The URL can be used to link to this page

Home My WebLink About11-20-08 Regular Meeting,Public Hearing and Workshop of the La Porte Planning and Zoning Commission PLANNING AND ZONING COMMISSION MINUTES OF NOVEMBER 20, 2008 Members Present: Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Paul Berner and David Janda (Alt 1), Members Absent: Kirby Linscomb, Jr., Les Bird and Lou Ann Martin (Alt 2) City Staff Present: City Planner, Masood Malik; Assistant City Attorney, Clark Askins; Planning Assistant, Shannon Green. Others Present: 1. CALL TO ORDER. Meeting called to order by Chairman Hal Lawler at 6:00 p.m. 2. CONSIDER APPROVAL OF THE OCTOBER 16, 2008, MEETING MINUTES Motion by Dottie Kaminski to approve the Minutes of October 16, 2008. Second by Nick Barrera. The motion carried. Ayes: Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Paul Berner and David Janda (Alt 1), None None Nays: Abstain: 3. OPEN PUBLIC HEARING TO CONSIDER REZONE REQUEST #R08-002 FOR 26.8206 ACRES OF LAND LOCATED AT 727 OLD UNDERWOOD ROAD, FURTHER DESCRIBED AS TRS 1A, 2B, AND 6B, ENOCH BRINSON SURVEY, ABSTRACT 5, NICHOLAS CLOPPER SURVEY, ABSTRACT 198, CITY OF LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, DOW HYDROCARBONS & RESOURCES, INC., SEEKS TO REZONE THE PROPERTY FROM GENERAL COMMERCIAL (GC) AND LARGE LOT RESIDENTIAL (LL) TO PLANNED UNIT DEVELOPMENT (PUD). Chairman Hal Lawler opened the public hearing at 6:02 p.m. A. STAFF PRESENTATION Staff's Report was presented by Masood Malik, City Planner. The applicant; Gary Maybrey on behalf of Dow Hydrocarbons & Resources, Inc., is requesting a zone change from general commercial and large lot to planned unit development. The subject property consists of twenty-six acres of land located at 727 Old Underwood Road. B. PROPONENTS Mr. Gary Maybrey of Colliers International on behalf of Dow Hydrocarbons & Resources, Inc., spoke in favor of the zone change. C. OPPONENTS There were no opponents. 4. CLOSE PUBLIC HEARING Chairman Lawler closed the public hearing at 6:18 p.m. Planning and Zoning Commission Minutes of November 20,2008 Page 2 of 3 5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R08-002 Motion by Nick Barrera to recommend to City Council approval of Rezone Request #R08-002. Second by Paul Berner. The motion carried. Ayes: Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Paul Berner and David Janda (Alt 1), None None Nays: Abstain: 6. OPEN WORKSHOP Chairman Hal Lawler opened the workshop at 6:20 p.m. A. Discuss Off-Street Parking Space Standards Staff's report was presented by Masood Malik, City Planner. The 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). The current standard parking space size is ten (10) feet wide and the maneuvering aisle is a minimum twenty-eight (28) feet wide for 900 angle parking. After discussion by the Commission, the consensus was to change the suggested requirements for a 900 angle parking space width from 10' to 9' and maneuvering aisle width from 28' to 25'. B. Discuss Trucking Terminals and Truck Routes within the City Limits of La Porte Staffs report was presented by Masood Malik, City Planner. 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. The purpose of the proposed changes is to correlate the provisions of the Zoning Ordinance with Traffic and Vehicle Ordinance for suitable placement of trucking facilities and proper use of the City's truck routes. After discussion by the Commission, The consensus was to change the language as presented and bring back to the Commission for a Public Hearing December 18, 2008. 7. CLOSE WORKSHOP Chairman Hal Lawler closed the workshop at 7:00 p.m. 8. ADMINISTRATIVE REPORTS Administrative report was presented by Masood Malik, City Planner; *City Council approved plans to erect a ten story office building and a park at Five Points. *The Sylvan Beach re-nourishment project has been delayed a couple of months due to Hurricane Ike. The project is expected to be completed by July 2009. *Super 8 Motel is proposed at Hwy 146, adjacent to Little Cedar Bayou. *LPISD has submitted plans to construct a Technology Center at Baker Jr. High. *San Jacinto College submitted plans for a proposed Day Care facility open to the public. 