HomeMy WebLinkAbout10-16-08 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission
Minutes of the Meeting
PLANNING AND ZONING COMMISSION
MINUTES OF OCOTOBER 16, 2008
Members Present:
Hal Lawler, Dottie Kaminski, Nick Barrera, Les Bird, Kirby Linscomb, Jr., Paul
Berner and David Janda (Alt 1),
Members Absent:
Doretta Finch, and Lou Ann Martin (Alt 2)
City Staff Present:
Planning Director, Tim Tietjens; City Planner, Masood Malik; Assistant City
Attorney, Clark Askins; Planning Assistant, Shannon Green; Main Street
Coordinator, Debra Dye; and Chief Building Official, Debbie Wilmore
Others Present:
Numerous citizens
1. CALL TO ORDER.
Meeting called to order by Chairman Hal Lawler at 6:03 p.m.
2. CONSIDER APPROVAL OF THE AUGUST 21, 2008, MEETING MINUTES
Motion by Dottie Kaminski to approve the Minutes of August 21, 2008. Second by Nick Barrera.
The motion carried.
Ayes:
Hal Lawler, Dottie Kaminski, Nick Barrera, Les Bird, Kirby Linscomb, Jr., David
Janda, and Paul Berner
None
None
Nays:
Abstain:
3. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE
PERMIT REQUEST #SCU08-008 FOR APPROX. 1-ACRE TRACT, DESCRIBED AS 241B,
OUT OF OUTLOTS 241, LA PORTE OUTLOTS, AS RECORDED IN VOLUME 60, PAGE 114,
HARRIS COUNTY DEED RECORDS, ENOCH BRINSON SURVEY, ABSTRACT 5, LA PORTE,
HARRIS COUNTY, TEXAS AS REQUESTED BY MR. DEAN WYMAN FOR THE
DEVELOPMENT OF BED AND BREAKFAST FACILITY AT 2226 SENS ROAD. BED &
BREAKFAST IS CLASSIFIED AS A CONDITIONAL USE IN GENERAL COMMERCIAL (GC)
ZONING DISTRICT PER THE CODE OF ORDINANCES.
Chairman Hal Lawler opened the public hearing at 6:08 p.m.
A. STAFF PRESENTATION
Staffs Report was presented by Masood Malik, City Planner. The applicant; Dean
Wynman, has requested a Special Conditional Use Permit for development of a two room
rental Bed and Breakfast facility at 2226 Sens Road.
Public Notices were mailed to eight property owners located within 200' from the subject
property. The City received four responses in favor and one opposed to the request.
B. PROPONENTS
Maggie Anderson, of 909 Garden Walk, favors new business in La Porte and welcomes
a new Bed & Breakfast.
C. OPPONENTS
Bob Schlenk, of 2231 & 2235 Sens Road, was opposed if the zoning was to be changed.
Chairman Lawler informed Mr. Schlenk the zoning would not be changed. Mr. Schlenk
then said he was in favor of the Bed and Breakfast.
Planning and Zoning Commission
Minutes of October 16, 2008
Page 2 of 5
4. CLOSE PUBLIC HEARING
Chairman Lawler closed the public hearing at 6:25 p.m.
5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL
USE PERMIT REQUEST #SCU08-008.
Motion by David Janda to recommend to City Council approval of Special Conditional Use Permit
#SCU08-008 with the following conditions:
1. This SCUP is specifically for the development of a bed & breakfast facility with two (2)
rental bedrooms.
2. Expansion of number of bedrooms for this facility shall be prohibited.
3. No person other than member of the family residing in the premises shall be engaged in
such business.
4. With the reconstruction/widening of Sens Road, two existing driveways shall be restricted to
only one driveway.
5. Screening and/or landscaping adjacent to residential area shall be required in accordance
with Section 106-444(a) of the Code of Ordinances.
6. Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer.
7. Existing vegetation and trees shall remain in place along Sens Road and North 'H' Street.
8. All lighting in the parking lot shall be hooded and arranged to deflect light away from the
nearby residential properties in compliance with Section 106-521(a) of the Code of
Ordinances.
9. Property line fence shall not be erected within the required landscaped portion of the front
yard setback per Section 106-797 of the Code of Ordinances.
10. All new signage shall require a separate permit from the City's Inspection Division.
11. This permit does not become valid until a Development Site Plan is reviewed and
approved in accordance with the requirements of the Development Ordinance.
12. The Developer shall comply with all applicable laws and ordinances of the City and the
State of Texas
Second by Kirby Linscomb. The motion carried.
Ayes:
Hal Lawler, Dottie Kaminski, Nick Barrera, Les Bird, Kirby Linscomb, Jr., David
Janda, and Paul Berner
None
None
Nays:
Abstain:
6. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON A PROPOSED AMENDMENT TO
CHAPTER 106 OF THE CODE OF ORDINANCES BY AMENDING SECTION 106-799,
"CONSTRUCTION, MAINTENANCE OF ELECTRIC FENCES PROHIBITED", BY ALLOWING
ELECTRIC FENCES ON THE PREMISES OF SINGLE-FAMILY DWELLINGS LOCATED WITHIN
THE CITY LIMITS OF LA PORTE, AND AMENDING APPENDIX B "FINES" TO ESTABLISH FINE
AMOUNT OF $2000.00.
Chairman Hal Lawler opened the public hearing at 6:32 p.m.
A. STAFF PRESENTATION
Staffs Report was presented by Debbie Wilmore, Chief Building Official. The city
received a request to install an electric fence at a residential dwelling to help the resident
contain the dogs at their licensed kennel. City Council adopted an Ordinance in 1971
that prohibits the use of electric fences. Since that time, electric fencing has changed.
Manufacturers are required to have their product UL approved and give off a pulsating jolt
and then stop for quick release.
Planning and Zoning Commission
Minutes of October 16, 2008
Page 3 of 5
Mrs. Wilmore informed the Commission; that with a required permit, there would be
standards in place to have more control over the use and installation of the electric
fences. With a required permit, Staff would inspect the fence to confirm it has been UL
approved and installed in accordance with the manufacturer's instructions.
B. PROPONENTS
Maggie Anderson, of 909 Garden Walk, favors changes to the Ordinance. Most people
use this type of fencing to stop their animal from digging out of the yard or to stop animals
from digging in their garden.
Lori Druckenbrodt, of 11315 N. H Street, is in favor of the changes to the Ordinance. She
informed the Commission the city asked her to remove her fence to be in compliance with
the code. She is concerned for the safety of her dogs. Her dogs dig out from the existing
fence she uses the electric fence to stop them from digging.
