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HomeMy WebLinkAboutOrdinance 95 ~ ' J, ~~: ;, I '.. , ,; ~ ,i;. ,. i . ,l I II ,', " ,../ ~ : i.;, '- '}' . ' I , .. ". : "..:.._'" f, . . .- - " . .. . MEMORANDUM ADMINISTRATIVE OFFICIAL OF ZONING ORDINANCE #95 OF THE CITY OF LOMAX, TEXAS The Zoning Ordinance #95 designates the Administrative Official with his powers and duties as set forth in Section 19.00, 19.02 and 19.03. His duties are as 'follows: 19.02 Administrative Official Except as otherwise provided in this Ordinance the City Inspector for the City of Lomax shall administer and enforce this Ordinance, including the receiving of applications, the inspection of premises and issuing of building permits and certificat~s of occupancy and compliance. No building permit or certificate of occupancy shall be issued by him except where the provisions of this Ordinance have been complied with. The above section specifies the City Inspector shall be the Adminis- trative Official of the Zoning Ordinance and it is his duty to administer the Zoning Ordinance and enforce the terms and conditions of this Ordinance. He shall receive the applications for building permits and for certifi- cates of occupancy and compliance. It is his determination as to whether they should be granted or 'not granted unless the Board of Adjustment, where given the necessary power, has granted the permit after the proper hearing and procedure. His approval or disapproval of any building permit or certificate of occupancy and compliance should be in writing and where he has disapproved it, his reasons should be stated. He shall inspect the premises and determine if the Zoning Ordinance is being complied with. His powers are set forth in Section 19.03, 1 and 2 which are as follows: 19.03 Powers and Duties 1. Whenever work is being done contrary to the provisions of this ,Ordinance, the City Inspector may order the work stopped and also revoke the building permit theretofore issued by notice in writing served on any person owning such property or their agent or any person engaged in the doing or causing of such work to be done and any such person shall stop and cause to be stopped such wo~k until authorized by the City Inspector to recommence and proc~ed with the work or upon issuance of a building permit in thes~' cases in which the building permit has been revoked and further,: such stop work order and revocation of permit shall b~ posted o~ the work being done in violation of this Ordinance. Notice ~f any stop work order or revocation of a building permit shall bd submitted to the Board within three (3) days of issuance. 2. Wherever any lot, building, or any portion thereof is being used or~ccupied contrary to the provisions of this Ordinance the City Inspector shall order such use or occupancy discontinued :.. ~ . ~, .... ,,;; ~ _' " ..~ ,." ,'.:,,:.'. .... .: t, c' ',.,' ',.. -'. ;:..1. . .:........:: -;~..._:~...~!:;. . "," ....\ ......,.. . . . ~ u;.- -: ,I, ': "'!~ -. '.,:.~ . " .' . . . t and the lot, building, or portion thereof vacated by notice served on any person using or causing such use or occupancy to be continued and such person shall vacate such lot, building or portion thereof within thirty (30) days after receipt of such notice or make the lot, building or portion thereof comply with the requirements of this Ordinance. The City Inspector shall notify the Board of any such vacating order within three (3) days of issuance. We can see that the City Inspector is given the authority to stop any work or order the vacating of any building which is not 'occupied in accordance with the terms of this Ordinance. He has the authority to file a formal complaint in the Municipal Court for criminal violations of any of the terms of this Ordinance. The City Inspector, as Administrative Official, should repre- sent the city in any hearings before the Board of Adjustment. It is his responsibility, where a request for a special exception or a variance has been requested by a citizen, to give testimony in behalf of the city as to whether it is a benefit or a liability if such exception or variance is or is not granted by the Board of Adjustment. We trust this will clarify the powers, duties and responsi- bilities of the City Inspector under Zoning Ordinance #95. .. ~ ", . .-:-::-:.: ;'-::j-':~? ~:-~:.; ..:...: ;--~.~~ \., .,:.' . "" t~'i: ,:,' . .: .t"';' , , , .:" 1'~.;.j""')}I';"~;:)~ ~''''.sh .", ..t;:-'.:::.~".:..f: .~~..:,~ ~'.; :"" .,:~~.:~.,. . . . e POWERS AND DUTIES OF THE BOARD OF ADJU5TfvfE].,l;, LOMAX, TEXAS . ~ _. - -_. - - f The powers and duties of the Board of Adjustment are set forth in Ordinance 95, Section 16.02, which reads as follows: Section 16.02 Powers and Duties Where ~n its judgement the public convenience and welfare will be sub- stantially served and the appropriate use of neighboring property will not be substantially or permanently injured, the Board of Adjustment may in specific case, after public notice and public hearing, and subject to appro- priate conditions and safeguards as hereinafter set forth, authorize and shall have the power to grant the following special exceptions and variances to the regulations herein established. Applications may be acted upon affirm- atively by the Board only when all of the following conditions are present and only when the following limitations are acknowledged by the Board. \ Therefore you, as members of the Board, can see that you have the power to grant variances and special exceptions when the following conditions are present and when the following limitations are acknowledged by the Board. What are the conditions which must be present before you may grant a variance or a special exception? They are as follows: 1. Conditions: . ~1 /' ~,~ ,/ '~";'~' ,/":;.~':; ,1.< ~ tJ; l(b,) r' r:.> ' .. ,J ~JJI" r "'~' rl? '. ; ." 4-';' , Ji' '~J'Y ~. '0 . ',I' ."" . .' ......... t: ' f\ ".v rr..&Pl~ ~J.'1.r-r' ~ f:..\ nN c) i-I- , ~/r,~ .,VI!~~ ;"P"~:'I" ,..I' . .~J )"~iJt~ i p. 1~11 V .. ~'l#)pr } f},-,~-~(,.rJv Q/ ~..,J l; r~) ~ ~) ~sM ~'~'~j r'i1~; ~. :1.. J::;~t;./ -Ie) 1..(.. ~ .."K' ~j) r 'J~rP ~ ...". v'" J~'" V 1( J;'~;" /' Therefore the Board must find all of the above conditions on any exception or ,ot"'J~;;./' variance which may be presented to them. l.o~y'l' The applicant is the owner of the property described in the application. The applicanj: proves that his plight i~~ due to uni~ue cir- I I . cumstances. -YOl.( ~'YI',.(d f d.;' 11, &.J it;:;.l,!. ~'~C'; f\ IS 'co,-i' 7111,'1' !I"'-l;;/"'" h ;;'h 1'1'" 10 b4,'/d.- IY' ,1p'Artrl. ~"I J(!..:' ,,' Affirmative action upon the application will not alter the essential character or quality of the locality, and the spirit of this Ordinance will be preserved and the rights of others will be protected. The applicant has in no way by acts of omission or commission contributed to or brought about the conditions of which he complains. No variance shall be granted to permit in any district a use that is not a permitted use in such district, except that permitted by the following exceptions and variances. In granting,:any -variance",') ~::i:~~I~. s/~~}~~~e~ic;i_b~:~~ ~~~d;'t~~?:1;fl~.~:ems necessary' or ...