9. COMMISION COMMENTS There were no comments from the Commission. Planning and Zoning Commission Minutes of November 20, 2008 Page 3 of 3 10. ADJOURN Chairman Hal Lawler adjourned the meeting at 7:06 p.m. Approved on this I ~ day of ~.1AM-~.4JL, 2008. ~~ Hal Lawler Chairman, Planning and Zoning Commission Preserve at Taylor Bayou Special Conditional Use Permit #SCU05-008 (Extension Request #3) Exhibits A. Staff Report B. Area Map C. Letter Staff Report December 18,2008 Preserve at Taylor Bayou Extension of Special Conditional Use Permit #SCU 05-008 Request: Requested Bv: Requested For: Land Use Map: Present Zonine:: Requested Use: Back2round: Analvsis: Third 1- Year Extension of Special Conditional Use Permit #SCU 05-008, Amended General Plan for ::1::107 acre tract, and Final Plat for 16 acres of Multi-Family Residential and a Commercial Tract. Deborah Mason, Project Engineer on behalf of Eddie Dutko, General Partner, Forest Holdings Ltd., L.L.P. A 107 acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris County, Texas. The property is further described as being located in the 1200 Block of McCabe Road at State Highway 146. Low- Density Residential Planned Unit Development (PUD) Single-Family, Multi-Family Residential, and Commercial Developments This is an on-going project for which the Planning and Zoning Commission and City Council have previously approved various General Plans and Special Conditional Use Permits. City Council approved an Amended General Plan and a Special Conditional Use Permit at their December 12,2005, meeting. The General Plan is for the entire :tl07 acre tract and Special Conditional Use Permit is for single-family residential, multi-family, townhomes, and commercial/retail development. For development in a Planned Unit Development, a Special Conditional Use Permit, along with a General Plan, is required per Section 106-637 of the Code of Ordinances. Section 106-216 of the Code of Ordinances and the approved SCUP define a one-year time frame for construction to begin for the proposed development. Failure to begin construction within one year voids the approved SCUP, unless an extension is granted by the Commission. An extension of I-year commencing December 15,2006, was granted at the December 14, 2006, meeting. At the January 17, 2008, meeting the Commission granted a second I-year extension. This is the third I-year extension request (see copy attached). Since approval of the SCUP from City Council, a Final Plat for Phase I was approved at the Commission's December 15,2005, meeting. Public utilities construction drawings and a major development site plan for multi-family Preserve at Taylor Bayou Extension for SCUOS-008 December 18, 2008 Page 2 of2 development were submitted to the City. Construction drawings were reviewed subject to coordination and monetary participation of this development with the adjacent development (Lakes at Fairmont Greens). However, no further progress has been made towards this project. The developer still needs to address the following issues: Nature Preserve - ownership, responsibility for its maintenance, and dedication instrument must be established and approved by the City. CCRs - Covenants, Conditions, and Restrictions for the proposed multi- family development needs to be submitted for the City Attorney's review and approval. Maintenance Bond - Proof of funding for comprehensive general liability and maintenance from the bank as an alternative or reserve fund mechanism must be provided to the City. Army Corps of Engineers - An updated letter from the Army Corps of Engineers needs to be submitted. Traffic Study - Traffic calming devices/tools, right turn lane, and commitment for financial contribution towards the project. Staff has reviewed the request for another one-year extension and has found no notable changes in the development conditions that would affect the subject property. Infrastructure requirements are the same as they were when this project received initial approval. The sanitary sewer for the development will be connected to a new trunk main constructed north to the adjacent development of "Lakes at Fairmont Greens." Permits from the Army Corps of Engineers, Harris County and Harris County Flood Control District must be presented to the City prior to review of any plans and issuance of the building permit. Conclusion: Section I 06-659( c) of the Code of Ordinances states: "In the event submission or detailed major or minor development site plans, or preliminary plats has not occurred within 12 months of the last approval, then the conditional use permit will become null and void The applicant may, within the first 12 months, however, request an extension for one additional year, and the City Planning and Zoning Commission may grant such extension ". Staff is recommending denial of an additional one-year extension of the Special Conditional Use Permit and General Plan as no significant progress has been made towards this project. This will void all previous Special Conditional Use Permits and General Plans approved for Preserve at Taylor Bayou. N A PRESERVE .