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HomeMy WebLinkAboutPO 7080: REVISIONS TO THE CITY'S COMPREHENSIVE ZONING ORDINANCE P.O. No. 7080 06/30/22 vrt ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS, ADOPTING COMPREHENSIVE AMENDMENTS AND REVISIONS TO THE CITY'S COMPREHENSIVE ZONING ORDINANCE, INCLUDING: CHANGES TO ZONING REGULATIONS AND ZONING DISTRICT BOUNDARIES; CHANGES AFFECTING THE HEIGHT, NUMBER OR STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES; CHANGES TO THE PERCENTAGE OF A LOT THAT MAY BE OCCUPIED; CHANGES TO THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES; CHANGES TO POPULATION DENSITY; CHANGES TO THE LOCATION AND USE OF BUILDINGS, OTHER STRUCTURES, AND LAND FOR BUSINESS, INDUSTRIAL,RESIDENTIAL OR OTHER PURPOSES; CHANGES TO THE BULK OF BUILDINGS; CHANGES TO THE CONSTRUCTION, RECONSTRUCTION, ALTERATION AND RAZING OF BUILDINGS AND OTHER STRUCTURES, INCLUDING IN DESIGNATED PLACES AND AREAS OF HISTORICAL, CULTURAL OR ARCHITECTURAL IMPORTANCE AND SIGNIFICANCE; AND AMENDING THE CITY OF PORT ARTHUR'S COMPREHENSIVE PLAN TO CONFORM TO THE ZONING AMENDMENTS AND REVISIONS ADOPTED BY THIS ORDINANCE; FOR AMENDMENTS AND CHANGES, REPEALING CONFLICTING ORDINANCES, AND PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Port Arthur, Texas is a home rule city acting under its Charter adopted by the its citizens pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, on November 4, 1941,the City of Port Arthur adopted Ordinance No. 1192, establishing the original zoning regulations, districts, and map designations for the City of Port Arthur in accordance with the City's original comprehensive plan; and WHEREAS,on November 12, 1973,pursuant to Ordinance 73-77,the City Council of the City of Port Arthur amended the original 1941 zoning ordinance and adopted a comprehensive zoning ordinance, which has subsequently been amended from time to time; and WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to amend its Comprehensive Zoning Ordinance and map in accordance with a comprehensive plan,regulating the location and use of buildings, structures,and land for business, industry,residence and other purposes, and to amend said ordinance and said map for the purpose of promoting the public health, safety, morals and general welfare; and WHEREAS, the Planning and Zoning Commission and the Port Arthur City Council has carefully reviewed detailed proposals to amend, revise, restate, and change the City's comprehensive plan and certain zoning regulations applicable to encourage growing development, innovative uses and businesses, and to enhance the quality of life in the City of Port Arthur; and Page 1 WHEREAS, the City Council of the City of Port Arthur deems it necessary in order to promote the public health, safety,morals and general welfare of the City that this ordinance should be passed,promulgated and enforced; and WHEREAS, the City has complied with Section 211.007 (d) of the Texas Local Government Code and approved Ordinance No. 22-35,whereby the City Council by a two-thirds vote,prescribed the type of notice to be given of the time and place of a public hearing held jointly by the governing body and the zoning commission; and WHEREAS,the notice requirements set forth in Ordinance No 22-35 were met and two Public hearing Notices were published in the official newspaper of the City of Port Arthur in accordance with Chapters 211 and 213 of the Local Government Code; and WHEREAS,consistent with(Section 213.003)the Texas Local Government Code, a joint public meeting of the City Council and the Planning and Zoning Commission and in accordance with Texas Government Code Chapter 551 was held on May 31, 2022, whereby the public was given the opportunity to give testimony and present written evidence. Comments were received from members of the public and due consideration has been given by both bodies with regard to the adoption of the City's comprehensive plan and this Comprehensive Zoning Ordinance and has recommended the boundaries of the zoning districts and regulations as required by law; and WHEREAS, on June 13, 2022, the City's Planning and Zoning Commission adopted a final report and written recommendation to the City Council to approve the proposed amendments to the comprehensive plan and amendments to the zoning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Port Arthur, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code,in which event the conflicting provisions of such ordinances and such Code are hereby repealed.km] Section 2. That it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section Page 2 Section 3. (a) That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined, upon conviction, not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (b) The City may seek an injunction or other equitable relief in court to stop any violation of this Code or of a permit, certificate, or other form of authorization granted hereunder. (c) The City may seek a court order in the nature of mandamus, abatement, injunction, or other action or proceeding to abate or remove a violation or otherwise to restore the premises in question to the condition in which they existed prior to the violation. (d) The City may enforce the provisions of this Code through civil action through: A. Civil action, as provided by state law; and B. Administrative adjudication in its Municipal Court, as permitted by Texas Local Government Code Chapter 54, as amended. (e)The City may withhold any public services until all rules,regulations,and requirements of the subdivision regulations have been met. (f) The City shall have such other remedies as are and as may be from time-to-time provided by law for the violation of zoning, subdivision, sign, or related Code provisions. (g) In addition to the enforcement powers specified in this article, the City may exercise any and all enforcement powers granted by law. Section 4. That all rights and remedies which have accrued in favor of the City of Port Arthur under this Chapter and amendments thereto shall be and are preserved for the benefit of the City of Port Arthur, any other ordinance affecting zoning that have accrued at the time of the effective date of this ordinance; and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 5. That the City Secretary of the City of Port Arthur is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. Section 6. That the City Secretary of the City of Port Arthur is hereby directed to publish in the official newspaper of the City of Port Arthur, the caption, penalty clause and effective date clause of this ordinance as provided by the Charter of the City of Port Arthur,Texas. Section 7. That this ordinance shall be in full force and effect beginning January 1, 2023, and publication as required by law, and it is so ordained. Page 3 READ, ADOPTED AND APPROVED on this day of A.D., 2022, at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: /74( Valecia R. Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager Page 4 EXHIBIT "A" WILL BE PRESENTED AT OR BEFORE THE COUNCIL MEETING Page 5