~': ~ " What are the limitations which you as a Board are required to meet upon any variance or exception? They are as follows: 2. Umi tations , (a) '(b) The burden of proof shall lie upon the applicant. ,; ( c) ~erely the claim or the proof of more profitable returns shall not b, in itself evidence of hardship. i I' the fact that other variances have been granted in the vicinity shall!:not in itself be regarded as reason for granting a variance. .. [f,~ T. ..: ~ ','t", ':", f' .f " . .~ . - - . . -2- . . I, ' ,. ~ .." , . . .'~ 1 'I . ,~"'1"'~'(d) A hardship which is shared by others in the locality shall not , be relieved by a variance, unless the Board determines that the par- ticular circumstances involved warrant the granting of such a vari- ance. .......",," \" '" ... '.L 'l' ,fl. " Therefore you, as a Board, must make a determination based upon the nine" '. ~.. .. (i.t; ') ,I')J.;~' _,,:,~'Jj, ,';"v '~\ above conditions and limitations in arriving at your dec~slon. " J ..' :) ! '... ," ", " '" ~ ',' . ~ .. '.. It -.. '-' . The next question is, IIWhen is the Board impowered to permit exceptions and variances subject to the conditions and limitations that we have heretofore stated?" The only exceptions the Board is permitted to grant are set forth in Section l6.0~, Subsection 3, 'oJ I: .~ 3.\.I,l.t.I .,: '1' I . : ',i:~ .!..,I '1,\ i ." '... r ~ ....." " ' which reads as follows: Upon appeal the Board is hereby impowered to permit the following exceptions and varian~es, subject to the previous conditions and limitations. ". , , ..f,t' :'i ... \.,1 ( a) Permit such modifications of the height, yard, area, and parking regulations as may be necessary to secure appropriate development of a parcel of land of such unusual topography or restricted area and shape that it cannot be appropriately developed without such modifications. i i .".i. .. ' .' , " :( 'f ) . ,; ,.\. i: ': ~.~ '" t. 11 " '~ i .. ~ " , . \ ' .', . I . t (b) ... ",I. It-' .< I' \!-- ( c) ~t,\.~, I "\ .. Permit such modification of the parking regulations as may be warranted by the unusual character of a proposed use. , ~ , ,:, ,..', .. i.' '1 f \" , If- Grant a permit for the extension of a use into an adjoining district, where the lot upon which the existing 'use is situated extends into the adjoining district and is in single ownership at the time this Ordinance is adopted. ----. - ~ -... . ~ ( d) Permit the reconstruction of a building occupied by a non- ,cenforming use, provided such reconstruction does not prevent the return of, such property to a conforming use. ", ~. i~'- 'i v\ ' .v. " \.\. j From Section 16.02, Subsection 3, you, as a Board, can see that you have been limited by Ordinance 95 as to what exceptions and what variances you may grant. You will note, therefore, that this section gives you, the Board, specific ,. . power to grant a permit of an exception only in these four areas, subject to your 1.~ ~ ~~ conditions and limitations in Section 16.02, 1 and 2. It is my opinion that in , \~'6ection 16.02, Subsection 3, that the beginning paragraph which states, "Upon ',~'t~ ,I.. . '~ appeal the Board is hereby empowered to permit the following exceptions and var- ~.~ "'~ iances, subject to the previous conditions...." is written incorrectly; an ,I " \ .... :1j .. l(J "- '~ t :~ ':"~ person to use his property in a means not provided for in the Ordinance. \'''1""~ j\ A variance mar be granted by the Board of Adjustment in specific cases j '\ ~ when such variance'I' from the terms of the Ordinance will not be contrary to the J I~ .. ~J ~~\ I p~Jb1ic interest, where ~wing to special conditions, a literal enforcement of, the .'~~ ...~r~~ision~ of the Ordinance will result in unnecessary hardship and so that _', :' '1,,' "~, ~y-: ~', ' .. ~. ~" ... , '''!.. .... \J' ..', ", t "J '\.,_' '," ~,., '~;":.;' , ~':<I\ "\f:" appeal is not necessary for the granting of the special exception, and since (a), (b), (c), and: (d) give you the lawful permission to grant these exceptions, a variance would npt apply since a variance would only be granted to allow a fJ , . ~ ':."J " ~: ' ,t "j '." . .~ ~. :.. . . -3- . . the spirit of the Ordinance shall be observed and substantial justice be done. We will attempt, for the Board's benefit, to define a "variance" and an lIexception". A variance is permission given by the Board of Adjustment to an owner to use his property in a manner forbidden by the Zoning Ordinance. An exception, on the other hand, allows an owner to put his property to a use that the Zoning Ordinance expressly permits, that is the conditions permitting an exception are found in' the regulations themselves. Thus the two terms are dis- tinguishable in that a variance is authority extended to the owner to use his property in a manner forbidden by the Zoning Ordinance, whereas an exception allows him to put his property to ~ use that the Ordinance expressly permits. Another important distinction between an exception and a variance is that the showing of unnecessary hardship has been associated only with the exercise of the variance power. An ordinary showing of unnecessary hardship is not a prerequisite to the grant of a permit for an exception. Another distinction between an ex- ception and a variance relates, to the jurisdiction of the Board of Adjustment. A citizen may file his application for an exception directly with the Board for which the Zoning Ordinance 95 in Section 16.03, Subsection 2 (a) expressly gives permission as follows: 2. (a) Applications for exceptions to the provisions of this Ordinance shall be in writing and in duplicate by the pros- pective occupant and/or owner of the property. One such ap- plication shall be filed with the Board and/or duplicate of original of such application shall be filed with the City Inspector. All variances shall be originated by an appeal from the decision of the City Inspector. From a practical standpoint, the City Inspector will make a decision on a request for a variance by refusing a certificate of occupancy in compliance, and/or a building permit. The Board of Adjustment also has the following powers and duties: 4. (a) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determin- a~ion made by an administrative official in the enforcement of tlllis Ordinance. This section ~rovides a citizen or the city the opportunity to appeal to you, as a Board, w~en they think there has been an error in the interpretation of the Zoning Ordi~ance by the administrative officials (normally the City In- ; spector) in the enf,orcement of this Ordinance. ~ Section l6.02~4, Subsection (b) also gives the power to the Board as follows: . , . !J ..,:~;1~~~~~.~... .":_ ':. ; ...:;t~;};/:i~.~'~~",' , "",'i::," " ,...." ,." ,"',,' " . '. :.:..~'I.'.;:"1,.1-".;":':. '," ,.." :.;:; ,~;~.;:;~;'~;i ~>j,,;;. ::' :;.:,::,:, .. .. . . .", ';"~.,~'..i.~.;~:~.r~:'~f}~:~.:~. ~:" ,,::~':;'~. : :<""':~'''~; ":. :~';~';. , " , .,.. /.. \ ": .;Il,'.'':'I'~' . . "..:;,;" ~'" ,I e . -4- . . 