(EU TAYLOR BAYOU Leaend =Pro.,osed DeveloQment =Nature Preserve ;."IX:'>; AN EN By November 19, 2008 Mr. Masood Malik City Planner City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 RE: Preserve at Taylor Bayou 1) Special Conditional Use Permit No. SCU 05-008 (Amending No. SCU of 004) issued to Eddie Dutko for the Preserve at Taylor Bayou 2) Final Plat, Preserve at Taylor Bayou Phase 1 3) Amended General Plan Dear Mr. Malik: This Permi( Fihal Plat and Amended General Plan were approved in December, 2005, with one year extensions approved in 2006 and again in 2007. In consideration of the terms of, we submit this letter as our application for an additional year. Please call if you need any additional information or have any questions. Sincerely, cJ-- Deborah D. Mason, P. E. President cc: Eddie Dutko 1147BRITTMOORE ROAD HOUSTON, TEXAS 77043 WincEngineers.com Phone 713.461.8350 Fax 713.461.8474 Zone Change Request #R08-004 Exhibits A. Staff Report B. Area Map C. Zoning Map D. Public Notice Response Staff Report December 18, 2008 Zone Change Request #R 08-004 ReQuested by: Decker McKim on behalf of Preston Copeland (owner) ReQuested for: Lots 25 thru 32, Block 101, Town of La Porte Location: 500 Block of North ih Street Present Zonin!!:: Medium Density Residential (R-2) ReQuested Zonin!!:: General Commercial (GC) Baclmround: The subject property is 0.57 acre of land, described as lots 25 thru 32, block 101, Town of La Porte, Johnson Hunter Survey, Abstract No.5, La Porte, Harris County, Texas. The tract is abutting City of La Porte property, where four single-family dwellings will be built as part of the HOME grant program. North 7th Street, the main entrance to the property, has recently been improved up to North E Street, a public right-of-way (unimproved). North 'E' Street will serve as a landscapelbuffer and linear park site for the Northside Neighborhood. The applicant has recently built four metal buildings to the west of the alley along North 8th Street. The buildings will be used primarily for General Contractor's offices and storage. The applicant seeks a rezone from Medium Density Residential (R-2) to General Commercial (GC) to allow additional construction and/or parking for adjacent commercial establishments. Analvsis: In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Parks and Recreation, Utility Infrastructure, and Redevelopment. The specific issues considered are as follows: Land Use -- Review of the City's Land Use Plan shows the subject tracts developing as Mid to High Density Residential and public uses. Currently, the adjacent properties are a mixture of single-family residential and a commercial use. The proposed rezone may not be appropriate with these uses nor, after rezone, would activity within the site be limited. In addition, it will negatively impact on the proposed development of four single-family homes along North 7th Street. Conformance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered in approvmg or denying a rezoning application. Other criteria may include: #R 08-004 P & Z (12/18/08) Page 2 of3 Conclusion & Recommendation: · 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. Transportation - The tract in question gains access on North 7th Street, primarily a residential street with 60'wide right-of-way and may not accommodate the additional traffic generated by this proposed development. Commercial activity may impact the design of parking, driveway access and client flow. Utilities - Water and sanitary sewer services are available to the tract. A 16' wide public alley in the middle of the block is open. An 8" sanitary sewer line runs north south in the alley. Fire protection and storm drainage are potential issues for the proposed development. Redevelopment/ Compatibility - The property abuts North 'E' Street to the north, which is a landscape buffer and linear park for the Northside Neighborhood. The most public face of the property is along North 7th Street, a residential collector street. Any commercial development will have a negative impact and will not be attractive adjacent