HomeMy WebLinkAboutPO 5959: ZONING ORDINANCE AMENDMENT - ALLOW FOR PET GROOMING UNDER HOME OCCUPATIONINTEROFFICE MEMORANDUM
ro STEVE FITZGIBBONS, QTY MANAGER AND QTY COUNQL
FxoM: COLLEEN W. RUSSELL, DIRECTOR OF PLANNING
sus~.cr: P.O. N0.5959 - AN ORDINANCE TO AMENDMENT THE ZONING
ORDINANCE TO ALLOW FOR PET GROOMING UNDER HOME
OCCUPATION
DArE: 01/05/08
RECOMMENDATION:
The Planning Department is requesting that the Council pass an ordinance to allow for a
zoning ordinance amendment of Sections 7, 22 and 26 of the Code of Ordinance that will
influence residential accessory uses
BACKGROUND:
The Port Arthur Zoning Ordinance -Section 7 is required to be amended to add pet
grooming to the schedule of uses. Section 22 is required to be amended along with the
definitions in Section 26 which will define the criteria for pet grooming. Schedule of
Uses attached will also be updated. These amendments will allow for zoning cases to be
heazd in compliance with the changes.
BUDGETARY/FISCAL EFFECT:
None
r \
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
This ordinance will allow for the passage for proposed ordinance 5959 and an update to
the Code of Ordinances
P.O. NO. 5959
01/05/09 CWR
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR; BY AMENDING ZONING
SECTIONS 7-100, 22-101, AND 26-100 AND TO INCLUDE.
CHANGES TO THE SCHEDULE OF USES CHART, SPECIAL
CONDITIONS BY USE, AND DEFINITIONS VIOLATION OF
THIS ORDINANCE IS PUNISHABLE AS PROVIDED IN
SECTION 1-13 IN THE CITY CODE OF ORDINANCES AS
AMENDED BY FINE NOT EXCEEDING TWO THOUSAND
[$2,000.00] DOLLARS; AND PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR
AND EFFECTIVE IMMEDIATELY AFTER THE PUBLICATION
DATE.
(ALLOWING PET GROOMING SHOPS
WITH A SPECIFIC USE PERMIT)
WHEREAS; Section 7-100 (Schedule of Uses) of the City of Port Arthur's Zoning Ordinance
establishes how land and buildings may be used; and
WHEREAS, it further provides that the particular type of use must be located in the specific
districts shown on the table located in Section 7-101. of the Zoning Ordinances (Legend for
Interpreting Schedule of Uses); and
WHEREAS, it is necessary to amend the schedule of uses to add Pet Grooming Shops as a use
via the issuance of a Specific Use Permit (SUP) in single family residence districts (SF) and two-
family residence districts (2F) as delineated in Exhibit "A"; and
WHEREAS, it is also necessary to amend Section 22-101 Special Conditions by Use to a add
sub-section 20.1 Pet Grooming Shops to apply to the grooming of cats and' dogs with the Special
Conditions delineated in Exhibit "B".
P.O. N0.5959
01/09/09
Page 2 of 4
WHEREAS, appropriate Sections of 98 regazding subdivision uses in the City Code of Port
Arthur, Texas, in addifion to Section 26 regarding the definition shall be amended.
WHEREAS, the proposed change has not been protested in accordance with subsection (d) of
said Section 211.006 and aze in compliance with Sections 211.010-211; and
WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Local Government Code,
is required in order for the proposed change to take effect, to Section 22-101 and Section 26 of the
City Zoning Ordinance, the 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) .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That Section 7-100 (Schedule of Uses) and 7-101 (Legend for interpreting
schedule of uses) is amended to add Pet Grooming Shop in substantially the same form as Exhibit
«A„
SECTION 2. That Section 22-101 (Special Conditions by Use) is amended to section 20.1
add Pet Grooming Shop in substantially the same form as in Exhibit "B".