4. (b) To hear and decide the issuance of special permits in compliance with the requirements and provisions of Section 14, Special Use Regulations. We fail to provide in the Ordinance any specific businesses, uses or public places that would be allowed in the business, commercial, or industrial districts after they received a special permit from the Board of Adjustment. Section 14 provides for the .special permit but does not provide in what areas the special permit may be used, therefore the Board would have no power to under Ordinance 95. C~J~\.~~'-,QX\...... , 0~ 0 'l'>;:~:' ~ )~:. , ~1__~~-" , f grant a special permit Subsection 16.02-4, Subsection (d) is as follows: , ,~ " 4. (d) To define words a~d terms not defined in Section 2, Definitions. ',' The Board has a right under this section to define any words or terms which 'I, have not been specifically defined in this Ordinance which may need definition in , p;. . :{". " the future. \/ I' , 'i:':" I " ,.\Y As you can see from the above on Section 16.02 your powers and duties are specifically set forth, and under the law if they are not set forth then you, as a Board, do not have the power to act. It is my recommendation that when the Board examines the application, the first determination for the Board is to see if they have the power to act upon the request of the citizen or the city within the guidelines as set forth in Section 16.02. Variances and exceptions are'distinguishable from nonconforming uses. The owner of a lawful nonconforming use existing at the time of the enactment of the Zoning Ordinance is entitled to continue that use, as a matter of right, though he would be required to get a permit if the owner desires to expand, alter or change the existing use. On the other hand, a use or structure that may be authorized as an exception to a Zoning Ordinance is one not in existance at the time the Ordinance was passed and that is prohibited by the Ordinance without first procuring a permit authorizing it after showing the facts necessary to warrant its issuance within the exception provisions of the Zoning Ordinance. Similarly, a variance of the zoning regulation is authorized to permit a use not in existance at the time the Zoning Ordinance wa~ passed, and that is prohibited by the Ordinance. After a showing that owing ti,:o special conditions a literal enforcement of the Zoning Ordi- nance would result ~n unnecessary hardship, the Board may grant a variance subject, however, to the fol~owing restriction: The Board of Adjustment has no authority to grant a variance iin any district that is not a permitted use in such district due to the express restri~tion in Section 16.02-1, Subsection (e), which reads as follows: ~ r. .!. ;..; ~ . : '~" ,( '~,,' i, ',' ",'" i:: :~::~ ~ .',; "," I.,. :", .... ';,"; i ~ ,- - :. .., . '. _"" ... t-.:: ~ . 0 ' .; . .t.~? : -\.-r~!'__' .. ., . " e -5- . e . 1. (e) No variance shall be granted to permit in any district a use that is not a permitted use in such district, except that permitted by the following exceptions and variances. In granting any variance, the Board shall prescribe any conditions that it deems necessary or desirable. Therefore, a citizen's only remedy for the use of his property other than that required by the Zoning Districts is to request a rezoning of the area through the Zoning Commission. We trust this memorandum will be of help to you in granting special excep- tions and variances to Ordinance 95. . fJ --, ,. . . '-:":~::-. . -- ;_~:., ,.,~' . ,I; 10:'1 . . "'" , '\,~' o'~ ',' '~~:,~~~. /:;,.:~.. , , . ! I ~', _ , : ::,::'.....: :,,',;,:; :,'. ,', ',. :l~""~',;,.,, ", e' e e . ., RULES Of THE BOARD Of ADJUSTMENT LOMAX, TEXAS Rules of Procedure The Board of Adjustment shall be governed by the provlslons of all applicable State statutes, local laws, ordinances, and these rules. Officers and Duties (1) Chairman and Vice-Chairman The Board shall elect annually from its members by a majority vote a Chairman and Vice-Chairman who may be elected to succeed themselves. The Chairman, ~r in his absence or incapacity, the Vice-Chairman, shall decide all points of order' or procedure and may administer oaths, and compel the attendance of witnesses. (2) .The City Secretary shall act as Secretary of the Board of Adjustment. The Secretary shall keep all records, conduct all correspondence of the Board and supervise the clerical work of the Board. The Secretary shall keep a minute book of the pro- ceedings of each meeting, and each hearing which shall include the vote of each member on each question or if absent or failing to vote, indicating such fact; the names and addresses of all wit- nesses, a summary of the facts on which the decision is based, and the decision rendered, and other official act~ons of the Board. (3) The election of the Chairman and the Vice-Chairman shall be held on the first regular meeting of the Board of Adjustment of each year, as indicated_in (2) below. Meetinqs (1) Quorum - A quorum shall consist of four voting members of the Board. (2) Time of Meetin,g - a. Regular meetings shall be held on the second Tuesday of each month at 7:30 p.m. or at such other hour as the Chairman may designate. The first re- gul ar meeti ng in .Tan'uary shall con sti tute the ann ual organization meeting of the Board. b. Special meetings may be called by the Chairman at any time provided that at least 48 hours ndtice shall be given each member before a special meeting is held. The Chairman shall call a special meeting within 10 days of receipt of a written request from any two members of the Board. (3) Cancellation of Meetings Whenev~r there are no appeals for special exceptions or variances or other pertinent business to be considered at a,regu- lar meeting, th~ Chairman may dispense with such meeting by so notifying each member at least 48 hours prior to the time set for such meeting. (4) Order 9f Business The or~er of business shall be: a. Roll c~l. b.' Public hearings. c. Approval of minutes. d. Action on held cases. e. Action on new cases. f. Other business. g. Adjournment. lJ ..".... ,', ;,llj,.., ",- J:" ".' c,,}~~:... " .... -, '_ t':: -...::. .. . .'.; . ~ . , ... .....,..... e, . e e -2- (5) Vdting and Disqualification of Members All matters shall be decided by roll call vote. Decisions on matters requiring public hearings and which reverse any order, requirement, decision or determination made by an enforcement officer or to decide in favor of the applicant any matter upon which he is required to determine under any such an ordinance, or to grant any variance from the requirements of such an ordinance shall require the affirmative vote of four voting members of the Board present at such hearing. Other matters shall be decided by majority vote. No member of the Board shall sit in hearing or vote on any matter in which he shall be personally or financially interested, nor shall he vote on the determination of any appeal unless he shall have attended the public hearing thereon. Public Hearings (1) Matters Requiring Public Hearings A public hearing shall be required in all matters involv- ing an appeal from any order, requirement, decision or determina- tion by the City Inspector arising from the enforcement of the Zoning Ordinance; a~ appeal for a variance from the terms of the Zoning Ordinance; an appeal for an exception as specified in the Zoning Ordinance; or a question involving the interpretation of the Zoning Ordinance. (2) Notice of Hearings No appeal shall be decided until after due notice has been given and a public hearing has been held thereon. Due notice of a hearing shall be as follows: a. By publication of paper of the ci ty at least Jrgn hearing. a notice thereof (~~) days before 05) once in one official the date of the b. The Board shall mail notice of the hearing to the appellant or applicant or his attorney or agent at least ten (~O) days before the date of the hearing. c. 