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

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ARTICLE II. ADMINlSTRATION* Page 5 of6 - Sec. 106-267. Revocation of nonconforming use status. Upon the recommendation of the planning director or a motion of the board of adjustment, the board of adjustment shall undertake a review of (i) any nonconforming uses; or (ii) any exempted nonconforming uses established pursuant to section 106-265 or 106-266 and, after a public hearing and investigation as to the particular use in question, may require the revocation of the use status and the extended useful life period or may order the termination of such use. For purposes of this section 106-267, a use described in (i) or (ii) above, shall be herein sometimes referred to as a "revocable use." (1) Initiation of revocation procedure. The board of adjustment shall undertake a review of any revocable use only upon: (i) its own motion, upon a determination that a reasonable probability of one or more grounds for termination under section 106-267(3) exist; or (ii) a report from the planning director recommending revocation of such revocable use, which shall be based upon a determination that a reasonable probability of one or more grounds for termination under 106-267(3) exist for such recommendation. (2) Board notice, review and decision. Upon its own motion, or upon receipt of the planning director's report recommending the revocation of the status of the revocable use, the board of adjustment shall hold a public hearing to consider revocation of a revocable use. Prior to holding such hearing, the board of adjustment shall provide public notice as follows: a. Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to all persons having an interest in the property as shown by the certified tax rolls of the city and to the occupant or occupants of the property containing said revocable use at least 30 days prior to the date of such public hearing; b. Publication at least 30 days prior to the public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the city; and c. Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feet as determined pursuant to section 106-89, of the lot line of the land subject to the application, inclusive of streets, alleys and rights-of-way, and to civic associations registered with the planning director, whose boundaries are wholly or party within the 200 foot area. 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), and ifit 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) Requiredfindings 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 1 06-265(b); (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 http://library5.municode.com/gateway.dll/tx/texas/9160/9329/9331?f=templates$fn=document-frame.htm. .. 4/11/2005