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HomeMy WebLinkAboutO-2010-3290 allow shipping containers as accessory structures in (LL) residential, (GC),(BI), and (LI) zoning districtsREQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 11, 2010 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: Ordinance (showing changes) Ordinance Appropriation: N/A Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: SUMMARY & RECOMMENDATION City Council has directed staff to assess and make recommendations on standards and specifications for shipping containers when used in the capacity of an accessory structure. Staff reviewed existing and proposed provisions during workshop meetings with the Planning and Zoning Commission. Proposed standards and specifications for shipping containers as accessory structures are as follows: ■ No more than one container, not larger than 350 square feet, may be located at sites in Large Lot (LL) and General Commercial (GC) zoning districts. In the case of Light Industrial (LI) and Business Industrial (BI) zoning districts, 1 container per 3 acres and maximum of 3 containers per site shall be permitted. ■ Overall lot coverage and yard setbacks shall not exceed those applicable to the subject zoning districts. ■ Containers shall not be stacked. • Structure must have a minimum 3/12 pitched composition shingled roof and be covered with hardy plank or other suitable material. The doors may remain uncovered. ■ The building may be placed on the ground without a foundation provided that building is anchored to the ground. ■ Within 30 days of the issuance of a building permit, shipping container shall be enclosed within a building or required components shall be attached to the frame of the container. ■ Failure to comply with these provisions will cause removal of the container from the property at the owner's expense. In addition, shipping containers, as mobile supply tool/material supply storage, would be allowed to a maximum of up to two units at their operating business location provided that the units are screened from public view and from the right-of-way and subject to requirements per Section 106-444 (a) (b) of the City's Code of Ordinances. The Planning and Zoning Commission, at their September 16, 2010, meeting, held a public hearing to receive public comment on shipping containers allowed as accessory structures in Large Lot (LL) residential, General Commercial (GC), Business Industrial (BI), and Light Industrial (LI) zoning districts. The Planning and Zoning Commission, by a 6-0 vote, recommends City Council consider approval of the amendments being proposed. Action Required by Council: 1. Conduct public hearing. 2. Consider taking action on recommendation by P&Z on proposed amendments allowing shipping containers as accessory structures in Large Lot (LL) residential, General Commercial (GC), Business Industrial (BI), and Light Industrial (LI) zoning districts. Ron Bottoms, City Manager 0 4 Ga Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE I, "IN GENERAL", SECTION 106-1, DEFINITIONS, ARTICLE V, "SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 2, "ACCESSORY BUILDINGS, USES, AND EQUIPMENT", AND SECTION 106-751, "SHIPPING CONTAINERS", TO ALLOW THE USE OF SHIPPING CONTAINERS AS ACCESSORY STRUCTURES IN CERTAIN ZONING DISTRICTS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 ($2,000); 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 106-1, "Definitions", is hereby amended to add the following term, which shall be added to said section in proper alphabetical sequence: "Shipping container means sealable shipping containers, designed for intermodal transportation, either with or without a permanent affixed chassis, and which may be used in intrastate, interstate and international commerce for the shipment of goods and merchandise, or for storage purposes." Section 2: That Chapter 106, "Zoning," Article V. "Supplementary District Regulations", Division 2, "Accessory Buildings, Uses, and Equipment", Section 106-751, Shipping Containers", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 106-751. Shipping containers. a. Shipping containers may be used as temporary material storage facilities on construction sites in all zoning districts except residential (R-1, R-2, and R-3). (Ord. No. 1501 -II, § 7, 3-27-00) In addition, commercial construction allowed in residential zoning districts may use shipping containers as temporary material storage facilities. (Note: Certificate of Occupancy shall not be issued until shipping container is removed from the site.) b. Shipping containers may be used as an accessory structure in LL GC BI & LI zoning districts. Shipping containers utilized as an accessory building/structure shall be subject to the ollowingprovisions and shall comply with all applicable permit conditions: 1. It shall comply with all yard setbacks. 2. No lamer than 350 square feet and no more than one container may be located at site In case o Light Industrial (LI) and Business Industrial (BI) zoning districts I container per 3 acres and maximum of 3 containers per site shall be permitted. 3. Overall lot coverage shall not exceed those applicable to the subject zoning districts 4. Containers shall not be stacked. 5. Structure must have a minimum 3/12 pitched composition shingled roof or other material approved by the Director. 