04-21-16 Regular Meeting of the Planning and Zoning Commission

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EXHIBIT A Section 3 : That Chapter 106, “Zoning,” Article I. “In General”, Section 106-191 “Special Exceptions”, subparagraph “b”, “Special exceptions to be reviewed; findings of facts”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: “Sec. 106-191. - Special exceptions. (b)Special exceptions to be reviewed; finding of facts. The term "special exception" shall mean a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest: (1) To reconstruct, enlarge or extend any building (whether a primary or accessory structure) occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (2) To deviate yard requirements in the following circumstances: a. Any exception from the front yard requirements where the actual front yard setback of any abutting lot does not meet the front yard requirement. b. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. c. A yard exception on corner lots. d. An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for buildings hereafter constructed or extended, be the required minimum front yard depth.” Section 4 : That Chapter 106, “Zoning,” Article I. “In General”, Section 106-264 “Notification of nonconforming status”, subparagraph “b”, “Changing a Non-Conforming use”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: “Sec. 106-264. - Notification of nonconforming status. (b) Changing a nonconforming use. Any nonconforming use or structure may be changed to a use conforming to the regulations established in this chapter for the district in which the nonconforming use or structure is located, or the nonconforming use or structure may be changed to a use or structure more conforming to the zoning district in which the nonconforming use or structure is located. For purposes of this section, the term "more conforming to the zoning district in which the nonconforming use or structure is located" shall mean a less intense use (per the Standard Industrial Classification Code -North American Industry Classification System). Whether or not a use is more conforming to the zoning district in which the nonconforming use or structure is located is a question to be determined by the planning director, subject to appeal as provided within this article. A nonconforming use or structure so changed shall not thereafter be returned to a nonconforming use or structure.” Section 5 : That Chapter 106, “Zoning,” Article I. “In General”, Section 106-301 “Official Zoning Map Provisions”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows: