2005-04-11 Regular Meeting and Workshop Meeting of the La Porte City Council

Browse Search

- - DIVISION 9. NONCONFORMING BUILDINGS, STRUCTURES AND USES* *Note: See the editor's note to div. 8. Sec 106-261. Generallv. The general public, the planning and zoning commission and the board of adjustment are directed to take note that 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, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the planning and zoning commission and the board of adjustment to assist the city council in achieving this goal by advising the city council of their recommendations thereon. As necessary, the city council may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any nonconforming use within the citv. (1) COI?forming use does not change to nOl1co/?forming use {l(l((jacent property suhsequent~v changes zoning class{ficatioll. A use that conforms to the zoning regulations on the effective date of this zoning ordinance at the time of initial development of the site shall not subsequently be deemed a nonconforming use solely because the use changes on an adjoining property. (2) Accessory use qlstructure. No structure that is accessory to a principal nonconforming use or a nonconforming structure shall continue after such principal use or structure has been terminated, removed or otherwise brought into compliance, unless it complies with all of the regulations of the district in which it is located. (Ord. No. 150 I-Z-I, 9 5(exh. D), 2-9-98) Sec. 106-262. Nonconforming structures (a) fjmitation on regulatioll. No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a nonconforming structure solely for a failure to comply with provisions relating to Article V, Division 2, Accessory Buildings, Uses, and Equipment, of this chapter. (b) Continuance (~lnOnCOlrrorming structures. Subject to all limitations herein set forth, any nonconfom1ing structure may be occupied and operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged unless the enlargement is made in accordance with the provisions of section 106-262 (g) of thi s chapter. (c) Accidental damage to structure. If a building occupied by nonconforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt unless it conforms with the provisions of this chapter. In the case of partial destruction by fire or other causes, not exceeding 50 percent of its value, as determined by a licensed appraiser, the enforcing officer of the city may issue a permit for reconstruction. If greater than 50 percent and less than total, the board may grant as a special exception a permit for repairs but not for enlargement or reconstruction of the bui lding. (d) Obsole.'icence (~lstructure. The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes substandard under the codes and ordinances of the city, and the cost of placing such structure in lawful compliance with the applicable ordinances exceeds 50 percent of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the enforcing officer detem1ines that such structure is obsolete or substandard. The enforcement officer of the city shall notify the owner of such nonconfonning structure, as shown on the certified tax rolls of the city, as to the date of termination of the right to operate and maintain such nonconforming structure, and as to the procedure to be followed to bring such structure into compliance with this chapter, or other codes and lttp://library5.municode.com/gateway .dll/tx/texas/9160/9329/9331 '7f=templates$fn=document-frame.htm... 4/11/200:"