C. OPPONENTS
No one spoke in opposition to the request.
7. CLOSE PUBLIC HEARING
Chairman Lawler closed the public hearing at 7:52 p.m.
8. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING A PROPOSED
AMENDMENT TO CHAPTER 106 OF THE CODE OF ORDINANCES BY AMENDING SECTION
106-799, "CONSTRUCTION, MAINTENANCE OF ELECTRIC FENCES PROHIBITED", BY
ALLOWING ELECTRIC FENCES ON THE PREMISES OF SINGLE-FAMILY DWELLINGS
LOCATED WITHIN THE CITY LIMITS OF LA PORTE, AND AMENDING APPENDIX B "FINES"
TO ESTABLISH FINE AMOUNT OF $2000.00.
Motion by Nick Barrera to recommend to City Council, an amendment to allow electric fences on
the premises of single-family dwellings with a permit from the Inspections Division and to include
signage on the property to alert someone that there is an electric fence on the property.
Second by Kirby Linscomb. The Motion Carried.
Ayes:
Hal Lawler, Dottie Kaminski, Nick Barrera, Les Bird, Kirby Linscomb, Jr., David
Janda, and Paul Berner
None
None
Nays:
Abstain:
9. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON A PROPOSED AMENDMENT TO
CHAPTER 106 OF THE CODE OF ORDINANCES BY AMENDING SECTION 106-521, TABLE A,
"INDUSTRIAL USES", REGARDING TRUCKING TERMINALS IN LIGHT INDUSTRIAL (L1) AND
HEAVY INDUSTRIAL (HI) ZONING DISTRICTS WHEN LOCATED ON AUTHORIZED TRUCK
ROUTES WITHIN THE CITY LIMITS OF LA PORTE.
Chairman Lawler opened the Public hearing at 8:02
A. STAFF PRESENTATION
Staff's Report was presented by Tim Tietjens, Planning Director. Mr. Tietjens reported on
current conditions and future plans to improve truck transportation and safety. Mr.
Tietjens spoke on areas of concern and about the language contained in the ordinances
governing the trucking facilities, terminals/yards, and specifically truck routes within the
Planning and Zoning Commission
Minutes of October 16, 2008
Page 4 of 5
City limits of La Porte. In addition, regulations such as location of truck terminals and
truck routes are delineated in the Traffic and Vehicles Ordinance (Chapter 70) enforced
by the Police Department. The purpose of the proposed changes are to correlate the
provisions of the Zoning Ordinance with the Traffic and Vehicle Ordinance for suitable
placement of trucking facilities and proper use of the City's truck routes.
The Commission requested additional information on the matter and felt the item should
be tabled until a workshop could be held.
B. PROPONENTS
None
C. OPPONENTS
None
10. CLOSE PUBLIC HEARING
No public comment was taken.
11. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING A PROPOSED
AMENDMENT TO CHAPTER 106 OF THE CODE OF ORDINANCES BY AMENDING SECTION
106-521, TABLE A, "INDUSTRIAL USES", REGARDING TRUCKING TERMINALS IN LIGHT
INDUSTRIAL (L1) AND HEAVY INDUSTRIAL (HI) ZONING DISTRICTS WHEN LOCATED ON
AUTHORIZED TRUCK ROUTES WITHIN THE CITY LIMITS OF LA PORTE.
Motion by Nick Barrera, to table the item for further discussion at a future workshop, the
amendment to Chapter 106-521 of the Code of Ordinances. Second by Kirby Linscomb. The
Motion carried.
Ayes:
Hal Lawler, Dottie Kaminski, Nick Barrera, Kirby Linscomb, Jr., David
Janda, and Paul Berner
Les Bird
None
Nays:
Abstain:
12. ADMINISTRATIVE REPORTS
Debra Dye, Main Street Coordinator, updated the Commission on the progress of the Main Street
Design Package. The Main Street Advisory Board and Main Street Design Committee are
making great strides in putting together three design related documents that will be moving
forward at the same time:
1. Main Street Design Certificate
The proposed certificate process will consist of anything that aesthetically changes the
exterior of the structure or site. The certificate will be needed before a permit can be
awarded.
2. Main Street Enhancement Grant
The La Porte Development Corporation Board has budgeted $200.000.00 to be utilized to
assist Main Street property owners in beautifying their property. This will be a
reimbursement grant program.
3. Main Street Design Guidelines & Resources Services
The general concept of the Design Guidelines is to utilize the north side of the 300 block
of Main Street as a template for architectural styles in the Main Street District. This block
consists of architecture DAR.T. will oversee, comes from the Old Ranchero Block. This
Planning and Zoning Commission
Minutes of October 16, 2008
Page 5 of 5
block consists of building from the late 1800's to the 1950's that has naturally evolved in
La Porte. We are trying to broaden the scope. Any new structure must meet this criteria
of design.
The proposed Main Street Design Assistance Review Team (DAR.T.) will be made up of select
staff members and community members with a design or architectural background; this
knowledge base will be very important in implementing the program. The DAR.T. will work
closely with the owner on their project and will be responsible for awarding be the deciding factor
in Main Street Design Certificates and Awarding of Grant Expenditures Main Street Enhancement
Grants.
The first draft of these documents have been reviewed by the Main Street Advisory Board and will
be discussed in future meetings. Once they have made their recommendation, the Main Street
Design Certificate and Guidelines will be forwarded to Planning and Zoning Commission for
consideration.
October 25th is the Fall Back Festival.
13. COMMISION COMMENTS
Nick Barrera requested a document explaining in detail, the roles of the different Main Street
Boards and what role the Main Street Coordinator plays.
14. ADJOURN
Chairman Lawler adjourned the meeting at 9:30 p.m.
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S an:on Green . - .
Planning Assistant
Approved on this clo
day of '1la~~, 2008.
~~
Hal Lawler
Chairman, Planning and Zoning Commission
Zone Change Request
#R08-002
Exhibits
A. Staff Report
B. Area Map
C. Survey/Site Plan
D. Public Notice response
Staff Report
November 20, 2008
Zone Change Request #R 08-002
ReQuested by: Dow Hydrocarbons & Resources, Inc. c/o Gary Mabray
ReQuested for: 26.8206 acres pt. TRS lA, 2B and 6B, being situated in the Enoch Brinson
Survey, Abstract 5 and Nicholas Clopper Survey, Abstract 198, La Porte,
Harris County, Texas.