SECTION 3. That Section 26-100 (Definifions) shall be amended to add subsection 85.1 Pet
Grooming Shop in substantially the same form as in Exhibit "C".
SECTION 4. That the Building Official and the Director of Planning are authorized and
directed to make all necessary changes to the "Zoning Ordinance of the City of Port Arthur, Texas"
on file in the offices of the Building Official and Planning Department. The Planning Commission
and the City Council shall see to the confomuty of this ordinance when it is requested.
P.O. NO.5959
01/09/09
Page 3 of 4
SECTION 5. If any secfion, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the. remaining portions hereof.
SECTION 6. All ordinances and parts of ordinances in conflict herewith aze hereby repealed
SECTION 7. Any person, fum or corporafion who violates any provision of this Ordinance or
the City's Zoning Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not
exceeding Two Thousand ($2,000.00) Dollars as provided in General Provision -Section 1-13 of the
Code of Ordinances, and each day such violation shall be pemutted to exist shall constitute a
sepazate offense.
SECTION 8. This Ordinance or its caption and penalty shall be published at least one (1) time
within ten days after final 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 9. Because Section 24-105 of the Zoning Ordinance does apply, seven (7) votes are
required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this day of January, A.D., 2009 at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following votes:
AYES:MAYOR
COUNCILMEMBERS
NOES:
P.O. NO.5959
01/09/09
Page 4 of 4
ATTEST:
ACTING CITI' SECRETARY
MAYOR
APPROVED AS TO FORM:
~0
CITY ATTO E l ~¢ ~ _. p~f ~ 1
APPROVED FOR ADMINISTRATION:
CITY MAMA
DIltECTOR F PLA G
EXHIBIT "A"
7-100 PORT ARTHUR CODE
7-101. Legend for interpreting schedule of uses.
X Designates use permitted in district indicated.
Desig nates use prohibited in district indicated.
SUP Indica tes use maybe approved as specific use permit (see section 21) .
PRK Indica tes 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 ! OW PRK1 S/COND2
Residential Uses
Single-family residence detached X X X X X X X X 2
Single-family residence attached X X X X X -X 2
Mediumdensityhousing S S S S S X X 2
Garage apartment S X X X X X 2
Two-family residence X X X _X X X 2
Multiple-family residence X X X X X 2
Fraternity or sorority S S S X X X X X 2- .
HUD-code manufactured home as fixed
dwelling ~ S S X S S X X
Mobile home/recreational vehicle park S X S X X X
~ 2
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
Accessary and Incidental Uses
Accessory building or use,. residential X X X X. X X X X X -
Accessorybuilding or use, business or
industry - X X X X X -
Building material yard and construction
offce Temporary permifissued by building official -
Caretakers/guard's residence X X X X X X 2
Model home Temporary permit issued by building official -
Home occupation (residential) -X X X X X X 2
Home occupation (professional) - X X X_ X X X 2
Off-street parking incdental to main use X X X X X X X X X X -
Radio tower (amateur) X X X X X X X X X X
Stable (private) X S S X 19
Swimming pool (private) _ X X- X X X X X X X 19
Satellite dish X X X X X X X X X X -
Utilityand Service Uses
Electrical substation (high voltage bulk
power) X X X . X X X X X X X. -
Electrical energy generating plant X - S X S 30
Electrical transmission line (high voltage) X X X X X X X X X X -
Fire station X X X X X X X X X X 30
Gas line and regulating station X X X X X X X X X X -
Local utility lines X X X X X X X X X X -
CDA:B
9
6
23/24
7
20
19
25
2
10
APPENDIX A-ZONING 7-100
