l85A - Truck Terminal. A commercial facility operated principally for the loading, unloading, storage, handling, maintenance, or repair of any trucks designed, used, or maintained primarily for the commercial transportation of property, including, but not limited to gasoline service stations, shipping container storage yards, warehouses, shipping facilities, or motor freight terminals." Section 2. Section 13-401 of the Zoning Ordinance of the City of La Porte, Texas, is hereby amended to read as follows, to-wit: "Sec. 13-401 - Use Regulations. In the "C" Apartment. and Commercial District, no land shall be used and no building shall be erected for or converted to any other use than: (1) Any use permitted in the "R-2" District. (2) Antique and gift shops. (3) Apartments, apartment hotels, hotels, motels, and motor lodges, town houses, row houses, and patio homes. (4) Art and crafts, pottery, ceramics, and ornamental cement products. (5) Auction rooms. (6) Automobile, motorcycle or trailer display, sales and rental, including the sale of small trucks when the sale of such trucks is not the principal activity. - e Ordinance No. , Page 3. (7) Automobile laundries. (8) Automobile gasoline service stations, including services customarily incidental thereto. (9) Automobile glass, tire, muffler, and seat cover sales and installation. (10) Automobile parking lots and parking garages. (11) Automobile trailer dealerships, for example, "U-Haul", only when in conjunction with an automobile gasoline service station as an accessory use. (12) Bakeries, confectionery and candy retail sales, with manufacturing and processing permitted as an accessory use. (13) Battery rebuilding, but not including reclaiming or salvaging operations. (14) Blue prints and printing shops. (15) Bowling alleys. (16) Business or commercial school. (17) Carpentry, painting, plumbing or tinsmithing shop. (18) Cleaning and dyeing plants, laundry. (19) Dancing or music studios. (20) Day Nursery, kindergartens, nursery schools. (21) Drapery fabrication. (22) Drug Stores, and Pharmacies. (23) Engraving - steel, copper and photo. (24) Florist shops or greenhouses. (25) Frozen food lockers, not including the processing of food except cutting and wrapping. (26) Gunsmitheries. (27) Hardware sales. (28) Ice Plants less than square feet. (29) Jewelry and precision instrument manufacture, and lens grinding. e e Ordinance No. , Page 4. (30) Laboratories, medical and dental. (31) Lamp and lampshade making when conducted on a custom individual unit basis. (32) Launderettes, and self-service laundries. (33) Linen, towel, diaper and similar supply services. (34) Liquor, beer and wine retail sales. (35) Lounges, taverns and private clubs. (36) Meeting and assembly halls. (37) Milk distributing stations. (38) Mirror plating and glass cutting. (39) Mortuaries, funeral homes, and under- taking establishments. (40) Motor vehicle service shops primarily for passenger vehicles, including body repair, painting, and engine rebuilding as principal activities. (41) Museums. (42) Newstands and book and stationery stores. (43) Newspaper and magazine publishing. (44) Nursery stock and garden ornament sales. (45) Offices and office buildings. (46) Parcel delivery stations. (47) Personal service uses, including barber shops, beauty parlors, artist studios, messengers, taxicabs, telegraphic services, dry cleaning and pressing, dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, and other personal service uses of a similar character. (48) Pet shops, retail. (49) Photographers, portrait or camera shops, photo finishing, and picture framing. (50) Physical culture and health services, gymnasiums and reducing salon. e e Ordinance No. , Page 5. (51) Rental shops, except that there shall be no rental of heavy trucks or heavy construction equipment in connection therewith. (52) Restaurants, cafeterias, and drive-in restaurants; provided, that no drive-in restaurant shall be located closer than one hundred (100) feet to any residential district boundary. (53) Retail food outlets, and supermarkets. (54) Rubber stamp manufacturing. (55) Signs (advertising) used in connection with and on the same lot as the business establishments to which they refer, except that they shall not be placed within any required yard not within twenty-five (25) feet of any residential district boundary. (56) Theaters, but not drive-in theaters. (57) Upholstering shop, not involving furniture manufacturing. (58) Variety stores. (59) Veterinarian or animal hospital provided that no such building, kennel or exercise runway shall be closer than fifty (50) feet to any residential district boundary. (60) Wearing apparel outlets. (61) Uses similar to the above mentioned permitted uses, provided the activities conducted observe the requirements of all city ordinances. (62) Uses customarily accessory to the preceding principal uses. (63) Those uses as may be permitted by Article Eleven, Special Permits. Section 3. Section 13-404 (4) (c) of the Zoning Ordinance of the City of La Porte, Texas, is hereby amended to read as follows, to-wit: e e Ordinance No. , Page 6. "Sec. l3-404(4)(c) - A lot on which there is erected or converted, a multiple family dwelling shall contain no more than apartments or dwelling units per acre. Provided, that any lot on which a multiple family dwelling is erected shall contain a minimum of square feet." Section 4. New Section 13-450 et. seq., of Ordinance No. 780, the Zoning Ordinance of the City of La Porte, Texas, creating a new light industrial