HomeMy WebLinkAboutO-2006-1501-K5 exterior building design standards
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RE UEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requeste .
Requested By: Wayne J. s~tfJ
Appropriation
Source of Funds: N/ A
Account Number:
Department:
Planninl!
Amount Budgeted:
Report: _ Resolution:_Ordinance:--X
Amount Requested:
N/A
Exhibits: Ordinance
Area Map
Budgeted Item:
SUMMARY & RECOMMENDATION
Recent developments have generated discussion on possible controls on architectural standards or
facades on buildings fronting the major corridors or thoroughfares throughout the City of La Porte. While
initial discussions centered on the Main Street District as a way to facilitate interest in redevelopment of
the downtown area, concern has grown over the proliferation of "metal" buildings along the City's major
access ways which may detract from further development.
As reviewed with Council in the January 30, 2006, retreat, current ordinances allow some controls to be
included with Special Conditional Use Permits associated with uses listed as "Conditional" within certain
zoning Districts and for construction within Planned Unit Developments (PUD) which usually normally
follow some form of developer's agreement. No such control, however, is associated with construction of
a development whose use is "permitted" within a zoning district. While the building must meet code, the
City cannot apply architectural standards or facade material. Council previously approved design and
construction standards for commercial and industrial buildings within TlRZ #1. The zoning
ordinance, Chapter 106, Section 106-680 now requires building to be a1oo% masonry and/or
glass product. Nonconforming structures must come into compliance with these standards per
existing regulations in Sections 106-262 and 106-268. These Sections generally require
conformity when damage or renovation is over 50% of the total value, or upon review of a
nonconforming lot of record.
Several cities in the area have approached this issue by writing fac;ade ordinances defining standards to
be used on new construction fronting along identified thoroughfares. Typically, these ordinances
mandate the use of a combination of brick, masonry and glass to a certain percentage to achieve the
desired effect.
After several workshops, the Planning and Zoning Commission on October 19, 2006, conducted a public
hearing and received Citizen input on provisions governing building design and architectural standards for
new projects along major thoroughfares in General Commercial and Industrial Zoning Districts. After
some discussion, it was recommended that the proposed standards be included as footnote 8 to Section
106-443 and footnote 10 to Section 106-522 and be applicable to new construction in GC and BI along
SH 146, SH 225, Fairmont parkway, West Main, Barbour's Cut Boulevard, Old Highway 146
(Broadway), Underwood Road, Bay Area Boulevard, Sens Road, Canada Road and East Main.
The Planning and Zoning Commission excluded Main Street District from these provisions since that
District is considering separate and distinct architectural standards. Heavy Industrial (HI) and Light
Industrial (L1) Districts were not considered by the P&Z. The P&Z also recommended that a Historical
District be considered for exemption. Given that that District has not been considered, as yet, for
creation, the ordinance does not yet address that District and may be considered in the future.
A capsulated Staff recommendation to the P&Z was as follows:
. For new construction, 100% Masonry or glass on front and side walls as may be seen from any
of the stated public thoroughfares.
. Pre-existing buildings are exempted unless enlarged over 1/3 of the area of the building footprint.
. In case of structural damage to the pre-existing building over 50% of the value, the rebuild would
conform to the new standards.
. Exemptions include: pre-existing buildings over 50,000 S.F.; multiple pre-existing structures
and/or multiple business on a single site or parcel; existing shopping centers and business parks
and franchise business with an established theme.
By unanimous vote, the Planning and Zoning Commission recommends that the City Council adopt the
recommended changes as stated.
Action Required bv Council:
I. Conduct a public hearing.
2. Consider approval of an Ordinance to adopt design and architectural standards for new
construction along major thoroughfares in GC and BI zoning districts.
A
/R/r/~
Date f l
ORDINANCE NO. 1501- ff
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY AMENDING DIVISION 3,
"COMMERCIAL DISTRICT REGULATIONS", SUBDIVISION 1 , "GENERALLY",
SECTION 106-443, TABLE B, "COMMERCIAL AREA REQUIREMENTS", BY
ADDING FOOTNOTE 8, PERTAINING TO EXTERIOR BUILDING DESIGN
STANDARDS FOR STRUCTURES LOCATED ALONG MAJOR THOROUGHFARES
IN COMMERCIAL ZONING DISTRICTS; AND BY AMENDING DIVISION 4,
"INDUSTRIAL DISTRICT REGULATIONS", SUBDIVISION 1, "GENERALLY",
SECTION 106-522, TABLE B, "INDUSTRIAL AREA REQUIREMENTS", BY ADDING
FOOTNOTE 10, PERTAINING TO EXTERIOR BUILDING DESIGN STANDARDS FOR
STRUCTURES LOCATED ALONG MAJOR THOROUGHFARES IN BUSINESS
INDUSTRIAL ZONING DISTRICTS; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; 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 October 2006, at 6:00 p.m. a
Public Hearing was held before the Planning and Zoning Commission of the City of La
Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter
551, Texas Government Code, to consider the question and the possible changes to
Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte.