to single-family dwellings. A rezone of this tract will compromise the compatibility and will be critical for maintaining attractive facilities of the surrounding properties. The City's Comprehensive Plan and Land Use Map envisioned this area developing as residential. Based upon the above findings and prevailing development in the area, staff finds the adjacent properties are a mixture of low-density, single-family residential and some commercial uses. The #R 08-004 P & Z (12/18/08) Page 3 of3 property in question is not suitable for the requested change to General Commercial (GC). The development within the subject tract will negatively impact the surrounding properties and may harm the value of nearby properties. Furthermore, it will have a significant impact upon the thoroughfare system and HOME grant program. Actions available to the Commission are listed below: · Recommend to Council approval of the zone change from Medium Density Residential (R-2) to General Commercial (GC); · Recommend to Council denial of the zone change from Medium Density Residential (R-2) to General Commercial (GC). · Table the item for further discussion by the Commission. Zoning Ordinance Amendment (Parking Space Standards) Exhibits A. Staff Report B. Figure 10-1, Existing C. Figure 10-1, Proposed Staff Report December 18, 2008 Parking Space Standards Zoning Ordinance Amendment Back2:round: The City 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. As land values and construction costs are rising, developers are looking for maximum utilization of land. Existin2: Requirements: Current ordinance provisions are as follow: Angle of Parking Width Depth Width of Aisle 450 600 900 10 ft. 10 ft. 10 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. 28 ft. Each accessible parking space shall not be less than fourteen (14) feet wide and twenty (20) feet in length and subject to ADA approval. Analvsis: 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 ofthe ordinance. Comparison with neighboring Cities: Width (ft.) Depth (ft.) lIIaneuvering Aisle (ft.) Angle of Parking 900 600 450 900 600 450 900 600 450 SA 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 future commercial/industrial developments. Specifications (as per Figure 10-1 attached) are as follow: Angle of Parking Width Depth Width of Aisle 450 600 900 9 ft. 9 ft. 9 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. 25 ft. Conclusions/ Recommendations: It is staff s opinion that the suggested requirements will reduce the inefficient and unwarranted effects of urban sprawl. Staff presented this as a workshop item at the Planning and Zoning Commission's November 20, 2008, meeting. The above stated recommendations are based on Planning Department staff s research and direction provided by the Commission. Staff recommends approval of this ordinance amendment. Actions available to the Commission are as follows: · Recommend to Council, approval of the above amendments pertaining to the parking space standards. · Recommend to Council, approval of a revised version of the above stated. · Recommend to Council, denial of the proposed amendments. · Table this item for further consideration by the Commission. 2 106-835 LA PORTE CODE FIGURE 10-1 SCALE: l' = 40 r /'- 2lI." --f 90. ,.... ~ L T- ~ ,O-a' 00- ..J..-: '- ,0.0' -t-- 71D' ----+- ,0.0' ---, ~ ..... L 1 1 · NOTE1 ....,. · NOTE1 ..:t ...... l 1 . Nom: 50. or 45- PA.~K1NC CONF1CURATIONS A.~E MANDATORY FOR SENIOR HOUSING DEVELOPMENTS. EXHIBIT B ZONING 90' 18.0' I' ~ 4- 4- ~ 65' l 19.3' I + + 11'7' 64' l 25.0' . 18.0' '450 ~ 1 06-835 900 18.0' 1.0' 600 6.6' 19.3'-J / 19.1 ,---:L18.0,-L19.1' 6.2' FIGURE 10-1 EXHIBIT C Zoning Ordinance Amendment (Trucking Terminals) Exhibits A. Staff Report B. Draft Ordinance C. Changes to Chapter 70 D. Truck Routes Map Staff Report December 18, 2008 Trucking Terminals & Truck Routes Zoning Ordinance Amendments Background: City Council has directed staff to assess existing development conditions and future development strategies relating to trucking terminals and truck routes within the City limits of La Porte. Staff reviewed existing provisions of the Zoning Ordinance and the prevailing situation of trucking terminals and current truck routes. This was presented as a workshop item at the August 25, 2008, City Council meeting. The Planning and Zoning Commission held a workshop at the November 20,2008 meeting. The purpose of this amendment to the Zoning Ordinance (Chapter 106) is