Location: 727 Old Underwood Road
Land Use Map: Commercial and Public Uses
Present Zonine:: General Commercial (GC), Large Lot Residential (LL)
ReQuested Zonine:: Planned Unit Development (PUD)
Surroundine: Zonine::
North - PUD,
South - GC, LL
East - LL
West - City of Deer Park
Back2round:
The property in question consists of 26.8206-acre tract as recorded in the
Clerk's File No. P800502, Film Code No. 094-78-3003 of the Harris County
Deed Records, being situated in the Enoch Brinson Survey, Abstract No.5,
and Nicholas Clopper Survey, Abstract No. 198, La Porte, Harris County,
Texas. The subject tract has existing building used as administrative office
and mechanical shops. The subject property is within the vicinity of business
parks and light industrial facilities along Underwood Road.
The existing facility primarily houses personnel and equipment associated
with the maintenance and construction operations. Dow Hydrocarbons and
Resources, Inc. purchased the property in 1978. The company constructed
piping, pump station, storage tank, office, shop, and warehouse buildings in
1979. A radio tower was constructed at the facility in 1988. An additional
metal storage building was constructed in 1990. Later on, the tank and
pumping station were demolished in 2000. Approximately 20 acres of
undeveloped property to the east was fenced and leased for grazing.
Currently, some piping and above ground valves exist at site.
While reviewing this request, staff discussed the following options:
. Pre-existing and non-conforming use and/or structures
. Rezoning - Planned Unit Development (PUD)
EXHIBIT A
#R 08-002
P&Z 11/20/08
Page 2 of3
The first option involves non-conforming issues associated with this site; e.g.
pump station, storage tank, radio tower are non-conforming uses in GC, and
exterior material storage within the Large Lot (LL) residential district is
prohibited.
The second option is to request a zone change. The tract in question
comprises 26 acres, of which, approximately 15 acres are zoned LL. If
rezoned, the new zoning district would be surrounded on all sides by
residentially zoned property, except along Underwood Road. There is a
Planned Unit Development (PUD) zoned property abutting this tract to the
north, which is a 187 -acre tract owned by Clay Development, Inc. MIS
Underwood Business Park.
The applicant has pursued the second option of rezone to Planned Unit
Development (PUD). Using this scenario, the applicant is requesting to
rezone the property from GC and LL to PUD. If the zone change is
approved, the future use or development shall be subject to a Special
Conditional Use Permit.
Analvsis:
The relationship of the applicant's proposal to the Comprehensive Plan
needs to be emphasized as much as possible. In considering this request,
Staff reviewed the following elements of the Comprehensive Plan.
Land Use - The City's Land Use Plan indicates this area developing with
commercial and public uses. Conformance of a zoning request with the land
use plan is one consideration among several criteria to be considered in
approving or denying a rezoning application. Other criteria may include:
. Character of the surrounding and adjacent areas;
. Existing use of nearby properties, and extent to which a land use
classification would be in harmony with such existing uses or the
anticipated use of the properties;
. Suitability of the property for the uses to which would be permissible,
considering density, access and circulation, adequacy of public facilities
and services, and other considerations;
. Extent to which the designated use of the property would harm the value
of adjacent land use classifications;
. Extent to which the proposed use designation would adversely affect the
capacity or safety of that portion of the road network influenced by the
use;
. Extent to which the proposed use designation would permit excessive air
pollution, water pollution, noise pollution, or other environmental harm
on adjacent land use designations; and,
. The gain, if any, to the public health, safety, and welfare due to the
existence of the land use designation.
#R 08-002
P&Z 11/20/08
Page 3 of3
Conclusion/
Recommendation:
Transportation - The property in question has approximately 155 feet of
frontage along Old Underwood Road. Future development on the subject
tract may increase traffic to the area. Old Underwood Road, a 60'wide public
right-of-way, which runs parallel to the Battleground Road, a primary
arterial with 100-ft. right-of-way, should accommodate the traffic generated
by this development.
Utilities - Currently, the site has sufficient water and sewer facilities to
serve this development. It will be applicant's responsibility to provide any
structures or improvements necessary to accommodate increased demand of
water and sanitary sewer for future development. Fire protection and storm
water management are potential issues, which will be carefully reviewed
with the site development plan. Additional fire hydrants and on-site
detention shall be required for the property.
Based on the above analysis, staff finds that the requested change is
compatible with the present zoning and current uses of the nearby properties.
Staff recognizes the impact of being unable to utilize the contiguous property
for a future commercial/industrial use. The change from General
Commercial (GC) and Large Lot Residential (LL) to Planned Unit
Development (PUD) would have minimal impact on the future development
of this area.
In addition, it is contrary to the intent of the Land Use element of the
Comprehensive Plan and compromises the optimal viability of the remaining
undeveloped residential zoned property.
It should be noted that the general commercial portion of the facility has
operated as pre-existing and nonconforming use andlor structure. Approval
or denial of this request will in no way interfere with this facility's right to
continue to operate in this manner. The future use of the remaining property
is unknown at this stage. A PUD zone may be a viable option to define a use,
which is compatible with the adjacent properties.
Options available to the Commission are:
. Recommend to Council approval of this rezoning request.
. Recommend to Council denial of this rezoning request.
. Table the item for further consideration by the Commission.
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EXHIBIT B
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A Meeting of the La Porte
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Planning & Zoning Commission
(Type of Meeting)
Scheduled for
~oveD1ber20,2008
(Date of Meeting)
to Consider
Zone Change Request#R08-002
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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City, State, Zip
EXHIBIT D
Parking Space Standards
(W orkshop)
Exhibits
A. Staff Report
B. Figure 10-1, Existing
C. Figure 10-1, Proposed
Staff Report
November 20, 2008
Parking Space Standards
Zoning Ordinance Amendment
Backexound:
Parking regulations are established to recognize the parking needs of uses and structures,
to enhance the compatibility between parking and their surroundings, and to regulate the
number, design, maintenance, use and location of off-street parking, driveways, and
aisles that provide access and maneuvering space.
Planning Department has received several inquiries regarding possible hearings for
variances to the required parking space sizes, design standards and specifications as
stated in the Zoning Ordinance (Chapter 106 of the Code of Ordinances). At issue, is the
standard parking space size of ten (10) feet wide and the maneuvering aisle with a
minimum of twenty-eight (28) feet wide. Several commercial developments in the City
are impacted by these design standards as less commercially zoned properties are
available for developments within the City. Urban sprawl causes land consumption as
land values and construction costs are rising, the developers are looking for maximum
utilization of land.
New multi-family regulations adopted by City Council several years ago have impacted
sections of the Zoning Ordinance particularly Parking (Section 106-835). The Planning
and Zoning Commission is being asked review current design standards for parking.
