1996-11-11 Public Hearing and Regular Meeting

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Section 4-204: A IiCatio_or Exem tion from Amortization uirement . Owners or occupants of non-conforming uses may apply to the Board of Adjustment for an exemption from the amortization and termination requirements of Section 4-205. The grounds for exemption shall be that the non-conforming use has no adverse impact on allowed land uses in the district or can be made compatible by complying with specified conditions. An exemption granted by the board may include a specific term or conditions to ensure reasonable compatibility. Said exemption could later be revoked through a similar hearing process (Section 4-206). Failure to apply for an exemption requires the Board of Adjustment to establish an amortization schedule. Section 4-205: Amortization and Termination . The Board of Adjustment shall hold Public Hearings to establish an amortization period for non-complying uses. Unless an exemption is granted, all non- conforming uses terminate at the end of the amortization period (a set time frame, not to exceed 30 years). Section 4-206: Revocation of Non-Conforming Use Status . Anyone of the following situations could initiate a Board of Adjustment action on a pre-existing non-conforming use. If the Planning Director, surrounding property owners, or the Zoning Board of Adjustment believe that a non-confirming use materially interferes with implementation of the Zoning Ordinance, a hearing may be held to consider limitation or revocation of the non-conforming use. Reasons for revocation could be: too much noise, emission of odors, too much traffic generated, improper hours of operation, lack of compliance with previously issued exemptions, City Codes or Ordinances, criminal activity, or other similar factors. A residential use that is non-conforming in the particular district in which such use is located shall not be subject to revocation. Section 4-500: Termination of Liquor Sale Establishments. etc. · All bars, lounges, taverns or other liquor sales establishments shall lose conforming status on expiration of their current liquor license, unless they are located in a General Commercial or Industrial Zone. Miscellaneous Notes . Structures that are accessory to a non-conforming use shall not continue after the non-complying use has terminated, unless it complies with zoning district regulations (Section 4-200). · Decisions by City and by Board of Adjustment may be appealed in accordance with Section 211.011 of the Texas Local Government Code (Section 4-204 (c) and Section 4-206 (g)). · There were no proposed changes to Section 4-300 non-conforming lots of record. · Structures are not subject to tear-down by the City, unless pursuant to City of La Porte Dangerous Building Procedures.