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Home My WebLink AboutO-1982-780-ZZZ . . e ORDINANCE NO. 1JIJ - 2.~i . AN ORDINANCE AMENDING ARTICLE 7, S 7-100, et. seq., OF ORDI- NANCE NO. 780, THE CITY OF LA PORTE ZONING ORDINANCE, PROVIDING NEW DEFINITIONS OF MANUFACTURING, SHIPPING CONTAINER STORAGE YARDS, TRUCKS, TRUCK TERMINALS, TRUCK WASHES, FREIGHT, FREIGHT TERMINALS, OPEN TERRACE, AUTOMOTIVE WRECKING AND SALVAGE YARD, AND SCRAP METAL PROCESSORS: 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 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. e 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 dis~ssem- 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. "Sec. 7-l60A - Manufacturing. the process or operation, whether by hand, machinery, or other agency, whereby material is changed into a different and useful product. . "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. e . e Ordinance No. 15'IJ-Zl.?' , Page 2. "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 facil i ty for the, storage, handling, and repair of shipping containers.' . "Sec. 7-l85A - Truck Termin~l. 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. e- "Sec. 7-l85B - Truck Wash. A commercial facility operated principally for the interior and exterior cleaning of commercial trucks, specifically in- cluding commercial tank trailers as that term is defined in Chapter 25, Article IV, Section 25-80 of the Code of Ordinances of the City of La Porte. Said interior cleaning process par- ticularly involves the'extraction and disposal of the chemicals contained within said tank trailers. Said chemicals frequently are classified as "hazardous waste" undei a~plicable municipal, county, state, and federal regulations." Section 2. Section l3~404( 4) (c) of the Zoning Ordinance of the City of La Porte, Texas, is hereby amended to read as follows, to-wit: "Sec. l3-404(4)(c) - A lot on which there is erected or converted, a multiple family dwelling shall contain no more than twenty-seven (27) apartments or~welling units per acre. Provided, that any lot on which a multiple family dwelling is erected shall contain a minimum of 25,000 square feet." Section 3. Section 13-505 (2) of the Zoning Ordinance of . the City of La Porte, Texas, is hereby amended to read as follows, to-wit: e . e Ordinance No. 1fb~ 2.. 2i , Page 3. "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- nation of such signs or marquees does not exceed two tenths (0.2) foot-candle across the source property line. (c) Cemeteries, mausoleum, or crematories: pro- vided such facilities are enclosed by a screening device, as defined in Section 2, Definitions. e (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. l> . e e Ordinance No. 'liD - 2l~ , Page 4. (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 l3-506, 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. (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-l71, Definitions. e (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. e . e e Ordinance No. 7 fD -1.1.1:. , Page 5. (k) Shipping container storage and repair facilities. (1) Freight terminals. (m) Automotive wrecking and salvage yards, scrap metal processors, and junk or salvage yards: provided that the requirements of Chapter 12 3/4, Section l2 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. II . Section 4. 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 Hundred Dollars ($200.00). Section 5. 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 e 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 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and sub~ect of this meeting of the City Council was posted at a place convenient to the public at the e Ci ty Hall of the Ci ty 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