'The Board shall also, insofar as practicable, mail notices of the hearing of an appeal to all property owners as appear on the latest tax roll of the City, within a 200' radius of the premises affected by the appeal. Such notices shall be mailed to the street address of the properties within 200' radius regardless of whether or not the owner resides therein, unless the Board has definite knowledge of other 'addresses of absentee owners. Notice of hearing shall also be sent to the councilman of the district within which the property described in the application is located. Compliance with this subparagraph shall not be a condition precedent to proper legal notice and n9 hearing or action taken thereon shall be deemed invalid or illegal because of any failure to mail the notices provided for in this subparagraph. (3) Conduct of Public Hearings Any parson may appear in person, by agent or attorney at any public heating. The order of proceedings in the hearing of each case at a public hearing shall be as follows: a. Reading of the public notice for the hearing by the Chairman. b. Re ading of cerning the appe al. , '.. C. Witnesses pertinent written comments or reports con- in favor of the appeal.- ... " ~ , -, , ' :, >~;,;/:.~~---;;-~~ ,..~~.~~:~~~\~, i>~;;'.,~,)i::.~';:,[.;l,'~:",':i'~.:".c.~,:,," ~r_..~;.(::,.~:,;.,' ' , ," , . " -- ..-;r.....: , , . ,':'" ". ~'- .:. .;. '. ~'~'....' '." . I. 1. '... e, . e e -3- d. Witnesses in opposition to the appeal. e. Rebuttals. The chairman or any member of the Board may require any witness to swear or affirm that his or her statements of fact are true. (4) Rehearings No request for a reconsideration of a decision shall be accepted at any time, if it appears that no substantial change in facts, evidence, or conditions has occurred in regard to the neigh- borhood~ Whether or not a change in facts, evidence, or conditions has occurred shall be determined by the Board of Zoning Appeals be- fore the application is accepted and placed on the calendar. , I, ( , ',~ ; Appeals . :.~ \. "...t '., . - . ~ 'I I . 1 1;." ~". ~. (1) Time Limit for Appeals j/' .",," .', J ~ ... ' ..,' An appeal must be made with'i,; 60":day's after the action of the City Inspector which is being appealed from. (2) Filing of Appeals The applicant shall file his appeal in duplicate with the Secretary of the Board on forms available at the office of the Secre- tary of the Board, one copy of which shall be forwarded to the City Inspector by the Se~retary. Appeals for exceptions and variances shall be accompanied by an accurate and intelligible plan drawn to a suitable scale. A non-returnable fee of $30.00 shall be paid to the Secretary of the Board upon filing an appeal. (Check or money orders shall be payable to the Board of AdjUstme~~) Appeals shall be signed by property owners or a certified agent. ., ~ , ' ~ ~...;, '~~ '" t,'},~' ~ (3) Calendar' . The appeal shall be placed on the calendar of the Board of Adjustment when the Board has substantial factual information to hear the case. (4) Amendments, Withdrawals The applicant may not amend or withdraw his application after the official notice of the public hearing has been trans- mitted to the official paper for publication. Decisions (1) form of Decisions All decisions of the Board of Adjustment shall be by resolution. The basis for the determination of each appeal and a detailed summary of the facts upon which the determination is made shall be recorded in the decision and shall constitute a part of the record thereof. In the case of variances, the deci- sion shall state the exceptional difficulty or unusual hardship upon which the appeal was based and which the Board found present. The decision shall also state in detail what conditions and safe- guards are required. (2) Expir$tion of Permits Unless otherwise specified, any order or decision of the " 'Board granting a sp.ecial exception shall expire if a buildin:g "or occupancy permit is not obtained by the applicant within 90 calen- dar da~s from the date the decision becomes final. ~ .-- .., .. .. -' --.. .. -.-- .. '- :-,-' :. , ".' .- ,~~"- -.... ~.. : . to. '.' , "' -~..:' .~ ','.~: ; ,. ,.~. ,'". ~~ .'~~.. '.' ".:;. " .. e e ;; -4- (3) filing of Decision e e The decision of the Board shall become final on the date of entry of such order with the Secretary of the Board of Adjust- ment and service of a copy of its decision and notice of filing with the appellant or his attorney or agent. Copies of the de- cision shall also be sent to the City Inspector and to the Tax Assessor-Collector's office. Amendments These rules may be amended at any regular meeting by an affirmative vote of not less than four voting members of the Board, provided that such amendment has been presented in writ- ing to each member of the Board at least 48 hours preceding the meeting at which the vote is taken. ;. ~ !:'-,;:":1. ;;,.. .' .. .......:... .".' ;",0;'1. ~: ,.... ~ . ',~':~'~,"'. . .:~<. , , . I .' :-..t . . . . . ;.~ ~". . . ", ,. -::. . ......1:.. =,,:... ': . . ....~ ;'. . :.:'.:..J ,: 'oJ". e . e e APPLICATION fOR CERTIfICATE Of COMPLIANCE WITH ZONING REGULATIONS Number Date l. requests a certification to the property known as pose: (Note: specify exact nature of use or occupancy, whether existing or pro- posed, and whether of land and/or structures) The following are sample requests: a. A change in the district classification of the subject property has been proposed, and applicant wishes to secure his rights as a noncon- forming user under the proposed classification to permit the continued use of the property as a , which applicant believes to presently comply with the applicable regulations. b. Applicant is a purchaser under contract of the subject property, and requests a certification that the same complies with the applicable regulations. The presen~ use of the property is ' c. Applicant desires to use the subject property for the follow~ng pur- poses and requests a certification that the same are permitted uses, to wit: d. Applicant requests a determination as to whether or not the use of the subject properyt as a would comply with the applicable regulations, the same not being specifically enumerated as a permitted use under the provisions of Article Section Subsection Paragraph , but which applicant feels is similar , to the following use(s) which is (are) permitted thereunder for the following reasons: , owner , hereby of compliance with the zoning regulations with respect for the following pur- 2. In order to substantiate compliance with the area and density requirements (add angle of light, floor area ratio, etc., where applicable) a survey map and floor plans are submitted herewith, as follows: 3. for existing uses or