use classification, is hereby added, in sequence, reading as follows, to-wit: "Sec. 13-450 "L-l" Light Industrial District Regulations. "Sec. 13-451 Purpose. The regulations set forth in this classification, or set forth elsewhere in this ordinance when referred to in this classifi- cation, are the regulations in the "L-l" Light Industrial District. The "L-l" District is intended to serve the needs primarily of manu- facturing, fabrication, assembling, warehousing, and wholesaling. "Sec. 13-452 Use Regulations. In the "L-l" Light Industrial District, no land shall be used and no building shall be erected for or converted to any other use than: (1) Any use permitted in the "CO Apartment and Commerical District; (2) Heavy equipment storage and rental; (3) Job shop; (4) Manufacturing: (5) Painting and sand blasting; (6) Radio and television broadcasting station or studio; (7) Testing and technical laboratories; (8) Warehouses, specifically excluding truck terminals; (9) Welding shops; (10) Plastic extruding shops; e . Ordinance No. , Page 7. (11) Wholesaling facilities; (12) Bottling works; (13) Building material storage yards, pro- vided such facilities shall be enclosed by a screen device as defined in Section 7-171; (14) Creamery, ice cream manufacturing and dairy operations; (15) Farm implement display and sales room; (16) Ice plants, greater than feet1 square (17) Motor vehicle service shops, primarily servicing commercial vehicles, including body repair, painting, and engine re- building as principal activities; (18) Sign painting and fabricating shops; (19) Tire recapping and retreading; (20) Trailer or mobile home sales area; (21) Generally, those office, manufacturing, fabrication, assembling, warehousing, or wholesaling uses similar to those listed in this section, provided that the activities conducted observe the require- ments of all city ordinances. "Sec. 13-453 Height and Area Regulations. Height and area requirements shall be as set forth in Article 14 of this ordinance, and in addition, the following requirements shall apply: (1) Height Regulations: None. (2) Area Regulations: a) Front yard: Thirty (30) feet; b) Side yard: Three ( 3 ) feet: c) Rear yard: None. d) Area of the lot: Same as "C" District; e) Width of lot: The m1n1mum width of the lot shall be fifty (50) feet; f) parking space: Same as "C" District; . e Ordinance No. , Page 8. g) Other regulations: All other regula- tions of Sec. 13-405 and 14-105(2) shall apply to the "L-l" Light Indus- trial District. Section 5. New Section 13-475 et. seq., of Ordinance No. 780, the Zoning Ordinance of the City of La Porte, Texas, creating a new light industrial use classification, is hereby added,. in sequence, and reading as follows, to-wit: "Sec. 13-475 "L-2" Light Industrial District Regulations. "Sec. 13-476 Purpose. The regulations set forth in this classification, or set forth elsewhere in this ordinance when referred to in this classifi- cation, are the regulations in the "L-2" Light Industrial District. The "L-2" District is intended to serve primarily the need to regulate shipping container storage yards, truck terminals, and other transportation related land uses. "Sec. 13-477 Use Regulations. In the "L-2" Light Industrial District, no land shall be used and no building shall be erected for or converted to any other use than: (1) Any use permitted in the "L-l" Light Industrial District; (2) Shipping container storage yards; (3) Truck terminals; (4) Railroad and public transit facilities, including but not limited to, round houses, tie treatment, classification yards, railroad or transit vehicle repair shops, or railroad switching yards; (5) Truck wash; (6) There shall be no buildings or trailers for residential use; provided, however, that this shall not preclude housing for supervisory maintenance, or custodial personnel where industrial processes require them to live on the premises; . e Ordinance No. , Page 9. (7) In addition to the performance standards specified hereinafter, all regulations of the united States, the State of Texas, County of Harris, the City of La Porte relating to such matters as noxious, odorous, and toxic matter; the storage, manufacture, handling, transporting, and use of flammable and explosive materials; and radioactive materials shall apply; (8) Generally, those similar transportation uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences other than the minimum amount normally resulting from the permitted uses in this Section, provided that the activities conducted observe all requirements of all applicable city ordinances. "Sec. 13-478 Height and Area Regulations. All height and area requirements in the "L-2" Light Industrial District use classification shall be as set forth in Section 13-453, together with all other applicable height and area regulations of this ordinance. Section 6. Section 13-505(2) of the zoning Ordinance of the City of La Porte, Texas, is hereby amended to read as follows, to-wit: "Sec. 13-505(2) - Uses for which special permits may be secured, subject to all conditions and safeguards prescribed herein or as may be further prescribed by the Board of Adjustment are as follows: (a) Airport, landing field or landing strip; pro- vided adequate clear zones can be established. (b) Amusement parks, commercial baseball or athletic fields, stadiums, race tracks, circuses, carnivals, and fair grounds; provided such facili- ties conform to the performance standards relating to noise as set forth in Section 13-506, Perform- ance Standards. The