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HomeMy WebLinkAboutO-1993-1501-P . .' ORDINANCE NO. 1501-P AN ORDINANCE AMENDING ORDINANCE 1501, THE CITY OF lA PORTE ZONING ORDINANCE, ARTICLE ill, SECTION 3-100; ARTICLE VI, SECTION 6-400, TABLE A, COMMERCIAL; AND REPEALING AND REPlACING ARTICLE X, SECTION 10-1000; ET. SEQ. PROVIDING THAT ANY PERSON VIOlATING THE TERMS OF TIllS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH VIOlATION; FINDING COMPLIANCE WITH THE OPEN MEETING lAW; PROVIDING A SEVERABIUTY ClAUSE; PROVIDING ASA VINGS ClAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF lA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 29th day of April, 1993, at 7:00 p.m., a public hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question of the possible amendment of the Zoning Ordinance as herein described. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part he'reof for all purposes, the publisher's affidavit of publication of notice of said hearing. Section 2. Subsequent to such public hearing, the City of La Porte Planning and Zoning Commission met in regular session on April 29, 1993, at 7:00 p.m., to consider the Ordinance amendments which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated May 5, 1993, a true copy of which letter is attached hereto as Exhibit "B", and incorporated by reference herein, and made part hereof for ~ purposes. Section 3. The City Council of the City of La Porte hereby finds, determines and declares that on the 14th day of June, 1993, a public hearing was held before the City Council of the City of La Porte, Texas, pursuant to due notice, to consider the recommendation of the City of La Porte Planning and Zoning Commission. There is attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made a part hereof for all purposes, the publisher's affidavit of publication of notice of said public hearing for the City Council of the City of La Porte. . . Ordinance 1501-P Page 2 Section 4. The City Council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, and hereby determines and declares that the amendments to Ordinance 1501, the Zoning Ordinance of the City of La Porte, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 5. Article ill, Section 3-100 (Definitions) of the Zoning Ordinance is hereby amended by striking the definition of portable sign and replacing it with a new definition. Said definition is set out on Page 1 of Exhibit "0", which is attached hereto and is fully incorporated by reference herein. Section 6. Article VI, Section 6-400 (Table A, Commercial), of the Zoning Ordinance of the City of La Porte is hereby amended by adding mini-warehousing (SIC #4225) as a business activity to be prohibited in Neighborhood Commercial Zones and permitted as a Conditional Use in General Commercial Zones. Said change is set out on Page 2 of Exhibit "0". Section 7. Article X, Section 10-1000 of the Zoning Ordinance of the City of La Porte is hereby repealed and replaced with a new Section 10-1000 Et. Seq. regulating on and off premise signs, establishing sign permit requirements and referencing penalties for violating the terms of said section. Said changes are set out on Pages 3 through 10 of Exhibit "0". Section 8. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00). Each day a violation of this ordinance shall constitute a separate violation. Section 9. H any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. . . Ordinance 1501-P Page 3 Section 10. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non- conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. Section 11. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was 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 the Open Meetings Law, Article 6252-17, Texas Revised Civil Statues Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 12. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS :<8 DAY OF -:J~1993. . Ordinance 1501-P Page 4 ATIEST: . t ) By: Sl~ ~ SUE LENES City Secretary By: .