02-24-2005 Regular Meeing and Public Hearing

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• • 'reX A5 July 16, 2004 Mr. Melvin Walker TEXAS GRILL 2219 Underwood Rd. LaPorte, TX 77571 Dear Mr. Walker: City of La Porte Established 1892 Thank you for our meeting of Thursday, July 15, 2004 regarding your permit concerns. In response to our meeting and the letter and e-mail I received on Friday, July 16, 2004, please find the following: You state "that your building was constructed in 1982 as a restaurant before the current Zoning Ordinances went into affect on September 22, 1997 and therefore they should not apply." DIVISION 9. NONCONFORMING BUILDINGS, STRUCTURES AND USES Zoning Ordinance § 106-146. Zoning permit for nonconforming uses, lots and structures. A zoning permit shall not be required but may be applied for and shall be issued for nonconforming uses, lots, or structures. However, in the event of any subsequent application or building permit or of any change in occupancy the enforcing officer may require other evidence that the nonconforming use, lot, or structure legally existed prior to the effective date such property became subject to the terms of these regulations. Zoning Ordinance § 106-261. Generally. ... nonconformities in " the use and development of land and buildings are to be avoided, -or eliminated where now existing, wherever and whenever possible, except when necessary to preserve property rights, specific structures, lots, or uses established prior to the date these regulations became effective as to the property in question,... However, Zoning Ordinance § 106-262. Nonconforming structures. (h)(1) Abandonment of nonconforming use or nonconforming structure. A nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The nonconforming use, when abandoned, shall not resume. 604 W. Fairmont Pkwy. 9 La Porte, Texas 77571 • (281) 471-5020