Type Use A SF 2F MF - MH NS LC HC J OW PRKI S/COND2
Petroleum or peVoleum products pipeline X X X X X X' X X X X
Public building, shop or yard of a
governmental agency X S & S S S X X X
Radio, TV or microwave tower - ~ X S S-- : S S_ S X X X X
Radio or TV transmitting station S S S S S' S X X X X
Sewage pumping station X X X X X X X X X X
Sewage treatment plant X S S X X
Storm water pumping station X X X X X X X X X X
Telephone business office X X X X
Telephone exchange, switching, relay or -
transmitting station X X X X X X X X X X
Utility shops, storage yards or building
(private utility) 5 S X -X X
Water stand pipe or elevated water storage X X X X X X X X X X
Water reservoir, well or pumping station X X X X X X. X X X' X
Watertreatment plant X S S S S S S S X S
Franchised private utility (not listed) S S S S S S S X S
Educational/Institutional and Special Uses
Cemetery or mausoleum S S S S S S S S S
Church or rectory X X X X X X X X X
College or university -X S S S S S X X X
Community center (public) X X X X X X X X X
Convent or monastery X S -S X X X X X X
Exhibition area orfairgrounds S ~ S X X X
Fraternal club or lodge - S S S X X X
Homefor senior citizens or nursing home S X X X X X. X
Hospital, acute and chronic care S S X X S X X X
Group care home X X X X X X X X X
Institution of religious, charitable or
philanthropic nature S S S S- S X X X X
Day care nursery or kindergarten S S S X S X X X X
Group care facility, Class I X X X X X
Group care facility, Class II ~ S S
Museum, library or art gallery (public) X ~ X X X X X X X X
School, business X X X
School commercial trade X X
School, elementary or junior high X X X X X X X X X
School, high school or university ~ X X X X X X X X X
Recreat ional and Entertainment Uses
Amusement, commercial (indoor) S X X X
Amusement, commercial (outdoor) S S X X
Autocross Tempo rary permit issued on approval of city manager
30
14
30
13
30
30
30
30
6
16
30
30
30
10
7
5
2
19
15
28
28
21
24
24
18
16
20
30
30
21
3
4
5
8
CDA:9
7-100 PORT ARTHUR CODE
type Use A SF 2F MF MH NS LC HC I OW PRKf S/COND2
Carnival or circus (temporary) Temporary permit issued on approval of city manager ~ 30
Country club (private) -X S S X X X X 30
Day camp for children X S S X X X X X X 15
Drag strip or commercial racing ' S - S S X - 10
golf course (private commercial) S S ~ S ~X -- ~ X 3
Golf wurse (public) X X X X X X X X X 3
Park or playground (public) X X- X X X X- X X X -
Playfeld or stadium (public or private) X S S X X X X X X 10
Recreation center (public) X S S' X X X X ~ X X - 12
Rodeo grounds S S S X X 10
Swim or tennis club (private) S S S S S X X X X 30
Swimming pool (private commerdal) S X X X 30
Tavem or lounge - S X X 10
Theater (in building) X X X 10
Theater (open air drivetin) X X X - .
Theater (performing arts) S S S S S S X X X 10
Zoo (public) X S X X 30
Zoo (commercial) S X X 30
Transportation RelatedUses
Airport or landing field. X - X X X 30
Bulk loading or unloading S X X 29
Bus station or terminal or taxi stand - X X X 29
Taxicab repair and dispatch facilities X X X 29
Cargo docks and cargo loading X X
Moving or storage company X X X 25
Heliport . S X X X 30
Helistop S ~ S X X X 30
Marina storage, sales and service X X X X 29
Motor freight terminal - ~ X X 25
Parking lot trucks and trailers ~ X X 25
Parking lot orstrucfure, commercial (motor
vehicle) - X X 'X X -
Railroad freight terminal or station X X 30
Railroad port service tracks ~ X -
Railroad switching or holding yards X -
Railroad team track X X
Railroad track or track row ~ X X X X X X X X X -
Railroad yard or roundhouse X 29
Transit stop X X- X X X X X X X -.