There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein
and made a part hereof for all purposes, a copy of Notice of Public Hearing.
Section 2.
The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof
for all purposes.
Section 3.
Immediately following such public hearing on October 19, 2006,
the Planning and Zoning Commission of the City of La Porte met in regular session to
consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning
Ordinance of the City of La Porte, which were the subject of such public hearing. The
ORDINANCE NO. 1501- ~
Page 2
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 November 16, 2006, a
true copy of which letter is attached hereto as Exhibit "C", incorporated by reference
herein and made a part hereof for all purposes.
Section 4.
Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed changes to the ordinance and the recommendation of
the Planning and Zoning Commission on the 11thday of December, 2006, at 6:00 p.m.,
and pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible changes to the ordinance. There is attached to this
Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for
all purposes, a copy of the notice of public hearing.
Section 5.
The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
Section 6.
The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission regarding the
amendments to the Zoning Ordinance by adding Exterior Building Design Standards, to
wit: Footnote 8 to Section 106-443, Table B, Commercial Area Requirements and
Footnote 10 to Section 106-522, Table B, Industrial Area Requirements, for new
construction along major thoroughfares in General Commercial (GC) and Business
Industrial (BI) zoning districts as shown on Exhibit "F", attached hereto and fully
incorporated in this ordinance as if set forth herein verbatim.
Section 7.
The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines and
ORDINANCE NO. 1501- K5
Page 3
declares that the amendments to the City of La Porte Zoning Ordinance as amendments
thereto are desirable and in furtherance of the goals and objectives stated in the City of
La Porte's Comprehensive Plan.
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,
Chapter 551, Texas Government 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 9.
This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the
11%
day of {)etept~, 2006.
CITY OF LA PORTE
BY:~~~~
ALTON PORTER, Mayor
ATTEST:
B
APPROVED:
By: ~r~
CLARK ASKINS, Assistant City Attorney
THE ST ATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 19th
day of October, 2006, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider amendments to the Zoning Ordinance of
the City of La Porte, pertaining to Exterior Building Design Standards for all commercial buildings
located both in General Commercial and Business Industrial zoning districts along major
thoroughfares in the City of La Porte.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the 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
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or
TDD Line (281) 471-5030 for further iriformation.
smHlsrr 1\
PUBLIC NOTICES"
IUI/OW me PUOIIC nelirtng
forthe purpose of. aqing
upon the' p1,Jblic hearing
items and to conduct other
mailers. . pertaining to . the :
Commission.
281-471-1234
Fax 281-471-5763
THE STATE OF TEXAS
COUNTY OF HARRIS
Cliy OF LA PORTE
NOTICE Of PUBLIC
HEAFlING
Citizens wishing
to address . the Com mis-
, sion' pro or eon during the
public hearing will. be re~
quired to sign in before the
meeting is convened. .
.re Sun
In .' accordance
Nith the proviliions of See-
:ion 106-171 pf the Code
)f Ordinances of the .. ity-.
)~La Porte,andthe p i-..' CMC
~ons of the Texas L /... City Secretary
~Overf1ment c~. .noti >~. ...........'..:. '.'
sMr~bygive i I)a he.<', i":.'.
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; '.....Ew'n ..,: .F>>- "'" 'pndpai1i4ipate:;n'disCiJF
,n,the,19th.. ,of <>C. .to-. ...".....",.,....'A.'. ......... .;;,.~.....';,.,..:.,:.........,.v;......"". ..,
'200' . "'. i....'. slons''1l!.npfl:thls,mf1etmg,
~r, . 61 In Ihe9()unctl. ol'/ever' noaetion 'Will be
,hllmber~ ,.otlheC1tYHCil/l .kiihiJyCouneil;' .,
94~'fa'I'(Q.o~t Parkway;" ',. . .
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()~e. .ofJ9i,S' h,ea[ing . is)OTbjsfaeiJityht1.s.dI~bilitY .
:)n~lder.amer~l1)ents .toacqommodatiof1s,;:avajJa~.
