06-01-2000 Regular Meeing and Public Hearing

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• • Page 2 of 5 Note: Zoning Ordinance 780 effective dates, October 4, 1960 - January 26, 1987 Zoning Ordinance 1501 effective dates, January 26, 1987 - November.6, 1999 Zoning.Ordinance 106 effective dates, November 6, 1999 - Present 1. The use of Outlot 420A located in Lomax was already controlled by City Zoning. Ordinance 780 when Robert Blackwell purchased it. A. La Porte annexed Lomax on April 9, 1980 (exhibit A). Bobby Blackwell purchased. outlot 420A on July 25 .1980 (see exhibit ); 3 % months AFTER Lomax was annexed, so the use o� outlot 420A. Was governed by Zoning. Ordinance 780 before Bobby Blackwell bought it. B. City Ordinance 780-PPP, dated July-15, 1981 (exhibit C) stated that the former City. of Lomax would be temporarily classified as R-1 Residential. Outlot 420A went from'temporary to permanent R-1 Residential. C. Ordinance 78Q, Section 620=15 (exhibit D) states that property uses that did not conform to Ordinance 780 had to exist before July 29, 1958 to be considered non -conforming uses. Kevin Blackwell's uses of outlot 420A started in July 1980; 22 years AFTER the deadline. His uses were direct violations of Zoning Ordinance 780,. and NOT non -conforming uses as he claimed. D. Kevin Blackwell's uses were new uses and not a continuation of any old nonconforming uses for the following reasons: 1. Kevin Blackwell's uses were of a different SIC classification than the previous owner. For example Dr. Lee raised race horses where as Kevin Blackwell rented out horse stalls. 2.* Zoning Ordinance 780 section 620-15.2(exhibit D) states, "The Board of Adjustment may grant a change of occupancy from one non -conforming use to another...".Only the Board of Adjustment can grant a change of occupancy" (use); and They did NOT grant Kevin Blackwell a change. 3. Swain v. Board of Adjustment bf City of University Park (433 S.W. 2d 727, 1968) Property owners do not receive any vested rights in non -conforming, uses of previous property owners. McClain v. City of Ennis (340 S.W. 2d 66, 1966) a purchaser of a lot is subject to Zoning Ordinance regulations against his proposed building , although the Zoning Ordinance was adopted after he applied for a building permit. E. Zoning Ordinance 780 Section 43-200, R-1 District Requirements) R-1 did NOT allow the activities Kevin Blackwell later claimed as pre-existing nonconforming uses (exhibit .E). Therefore; Kevin Blackwell's uses were a violation of.City Zoning Ordinance 780, and NOT a nonconforming uses.