08-21-14 Regular Meeting of the Planning and Zoning Commission

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SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES Upon the conclusion of the public hearing, the board of adjustment shall determine, on the basis of written findings of fact and conclusions, whether the status of the revocable use should be revoked and the use amortized or terminated. In making its determination whether or not to revoke, the board of adjustment shall consider the standards set forth in section 106-267(3) (Required findings and standards in board-determination of revocation), and if it determines to revoke, it shall, in accordance with applicable law, after considering evidence presented at the hearing and other factors consistent with the purpose of this zoning ordinance, establish an extended useful life period for the owner to recoup the current remaining useful investment in the use made by the owner prior to the time the use became nonconforming, in accordance with the procedures set forth above. The revocable use shall terminate at the end of the extended useful life period or the termination date, as the case may be, as established by the board of adjustment. (3) Required findings and standards in board-determination of revocation. To support a finding and conclusion that revokes the status of a revocable use based on written findings of fact and conclusions, the board of adjustment must find any of the following (i) a violation of any condition imposed by the board of adjustment pursuant to section 106-265(b) (Board review and decision); (ii) that the continuation of the revocable use materially and continuously interferes in an adverse manner with the implementation of the legislative purposes of the zoning district in which the use is located, or (iii) a pattern of repeated occurrences of one or more of the following with respect to the revocable use: a. Noise above the maximum permissible limits, as set forth in the zoning ordinance, or in any other city ordinance; b. Traffic generation of more than twice that of the same use or use of a similar nature, based on rates set forth in the most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual; c. Noxious or annoying emissions of odor, smoke, wastewater, light or other matters; d. Hours of operation that begin prior to 7:00 a.m. and extend beyond 10:00 p.m. and as such exacerbate general noise or traffic; e. Lack of substantial compliance with applicable city codes and ordinances; f. Police reports on alleged criminal activity associated with the nonconforming use; or g. Similar factors. (4) Nonconforming uses not subject to revocation of status. Notwithstanding any provisions of this section 106-267 (Revocation of nonconforming uses status) that could be construed to the contrary, a residential use that is nonconforming in the particular district in which such use is located shall not be subject to revocation under this section 106-267 (Revocation of nonconforming use status). (5) Conditions for continuation. In making a decision not to revoke the status of a revocable use pursuant to section 106-267(3) (Required findings and standards in board-determination of revocation) the board of adjustment may impose conditions on the use that are necessary to accomplish the purposes of this section, including, but not limited to required improvement of, or modifications to, existing improvements on the property or limitations on hours or nature of operations. (6) Appeal. Any person aggrieved by the decision of the board of adjustment, or a taxpayer, or an officer, department, board or bureau of the city may appeal the decision in accordance with V.T.C.A., Local Government Code § 211.011. The decision of the board of adjustment is final LaPorte,Texas,CodeofOrdinancesPage50