I~ , Z.Onl~g ~PWlnance qfble. ". ReqLJe~tsforaccom~'
I~ ptty. ~f .~a:Porte,.~er- modations.. or J;.,teipretiv~
Untpgt()Exte!lorBulldlng;selViees' ..... 'st' meetings
eSlgn.~!a!ld~r.d~ AOt.all should be made 48 hours
)mm~rClal b;utlcl,ogslo- .' prior '.totM'm~etlng.
lIed .' b~th.. In.. G~netaIPJe~se eontact9itySecre~
oll1m~rcl~I;<l~d '. BU~ln~ss..>!aty's()ffice. . ~.t(281)471..
c;!U~~IJCiI!H~9111I1g .. ~1~lnRt~ ;:'5Q2():or:I{){) :/..ini1 (2811 .... .
oog ~aJor.t~oroughfares 47.1-5030 forriJitherinfor- '.'
the City of L~ Porte. ..... . mation. '
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..... .....A:.r'gular m~el.d
} of the.. P,lanning and
'oing Com(llissi.on.. will
.
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,
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~
ned authority, on this date came and
duly authorized representative of The
ekly newspaper published and generally
ILa Porte, Harris County, Texas and who
rears the attached notice was published in
IIO-i./-Dh .
~
. '-'
.',- ,':...::
Lisa Godfrey
Sworn and subscribed before me this
/!Joutm h<lr ,2006.
d:<'7~
day of,
~~~
" <{ I 10
arolyn Kellogg . - --
Notary Public
Harris County, Texas
KAROLYN KEllOGG
MY COMMISSION EXPIRES
April 11,2010
My Commission Exprires April 11 , 2010
IXHtf:lrr 'Q
.:;,J
City of La Porte
Established 1892
November 16, 2006
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Zoning Ordinance Amendment - Exterior Building Design Standards
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on October 19,
2006, held a public hearing to consider amendments to the Zoning Ordinance (Chapter
106), by amending Section 106-443, Table B, Commercial Area Requirements and
Section 106-522, Table B, Industrial Area Requirements, and by adding footnotes to
these Sections, Exterior Building Designs, for new buildings in General Commercial
(GC) and Business Industrial (BI) zoning districts along major thoroughfares in the City
of La Porte.
The Planning and Zoning Commission, by a unanimous vote (5-0), recommends approval
of the Zoning Ordinance amendments related to Exterior Building Design Standards with
the stipulation to exclude the Main Street District and the future Historical District from
these requirements.
Respectfully Submitted,
-PcJ{Ji~
Pat Muston
Chairperson, Planning and Zoning Commission
c: John Joerns, Acting City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
1XH1Bri C
THE ST ATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 11th day of December,
2006, in the Council Chambers of the City Hall, 604 W. Fainnont Parkway, La Porte, Texas. The
purpose of this hearing is to consider amendments to the Zoning Ordinance of the City of La Porte,
pertaining to Exterior Building Design Standards for new commercial buildings within General
Commercial and Business Industrial zoning districts along major thoroughfares in the City of La
Porte.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the 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
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or
TDD Line (281) 471-5030 for further iriformation.
i1!N. .. ..u"U;;)~1:' u,
r~.l,,~t ~\ }
VI UIU"I<:tIl<.;t1~ 01 'ule vi!}'"
,of La Porte, and 1I1e, provi-
sions of the T~as ,Local
Government Code, notice
is hereby given that the La
Porte City Council will con-
281-471-1' duct a public hearing at
· 6:00 P.M.,onthe 11th day
Fax 281-471. of December, 2006, in the
Council Chambers of the
City Hall, 604 W. Fairmont
Parkway; La Porte, Texas.
S The purpose of this hear-
ing is to consider amend-
U ments, to the Zoning Ordi-
nance of the City of La
Porte, pertaining to Exteri-
or Building Design Stand-
ards for new commercial
buildings within General
Commercial a d Business
Industrial zom g . districts
along major th roughfares
~~~Ei>;E~~~s \.~~~~i~
Before me, the undersign~d authority, on this date Carr;titems'alid to cond t other
appeared Lisa Godfrey, a duly authorized representative '~~~~~f,. pertaining 10 the
Bayshore Sun, a semi-weekly' newspaper published and gf
distributed in the City of La Porte Harris County Texas al. , Citizens wishing
. '. ' .:0 to address the Council pro
after being duly sworn, swears the attached notice was pubh('or con during the public
The Bayshore Sun dated / J-l q -D~ ~~/~i~~ri~gb~~~r~et~:q~~~~j~~
~i,)iS convened.
,.~ _.,.1:
820 S. 8th Street
La Porte, Texas 77571
TheB
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CITY OFLA PORTE
Lisa Godfrey
Martha Gillett,
TRMC, CMC
City Secretary
~h1
~:~':;>
~:(;.