There have been several requests to study the issue to determine if there is a uniform
policy or standards that better defines parking space sizes and rules, which are currently
being used to set the standards.
Existine: ReQuirements:
Zoning Definition: Parking space means a surfaced area, designed to control dust and
moisture, enclosed or unenclosed, sufficient in size to store one automobile together with
a surfaced driveway connecting the parking space with the street or alley permitting
ingress and egress of an automobile. A parking space or any requisite maneuvering area
incidental thereto shall not occupy any public right-of-way.
Zoning Requirements: Each standard parking space shall not be less than ten feet wide
and eighteen feet in length, and each accessible parking space shall not be less than
fourteen feet wide and twenty feet in length. A minimum of 28 foot maneuvering aisle is
required for 90-degree parking, and 18-foot maneuvering aisle is required for 60 and 45
degree parking respectively.
Analvsis:
. As stated, the potential issues are provision of maximum parking spaces in a
limited area for businesses or new commercial developments. Staff typically sees
this type of development with additional parking on typical lots size (25'xI25') in
the old town of La Porte. EXH , B 11 A
. Most of the commercial developments were built with previous standards of
9'x18' and 25' maneuvering aisle. As businesses grow and require additional
parking, the parking lot configurations change as maneuvering aisle width is off
by three feet and eventually consumes more area of the development. While the
developers, eventually, desire to obtain in order to gain maximum use and value
of their properties.
. Staff analyzed the situation with all of the potential cases to determine an
equitable way to possibly alter the zoning criteria to maintain the intent of the
ordinance.
Comparison with neighboring Cities:
Width (ft.) Depth (ft.) ~aneuvering Aisle (ft.)
Angle of Parking 900 600 450 900 600 450 900 600 450
BA YTOWN 9.0 9.0 9.0 18 17 19 23 20 20
PASADENA 8.5 8.5 8.6 19 19.8 18.7 25 18 14.5
WEBSTER 9.5 8.5 8.5 18 18 18 22 16 15
LEAGUE CITY 9.5 9.0 9.0 19 19 19 24 17 16
FRIENDSWOOD 9.5 9 9 19 18 18 25 17 18
PEARLAND 9 8.5 8.6 18 17 17 24 18 17
Sue:e:ested Requirements:
Staff suggests that off-street parking requirements in place prior to the current provision
of parking rules should be reinstated for the future commercial/industrial developments.
Specifications (as per Figure 10-1 attached) are as follow:
Angle of Parking Width Depth Width of Aisle
450 9 ft. 18 ft. 11 ft.
600 9 ft. 18 ft. 18 ft.
900 9 ft. 18 ft. 25 ft.
Conclusions:
It is staff's OpInIOn that the suggested requirements allow for reasonable
development of new commercial developments, expansions, and enlargements,
which will contribute to the comfort, convenience or necessity of the residents
and community as a whole. As well, the suggested requirements will reduce the
inefficient and unwarranted effects of urban sprawl.
Action by the Commission
The Commission may elect to:
>> Direct Staff to develop a recommendation
>> Arrange a public hearing for next meeting
2
106-835
LA PORTE CODE
FIGURE 10-1
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EXHIBIT B
ZONING
~ 106-835
FIGURE 10-1
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Supp. No.9
CDI06:94.1
EXHIBll C
Trucking Terminals & Truck Routes
(Workshop)
Exhibits
A. Staff Report
B. Draft Ordinance
C. Changes to Chapter 70
D. Truck Routes Map
Staff Report November 20, 2008
Trucking Terminals & Truck Routes
Workshop
Background:
City Council directed staff to conduct a review of the existing provisions of Chapter 106
(Zoning) regarding the trucking terminals and truck routes within the City limits of La
Porte. At the August 25, 2008, City Council workshop meeting, staff made a presentation on
current conditions and future plans to improve truck transportation and safety. Staff
highlighted area of concerns about the language contained in the ordinances governing the
trucking facilities, terminals/yards, and specifically truck routes within the City limits of La
Porte.
In addition, regulations such as location of truck terminals and truck routes are delineated in
the Traffic and Vehicles Ordinance (Chapter 70) enforced by the Police Department. Purpose
of the proposed changes is to correlate the provisions of Zoning Ordinance with Traffic and
Vehicle Ordinance for suitable placement of trucking facilities and proper use of the City's
truck routes.
During the October 16, 2008, meeting of the Planning and Zoning Commission, a public
hearing on this item was postponed indefinitely. The Commission directed the staff to have
a workshop first and provide additional information regarding zoning overlay and point of
origin for hazardous cargo (see exhibits attached).
At the Commission's Review the attached amendments to the ordinances and provide staff
with further directions. Commission may elect to direct staff to develop recommendation in
this regard.
Action by the Commission
1. Discuss the issues
2. The Commission may elect to:
~ Direct Staff to develop a recommendation
~ Arrange a public hearing by next meeting
~ Make a Recommendation to City Council at conclusion of a public hearing.
rXHrsrr A
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III. "DISTRICTS"
DIVISION 4. "INDUSTRIAL DISTRICT REGULA TIONS", SUBDIVISION I,
"GENERALLY", SECTION 106-521, "TABLE A, INDUSTRIAL USES", FOOTNOTES,
"MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING (421,423)", AND
ADDING A FOOTNOTE "1" AND AMENDING SECTION 106-746, LOCATION OF TRUCK
TERMINALS RESTRICTED WHEN LOCATED ON AUTHORIZED TRUCK ROUTES
ESTABLISHED BY THE CITY OF LA PORTE; 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 HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That the Code of Ordinances of the City of La Porte, Texas, Chapter 106,
"Zoning," Article III. "Districts", Division 4. "Industrial District Regulations," Subdivision I,
"Generally", Section 106-521, "Table A, Industrial Uses", Table Inset, "Motor Freight
Transportation and Warehousing (421, 423)", is hereby amended to read as follows:
Uses (SIC Code #)
BI
LI
HI
Motor freight transportation and
Warehousing (421,423)
*
pel)
pel)
Section 2. That the Code of Ordinances of the City of La Porte, Texas, Chapter 106 "Zoning"
Article III. "Districts", Division 4. "Industrial District Regulations," Subdivision I, "Generally",
Section 106-521, "Table A, Industrial Uses", Subsection "c", Footnotes", Section 106-746 and
adding Footnote "1", to be included in proper alphabetical sequence, to read as follows:
"1. Trucking Terminals. See Section 106-746 of this Chapter for additional requirements.