structures, specify date of construction or acquisition: 4. Please forward the r~quested certification to: (name and address) 5. for further information, contact: (name, address and phone number) (Signature of applicant) (Jurat) . ~. -'P' " , ~' iii,' '1-. .' ".1. ','.;. '..' ',r . .' l':' e . e e CERTIFICATE OF COMPLIANCE Certificate No. Location of Property: I, , City Inspector, of the City of . Lomax, Texas, do hereby certify that (the following are sample certifications): a. "the existing use of the subject property complies with all tlle appli- cable zoning regulations as of this date." b. "the proposed use of the subject property as a will comply with the applicable zoning regulations." c. '''the proposed use of the subject property as a while said use is not specifically enumerated as permitted under Article Section Subsection Paragraph of zoning ordinance, is simil~r to other uses permitted therein, and will therefore comply with all applicable zoning regulations." d. '''the district classification of the subject property is wh~ch classification permits the following uses: " e. "the district classification originated on the use of said premises as continuing to the use thereof." of the subject property as and terminated on , and having begun on present date, constitutes a nonconforming ( Sig'nature) (Date) :. 11 i . . ',. .. . '... ~ .' e . e . f BUILDING AND ZONING PERMIT (To be filled in. by City Inspector) Permit No. City of Lomax, Harris County, Texas APPLICATION FOR BUILDING AND ZONING PERMIT Name Permit Issued Permit Expires Zoning District Value of Work $ Approved by Remark s Address A PERMIT MUST BE OBTAINED BEFORE BEGINNING WORK This application is to be submitted ~n DUPLICATE. ANSWER ALL OF THE FOLLOWING: The undersigned hereby applies for a permit to do the following work which will be done in accordance with the description, plans, building and zoning specifications submitted, and such special conditions as may be indi- cated on the permit, and pursuant to of all State and Federal Laws, rules and regulations. The owner of this property is: (NAME) (P.O. Address) The person responsible for the superv1s10n of the work insofar as the Building Code and the Zoning Ordinance 'apply is: (NAME) ( P .0.. 'Address) r" ,Name of Builder ,Name of Plumber Name of Mason Lot Number Estimated value of proposed work $ Location Name of Street Side of Street north Nearest Cross Street ft. Address Address Address Section or Block east , south west Distance from this cross street Property is north east south from Cross Street. If on corner, which corner, ____northeast northwest southwest (Designate by marking with an "X" in the correct space.) west southeast NATURE OF PROPOSED WORK Construction of a new building --- Addition to a building --- Alteration to a building --- Demolition of a building --- Installation of an oil burner Installation of plumbing. Describe Other work. Describe OCCUPANCY Main Building One-family dwelling Two-family dwelling -family apartment house Store building -car attached garage Other: Accessory Building One-car detached garage Two-car detached garage Private chicken house Private storage building Other: . "~ -, . . .t -. : I . -..' - '. ':. _ . ;. J....::_ " '. .f :t.:. .~. '.. .~'_M I" . ".;~'. "," ,. . . , ., ", ~ ~.:. ." .,;.;: ~ ;::.", -:" . ..' ".. .:..... ...... '., I "~':';"" 'I " . e e e e . ZONING DATA: Fill in for new building, or addition to existing building, or a change of occupancy. Indicate on the plot plan street names, the location and size of the property, the' location, size and setbacks of proposed buildings, and the location of all existing build~ngs. Show proposed building(s) in dotted line and existing building(s) in solid line. (Diagram) . Size of property , ft.X Size and use of existing buildings if Size of proposed building ft.X Height (from grade to ridge) Front yard ft. Side' yards ft. and Rear yard ft. If on corner, setback from side street ft. Note: All distances are net, as measured from property line to nearest part of building. ft. any ft ft. ft. SUBJECT TO ALL STATE AND FEDERAL GOV'T LAWS & REGULATIONS ORIGINAL BUILDING SPECIFICATIONS. Fill in only for new MAIN building or addition or alteration to existing MAIN building when no separate specifications are filed with this application. Kind of construction: Wood, frame, fire safe, etc.? Will any second-hand lumber be used? If so, where? Material of 'foundation walls Thickness Size of footing Depth of foundation walls below grade Continuous foundation? Will there be a cellar? Type of roof: Sloped or flat? Size, wood studs X Size, floor beams, 1st floor Size, floor beams, 2nd floor Size, ceiling beams X Size, roof rafters or beams Size of sill Exterior If so, material of cellar floor Material of roof o.c. span o.c. span o.c. span o.c. span o.c. span If masonry, , spacing , spacing , spacing spaci.ng spacinQ finish ft. ft. ft. ft. ft. thichness Is building to be sheathed? With what materials? Finish of interior walls Size of girder Size and spacing of columns If garage is to be attached, of what material is wall between garage and main building to be constructed? Is there to be an opening between garage and cellar? Kind of heating system Oil burner or gas burner? Will a flue-lined chimney be provided? Depth of chimney foundation below grade Height of chimney above roof Will there be a fireplace? Depth of fireplace hearth Will a toilet be installed? Will a kitchen sink be installed and connected to water supply? Water supply (public water supply or pump) Distance of cesspool from any private well ft. Will drainage system be provided with required traps, cleanouts, and vents? Fee Cubic content cu. ft. PLAN OF PROPOSED CONSTRUCTION. Fill in only the new MAIN building or addition or alteration to existing MAIN building when no separate plans are filed with this application. ' Make drawings at scale of one square equals one foot. Make sketch of floor plans of first and second floors, indicating demensions of buildings, rooms, doors, windows, etc., location of chimney and plumbing fixtures, etc,. etc. .. '.tf ..' ;1: . ...._.1. ~ ~...'~_:J. I ,I '. .~. e . e e AFFIDAVIT State of Texas, County of Harris I swear that to ,the best of my knowledge and belief the statements contained in this application, together with the plans and specifications submitted, are a true and complete statement of all proposed work to be done on the described premises and that all provisions of the BUILDING CODE, THE ZONING ORDINANCE, and all other laws pertaining to the proposed work shall be complied with, whether specified or not, and that such work is authorized by the owner. Signature Owner, Owner's Agent, Architect, Contractor Subscribed and sworn to before me, on this the day of . . . . . . " 19___, Notary Public in and for Harris County, Texas. Notary Public in and for Harris County, Texas SPECIAL CONDITIONS OF THE PERMIT: By .. 'f r.,.. 1._0" .,.....;..:.j. ..... -', . ',', ,-f..: ...~. f" .'