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HomeMy WebLinkAboutO-2022-3907 - 106 AmendmentsORDINANCE NO.2022-3907 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO DEADLINES FOR RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION, SHOPPING CENTER OFF-STREET PARKING, GAS STATION USES, TOBACCONAPE SHOP USES, GRID -SCALE BATTERY ENERGY STORAGE USES IN COMMERCIAL AND INDUSTRIAL ZONES, AND SETBACKS FOR SWIMMING POOLS; 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 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 offindings 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, signed by the chairperson of the 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 sixty (60) 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. An application 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 by the applicant 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 IX. "Design Guidelines", Division 3 "Design Guidelines for MS and MSO District", Section 106-946 "Scope and enforcement", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: "Sec. 106-946. - Scope and enforcement. (a) Scope. These provisions shall apply to all new commercial and mixed residential/commercial uses. Single family residential is subject to the provisions of section 106-948(f) (Redevelopment principles for single-family dwellings). (b) Enforcement. The provisions of this division shall be administered by the director of planning and development or designee. (1) Existing buildings shall also conform to these requirements upon expansion of over one-third of an area of improvement/development. (2) 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 percent of the value (replacement cost by the certified appraisal) the structure shall conform to these requirements. (3) The standards and criteria contained within this section are deemed to be minimum standards and shall apply to buildings constructed after the effective date of this ordinance. Buildings constructed after the effective date of this ordinance shall at all times comply with the provision of this division and the version of the building design guidelines in force at the time of the building permit application." Section 3: That Chapter 106, "Zoning," Article VI. "Off -Street Parking", Section 106-839 "Number of Spaces Required", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by adding a new use category labeled "Shopping Centers" within the table established in such section, and which new use category shall be inserted at the end of such table and shall hereinafter read as follows: 2017 NAICS 2017 NAICS MINIMUM NUMBER OF REQUIRED PARKING SPACES Code Title (combination) N/A Shopping One Space per 200 feet of gross floor area for shopping Center centers under 25,000 square feet and one space per 250 square feet of gross floor area for shopping centers that are 25,000 square feet or larger Section 4: That Chapter 106, "Zoning," Article I. "In General", Section 106-310 "Table A, Commercial & Industrial Uses", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by adding a new zoning district use classification for Grid -Scale Battery Energy Storage uses, which said zoning use classification shall be inserted at the end of such table and hereinafter read as follows: 2017 NAICS Code 017 NAILS Title 1*$CjMSjGCjMU I LI HI N/A Grid -Scale Battery Energy Storge I I I I I 1C 1C 1C Section 5: That Chapter 106, "Zoning," Article I. "In General", Section 106-310 "Table A, Commercial & Industrial Uses", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by revising the zoning district use classifications corresponding to 2017 NACIS Code 44711 "Gasoline Stations with Convenience Stores" within "Table A, Commercial & Industrial Uses", which said zoning district use classifications corresponding to 2017 NACIS Code 44711 shall hereinafter read as follows: "Sec. 106-310. - Table A, Commercial & Industrial Uses. 017 NAICS Code k0l.7 NAICS Title ** C SGC U I I PI 4711[Gasoline Stations with Convenience Stores I 1C I Ic I Ic 10 1C Section 6: That Chapter 106, "Zoning," Article I. "In General', Section 106-310 "Table A, Commercial & Industrial Uses", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by revising the zoning district use classifications corresponding to 2017 NACIS Code 453991 "Tobacco Stores" and 2017 NAICS Code 453998 "All Other Miscellaneous Store Retailers (except Tobacco Stores)" within "Table A, Commercial & Industrial Uses" which said zoning district use classifications corresponding to 2017 NACIS Code 453991 and 2017 NAICS Code 453998 shall hereinafter read as follows: "Sec. 106-310. - Table A, Commercial & Industrial Uses. 017 NAICS Code 2017 NAICS Title ** C S C U I LI JHI 53991 Tobacco and Smokers' Supply Stores C C C C C 5399$ All Other Miscellaneous Store Retailers (except Tobacco, E-Cigarette and Va a Stores P P P P P Section 7: That Chapter 106, "Zoning," Article V. "Supplementary District Regulations", Section 106-748 "Swimming pools, spas and hot tubs", subsection 1 "Setbacks", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by revising regulations establishing distance requirements for swimming pools located adjacent to structures, and which subsection 1 "Setbacks" shall hereinafter read as follows: (1) Setbacks Pools Spas/Hot Tubs Decks Pumps, Filters, Heating Equipment Separation 6' (minimum of 3' NIA N/A N/A from adjacent with letter from structures licensed engineer) Side setback 5' S' 2' 2' Rear setback 5' S' 2' 2' Setback from 3' May not May not May not utility encroach encroach encroach easement Pools Spas/Hot Tubs Decks Pumps, Filters, Heating Equipment Front setback See section 106- See section See section See section 771(2) 106-771(2) 106-771(2) 106-771(2) (Yard requirements) (Yard (Yard (Yard requirements) requirements) requirements) Section 8. 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 9. 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 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 11. 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 12. 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, the I E day of Dftj-Pyy}IQen 2022. CITY OF LA WRTE, TEXA Louis IZ. jdgby, ATTEST: ----APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney EA Pna%►.