Trucking terminals as defined in Section 106-1 shall be restricted to Light Industrial (LI) and
Heavy Industrial (HI) zones and only on property abutting designated truck routes as listed in
Section 70-231.
Any truck terminal operating in whole or in part as a container yard or converting to a container
yard shall be restricted to heavy industrial zone only. "
tXHIBIT B
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.
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 . 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 twice 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
,2008.
CITY OF LA PORTE
By:
ATTEST:
Mayor
City Secretary
APPROVED:
City Attorney
2
ARTICLE V. STOPPING, STANDING AND PARKING*
*State law references: See Vernon's Ann. Civ. St. art. 6701d, ~ 27(a)(1), for authority
of city to regulate standing and parking of vehicles.
Sec. 70-176. Designation and marking of parking stalls and areas where parking is
prohibited or limited.
(a) The director of public works shall cause parking stalls to be maintained and marked
off in and on such streets and parts of such streets as he may designate from time to time,
and he shall likewise cause spaces in which parking is prohibited to be maintained and
marked off in and on such streets and parts of such streets. The director of public works
shall cause time limit parking areas to be maintained and marked off in and on such parts
of streets as he may designate from time to time. All such spaces or areas shall be clearly
indicated by appropriate signs or by markings on the pavement or curb.
(b) In areas designated as time limit parking areas, parking may be limited to any period
prescribed by the chief of police, the time limits to be designated with clearly
distinguished markings or signs at both ends of the time limit area and at reasonable
intervals between the beginning and ending of such time limit area, indicating the time
allowed for parking in such area.
(c) Any prohibition of or time limit on parking established under this section shall apply
on such days and between such hours as prescribed by the signs.
(Code 1970, ~ 25-61)
Sec. 70-177. Parking in prohibited areas; overtime parking.
It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered
in his name or owned or operated by him or in his possession or under his control to be or
remain in any space or area in which parking is prohibited as provided in section 70-176,
or in a time limit parking area for a longer period of time than that designated by the
markings on the street or by signs clearly visible.
(Code 1970, ~ 25-62)
Sec. 70-178. Parking for more than 24 hours.
It shall be unlawful for any person or any owner to knowingly leave standing in any
public street, alley or other public place in the city any vehicle for a longer continuous
period of time than 24 hours.
(Code 1970, ~ 25-63)
EXHIBIT C
Sec. 70-179. Parking time limit for trailers, semitrailers and other types of trailers.
It shall be unlawful for any person to knowingly leave, stand or park a trailer, semitrailer,
pole trailer, ranch trailer, boat, house trailer, utility trailer or truck tractor, either attached
or unattached to a motor vehicle, in a moving lane of traffic for any period of time. It
shall be unlawful for any person to knowingly leave, stand or park said vehicle at any
location along the truck route for any period of time, except at locations authorized to
accommodate truck parking. The vehicle must only enter and exit the parking location via
the truck route. In addition, it shall be unlawful for any said vehicle to be parked at a
location off the truck route for any period of time with the exception of the point of origin
and point of destination as described under the provisions of Section 70-233. in any
public street, alley, unimproved right of '.vay, or other public place in the City for a
period of time in excess of four hours, or during any nighttime hours. Trucks bearing a
department of transportation (DOT) placard shall not be parked on any street for a period
of time in excess of one hour. A placard vehicle shall not be parked within 2,000 feet of a
school campus.
(Code 1970, S 25-64; Ord. No. 1792, Sl(25--64), 10-28-91; Ord. No. 97-2172, S 1,4-14-
97; Ord. No. 97-2172-A, S 2, 5-10-04)
Sec. 70-180. Parking on private property without consent.
It shall be unlawful for any person or any owner to knowingly abandon or leave standing
on any private property, without the consent of the owner of such private property, any
vehicle for any period of time. In addition, off-street parking facilities accessory to
residential use shall be utilized solely for the parking of licensed and operable passenger
automobiles. Under no circumstances shall required parking facilities accessory to
residential structures be used for the storage of commercial motor vehicles or equipment,
pole trailers, semitrailers, shipping containers, trailers, trucks, or truck tractors. Boats or
recreational vehicles, and light trucks are not subiect to the restrictions imposed by this
section.
(Code 1970, S 25-65)
Sec. 70-181. Parking manufactured homes on streets or in public parks.
It shall be unlawful for any person to knowingly park, place or locate any recreational
vehicle or manufactured home upon any public street, public park, alley, unimproved
right-of-way, or other public place within the city limits for a period of more than four
hours. Such recreational vehicles or manufactured homes shall be parked parallel to the
right side curb, completely clear of driving lanes or areas of such street or park, and
facing the direction which traffic shall be designated to travel on such side of such street
or in such driving area.
(Code 1970, S 14-3; Ord. No. 97-2172-A, S 3, 5-10-04)
Cross references: Mobile homes and mobile home parks, ch. 98.
Sec. 70-182. Presumed operator of parked vehicles.
In a prosecution for an offense prohibited under V.T.C.A. Transportation Code Ch. 545,
subch. G, and relating to the stopping, standing and parking of unattended motor
vehicles, it is presumed that the registered owner of the vehicle is the person who
stopped, stood, or parked the vehicle at the time and place the offense occurred.
(Ord. No. 2006-2949, S 1, 12-11-06)
State law references: Authority of city to create presumption as to operator of parked
car established by state law, V.T.C.A., Transportation Code S 545.308.
Secs. 70-183--70-210. Reserved.
ARTICLE VI. TRUCK ROUTES AND GROSS WEIGHT LIMITS*
*Cross references: Streets, sidewalks and other public places, ch. 62.
DIVISION 1. GENERALLY
Sec. 70-211. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Boat means a watercraft not more than 25 feet in length, measured from end to end, over
the deck, excluding shear, and manufactured or used primarily for noncommercial use.
For purposes of this article only, the term "boat" shall also include the trailer designed
and used for the transportation of the boat over the public streets and highways.
Commercial motor vehicle means any motor vehicle other than a motorcycle, designed
or used for the transportation of property, including certain every-vehicles used for
delivery purposes.
Daytime means one-half hour before sunrise to one-half hour after sunset.
Gross weight means the weight of a vehicle without load, plus the weight of any load
thereon.
Hazardous material means any material that requires a federal department of
transportation placard to be transported pursuant to 49 CFR 177.823, as adopted in state
law.
Heavv truck: means any motor vehicle or towed vehicle with a gross vehicle weight
rating (GVWR), registered gross vehicle weight (RGVW), or an actual weight, whichever
is greater as defined in Div. III of this code or more OR any combination of vehicles
where the gross combined weight rating, total registered gross vehicle weight or the
actual weight of the combination as defined in Div. III of this code or more.