. .. .:..... :!: :~.". ....:. , - .. '. ~." e . e e NOTICE OF DENIAL OF APPLICATION FOR BUILDING PERMIT To: PLEASE TAKE NOTICE that your application for alteration---maintenance of on Lot No. of SUBDI VISION, in a rejected on the following grounds: a permit for the erection--- premises at No. District is and upon the further ground that the proposed use (structure) is not in conformity with the provisions of the Zoning Ordinance of the City of Lomax, Texas. City Inspector Title of Other Authorized Official Under the rules of the Board of Adjustment of the City of Lomax, Texas, a notice of appeal from any action of the City Inspector must be filed within days from the date of filing of the notice of rejection in the City Clerk's Office. .. - .0' . , ~ . .. ----- .~~,.4J~':_i.' ::.' ~..: ":":", .... ./':1:<:t;....,.~:,~:..._l._~.j..,"':..,.........;i;:._;.. .~.. '.. .....:... e. . e e DENIAL OF CERTIFICATION OR BUILDING PERMIT FOR NON-COMPLIANCE WITH ZONING REGULATIONS 1. Applicant: a. Name b. Address Telephone No. c. Nature of interest (specify whether owner, agent, contractor, etc.) 2. Property: a. Postal Address b. Tract and lot (if any) c. Metes and bounds des~ription attached hereto (if necessary), or survey map. 3. Reasons for Denial: (Note: Specify exact section of zoning ordinance, including paragraphs, if necessary, and the reasons why the proposed request does not comply with same; it is not required that the language of the section be set forth.) " , Denied by Date :. - .. .' .. "~ .,; "-:7;,.~',~~,~~-:'c '~'.~,~:.."~,!,~ ,,".'t .":::.L~:::;!; '::.'.: ~~'..,:':_"; :,.~,~~,,;,.:;.;,,:: .' .......' , .... ,r. '. '... e, . e e OUTLINE OF PROCEDURE FOR PROCESSING APPLICATIONS FOR ADMINIS- TRATIVE RELIEF, LOMAX, TEXAS A. Filing Application 1. A denial form issued by the City Inspector is obtained from the City Secretary. 2. Administrative Division receives application in duplicate and checked for completeness 3. A plot plan drawn to scale is submitted in dupli- 'cate and checked for pertinent measurements. 4. A fee of $30.00 is paid to the City Secretary. B. Prepari~g for Hearing 1. A copy of the application and plot plan is sent to the City Inspector for his records together with a letter requesting any information it may have on file in regard to the Applicant's p~operty. 2. Staff report is prepared and cleared with Chairman. 3. Addresses of all property owners within 200 ft. of the applicant's property is obtained from the tax roll. 4. A date of heari~g is set. 5. A notice of public hari~g is prepared and sent to the official newspaper before noon on the 12th day prior to the scheduled hearing. 6. At least 10 days prior to the hearing, post cards are sent to the applicants, or their agents, and the list of property owners within 200 ft. of the applicant's property notifying them of the hearing. NOTE: A list of those notified is prepared and properly sworn in the case folder. 7. The Staff report is transmitted to the Board of Adjust- ment at the time of advertisement of public hearing. 8. Three days before the hearing date members of the Board of Adjustment are contacted to arrange for viewing the application and the properties involved (usually the morning of the hearing). C. Hearing 1. The hearing is recorded in its entirety by means of a dictaphone. D. Preparing the Decision 1. Minutes of the hearing are summarized from the record- ing and if preliminary findings have been indicated by the BQard, a draft resolution of the decision is pre- pared'and copies transmitted to members of the Board of Adjustment. 2. Discussion meeting is called and held. 3. Final draft of resolution of decision is prepared. . ' 4. Letter notifying applicant of the decision is prepared. II ..."""': .".t ~- .... ",. '. '." "": ~ .;". " ....30\....'-..;.1 "'. . ....' . " . e e e e ; -2- E. Deci sion 1. The decision is rendered at a meeti~g of the Board of Adjustment. 2. The decision is filed with the Secretary of the Board copies are executed by the Secretary together with the letter of notification to the applicant.- 3. If ~he Applicant or his attorney is present, the letter of notification and one executed copy of the resolution is given to him and a receipt form is obtained, other- wise the letter and copy of the resolution is sent by registered mail, return receipt requested and affidavit of service. . 4. City Inspector and the Tax Assessor and Collector's office are sent co~ies of the resolution. 5. Contents of the permanent of the appeal: (Note: *Indicates material which may be present in all cases.) a. Appli cati on b. Plot Plan c. Denial Form d. Letter to City Inspector e. Sworn List of people notified f. Photostat of information from City Inspector g. Staff Report h. Letters pertaining to appeal* i. Petitions*' . j. Exhibits* k. Hearing records 1. Summary of proceedings at hearing (minutes) m. Executed copy of decision n. Copy' of letter to applicant notifying him of decision o. Receipt for Registered Mail p. Return Post Card for Registered Mail q. Copies of transmittal to C~ty Inspector and Tax Assessor-Collector, City of Lomax .. .~ ~;, "J-I' Ai , " , , ~':.. ~ o. .' e e e , , NOTICE OF APPEAL AND REQUEST FOR VARIANCE BOARD OF ADJUSTMENT, LOMAX, TEXAS 1. Applicant: (Please Print or Type) Name Address Interest in Property Phone 2. Owner: (Indicate if different from above.) Name Address Phone 3. Location: Street Address Between and and in a Street Street zone. 4. Corner Lot? Yes No 5. Legal Description:' (Include subdivision and lot number.) 6. Request for va~iance from the provisions of: , Section, Part, and Paragraph of the, Zonin g Ordinance.) 7. This is a request, for a variance relating to the: , Yard , Height Use Area , Parking, or Provisions of the ordinance. 8. State specifically the change(s) proposed and the reason(s) such change(s) are necessary: 9. Date Property was Acquired: 10. Explain wherein your case conforms to each of the following requirements: (Be complete.) A. That the strict applications of the provlslons of the Zoning Ordinance would result in practical difficulties or unnecessary hardships inconsistent with its general purpose and intent. B. That tihere are exceptional circumstances or conditions applicabl~ to the property involved, or to the intended use or development of the property, that do not apply generall~ to other propefty in the same zone or neighborhood. .r! .:~ ..., .. , ' '. . .. . . ~- ,r'- "..;. . .~,' 7,' . ., ,,~, .:1,: , . ,""'.~ .".,' ,,', .,.'. .I!, I'. ..::. :;j..' ~. , 'I' e e e e . -2- C. That granting of a variance will not be materially detrimental to the public welfare or injurious to the pro- perty or improvements in such zone or neighborhood in which the property is located. Answer if, your appeal is for a use variance: D. For use variance requests indicate why the property in question CANNOT yield a reasonable return if used ONLY for a purpose allowed in that zone. 11. Plot plan or drawing attached? Yes Signature of Applicant Date of Application No FOR BOARD USE ONLY DATE OF NOTICE fEE RECEIPT NO. DECISION OF BOARD DATE OF HEARING DATE OF DECISION . 