6. All sidings shall be covered with hardy plank or other material approved by the Director The doors may remain uncovered. 7. The building mqy be placed on the ground without a foundation provided that building anchored to the ground per standard building codes. 8. Structure shall be architecturally and aesthetically complimentary with the primary building 9. A building permit shall be applicable prior to installation. 10. Within 30 days of the issuance of a building permit shipping container shall be enclosed within a building or required components shall be attached to the frame of the container. 11. Maintenance of all items required herein is the sole responsibilit�of the owner. 12. Failure to comply with these provisions will cause removal of the container from the property at the owner's expense. C. The owner ofshipping containers utilized as mobile supply tool/material suppl storage units are allowed to stage a maximum of up to two units at their operating business location provided that the units are screened from public view and from right-of-way subject to requirements of Section 106-444 (a) 0) of this chapter." Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. 2 Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). 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, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED this the day of , 2010. CITY OF LA PORTE Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney xiD - ORDINANCE NO. Z q D AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE I, "IN GENERAL", SECTION 106-1, "DEFINITIONS", ARTICLE V, "SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 2; "ACCESSORY BUILDINGS, USES, AND EQUIPMENT", AND SECTION 106-751, " SHIPPING CONTAINERS", TO ALLOW THE USE OF SHIPPING CONTAINERS AS ACCESSORY STRUCTURES IN CERTAIN ZONING DISTICTS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 ($2,000); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. 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 106-1, "Definitions", is hereby amended to add the following term, which shall be added to said section in proper alphabetical sequence: "Shipping container means sealable shipping containers, designed for intermodal transportation, either with or without a permanent affixed chassis, and which may be used in intrastate, interstate and international commerce for the shipment of goods and merchandise, or for storage purposes." Section 2: That Chapter 106, "Zoning," Article V. "Supplementary District Regulations", Division 2, "Accessory Buildings, Uses, and Equipment", Section 106-751, "Shipping Containers", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 106-751. Shipping containers. a. Shipping containers may be used as temporary material storage facilities on construction sites in all zoning districts except residential (R-1, R-2, and R-3). (Ord. No. 1501 -II, § 7, 3-27-00) In addition, commercial construction allowed in residential zoning districts may use shipping containers as temporary material storage facilities. (Note: Certificate of Occupancy shall not be issued until shipping container is removed from the site.) b. Shipping containers may be used as an accessory structure in LL, GC, BI & LI zoning districts. Shipping containers utilized as an accessory building/structure shall be subject to the following provisions and shall comply with all applicable permit conditions: 1. It shall comply with all yard setbacks. 2. No larger than 350 square feet and no more than one container may be located at site. In case of Light Industrial (LI) and Business Industrial (BI) zoning districts, 1 container per 3 acres and maximum of 3 containers per site shall be permitted. 3. Overall lot coverage shall not exceed those applicable to the subject zoning districts. 4. Containers shall not be stacked. 5. Structure must have a minimum 3/12 pitched composition shingled roof or other material approved by the Director. 6. All sidings shall be covered with hardy plank, or other material approved by the Director. The doors may remain uncovered. 7. The building may be placed on the ground without a foundation provided that building is anchored to the ground per standard building codes. 8. Structure shall be architecturally and aesthetically complimentary with the primary building. 9. A building permit shall be applicable prior to installation. 10. Within 30 days of the issuance of a building permit, shipping container shall be enclosed within a building or required components shall be attached to the frame of the container. 11. Maintenance of all items required herein is the sole responsibility of the owner. 12. Failure to comply with these provisions will cause removal of the container from the property at the owner's expense. C. The owners of shipping containers utilized as mobile supply tool/material supply storage units are allowed to stage a maximum of up to two units at their operating business location provided that the units are screened from public view and from right-of-way subject to requirements of Section 106-444 (a) (b) of this chapter." Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. 2 Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). 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, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED this the day of J.�, , 2010. CITY OF LA IN , Mayor ATTEST: Martha Gillett, ity Secretary APPROVED: Cla T. Askins, Assistant City Attorney