O-2020-3770 Amending regulations related to truck stops, landscaping requirements, and storage of hazardous material

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ORDINANCE NO. 2020-3770 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO TRUCK STOPS,LANDSCAPING REQUIREMENTS,AND STORAGE OF HAZARDOUS MATERIALS; 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; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,TEXAS: Section 1: That Section 106-1 "Defmitions", Article I"In General"of Chapter 106,"Zoning,"of the Code of Ordinances of the City of La Porte, Texas, are hereby amended by adding the following definition,to be added in proper alphabetical sequence and which shall hereinafter read as follows: "Gasoline Station with Convenience Stores means an establishment engaged in retailing automotive fuels (e.g., diesel fuel, gasoline) in combination with convenience store or food mart merchandise. Such establishments are prohibited from providing the following uses and/or features: 1) dispensing of motor fuels and petroleum via high capacity nozzles;2)separate fuel canopy for diesel only pumps;3)overnight accommodation (hotel/motel room rental); 4) shower/laundry facilities; commercial motor vehicle servicing/repair; 5)truck scales; 6) overnight truck parking. Section 2,: That the following defmitions contained in Section 106-1 "Definitions", Article I "In General" of Chapter 106, "Zoning," of the Code of Ordinances of the City of La Porte, Texas, are hereby amended and shall hereinafter read as follows: Truck stop means a commercial/industrial use of property on one site for the refueling,maintenance and/or servicing of trucks and commercial motor vehicles and which may provide additional amenities for such vehicles and their drivers. Such establishments are authorized to have a maximum of any two (2) of the following uses and/or features on site: 1)dispensing of motor fuels and petroleum via high capacity nozzles; 2) separate fuel canopy for diesel only pumps; 3) restaurant or café; 4) shower/laundry facilities; 5) truck servicing/repair; 6)truck scales. Overnight truck parking is permitted only when in conjunction with truck servicing/repair use on site. Section 3: That Section 106-310"Table A,Commercial&Industrial Uses",Article III"Districts",Division 1 "Generally", of Chapter 106, "Zoning," of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending NAICS Code 484 "Truck Transportation" and by adding new Footnote 20 to said Section 106-310"Table A,Commercial&Industrial Uses",which shall hereinafter read as follows: 484 Truck Transportation p 6 20 p 6 20 20. Hazardous materials which may or may not require a placard may not be stored on site for any length of time,regardless of whether the use is located adjacent to the hazardous cargo route. This prohibition includes