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

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ARTICLE II. ADMINISTRATION* Page 6 of6 g. Similar factors. (4) Nonconforming uses not subject to revocation of status. Notwithstanding any provisions of this section 106-267 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. (5) Conditions for continuation. In making a decision not to revoke the status of a revocable use pursuant to section 106-267(3) 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 Y.T.C.A., Local Government Code ~ 211.011. The decision of the board of adjustment is final and incontestable unless appealed to the district court within ten days after the date the decision is filed in the board of adjustment's office. (Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98) Sec. 106-268. Nonconforming lots of record. (a) Continuance of nonconforming lots of record Subject to all limitations herein set forth, any nonconforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized as provided herein. No new structure shall be placed thereon except in conformity with the applicable controls of the district in which the lot is located. No new use or change in occupancy may be undertaken on nonconforming lots of record, unless said change in use or occupancy is first submitted to the planning director for review. The planning director shall review said proposed change in use or occupancy, for purposes of insuring maximum compliance with this division, taking into account the particular restraints imposed by the degree of nonconformity of said nonconforming lot of record. The directors review shall include, but not be limited to parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirements as imposed by this division. Decisions of the planning director made pursuant to provisions contained in this section are subject to appeal to the board of adjustment as provided in section 106-89 of this chapter. (b) Discontinuance of nonconforming lots of record Any lot which is made conforming by combining with other lots for purpose of sale or development, or by development, or by subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provisions of these regulations; provided however, that a nonconforming lot of record that is made conforming shall not thereafter be changed back to a nonconforming lot. (Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98) http://library5.municode.com/gateway.dll/tx/texas/9160/9329/9331?f=templates$fn=document-frame.htm ... 4/11/2005