Warehousing X X X 25
Wharves X X X 30
Automobile Related Uses
Auto glass, seat cover and muffler shop X X X 13
Auto laundry (car wash) X X X 28
Auto parts and accessory sales (indoor) X X X X 13
11
12
26
29
CDA:10
APPENDIX A-ZONING
Type Use A SF 2F MF MH NS LC HC I OW PRKf S/COND2
Auto parts and accessory sales (outdoor
display) X X X 13
Auto painting or body rebuilding shop S X X 14
Auto Audtion ~ - . X X _ 23
Auto repair garage X X X ~ -- 14
Auto storage or wrecker service ~ S X X -
Gasoline or fuel service station X X X 27
New or used auto sales (outdoor lots) X X X - 26
Motorcycle or scooter sales and repair X X X 14
Tire rethreading or capping X X 14
Wrecking or auto salvage yard X 29
Service Type Uses
Antique shop X X X X 14
Art gallery X X X X 14
Art supply store X X X X 13
Bakery and confectionary shop (retail) X X X X 13
Bank or savings and loan office X X - X X 13
Beauty shop or barber shop S S X X X X X X 13
Book or stationary store or newsstand X X X X 13
Cleaning and pressing small shop and
pickup X X X X 27
Custom personal service shop X X X X 13
-Clinic, medical, dental or doctors office X X X X 13
Department, variety ordiscount store X X X 14
Drug store or pharmacy X X X X 12
Florist or garden shop X X X X 13
Furniture or appliance store S X X X 14
Food and beverage sales store X X X X 12
Garage sale X X. X X X X X X X -
Greenhouse or plant nursery X X X X -
Handcraftshop and art objects X X X X - 13
Hardware store or hobby store X X X X 13
Household appliance service and repair S X X X 13
Incidental or accessory retail and service
repair X X X X 19
Key shop - X X X X 13
Laboratory, medical and dental X 'X' X X 29
Laundry or cleaning self service X X X X 27
Medical appliances and fittings, sales or
rental X X X X 13
Mortuary or funeral home X X X X 9
Offices, general business and professional X X X X 13
Offce, professional S S S X X X X 13
Package store X X X 12
Pawnshop X X X 13
Pet grooming S S X X~ X X X X 13
7-100
1
1B
22
23
15
1
r
CDA:11
7-100
Type Use
Restaurant or cafeteria (not drive-in type)
Restaurant or eating place (ddve-in
service)
Retail shop or store other than specrfically
listed
Studio, health, reducing or similar service
Studio, music, dance or drama
Tool rental, domestic small equipment
Travel bureau or consultant
PORT ARTHUR CODE
A SF 2F MF MH NS LC HC ! OW PRK1 S/COND2
X X X
X X
X X
X X
X X
X X
X X
X
X
X
Commercial Type Uses
Bakery or confectionary (wholesale)
Bottling works
Building material sales and yard
Cabinet, mattress or upholstery shop
Clean, dyeing or laundry plant
Contractor storage or equipment yard
Garment or apparel manufacture
Heavy machinery sales, storege or repair
Light manufacturing and assembly process
Laboratory manufacturing
Laboratory, scientific and research
Lithographic or print shop
Maintenance and repair service for
buildings
Milk dairy or ice cream plant
Paint shop
Plumbing shop
Storage warehouse
Storage and rental of oilfield equipment
Mobile home sales/rental
Veterinarian office only (no animal hospital)
Veterinarian hospital (inside animal pens
only)
Veterinarian hospital (outside animal pens
only)
Welding or machine shop
Wholesale storage and sales
Commercial truckparking, storage or repair
Fann orchard or truck garden
Livestock auction
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Agricultural Type Uses
X X X X X X X X
S S
X
X
X
X
X
S
X
X X
X
X
X
X
X
X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X
S
10
13
13
13
13
13
13
13
29
26
13
13
29
29
29
29
29
29
29
29
29
29
29
29
29
26
13
13
13
14
14
29
- 17
30
CDA:12
APPENDIX A-ZONING
rypeUse A SF 2F MF MH NS LC HC I OW PRK1S/COND2
Hatchery, poultry X X X X 29
Animal pound (public or private) S X X 27
Kennel - S X X - 13
Animal feedlot S S S -
Greenhouse or plant nursery (commercial) X S S X X X X 29
Hatchery, fish or shellfish X X X 29
Earth, clay or top soil extraction, burrow or