4 ... , ' ,; .f: :1,,' .. . ' ',; . .. ." '. '" - .. '0:.' '4 ..... . ;\ . . . e " APPEAL fROM DECISION OF ADMINISTRATIVE OffICER BOARD Of ADJUSTMENT, LOMAX, TEXAS CITY HALL filed: Notified H~aring 19 19 19 NOTICE: This appeal must be typewritten, filed within days of the date of the order, accompanied by necessary data. NAMES AND ADDRESSES Appellant: Address: OWNER: Address: TO THE BOARD OF ADJUSTMENT: I hereby dated' situated at and known as appeal from the decision of the City Inspector, , 19 , Premises affected are Attached hereto is a copy of the decision rendered by the City Inspector of Lomax, Texas. Description of Existinq,or ,proposed Building: , ~ 1. Size of BU,ilding At street level: At typical floor Height: level: stories, feet front, feet front, fee t . feet deep. feet deep. 2. Occupancy (State use of each floor and number of persons on each floor.) 3. Building Zone District: Zone. 4. Date of Erection: 19 5. Character of Construction: ary brick, fireproof). (Frame, ordin- 6. Has any appeal or petition been filed hitherto on premises? If so, give date: 19 Attached hereto and made a part of this appeal, 1 submit the following: (Note: All of these papers must be submitted with the appeal.) , (a) , Copy of decision or order of administrative official on which appeal is based. (b) A typewritten statement of the principal points on which I base my appeal, with description of proposed work, if any. (c) ,sets of drawings of the structure, with the dimen- sionsand compass points, all on sheets inches by '" ' inch~s in size, illustrating ,cle&rly the points at issue. Letter of authorization from owner or lessee. ( d) (e) Copy of notice to the City Inspector that I have appealed. .;4., .,pr . ;i..", ::; .~. ~.."~( :~",,:,":'I , , . - ,". ". '. ..... . ~.. e. ... '. ,; .'-~'::""..:; :.,:,1: .' . . <'.~~ .:.,'.:' ~,'.:.:. ~.\:~; ;. '". '., .,~. . - . . ':'. ..~: _ 0;.. "I ::."~' ".;:,:. . . .f . . . .~.~. J. t.~ ~~. .~;~~ ~ .'~" :'I"~/ ,:'~:'~' ~~ '~f~~'~ .:....~~.: .:~.. . ,. e e e e . " -2- (f) List of property owners considered affected by this appeal, together with the maili~g address of each owner and the location of the property owned. AFFIDAVIT I hereby ,depose and say that all of the above statements and the statements contained in the papers submitted herewith are true. SIGNATURE INSTRUCTIONS Show on second page a diagram of entire lot with all exist- ing buildings indicated thereon and indicate location of struc- ture covered in this appeal. Below the plot plan show a sketch of the proposed structure; giving size and material of members and dimensions of the struc- ture. Signature of adjoining property owners should be secured when possible. Applications should be filed at least one month before the date of hearing. (To be filled in by Cit~ Inspector) Date Filed: , 19 ,Action Taken: .. ?$ 'Or' .. , " , if.'" "f. . . \ :":', .... 1__ ',. i ," ,.}' .; : . ~'.. . , ,_ _: I.. . .. - ",:: .'."1..' ::' . . ";1,.. ..... . ':: .... e . e e DECISION ON APPEAL FROM BUILDING OFFICIAL (CITY INSPECTOR) CITY OF LOMAX, TEXAS as of Lomax, Texas, as Zone, having heretofore made application to a Special Exception to the Zoning Ordinance be granted to use the present building as a located at the rear of premises known as a foot setback in lieu of from the (direction) property line and a foot rear yard in lieu of feet as required by the Zoning Ordinance of the City of Lomax, Texas, and the appeal coming on to be heard, after due and lawful notice to the parties in interest, before the Board of Adjustment on ,19 ,and said Board of Adjustment h~ving duly considered the matter, , as owner of the premises known and designated on Tax Maps of the City , w ti ch is in the City Inspector for so that permission may one-family residence, , to have feet ,IT IS, on this day of , 19 DECIDED AND DETERMINED 1. That the use of the remainder of the property as divided and as to which the appeal is filed, is prohibited by the Zoning Ordinance of the City of Lomax, Texas, except by permission of the Board of Adjustment. 2. That the premises which it is proposed to use as stated in the appeal filed is located in zone. 3. That the or~ginal application to the City Inspector and permit issued called for. 4. That the variance requested by the Appellant from the terms of the Zoning Ordinance would be contrary to the public interest, since the property is located in Zone, ~ lch requires a frontage of' feet, and an area of square feet, whereas this, the remaining portion of the original plot shown on Tax Maps of the City of Lomax, Texas, and which is known as will only have a frontage of feet and an area of approximately square feet. The Appellant did not prove a hardship if there was a lateral enforcement of the provisions of the Zoning Ordinance. The Board of Adjustment therefore denies the application of appeal. Board of Adjustment of the City of Lomax, Texas. Chairman, Board of Adjustment, Lomax, Texas Secretary, Board of Adjustment Lomax, T ex as . ~ ~ .,.r. . 'i e . e e INSTRUCTIONS APPEAL FOR VARIANCE A. ANSWER ALL QUESTIONS. Answers should be clear and contain all the necessary information. B. In answering Question 6, refer to the classification system in Zoning Ordinance and carry out this system to the extent that it ~s necessary to accurately define the item that you are appealing from. If you are appealing from more than one section of the ordinance, use the additional spaces provided. C. In answering Question 8, be specific and complete. In this and all other answers, if additional space is needed, you may use the back of the page, transposing the appropriate number. D. Question 10 refers to t~e required conditions that must be fulfilled by the applicant before a variance may be granted. Answer Sections A-C completely and fully. Answer Section 0 only if you are requesti~g a use variance. E. Submit this application in duplicate, retaining the third copy for the applicant's record. F. A plot plan or site plan must be submitted with each appli- cation. All plans must be submitted in, triplicate. G. A fee of for an area variance appeal must be sub- mitted with this application to cover the cost of the neces- sary investigative, filing, and processing procedures. Make checks payable to City Treasurer. :. ~ ..... . 'J" ',_' "-i.'.:. o.;,:~ .:.; 'f, ".':l ". " .~ ,,;: " .! ".r ~ " ,....,. . ;." .. ~. .. e . - e APPLICATION FOR VARIANCE Application No. Date Received Date Hearing Date Action Action To the Board of Adjustment A. Statement of Ownership and Interest The applicant(s) perty situated at the following address: (is) (are) the owner(s) of pro- \ The above-described property was acquired by applicant on B. Request The applicant requests the following variances: (EXAMPLE, Section Concerniflg Purpose from To front set- l5-a back reduction 35 feet 28 feet density- 20-B apartments reduction 100 sq. ft. 780 sq. ft. Section A. Paragraph 2, subsection 17 to waive the uses permitted in Residential l-c by permitting 3-family occupancy of subject property. Waiver of all provisions set forth on Denial of Certification or Building Permit as required to permit proposed construction, use, etc.) as shown on the attached plan draw~ to scale. C. Reasons for Request 1. The strict application of the prov1s10ns of the zoning ordinance would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of the zoning ordinance of the City of lomax, Texas. 