HomeMy WebLinkAboutO-2012-3406 regulations pertaining to operation of group care facilitiesOtLlf t
ORDINANCE NO. "
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY ENACTING REGULATIONS
PERTAINING TO THE OPERATION OF GROUP CARE FACILITIES; ESTABLISHING AN
ANNUAL REGISTRATION FEE; 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; 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 of the La Porte Code of Ordinances, "Zoning", Article I, "In
General", is hereby amended by amending Section 106-1, "Definitions", by amending the
following terms, which shall hereinafter read as follows:
Sect. 106-1. Definitions.
"Family means any number of related persons or, not more than four unrelated persons living as
a single housekeeping unit. The limitation on the number of unrelated persons in a single
housekeeping unit shall not apply in the case of group care facilities, as that term is defined in
this section."
"Group care facilities means residential facilities providing food and shelter to persons who are
unrelated to the proprietor of the dwelling and/or establishment, designed to provide a transition
from traditional treatment facilities to normal daily living for special populations such as the
elderly, mentally handicapped, physically handicapped, or recovering substance users. These
facilities include but are not limited to half -way houses and group homes."
Section 2. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article III.
"Districts", Division 2. "Residential District Regulations" is hereby amended by amending use
standards for group care facilities and freestanding on -premises signs, as established in Section
106-331. "Table A, residential uses", which section shall read as follows:
Sec. 106-331. Table A, residential uses.
P (a - k)—Permitted uses (subject to designated criteria established in S. 106-334).
Uses (SIC Code #)
Zones
R-1
R-2
R-3
MH
LL
Group care facilities
(similar to SIC Industry
Group #836 - Except
halfway homes for
delinquents and
offenders; juvenile
correctional homes,
orphanages; homes for
destitute men & women;
self-help group homes for
persons with social or
personal problems, and
training schools for
delinquents) :
(3) or less persons
P (j)
P (j)
P Q)
P (j)
P (j)
(4) or more persons
P (k)
P (k)
P (k)
P (k)
P (k)
Freestanding on -premises
identification sign;
townhouses, multi -family
developments, group care
facilities (except when See article VII of this chapter
located within a
residential neighborhood),
subdivisions, education
and religious facilities
Section 3. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article III.
"Districts", Division 2. "Residential District Regulations" is hereby amended by amending area
requirements for child care homes and group homes, as established in Section 106-333. "Table
B, residential area requirements", which section shall read as follows:
Sec. 106-333. - Table B, residential area requirements.
(a) Table B, residential area requirements.
Uses
8
Min.
Lot
Area
/D.U.
S. F.
Minimu
m Lot
Width
L.F.
Minimum Yard
Setbacks L.F. F.R.S.
2, 3, 4, 5, 6, 10, 11,
12,13,14,15
Maximum
Height
Minimum
Site
Area/Unit
S. F. 5
Minimum
Dev. Open
Space/Unit
S.F.
Maximum Lot
Coverage/Min.
Landscaping
Required 9,19,
20
Group Care
Facilities/
State Licensed
& Registered
Child-care
homes
Same as Principal Structure
(Max. (12) in
private home;
per Tx. Dept.
of Family &
Protective
Services)
Section 4. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article III.
"Districts", Division 2. "Residential District Regulations" is hereby amended by adding Section
106-333 0) and (k), "Special use performance standards; residential.", which section shall read
as follows:
Sec. 106-334. Special use performance standards; residential.
0) Group care facilities that provide food and shelter to 3 or fewer persons (aka community
homes, residential personal care homes, living centers, assisted living centers and similar uses as
identified in SIC Industry Group #836 (Residential Care), Industry #8361.
1. Location: Facilities shall be permitted as a use -by -right in R-1 Low Density
Residential, R-2 Mid Density Residential, R-3 High Density Residential, MH
Manufactured Housing and LL Large Lot Districts.
2. Distance Requirement: Group care facilities shall not be closer than 1,000 feet to
a similar use (SIC Industry Group #836). Measurement shall be from the nearest
boundary of the sites on which they are located.