House trailer means a recreational vehicle, trailer or semitrailer, which is designed,
constructed and equipped as a temporary dwelling place, living abode or sleeping place,
and is equipped for use as a conveyance on streets and highways.
Legitimate repair facility means a commercial facility operated principally for the repair
of motor vehicles.
Light truck means any truck with a limited manufacturer's rated carrying capacity. This
definition is intended to include those trucks commonly known as one-ton trucks, pickup
trucks, panel delivery trucks and carryall trucks.
Nighttime means any time period other than daytime.
Pole trailer means every vehicle without motive power designed to be drawn by another
vehicle and attached to the towing vehicle by means of a reach, or pole, or by being
boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting
long or irregularly shaped loads such as poles, pipes, or structural members capable,
generally, of sustaining themselves as beams between the supporting connections.
Ranch trailer means a vehicle, with or without motive power, other than a pole trailer,
designed for carrying livestock, ranch implements or other moveable personal property
attendant to the business and recreational use of the raising of livestock or crops.
Semitrailer means every vehicle, with or without motive power, other than a pole trailer
or ranch trailer, designed for carrying persons or property and for being drawn by a motor
vehicle and so constructed that some part of its weight and that of its load rests upon or is
carried by another vehicle.
Shipping containers means sealable shipping containers, designed for intermodal
transportation, either with or without a permanent affixed chassis, used in interstate and
international commerce for the shipment of goods and merchandise.
Shipping containers storage yards means a facility for the storage, handling and repair of
shipping containers.
Trailer mean every vehicle, with or without motive power, other than a pole trailer or
ranch trailer, designed for carrying persons or property and for being drawn by a motor
vehicle and so constructed that no part of its weight rests upon the towing vehicle.
Truck means any motor vehicle designed, used or maintained primarily for transportation
of commodities property.
Truck routes means those routes which are designated by this article for the use of truck
traffic.
Truck terminal means a commercial facility operated principally for the loading,
unloading, storage, handling, maintenance or repair of trucks, truck tractors, trailers,
semitrailers, pole trailers, ranch trailers, shipping containers or similar commercial motor
vehicles capable of transporting freight.
Truck tractor means every motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part of the weight of the
vehicle and load so drawn.
Truck traffic means the operation of any combination of a truck tractor, trailer,
semitrailer, pole trailer, shipping container or a commercial motor vehicle, but not
including light trucks, boats, house trailers, ranch trailers and utility trailers.
Utility trailer means a trailer without motive power, less than 25 feet in length.
(Code 1970, S 25-80; Ord. No. 1792, S 1(25-80), 10-28-91)
Cross references: Definitions generally, S 1-2.
Secs. 70-212--70-230. Reserved.
DIVISION 2. TRUCK ROUTES
Sec. 70-231. Designation.
For the purposes of this division, those streets and thoroughfares within the corporate
limits of the city which are enumerated as follows are hereby designated as truck routes:
TABLE INSET:
Route Extent
State Highway 225 Entire extent within corporate limits
New State Highway Entire extent within corporate limits
146
Barbours Cut New State Highway 146 east to corporate limits
Boulevard
16th Street Barbours Cut Boulevard south to Fairrnont Parkway
Fairrnont Parkway New State Highway 146 to west corporate limits
West Main Street New State Highway 146 to west corporate limits
North 23rd Street North Avenue C to West Main Street
Underwood Road Entire extent within corporate limits
Powell Road (S. 16th Fairrnont Parkway south to 1700 block of Powell Road
Street)
Export Drive From South 16th Street To State Highway 146
South 16th Street From south of Export Drive to Wharton Weems Blvd. and McCabe
Road connecting with State Highway 146.
North Broadway From north of Barbour's Cut Blvd. To North 'L' Street.
North 'L' Street From west of North Broadway To North 6th Street
North 6th Street From North 'L' Street To North 'J' Street connecting with State
Highway 146.
North E Street From North 16th Street to eastern ROW ofU.P.R.R.
(Code 1970, ~ 25-81; Ord. No. 1792, ~ 1(25-81), 10-28-91; Ord. No. 97-2172, ~ 1,4-14-97)
Sec. 70-232. Use required generally.
No person shall operate a truck, truck tractor, semitrailer or container upon any roads,
avenues, streets or thoroughfares within the corporate limits of the city except on those
which are designated as truck routes in section 70-231, and subject to the gross weight
limits established by division 3 of this article. Neither shall any person operate a heavy
truck travelling through the city, with no origin or destination within the city, except on
limited access state highways, i.e. State Highway 225 and State Highway 146.
(Code 1970, ~ 25-82)
Sec. 70-233. Exception to section 70-232; point of origin.
(a) The provisions of section 70-232 notwithstanding, in those instances where any
truck traffic, originating within the corporate limits of the city, shall have as its point of
origin a point located off a designated truck route, it shall proceed to the nearest point on
a designated truck route by the most direct route possible. If such truck traffic shall
originate outside the corporate limits of the city and enter the city at a point which is not
on a designated truck route, it shall proceed to the nearest point on a designated truck
route by the most direct route possible.
(b) In those cases where truck traffic originates off a designated truck route, whether
inside or outside the corporate limits of the city, and the destination of the truck traffic is
nearer the origin or point of entering the corporate limits of the city than is the nearest
point on a designated truck route by the most direct route possible, it shall not be
necessary to proceed to the nearest designated truck route.
(c) In those instances where the truck traffic has neither its point of origin nor
destination within the corporate limits of the City of La Porte. its extraterritorial
iurisdiction. or the corporate limits of any city adiacent to La Porte; then such truck
traffic shall only be allowed on a limited access State Highways. i.e. State Highway 225
and State Highway 146.
(Code 1970, S 25-83)
Sec. 70-234. Loading, unloading and repair of trucks.
Truck traffic restricted to the streets designated as truck routes may depart from such
truck routes where it is necessary to load, unload or seek repairs at a legitimate repair
facility, at a location situated off designated truck routes; provided, however, that such
truck traffic shall not leave any designated truck route until such truck traffic has reached
a point on some designated truck route which is nearest the applicable place of loading,
unloading or servicing by the most direct route possible. All required loading berths and
facilities for truck repair shall be off-street and located on the same lots as the building or
use to be served. After leaving a designated truck route to load or unload, truck traffic
may continue off truck routes to as many points of destination as necessary. If, in the
course of making the necessary stops for loading and unloading, the truck traffic shall
cross a designated truck route, then, in that event, such truck shall not again leave any
designated truck routes until it has reached a point on some designated truck route which
is nearest to the next place of loading and unloading by the most direct route possible.