storage X X X X X X X X X X -
Mining and storage of mining waste S S S S -
Petroleum or gas well X X X X X X X X X X -
Petroleum storage and collecting facilities S ~ S S - -
Shell and similar pit and strip mining S S S S S -
Spoil area. S S -
Special Industrial Related Processes
Asphalt or concrete botching plant
(permanent) S X 29
Asphalt or concrete botching plant -
(temporary) S S S S S S S S X S 30
Cargo loading and unloading X X 29
Bulk storage and handling of wal, stone,
gavel; etc., for shipping X S 29
Crating, drumming, or packaging of
commodities X X 29
Containerization, consolidation and similar
material handling X X 29
Cement or hydrated lime plant X 29
Grain elevator and storage X 29
Dump or sanitary land fill area S X -
Open salvage yard, rags, iron, vehicles or
machinery X 29
Slaughter house or meat packing plant - X 29
Shipbuilding and heavy marine
construction X X 29
General Industrial and Manufacturing Processes
7-100
18
13
14
Manufacturing or industrial use or process X 30
1 References in this column are to subdivisions of section 8-100.
2 References in this column are to subdivisions of section 22-101.
(Ord. No. 93-33, § § 1-3, 4-27-1993; Ord. No. 94-90, § § 1, 2, 10-11-1994; Ord. No. 94-97, § § 1, 2, 10-
25-1994; Ord. No. 95-26, § 1, 4-11-1995)
CDA:13
SECTION 8. OFF-STREET PARKING AND LOADING REGULATIONS
8-100. Off-street parking.
The required minimum number of off-street parking spaces for each use shall be provided on
each tract, oron a contiguous tract in accordance with the following table. Specific parking
groups are identified for each use in section 7-100.
(1) One-half spaces per dwelling unit.
Limited to housing for the elderly upon approval of the planning and zoning commission.
(2) Two spaces per dwelling unit.
(3) Thirty spaces.
(4) Six spaces per lane.
(5) One space for each bed.
(6) One space for each three seats in the main sanctuary.
(7) One space for each six. rooms or beds.
(8) One space for each room, unit orguest accommodation plus specified requirements for restaurants and
related facilities.
(g) One space far each two persons normally accommodated in services..
(10) One space for every three seats under maximum seating arrangement.
(11) One space for each four personas to be normally accommodated in the establishment.
(12) One space for each 200 square feet of floor area.
(13) One space for each 300 square feet of floor area. _
(14) One space for each 400 square feet of floor area.
(15) One space for each six children or one space for each employee, whichever is greater and one off-street
drop-off space fore each 25 children.
(16) One space for each classroom, laboratory or instruction area plus one space for each five students
accommodated in the institution.
(17) One space for each two employees or one space for each 1,000 square feet of floor area, whichever is greater.
(18) One space for each classroom plus one space for each four seats in any auditorium, gymnasium, or other
place of assembly.
(19) Ten spaces plus one space for each employee.
(20) Ten spaces plus one space for eadh 200 square feet of floor area over 2,000 square feet.
(21) Ten spaces plus one space for each 500 square feet of floor area.
(22) One space for each room.
(23) One space for each 2,000 square feet of lot area.
(24) One space for each four students.
(25) One space for each 1,000 square feet of non-offce floor area plus one space for each 300 square
feet of office space. ,
(26) One space for each 5,000 square feet of lotarea.
(27) A minimum of six spaces.
(28) One space for each employee.
(29) Three spaces for each five employees on the largest shift or one space for each 600 square feet,
whichever is greater.
To be determined by the director of planning and city engineer.
(Ord. No. 00-60, § 2, 10-3-2000)
8-101.Off-street parking space; defined.