to better designate trucking terminals to a proper location along designated truck routes only. In addition, this amendment shall establish a coordination clause to the existing provisions of the Code of Ordinances. The regulations such as location of truck terminals and truck routes along with definitions are delineated in the Traffic and Vehicles Ordinance (Chapter 70) enforced by the Police Department. These definitions have been added to the Zoning Ordinance. Based on research and analysis, staff suggests the following amendments to the Code of Ordinances relating to trucking terminals and truck routes: Code of Ordinances Existing: Zoning (Chapter 106) - Per Section 106-746, Location of truck terminals restricted. Truck terminals, as defined in Section 70-211, shall only be located in areas directly adjacent to the right-of-way ofthe truck routes specifically designated in Section 70-231. Proposed: Add footnote' l' to Section 106-521, Table A, Industrial Uses, Footnotes. Trucking terminals - See Section 106-746 of this Chapter for additional requirements. "J. Trucking Terminals. Trucking terminals shall be allowed only in Light Industrial (LI) and Heavy Industrial (HI) zoning districts and shall be further restricted to locations directly adjacent to authorized truck routes (as same are designated in Section 70-231 of this Code) located in said LI and HI zoning districts . 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 (HI) zone only. See Section 106-746 of this Chapter for additional requirements. " Trucking Terminals & Routes December 18, 2008 Page 2 of3 Truck Routes Truck routes are defined as those routes which are designated for the use of truck traffic. Truck route map was first adopted per Ordinance No. 1364 approved on May 04, 1983. Subsequent revisions were made to add new truck routes and hazardous cargo routes in April 1997. The streets and thoroughfares designated as truck routes within the City limits are listed in Sections 70-231 and 70-235 of the Code of Ordinances. Recent developments in the La Porte area particularly business/industrial parks, e.g. Port Crossing, Underwood Business Park, and the potential impact of the Bayport Expansion & Cruise Terminal, trucking activities are projected to increase tremendously. To promote public safety, health, and welfare ofthe residents and visitors to La Porte, truck traffic is restricted to the streets designated as truck routes. For further protection and relief from the heavy truck traffic, it is suggested to designate additional streets as potential truck routes only to the east of Union Pacific Railroad (UPRR). A list of proposed truck routes is as follow: Proposed Truck Routes 1. Export Drive - from South 16th Street to State Highway 146 2. South 16th Street - from south of Export Drive to Wharton Weems Blvd. and McCabe Road connecting with State Highway 146. 3. North Broadway - from north of Barbour's Cut Blvd. to North 'L' Street. 4. North 'L' Street - from west of North Broadway to North 6th Street. 5. North' l' Street - from North 6th Street to west connecting with State Highway 146. 6. North 'E' Street - from North 16th Street to UPRR right-of-way line. Hazardous Cargo Route Staff recommended Fairmont Parkway be removed from the hazardous truck route and Council was receptive to this idea. No additional hazardous truck routes are proposed. Route Extent State Highway 225 Entire extent within corporate limits New State Highway 146 Entire extent within corporate limits Fuirmont Pai"kwuy New State High'.vuy 116 to west corporate limits Trucking Terminals & Routes December 18,2008 Page 3 of3 Conclusions/ Recommendations: The above stated recommendations are based on Planning Department staff research and direction provided by the Commission and City Council. It is staff s opinion that the recommendations allow for reasonable development of the trucking facilities while introducing stipulations that provide compatibility with adjacent properties. The development and review of the City's Comprehensive Plan has demonstrated that beautification efforts and the City's overall image are important factors that must be addressed immediately. Actions available to the Commission are as follows: · Recommend to Council, approval of the above amendments pertaining to the trucking terminals and truck routes. · Recommend to Council, approval of a revised version of the above stated. · Recommend to Council, denial of the proposed amendments. · Table this item for further consideration by the Commission. 