3. Signage: Group care facilities located within a residential neighborhood shall be
allowed to have one (1) sign not exceeding two (2) square feet in area, non -illuminated
and mounted flat against the wall of the principal building.
4. Visual Compatibility: There shall be no change in the outside appearance of the
building or premises. No structural alterations shall be permitted that will cause the
group care facility to be substantially distinguishable from other surrounding residential
properties.
5. Registration Requirement: Facilities shall comply with all city regulations and
register their facility with the City annually by obtaining a Group Care Facility
Certificate. The certificate cost shall be at the rate established in Appendix A, fees, of
this Code, shall expire on December 31St of each year. Such fee shall be payable to the
City on or before December 15th for the next succeeding calendar year. The fee provided
for in this article shall not be subject to proration or reduction for payment for a period of
less than twelve (12) calendar months. Operation of a facility without first having
obtained the required certificate shall be deemed a violation this article.
6. Payment of Taxes: All ad valorem taxes on any and all property, personal or real,
necessary to the operation of the facility must be paid prior to the issuance or renewal of
the certificate.
7. Displa off Registration Certificate. Every facility so registered shall display an
active registration certificate in a conspicuous place, within the facility common area, so
as to be easily seen by the public.
8. Access to the Facility: City personnel shall have right -of -entry to ensure safe
habitability and public safety. City personnel shall advise on-site facility personnel of the
purpose of their visit.
9. Annual Inspection: The Fire Marshal's Office shall perform a minimum of one
(1) annual inspection for each group care facility. Facilities shall comply with all
applicable city codes, ordinances, policies and regulations.
(k). Facilities shall be in compliance with State regulations pertaining to group care facilities.
To ensure compliance with state regulations, a copy of the facility's active State license shall be
provided to the City, when requested by city staff.
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Section 5. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article VII, "Signs",
is hereby amended by amending Section 106-874, "On -Premise Signs", which shall read as
follows:
Sec. 106-874. - On -premises signs.
(a) Freestanding on premises signs.
(2) R-1, R-2, R-3, MH and LL districts.
a. One freestanding identification sign is permitted for townhouses, multifamily
developments, group care facilities (except when located within a residential
neighborhood), subdivisions, education and religious facilities.
(b) Attached on premises signs.
(2) R-1, R-2, R-3, MH and LL districts.
a. The size of the sign may not exceed three square feet.
b. No portion of the sign may have a luminous greater than 200 footcandles and
may not move, flash, rotate or change illumination.
c. Signage: Group care facilities located within a residential neighborhood shall be
allowed to have one (1) sign not exceeding two (2) square feet in area, non -illuminated
and mounted flat against the wall of the principal building.
(3) CR, NC, GC, BI, LI, and HI districts.
a. The cumulative size of the signs may not exceed 15 percent of the wall area.
b. If located closer than 50 feet to an R-1, R-2, or MH district, the sign may not
flash and must be designed so that it does not shine or reflect light into adjacent
residences.
C. One attached canopy sign may be displayed. Such sign shall not exceed 30
percent of the canopy area. Such sign must be contained within the physical limits of
the canopy and shall not extend above or below the canopy.
Section 6. That Appendix A, "Fees", Chapter 106 "Zoning", Article III, "Districts", Division 2.
"Residential District Regulations", of the La Porte Code of Ordinances, is hereby amended to
read as follows:
Chapter 106. Zoning
"Article IIL Districts
Division 2. Residential District Regulations
(a) Group Care Facility Registration Fee $25.00 106-334
Fee shall not be Pro -Rated "
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Section 7: 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 8: 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.
Section 9. 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 10. 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, Texas Local 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 11. This Ordinance shall be effective ninety (90) 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.
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PASSED AND APPROVED this the day of M a r c. V1 , 2012.
ATTEST:
Cit ecretar
APPROV D:
Assistant City Attorney
CITY OF LA
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R. R[gbV, Mayor