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Home My WebLink AboutO-2019-3762 Amending regulations related to resubmission of applications for changes to zoning classification ORDINANCE NO. 2019-3762 AN ORDINANCE AMENDING CHAPTER 106"ZONING"OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO RESUBMISSION OF APPLICATIONS FOR CHANGES TO ZONING CLASSIFICATION OF PROPERTY; 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 II."Administration",Division 5"Amendments",Section 106- 171 "Amendment Procedures", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to add new subparagraph"9"and shall hereinafter read as follows: "Sec. 106-171.—Amendment procedures. The city council may from time to time, on its own motion, the motion of the planning and zoning commission, or on petition, amend, supplement, change, modify or repeal the regulations, restrictions, and boundaries herein established. (1) Public hearing before the city planning and zoning commission. Before taking any action on any proposed amendment,supplement,change,or modification,the city council shall submit the same to the city planning and zoning commission which shall make a preliminary report and hold a public hearing thereon before submitting its final report to the city council. (2) Notice of public hearing before city planning and zoning commission. a. Written notice of all public hearings before the city planning and zoning commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed as well as the La Porte Independent School District, such notice to be given not less than ten days before the date set for hearing, to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same,properly addressed and postage paid, in the city post office. At least 15 days' notice of the time and place of such hearing shall be published once in a newspaper of general circulation in the city. b. Requirements for public notice by sign posting: 1. Public notice for procedures requiring public notice by sign posting shall be provided by the city at least 15 days before the public hearing. 2. The applicant shall place public notice sign on the property within 20 feet of the abutting street. 3. The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right-of-way abutting the property. 4. Public notice sign shall include the date,time,place, and purpose of public hearing. 5. The applicant must return the sign to the city within ten days after the appeal period for the public hearing has ended. 6. The erection of this sign shall not require a permit from the city. (3) Publication of notice. In the event a public hearing shall be held by the city planning and zoning commission in regard to a change of this chapter not involving particular property but involving a change in the chapter generally, notice of such hearing shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearing,which time shall not be earlier than 15 days from the day of such publication. (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 30 days of the close of the public hearing held in accordance with this section. (5) Public hearing before city council. a. Upon receipt of the written recommendations from the planning and zoning commission, a public hearing shall be held by the city council before adopting any proposed amendment, supplement, change, modification or repeal of the regulations, restrictions, and boundaries herein established. b. Notice of such hearing shall be given by publication once in a newspaper of general circulation on the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication. (6) Council actions. The city council shall act upon such motion or petition within 30 days from the date the final report of the city planning and zoning commission was submitted to the city council. (7) Protests. a. In case of a protest against any such amendment, supplement, change, or repeal of the regulations, restrictions, and boundaries herein established, a written protest filed with the enforcement officer and signed by the owners of 20 percent or more of either: 1. The area of lots or land covered by the proposed change;or 2. The area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. Such amendment, supplement,change,modification,or repeal shall not become effective except by the favorable vote of three-fourths of all the members of the city council. 3. Streets and alleys shall be included when computing the area of land from which a protest may be filed. (8) Vote to overrule. The affirmative vote of at least three-fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied. (9) Reconsideration. A request for an amendment to the zoning classification of property that is denied by the city council, or which is withdrawn by an applicant after the planning and zoning commission makes a report recommending denial of such amendment, may not be resubmitted for filing with the city within six (6)months of the date of filing of the first application." Section 2: That Chapter 106, "Zoning," Article II. "Administration", Division 7 "Conditional Use Permits" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new Section 106- 219 "Reconsideration", and which section shall hereinafter read as follows: "Sec. 106-219.—Reconsideration A request for a special conditional use permit that is denied by the city council, or which is withdrawn by an applicant after the planning and zoning commission makes a report recommending denial of the special conditional use permit, may not be resubmitted for filing with the city within six(6) months of the date of filing of the first application." Section 3. 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 4. 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 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. 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 7. 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,thea" ,'? day of rn ,2019. CITY O1I , ' P 'TE, T ..• S I oui ' . Rigby,1# or ATT T: APPROVED AS TO FORM: ;oodwa£ .... 'ity Secre ark T. Askins,Assistant City Attorney