An enclosed or unenclosed concrete or asphalt surfaced area of not less than 180 square feet, not
on a public streetor alley, together with an all-weather surfaced driveway connecting the area with a
street or alley permitting free ingress and egress to the street or alley. Any parking partially on and
adjacent to a public street shall not be classified as off-street parking in computing the parking area
requirements of any use. Parking on public street right-of-way shall not be classified as off-street
parking in computing the parking area requirements of any use.
8-105.Requirements for uses not listed.
The mihimum parking required for a use not specifically listed in section 7-100, shall be the same as for
the most similar use listed. An interpretation of use similarity-may be made by the building official or it
may be referred to the commission.
(Ord. No. 00-60, § 2, 10-3-2000)
8-103.Requirements for uses allowed by specific use permit.
The minimum required parking for any use permitted in this district by specific use permit shall normally
be the same as required for that same use in a district in which it is allowed to locate without a specific
use permit. However, additional parking may be required by the commission and the council where
there is an indication that it is required to satisfy the needs of the particular use.
8-105.Parking limited to cars, pickup trucks, and vans.
In residential districts no truck, dump truck, wrecker, tractor or trailer, buses or panel trucks (except
pickup trucks, family-type passenger vans and similar vehicles) are allowed to be parked overnight in
any open parking space, garage, carport or similar parking facility. Trucks, dump trucks, wreckers,
tractors or trailers, boats over 18 feet long, buses or panel trucks (except pickup trucks, family type
passenger vans and similar vehicles), travel trailers or campers, and any vehicle, regardless of type,
over 18 feet long are expressly prohibited from overnight parking within the area designated as the front
yard in any residential district.
8-106.Parking prohibited in front yards.
All required off-street parking shall be located behind the minimum required front yard.
8-107.Screening required for parking lots adjacent to "SF" "2F" "MF'; and "MH" Districts.
Wherever a parking lot used in connection with a nonresidential use is adjacent to or across the street
from any residential district ("SF", "2F", "MF", or "MH"), the parking shall be screened from view with a
screening fence or wall as provided in section 18-451 et seq., Article X of chapter 18 (Fences and Walls)
of the Code of Ordinances of the City of Port Arthur.
8-200. Off-street loading requirements for nonresidential uses.
All nonresidential uses shall provide and maintain off-street facilities for receiving and loading. The
loading space shall. be located within the building or on the lot or tract. It may be adjacent to a public
alley or private drive, but must be accessible by continuous paving from and public street. Each
required loading space shall have minimum dimensions of ten by 45 feet.
8-201.Requirements for commercial, industrial and service facilities.
The number of off-street loading spaces required for any commercial, industrial, or service facility
shall be as follows:
TABLE INSET:
EXHIBIT "B"
20.1 Pet Grooming Shop.
A business that provides grooming services of domestic pets (dogs and cats off) in
residental districts. The following standards shall be observed for the establishment of
said Pet Grooming Shop:
a In no way shall the.appeazance of the residential structure be altered or the operation
of the shop on the premises be conducted in a manner which would cause the premises to
differ from the residential character of the neighborhood, either by the use of color,
materials, construction, lights, emission of noise or generation of traffic in greater
volumes that would normally be expected.
b. The shop shall not involve the use of advertising or identification signs on the
premises or any other local advertising media which call attention to the fact that
the residence is being used for business purposes.
c Operation of the shop shall be accessory to the primary use of the premises as a
residence and restricted to service of one pet at a time.
d Only the residents of the dwelling unit shall be engaged in the operation of the shop.
e. Two off-street parking spaces, located other than in a required front yazd, shall be
provided.
£ Operation of the shop shall not violate the deed restrictions of the subdivision in
which the shop is located.
g. Cazs belonging to patrons of the pet grooming shop found consistently parked in front
of the neighboring property will be deemed prima facie evidence that inadequate off-
street parking is provided and will be grounds for automatic revocation of the specific use
permit.
EXHIBIT "C"
26-100 Definitions
85.1 Pet Groominr Shop
A business that provides grooming services of domestic pets (dogs and
cats onl .