illumination of such facili- ties shall not exceed two tenths (0.2) foot-candle across the source property line when adjacent to a Residential District; however, such facilities are permitted the use of an illuminated advertising sign or marquee provided such signs or marquees are not located within twenty-five (25) feet of any Residential District Boundary and the illumi- na tion tion of such signs or marquees does not . e Ordinance No. , Page 10. exceed two tenths (0.2) foot-candle across the source property line. (c) Cemeteries, mausoleum, or creamatories; pro- vided such facilities are enclosed by a screening devise, as defined in Section 2, Definitions. (d) Drive-in theaters, provided they are located on a major thoroughfare and conform to the per- formance standards relating to noise and as set forth in subsection 10.04, Performance Standards. They shall be enclosed by a screening device as defined in Section 2, Definitions. The illumina- tion from such a facility shall not exceed two tenths (0.2) foot-candle across the source pro- perty line when adjacent to a Residential District; however, such facilities are permitted the use of an illuminated advertising sign or marquee provided such signs or marquees are not located within twenty-five (25) feet of any Residential District Boundary and the illumination of such signs or marquees does not exceed two tenths (0.2) foot- candle across the source property line. (e) Golf driving ranges and miniature golf courses; provided the illumination of such facili- ties does not exceed two tenths (0.2) foot-candle as across the source property line when adjacent to a Residential District; however, such facilities are permitted the use of an illuminated advertising sign or marquee provided such signs are not lo- cated within twenty-five (25) feet of any Resi- dential District Boundary and the illumination of such signs or marquees does not exceed two tenths (0.2) foot-candle across the source pro- perty line. (f) Hospitals for the care of alcoholics, mental patients, contagious disease patients, narcotic or psychiatric patients, or penal or correctional institutions; provided such facilities shall be located on a site of not less than five (5) acres. The main and accessory buildings or structures shall not occupy more than ten (10) per cent of the total lot area. The main building or structure shall be set back from all property lines at least one (1) foot for each two (2) feet of additional height above forty-five (45) feet. (g) Sand, gravel, and borrow pits; provided such operations conform to performance standards set forth in Section 13-506, Performance Standards. At the time the special permit is granted, the Board may make special provisions for the restor- ation of such property to a usable condition after excavations have been terminated. (h) Radio, television, or microwave broadcast or relay towers. . e Ordinance No. , Page 11. (i) Sewage, refuse, or garbage disposal and/or treatment plants; provided such facilities conform to performance standard set forth in Section 13-406, Performance Standards. Such facilities shall be enclosed by a screening device as defined in Section 7-171, Definitions. (j) Trailers or mobile homes; provided all appro- priate state, county and city sanitation regula- tions are strictly observed. At least fifteen hundred (1,500) square feet of lot area per trailer shall be provided; no trailer shall be parked closer to the street than the required front yard set back, nor closer than thirty (30) feet to any property line abutting or lying within a Residential District, nor closer than twenty (20) feet to any other property line. A clearance of not less than fifteen (15) feet shall be main- tained between trailer coaches on all sides. Trailer coach spaces abut upon a hard surfaced driveway or accessway of not less than twenty-five (25) feet in width. No service building or other facilities for bathing, laundry, and sanitation as required by the state and local health regulations, shall be located closer to the street than the required front yard set back, not closer than thirty (30) feet to any property line abutting or lying within a Residential District, not closer than twenty (20) feet to any other property line. Such buildings or facilities shall be accessible to all trailer coaches by means of the access drives or hard surfaced walks. Wherever practical, space shall be reserved for recreation and a play- ground. (k) Automotive wrecking and salvage yards, scrap metal processors, and junk or salvage yards; provided that the requirements of Chapter 12 3/4, Section 12 3/4-1, et. seq., of the Code of Ordinances of the City of La Porte are strictly adhered to in addition to the requirements of this ordinance. Section 7. Any person, as def ined 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 Hundred Dollars ($200.00). Section 8. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this . e Ordinance No. , Page 12. 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 9. 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 by law at all times during which this Ordinance and the subject matter thereof has been discussed i considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. 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 in the City of La Porte at least twice wi thin ten (10) days after the passage of this ordinance. Ordinance No. . e , Page 13. 198 PASSED AND APPROVED this the ATTEST: day of CITY OF LA PORTE By City Secretary APPROVED: t5i;;x d City Attorney Virginia Cline, Mayor