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Home My WebLink AboutPO 6838: WORKFORCE HOUSING ADDITIONS TO APPENDIX A: ZONING ORDINANCE P.O. No. 6838 3/27/20 vt ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A, THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY AMENDING SECTIONS 7-100(SCHEDULE OF USES),22-101 (SPECIAL CONDITIONS BY USE), AND 26-100 (DEFINITIONS) TO REGULATE AND PROVIDE FOR SPECIAL CONDITIONS RELATED TO WORKFORCE HOUSING; VIOLATIONS OF THIS ORDINANCE ARE PUNISHABLE AS PROVIDED IN SECTION 1-13 OF THE CITY CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDING TWO THOUSAND [$2,000] DOLLARS; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. WORKFORCE HOUSING ADDITIONS TO APPENDIX A: ZONING ORDINANCE WHEREAS,the City of Port Arthur is a Home Rule municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, all requirements of Article XI of the Charter and the Zoning Ordinance of the City of Port Arthur, Texas, including Local Government Code, Sections 211.006 and 211.007 have been fulfilled,the City Council held a public hearing on March 17, 2020 at 6:00P.M.; and WHEREAS, the proposed change has not been protested in accordance with subsection (d) of said Section 211.006; and WHEREAS, having received and considered the recommendation of the Planning and Zoning Commission that the proposed change in the Zoning Ordinance to add information about workforce housing be approved, the City Council finds that it would be in the public interest and general welfare of the City to add such information as delineated in Exhibit"A"; and WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 of the Texas Local Government Code and Section 24-105 of the Port Arthur Zoning Ordinance, in order for the proposed change to take effect, an affirmative vote of at least three-fourths of all members of the City Council (i.e. at least seven [7] members) if the proposed change is protested in accordance with said subsection (d) or if the City's Planning and Zoning Commission recommend that the proposed change to a regulation or boundary be denied; and WHEREAS,pursuant to Section 1202 of Texas Occupations Code,the City of Port Arthur has the power to regulate industrialized housing and buildings; and WHEREAS,the City of Port Arthur wishes to regulate the location workforce housing, as amended in Exhibit"A"; and WHEREAS, the City Council finds the passage of this Ordinance will protect public health, safety,property, and the general welfare of the public. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the findings and recitations set out in the preamble to this Ordinance are found to be true and correct and they are hereby adopted by the City Council and made a part hereof for all purposes. SECTION 2. That Sections 7-100, 22-101, and 26-100 of the Zoning Ordinance of the City of Port Arthur,be amended as delineated in Exhibit"A." SECTION 3. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clause, sentences, paragraphs and sections of this Ordinance. SECTION 4. That the Building Official and the Director of Development Services are authorized and directed to make all necessary changes to the "Zoning Map, City of Port Arthur, Texas"on file in the offices of the Building Official and the Planning and Zoning Division, so as to reflect on said Map, the changes hereby made in conformity with the legend of said Map. SECTION 5. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. That any person, firm or corporation who violates any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Two Thousand ($2,000) Dollars as provided in Section 1-13 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 7. That this Ordinance or its caption and penalty shall be published at least one (1) time within ten (10) days after formal passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after the date of such publication. SECTION 8. That because the proposed change to a regulation has not been protested in accordance with Section 211.006 of the Texas Local Government Code and Section 24-105 of the Zoning Ordinance, a three-fourths (3/4) majority (7 votes) is not required for the adoption of this Ordinance. SECTION 9. That a copy of the caption of this Ordinance shall be spread upon the Minutes of the City Council. Port Arthur-Workforce Housing Page 2 of 8 READ, ADOPTED AND APPROVED this day of March A.D., 2020 at a Regular Meeting of the City Council of the City of Port Arthur. Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: NOES: Thurman"Bill"Bartie, Mayor ATTEST: Sherri Bellard. TRMC, City Secretary APPROVED AS TO FORM: 47/r/6 , Valecia" . " ize'i, City Attorney APPROVED FOR ADMINISTRATION: Ronald"Ron"Burton, City Manager Pamela Langford Director of Development Services Port Arthur-Workforce Housing Page 3 of 8 EXHIBIT "A" APPENDIX A - ZONING SECTION 7. —USE OF LAND AND BUILDINGS (7-100.—SCHEDULE OF USES) SECTION 22. — SPECIAL CONDITIONS (22-100.—CERTAIN USES PERMITTED) SECTION 26-100.—DEFINITIONS (26-100) Port Arthur-Workforce Housing Page 4 of 8 7-100. - Schedule of uses. Land and buildings in the various districts established by this ordinance may be used for any of the following listed uses. The uses must be located in the specified districts shown on the table. After the effective date of adoption of this ordinance,no building or structure shall be erected, altered or converted for other than specified uses in the specified districts. 7-101. Legend for interpreting schedule of uses. X Designates use permitted in district indicated. Designates use prohibited in district indicated. SUP Indicates use may be approved as specific use permit (see section 21). PRK Indicates minimum off-street parking required as shown in section 8-100. S/COND Indicates special conditions as shown in section 22-101. Type Use A SF 2F MF MH NS LC HC I OW PRK 1 S/GOND Residential Uses Single-family residence XXX X X X X X 2 detached Single-family residence XX X X X X 2 attached,townhome Medium density housing SS S S S X X 2 9 Garage apartment SXX X X X 2 6 Two-family residence XX X X X X 2 Multiple-family residence X X X XX 2 Port Arthur-Workforce Housing Page 5 of 8 Fraternity or sorority S S S X X X X X 2 HUD-code manufactured home S S X > as fixed dwelling Mobile home/recreational S X SXXX 2 23/24 vehicle park Mobile home subdivision X X X 2 Motel or hotel S X X X 8 Bed and breakfast, private home S S S S S X X X X 2 Bed and breakfast inn S S S X X X X 2 � based Lodge (nonfraternal) S S X X X X on 23/24 setting 1 Workforce Housing S S S 5 31 Port Arthur-Workforce Housing Page 6 of 8 22-101. Special conditions by use. (31) Workforce Housing: means a conglomerate of five (5) or more industrial housing units or buildings, or any other movable structure(s) serving as housing exclusively or primarily for construction, industrial, or oilfield related workers and which provide accessory units for one of the following: common restroom/showering facilities and eating facilities, in compliance with Chapter 22, Article XII, of the Code of the Ordinances of the City of Port Arthur, Texas. Port Arthur-Workforce Housing Page 7 of 8 26-100. - Definitions. For the purposes of this ordinance, certain terms, phrases, words and their derivatives shall have their meaning as specified in this section and in section 22. Where terms are not defined,they shall have their ordinary accepted meanings within the context with which they are used. Webster's Ninth New Collegiate Dictionary, Copyright 1987, shall be considered as providing ordinary accepted meaning. (123.1) Workforce Housing. means a conglomerate of five (5) or more industrial housing units or buildings, or any other movable structures) serving as housing exclusively or primarily for construction, industrial, or oilfield related workers and which provide accessory units for one of the following: common restroom/showering facilities and eating facilities. Port Arthur-Workforce Housing Page 8 of 8