(Code 1970, S 25-85; Ord. No. 1792, S 1(25-85), 10-28-91; Ord. No. 97-2172, S 1,4-14-
97)
Sec. 70-235. Hazardous cargo routes; designation.
(a) For the purpose of this division, those streets and thoroughfares within the corporate
limits of the city which are enumerated as follows are hereby designated as hazardous
cargo routes:
TABLE INSET:
Route Extent
State Highway 225 Entire extent within corporate limits
New State Highway 146 Entire extent within corporate limits
Fairmont Parhvay NeVI State Highv/ay 116 to west corporate limits
(b) Vehicles transporting hazardous materials shall not leave and/or park depart from the
hazardous cargo route except to pick up or deliver from the designated pick up or
delivery site. Said vehicles may not park at any location alongside, or adiacent to the
truck route for any period of time except to pick up or deliver from the designated pick
up or delivery site. All required loading berths shall be off-street and located on the same
lots as the building or use to be served. The vehicle shall not leave the hazardous cargo
route until such vehicle has reached a point which is nearest the applicable place of
loading or unloading and shall return to the hazardous cargo route by the most direct
and/or the shortest route.
(Ord. No. 1792, S 1(25-84.1), 10-28-91; Ord. No. 97-2172, S 1,4-14-97)
Sec. 70-236. Alternate routes.
Whenever any street or roadway designated as a truck route is under repair, or otherwise
temporarily out of use, the chief of police shall be authorized to designate alternate truck
routes.
(Code 1970, S 25-88)
Sec. 70-237. Location of truck terminals.
Truck terminals, as defined in section 70-211, shall only be located in areas directly
adjacent abutting the right-of-way of the truck routes specifically designated in section
70-231.
(Code 1970, S 25-84; Ord. No. 97-2172, S 1,4-14-97)
Cross reference, Section 106-746
Sec. 70-238. Lane use restrictions for trucks on portions of State Highway 225.
(a) That the findings contained in the preamble of Ordinance No. 2003-2618 are
determined to be true and correct. As evidence thereof, documents establishing the
approval described in the preamble of Ordinance No. 2003-2618 have been incorporated
into this section and made a part hereof as exhibit A.
(b) That, as used in this section, the following terms shall have the meanings ascribed in
this section:
Authorized lanes means the two controlled access lanes on each side ofthe State
Highway 225 (eastbound side and westbound side) that are most immediately to the right
of the left-hand (or inner) controlled access lane.
Designated portion of State Highway 225 means that portion of State Highway 225
between the point at which the corporate limits of the Cities of Deer Park and La Porte
abut on the west and the intersection of Sens Road overpass on the East.
Peak traffic hours means the hours between 6:00 a.m. and 8:00 p.m.
Truck means a "truck" as defined in Section 541.201 ofthe Texas Transportation Code
that has three or more axles or a "truck tractor" as defined in Section 541.201 of the
Texas Transportation Code, regardless of whether the truck tractor is drawing another
vehicle or trailer.
Workday means Monday through Friday, holidays observed by the closure of City of La
Porte offices excepted.
(c) Any person driving or operating a truck on the designated portion of State Highway
225 during peak traffic hours on any workday shall not utilize any controlled access lane
other than the authorized lanes.
(d) That enforcement ofthis section is subject to Section 545.0651 of the Texas
Transportation Code, and the prohibition established in subsection (c) of this section shall
not be effective during any period of suspension or revision of approval by the Executive
Director of the Texas Department of Transportation or the director's designee as provided
in subsection (f) of Section 545.0651 or during any period when traffic control devices
that are required to be erected and maintained by the Texas Department of Transportation
pursuant to Section 545.0651 are not in place, nor shall the provisions of this section be
construed to prohibit operation of a truck in a lane other than an authorized lane for the
purpose of passing another vehicle or for the purpose of entering and exiting the
highway.
The provisions established under subsection (d) shall constitute defenses to prosecution
under this section.
(e) Any person, as provided in Subchapter D of Chapter 542 of the Texas Transportation
Code, who shall violate any provision of this section, shall be deemed guilty of a
misdemeanor and upon conviction shall be punished by a fine not to exceed $200.00.
(Ord. No. 2203-2618, SS 1--5,3-24-03)
Secs. 70-239--70-255. Reserved.
DIVISION 3. WEIGHT LIMITS
Sec. 70-256. Enumeration.
Except as otherwise provided by law, no commercial motor vehicle, truck-trailer, trailer
or semitrailer, nor combination of such vehicles, shall be operated over, on or upon the
public streets and highways within the corporate limits, having a weight in excess of one
or more of the following limitations:
(1) No such vehicle nor combination of vehicles shall have a greater weight than 20,000
pounds carried on anyone axle, including all enforcement tolerances; or a tandem axle
weight in excess of 34,000 pounds, including all enforcement tolerances; or an overall
gross weight on a group of two or more consecutive axles in excess of that produced by
application of the following formula:
TABLE INSET:
I w ~ 500 I ( I N11f I ) I + 12N + 36
where W equals overall gross weight on any group of two or more consecutive axles to
the nearest 500 pounds, L equals distance in feet between the extreme of any group of
two or more consecutive axles, and N equals number of axles in group under
consideration, except that two consecutive sets of tandem axles may carry a gross load of
34,000 pounds each, providing the overall distance between the first and last axles of
such consecutive sets of tandem axles is 36 feet or more; provided, however, that such
overall gross weight may not exceed 80,000 pounds, including all enforcement
tolerances.
(2) No such vehicles nor combination of vehicles shall have a greater weight than 600
pounds per inch width of tire upon any wheel concentrated upon the surface of the
highway and using high-pressure tires, and a greater weight than 650 pounds per inch
width of tire upon any wheel concentrated upon the surface of the highway and using
low-pressure tires, and no wheel shall carry a load in excess of 8,000 pounds on high-
pressure tires and 10,000 pounds on low-pressure tires, nor any axle a load in excess of
16,000 pounds on high-pressure tires, and 20,000 pounds on low-pressure tires.
(3) Nothing in this section shall be construed as permitting size or weight limits on the
national system of interstate and defense highways within the corporate limits of the city
in excess of those permitted under 23 use 127. If the federal government prescribes or
adopts vehicle size or weight limits greater than those prescribed by 23 use 127 for the
national system of interstate and defense highways, the increased limits shall become
effective on the national system of interstate and defense highways within the corporate
limits of the city.