~tl~J1jI~
Karolyn Kellogg
Notary Public
Harris County, Texas
,A quorum of City COUncil
"'. members' may be present
; and participate in discus-
$ions during this meeting,
however, no' action will be
takenby Council,
Sworn and subscribed before me this
,/(/0 vemh er ,2006.
'his facility. has disability
commodations. availa-
e.Reque,sts for ;lccom-
odationsor , interpretive
nt/ces ,'at 'meetings
shQuld be made.48 hours
prior . to the meeting.
Please contact City Secre:
;F"tary's office at (281) 471-
(5020 or TOD Line (281)
;/",,,,,,,;c;,',i' ,..,.,"',471-5030 for further infor-
In.f''';,ae<:9rdance','.....mation.
"Br,Qxl~i9i'i!>;pf~~cJ;/' '
~7nf 9fj!h:~;,G9de ';
; ~ ;')>;:~~f.i,;,,~}::i:'J .' ".,yh~'. ,C/o. ,:, ;"<-"
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My Commission Exprires April 11 , 2010
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Sec. 106-443. Table B, commercial area requirements.
(a) Table B, Commercial area requirements.
TABLE INSET:
Adjacent to
Minimum Minimum Residential Maximum
Maximum Yard Minimum Bldg.
Uses Landscaping Lot Setbacks Yard Height Design
Required Coverage F.R.S. Setback (feet) Standards
5 1.3. 4. 6. 7 7 8
F.R.S.
2, 6
R-3 uses (permitted) except
residential single-family, detached Density Intensity Regulations Specified in Table B, area
and special1ot, duplexes, 6% requirements, section 106-333
quadruplexes, townhouses, and
multifamily
CR Comm. Recreation Dist.; all
permitted or conditional
NC Neighborhood Comm.; all 6% 50% 20-10-0 20-10-10 N/A
permitted or conditional
GC General Comm.; all permitted 100%
6% 40% 20-10-0 20-20-10 N/A Masonry
or conditional Footnote 8
Same as
Outside sales or services N/A N/A 5-5-5 principle N/A
use
Same as See section
Outside storage N/A N/A 20-10-5 principal 1 06-444(b)
use
Freestanding on-premises signs See article VI! of this chapter
Freestanding on-premises signs
located in controlled access See article VII of this chapter
highway corridors
Main Street 6% 60% *-20-5 *-0-0 TBD
Main Street Overlay N/A 80% 0-20-0 N/A TBD
(b) Footnotes to Table B.
1 A minimum landscape setback of 20 feet will be required adjacent to all
designated conservation areas. Buildings, parking areas, loading docks, outside
storage, and refuse containers will not be allowed in such setback areas. A
planting plan is required to be submitted and approved by the enforcing officer.
These areas are to be landscaped with trees, shrubs, and groundcover. Required
landscaping must be maintained by the property owner and/or occupant.
2 Screening is required in conformance with section 106-444(a).
3 All yards adjacent to public right-of-way must be a minimum often feet.
4 The minimum setback adjacent to any utility easement shall be three feet.
5 See article V, division 4 of this chapter for additional requirements.
6 No sign shall be located in a sight triangle so as to obstruct traffic visibility at a
level between three feet and six feet as measured above adjacent road grade.
7 Within the Main Street District the front yard is the average of the existing
structures on that side of the street on the same side of the street or the setback of
the closest structure on an adjacent lot. This applies to the primary structure only.
Any accessory buildings must be a minimum of six feet from the main structure, but
may be zero feet from any lot lines. Within the Main Street District and Overlay,
maximum height is yet to be determined.
8 a) Minimum exterior wall standards shall be one hundred percent (100%) masonry
or glass. Front and side walls, which may be seen from any public thoroughfare,
excluding doors, windows, and window walls, shall be constructed of brick, stone,
masonry, or pre-cast concrete panels.
b) Existing buildings shall also conform to this requirement upon expansion of over
one third (1/3) of an area of improvement/development.
c) In case of structural damage to the front of the building due to fire, flood or other
reasons, and the cost of redevelopment is in excess of 50% of the value, the
structure shall conform to the above requirements.
d) These provisions shall apply to all new developments and buildings located
adjacent to and along the following thoroughfares, roadways, and collector streets:
State Highway 146; State Highway 225; Fairmont Parkway; West Main Street;
Spencer Highway; Barbour's Cut Boulevard; North and South Broadway Streets
(Old Highway 146); Underwood Road; Bay Area Boulevard; Sens Road; Canada
Road; and East Main Street.
e) The following are exempt from the above requirements, unless otherwise
required by applicable building codes.
i) Any pre-existing building that contains a single business or multiple
businesses and has a footprint of over 50,000 square feet.
ii) Multiple pre-existing buildings and/or multiple pre-existing businesses on a
single site or parcel of land.
iii) Existing shopping centers and business parks.
iv) Franchise business with an established theme.
v) All existing and new developments located within the Main Street District.