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 REGULATIONS", SUBDIVISION I, "GENERALLY", SECTION 106-521, "TABLE A, INDUSTRIAL USES", "MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING (421,423)", BY ADDING FOOTNOTE "J", TO ALLOW TRUCKING TERMINALS ONLY IN LIGHT INDUSTRIAL (LI) AND HEAVY INDUSTRIAL (HI) ZONING DISTRICTS WHERE DlRECTL Y ADJACENT TO 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", Subsection "a", "Table A, industrial uses", "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) * P(J) P(J) 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", is hereby amended by adding Footnote "J", to be included in proper alphabetical sequence, to read as follows: "J. Trucking Terminals. Trucking terminals shall be allowed only in Light Industrial (LI) and Heavy Industrial (HI) zoning districts and shall be further restricted to locations directly adjacent to authorized truck routes (as same are designated in Section 70-231 of this Code) located in said LI and HI zoning districts. 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 (HI) zone only. See Section 106-746 of this Chapter for additional requirements." 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 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 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 ,2009. CITY OF LA PORTE By: ATTEST: Mayor City Secretary APPROVED: Assistant City Attorney 2 ARTICLE V. STOPPING, STANDING AND PARKING* *State law references: See Vernon's Ann. Civ. St. art. 6701d, S 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, S 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, S 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, S 25-63) 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 way, 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 oftime 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, S 1(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 ofthe 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 e>.'efj'-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 ofthe 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 oflivestock 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 traffi c. 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 Fairmont Parkway Fairmont 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 Fairmont 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 'J' Street From North 6th Street To west 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, 925-83) 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 offtruck 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, 925-85; Ord. No. 1792,9 1(25-85), 10-28-91; Ord. No. 97-2172, 9 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 Parhvn)' NeVI State Highway 116 to '.vest 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 oftime 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. 1792,9 1(25-84.1), 10-28-91; Ord. No. 97-2172, 9 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, 9 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 1970,925-84; Ord. No. 97-2172, 9 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 of the 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 trafJic 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 of this 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, ~~ 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 N1!f 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 oftandem 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 ofthose permitted under 23 use 127. Ifthe 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 of the 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 ofthe 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; Drd. 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; Drd. No. 1792, S 1(25-89), 10-28-91; Drd. 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(f)) Sees. 70-264--70-280. Reserved. ~\ D:: ~ ~ w z - ~ z o o olJ en ...J <C z - :E D:: w I- ~ o :) ~ I- t.r..l z.~ ~ ! : ":~=~;4';~ t~Jli C~< c:::c:::z ;:5 ~.~ < c::: :I: 0 en ___ z ----"--:J 0 oOj:: .. CC)< c:::c:::z s~~ ----- :I: -.. 0 / Q) - Q) :J - 0 :J Q) e::: 0 - 0 lI) e::: :J ~ ro TI 0 c:: e::: C\3 .~ "'0 2 ~ 0 Q) .... ~ 0 - l- ll) :J ~ a. :J :J 0 .... 0 "'0 .... 0 Q) - Q) I- "E e::: 0> c:: C/) lI) ~ ~ c:: 'm ~ 0 C\3 0 :2 - 0 a. :J N :J 0 c:: 0 - C\3 F :J 0 :J .... :J J: ~ F 0 F a.. u. I s::::: I i i CI) . . . . C) . ... . . . . CI) . . . ~