(4) In this section, an axle load is defined as the total load transmitted to the road by all
wheels whose centers may be included between two parallel transverse vertical planes 40
inches apart, extending across the full width of the vehicle. Tandem axle group is defined
as two or more axles spaced 40 or more inches apart from center to center, having at least
one common point of weight suspension.
(5) Any police officer, having reason to believe that the gross weight or axle load of a
loaded motor vehicle is unlawful, is authorized to weigh the vehicle by means of portable
or stationary scales approved by the police department of the city for such use, or the
police officer may cause the loaded motor vehicle to be weighed by any public weigher
and may require such vehicle to be driven to the nearest available scales for the purpose
of weighing. If the gross weight of a vehicle weighed pursuant to this subsection, is found
to exceed the maximum gross weight authorized by law, plus a tolerance allowance of
five percent of the gross weight authorized by law, such police officer shall demand and
require the operator or owner of the motor vehicle to unload, or cause to be unloaded,
such portion of the load as is necessary to decrease the gross weight of such vehicle to the
maximum permitted by law, plus such tolerance allowance. Such vehicle may not be
operated further over the public streets and highways within the city until the gross
weight of the vehicle has been reduced to a weight not in excess of the maximum
authorized by law plus such tolerance allowance, except as authorized under this
subsection. If the axle load of a vehicle weighed pursuant to this subsection, is found to
exceed the maximum authorized by law, plus a tolerance allowance of five percent ofthe
axle load authorized by law, such police officer shall demand and require the operator or
owner of the motor vehicle to decrease the axle load to the maximum authorized by law
plus such tolerance allowance. The owner or operator may reduce such load by
rearranging the cargo, if possible, or by unloading or having others to unload such portion
of the cargo as is necessary to decrease the axle load to the maximum authorized by law,
plus such tolerance allowance. Such vehicle may not be operated further over the public
streets and highways within the city so long as any axle load exceeds the maximum
authorized by law plus such tolerance allowance except as authorized under this
subsection. If the load of a motor vehicle consists of livestock, the operator shall be
permitted to proceed to the destination without unloading providing the destination is
within the state. If the gross weight of a motor vehicle or an axle load exceeds the
maximum permitted by law, plus a tolerance of five percent ofthe gross weight
authorized by law, but the police officer believes that the cargo cannot be unloaded or
rearranged safely at the place where such vehicle was weighed, or the police officer
believes that the unloading or rearranging of the cargo at such place would create an
unreasonable disruption of traffic, he shall require the operator to proceed to a location
where the cargo can be unloaded or rearranged safely without causing disruption to
traffic. Such location shall be the nearest such place on city property, or property under
the control of the driver or his principal, or on property where consent has been given for
such loading and where it is feasible to unload or rearrange such cargo.
(Code 1970, S 25-86(a))
Sec. 70-257. Operation of overweight vehicles; special permit required.
Any person desiring to operate a vehicle on city streets in excess of the load limit set out
in section 70-256 shall first obtain a special permit from the city inspection department.
Such permit shall not be issued unless reasonably necessary.
(Code 1970, S 25-86(b))
Sec. 70-258. Application of division to road rollers or other road machinery; permit
required.
The limitation as to weight prescribed by section 70-256 shall not apply to road rollers or
other roadmaking or road repairing machinery being moved or used on a street by the
United States, the state, the city or any contractor moving or using such road machinery
in the performance of or preparatory to the performance of a contract with either the
United States, the state or the city, but in event of any such roadmaking or road repairing
machinery of a weight in excess of the limit set out in section 70-256 being moved over
the streets or bridges in the city, the person charged thereof shall first obtain from the
inspection department a permit for such movement, which permit shall designate the
route or streets and also the bridges over which such movement shall take place, and such
machinery may then be moved, but not elsewhere than over such designated routes.
(Code 1970, S 25-86(c))
Sec. 70-259. Liability for damages done to streets, bridges or culverts.
Any person moving or causing to be moved a load which, together with the weight of the
vehicle, exceeds the limit as set out in section 70-256, shall be liable to the city for any
damage done by any such excessively loaded vehicle to the streets, bridges or culverts in
the city and the acceptance of either of the permits provided for in this division shall be
conclusive evidence that the person to whom such permit is issued agrees to make good
and pay all such damages upon demand thereof made by the city.
(Code 1970, S 25-86(d))
Sec. 70-260. Compliance by operator with state law provisions.
The driver, owner, operator or other person operating or driving any commercial motor
vehicle, truck, tractor, trailer or semitrailer, or combination of such vehicles over, on or
upon city streets or public highways within the limits of the city shall comply with the
provisions ofV.T.C.A., Transportation Code SS 502.151, 502.178, 621.002, 621.101,
621.501, and 621.951.
(Code 1970, S 25-86(e))
Sec. 70-261. Signs and markings.
(a) When signs are erected giving notice thereof, no person shall operate any vehicle
with a gross weight in excess of the amounts specified on such signs, at any time, upon
any of the streets or parts of streets so signed. Under this section, as vehicle weight is
indicated by the number of axles supporting such vehicles, signs limiting the number of
axles on vehicles shall be official.
(b) When signs are erected stating "No Through Trucks," "No Trucks" or designate no
trucks by international signage, no person shall operate any commercial vehicle
exceeding three tons gross weight at any time upon any of the streets or parts of streets so
signed, except that such vehicles may be operated thereon for the purpose of delivering or
picking up materials or merchandise, and then only by entering such street at the
intersection nearest the designation of the vehicle and proceeding no farther than the
nearest intersection thereafter.
(Code 1970, S 25-87; Ord. No. 1792, S 1(25-87), 10-28-91; Ord. No. 97-2172, S 1,4-14-
97)
Sec. 70-262. Limitation on length of vehicles.
No motor vehicle shall exceed the limits set forth in V.T.C.A., Transportation Code SS
621.203--621.206.
(Code 1970, S 25-89; Ord. No. 1792, S 1(25-89), 10-28-91; Ord. No. 97-2172, S 1,4-14-
97)
Sec. 70-263. Penalty for violation of division.
The driver, owner, operator or other person operating or driving any commercial motor
vehicle, truck, tractor, trailer or semitrailer, or combination of such vehicles, over, on or
upon city streets or public highways within the limits of the city who fails to comply with
the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall
be fined in any sum in an amount established by the city and listed in appendix B of this
Code.
(Code 1970, S 25-86(t))
Sees. 70-264--70-280. Reserved.
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EXHIBIT D'