.-
Sec. 106-522. Table B, industrial area requirements.
(a) Table B, industrial area requirements.
TABLE INSET:
Adjacent to
Minimum Maximum Minimum Residential
Yard Minimum Maximum Bldg.
Landscaping Lot Setbacks Yard Height Design
Uses Requirements Coverage F.R.S. Setback (feet) Standards
(percent) (percent) (feet) F.R.S. 6,1,8 In
4.9 1,3,5 (feet)
2, 5
Bl business-industrial park; all 6 50 50-40-30 50-40-30 N/A 100%
permitted or conditional Masonry
Footnote 10
LI light industrial district; all 6 70 20-10-10 30-50-50 N/A
permitted or conditional
Same as
Loading docks N/A N/A 130-130- principal N/A
130 use plus
]30 ft.
Same as Section 106-
Outside storage N/A N/A 20-10-5 principal 444(b)
use
Truck stops ]5 50 50-40-30 50-40-30
Shipping containers 6 N/A 50-50-30 100-150- 36
150
On- and off-premises See article VII of this chapter
freestanding signs
Freestanding on-premises signs
located in controlled access See article VII of this chapter
highway corridors
(b ) Footnotes.
1. A minimum landscape setback of 20 feet will be required adjacent to all designated
conservation areas. Buildings, parking areas, loading docks, outside storage, and
refuse containers will not be allowed in such setback areas. These areas are to be
landscaped with trees, shrubs, and ground cover, with a planting plan required to be
submitted and approved by the enforcement officer. Required landscaping must be
maintained by the property owner and/or occupant.
2. No buildings, parking areas, loading docks, outside storage, or refuse containers will
be allowed in such setback areas. These areas are to be landscaped with trees, shrubs
3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad right-of-
way, or rail service spurs.
4. See article V, division 4 of this chapter for additional requirements.
5. No sign shall be located in a required sight triangle in such a manner as to obstruct
traffic visibility at a level between three feet and six feet as measured above adjacent
road grade.
6. Height restrictions may be modified as a conditional use, provided that no
modification of height restrictions may occur adjacent to property zoned residential or
commercial. Provided further that no modification shall be permitted if said
modification would pose a danger to life or property.
7. Shipping containers are permitted to be stacked up to four containers in height.
8. Shipping containers will be stacked in a 'pyramid' appearance along the front of the
site. The initial row shall not exceed two containers in height, with each successive
interior row gaining one container in height to a maximum of four containers in
height. For the sides beyond the front area, the 'pyramid' appearance shall not be
required.
9. Landscaping/screening will be required adjacent to residential area.
10. a) Minimum exterior wall standards shall be one hundred percent (100%) masonry or
glass. Front and side walls, which may be seen from any public thoroughfare,
excluding doors, windows, and window walls, shall be constructed of brick, stone,
masonry, or pre-cast concrete panels.
b) Existing buildings shall also conform to this requirement upon expansion of over
one third (1/3) of an area of improvement/development.
c) In case of structural damage to the front of the building due to fire, flood or other
reasons, and the cost of redevelopment is in excess of 50% of the value, the
structure shall conform to the above requirements.
d) These provisions shall apply to all new developments and buildings located
adjacent to and along the following thoroughfares, roadways, and collector streets:
State Highway 146; State Highway 225; Fairmont Parkway; West Main Street;
Barbour's Cut Boulevard; Spencer Highway; North and South Broadway Streets (Old
Highway 146); Underwood Road; Bay Area Boulevard; Sens Road; Canada Road;
and East Main Street.
e) The following are exempt from the above requirements, unless otherwise required
by applicable building codes.
i) Any pre-existing building that contains a single business or multiple
businesses and has a footprint of over 50,000 square feet.
ii) Multiple pre-existing buildings and/or multiple pre-existing businesses on a
single site or parcel of land.
iii) Existing shopping centers and business parks.
iv) Franchise business with an established theme.
(Ord. No. 1501-X, S 5, 12-16-96; Ord. No. 1501-BB, S 6, 9-15-98; Ord. No. 1501-II, S 6,
3-27-00; Ord. No. 1501-FFFF, S 7(Exh. F), 2-28-05; Ord. No. 1501-0000, S 7(Exh. F),
6-27 -05)