2. The exceptional or extraordinary circumstances or conditions applying to the property involved or to the intended use or development of the property that do not apply generally to other properties or uses in the same zoning district or neighborhood are ' 3. The granting of such variance will not be a substantial detriment to the public interest or to the property or improvements in such district in which the variance is sought, and will not materially impair the purpose of the ~oning ordinance of the City of lomax, Texas because: Phone Signature of Applicant Mailing Address . Attorney (Jurat) . ~ '.... :, "" ' ;, t ',I '" I, .~ . ~'. .... , . . . e e e e , APPEAL NO. DATE 19 TO THE BOARD Of ADJUSTMENT Of LOMAX, TEXAS: I (we) Applicant) (Name of (Street and Number) (Municipality), (State), hereby appeal to the Board of Adjustment of Lomax, from the decision of the enforcement officer on Application Building permit No. dated , 19 whereby the enforcement officer did: Texas for () Grant () Deny to for permit) of (Municipality), (name of applicant (St. & No.) (State). \ ( ) ,Building Permit ( ) A Certificate of Compliance 1. (Location of the Property, Street, and Number or other identification, map.) . (Use district on zoning 2. Provision(s) of the. Zoning Ordinance appealed. (Indicate the Article, Section, Subsection, and Paragraph of the Zoning Ordinance being appealed ~y number. Do not quote the Ordinance) 3. Type of Appeal. Appeal is made herewith for: () An interpretation of the Zoning Ordinance or Zoni~g,Map. () A variance to the Zoning Ordinance or Zoning Map () Special use permit to the Zoning Ordinance or Zoning map 4. Previous Appeal. A previous appeal ( ) has, () has not been made with respect to this decision of the Enforcement Officer or with respect to this property. Such appea~(s) was (were) in the form of ( ) a requested interpretation, ( ) a request for variance, ( ) a request for a special use permit and was (were) made in Appeal No. , dated , 19 , and in Appeal No. , Dated , 19 , and in Appeal No. , 19 Dated 5. Reason for appeal. (Complete relevant blank. Use extra sheet if necessary. ) a. Interpretation of the Zoning Ordinance is requested because: b. A variance to the Zoning Ordinance is requested for these reasons: (All reasons must be answered.) (1) The property in question will not yield a reasonable return if developed within the requi~ements of the district within which' situated because: ~ .... w.... I'.: . . e . e e ~ -2- (2) The hardship created is unique and is not shared QY all properties alike in the immediate vicinity of the property and in this use district because: (3) The variance would not change the character of the district because: c. A special use permit to the quested pursuant to Article Subsection, Paragraph Ordinance because: Zoning Ordinance is re- , Section , of the Zoning Signature :. ~~ ..... . .., .. .t . ." l: " .' .'", , ' .. ' " ..... . . e e NOTICE or DECISION IN THE MATTER or THE APPEAL or residing at from the rejection of the City Inspector of a permit for the erection, alteration, maintenance of a on premises 'located at No. , Lot No. of a Subdivision in a District. PLEASE TAKE NOTICE that at a meeting of the Zoning Board (Board of Adjustment) of the Town of Lomax, Texas, held 19___, the appeal in the above matter was (sustained) (refused) and the application granted upon the following conditions: (de- nied for the following reasons): \ Chairman, Board of Adjustment Lomax, Texas MEMORANDUM or DECISION To: City Inspector, City of Lomax, Texas Re: Resolution of Board of Adjustment concerning the property situated at , Application No. adopted on .- rrom: Secretary Pursuant to Section of the Rules of Procedure of the Board of Adjustment, transmitted herewith is a copy of the resolution of the Board of Adjustment in the above matter, filed or rendered on , 19 Chairman Secretary . ~, ...... I. ., . . It ~ ' " .. : " , , . .'Of ,'.. ~::. .. . e e e ,. A RESOLUTION DENYING AN EXCEPTION AT APPLICATION NO. fILED BY WHEREAS, exception has of Adjustment property at Application No. been duly filed with the by , an appeal for an Secretary of the Board for the , described as follows: and WHEREAS, said application requests an exception under Article as amended, of the Zoning Ordinance to permit the ex- tension of the use of the ~remises at for auto ~ales to the rear portion thereof for a distance of not more than 50 feet beyond the north district boundary line of the Business A District dividing said premises, the affected area being the rear portion of premises known as and the' rights of ingress and egress to the rear portion thereof from WHEREAS, all members of the Board viewed the property on , and WHEREAS, after due notice a hearing was held by the Board on ,. at o'clock, in the City Hall, Lomax, Texas, to consider the application,' and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony recorded, and WHEREAS, all testimony has been carefully considered and the following pertinent facts noted: 1. The applicant's property in its entirety falls into the following three separate district classifications: a. is commercial b. is Residential B-1, and c. a narrow strip in between the above parcels, constituting the rear of ' is Local Business A. 2. The was generally reclassified from local Business A to its present Residential B-1 on 19___; said reclassification included the property at 3. The applicant purchased said property on at which time it was subject to the zoning requirements of a Residential District Class B-1. 4. The applicant's request for a Conditional Use to permit a parking lot on said premises was denied by the City Inspector on 5. The property the applicant for the pal use at premises. in question is presently being used by parking of cars incidental to the princi- and for ingress and egress to said 6. Said use appears to be a violation of which does not per~it a parking lot accessory to a commercial use in a Residential B-1 district. 7. Prosecution for said violation by the City Inspector has been stayed pending final determination of the p~~ent appli- cation. 'r ....,." ,'.,.. .... .". .T;"~' . :1:.. ". ~-;. :- " . .". ...:' 'I. .~ ..:/~;'- .:. . .:: "... . I ~ , ...., .::.... ., -.. . e e e -2- 8. Arti cle , Paragraph of the Zoning Ordinance reads as follows: as amended, "Where a district boundary line divides a lot in a single ownership, the Board may permit a use permitted in the less restricted district to ex- tend into the more restricted portion of the lot for a distance of not more than 50 feet or, in case of a lot running through to the next street, one half of the distance from the street front of the lot to the next street." 9. "Single Ownership" is further defined by Article as follows: "Possession wherein the owner does not own adjoining vacant property." 10. of the twenty-five (25) lots having frontage on the 1,000 Block of , twenty-two (22) are occupied by residential structures. 11. Said residential usage comprises approximately 75% of the total frontage along both sides of the Block of said street. 12. The depth of the block between and measured from north to south at the point of the applicant's property is approximatley 388 feet. 13. The Commercial zone has a depth of 250 feet as measured from north to south. 14. The Local Business A zone has a depth of approx. 31 feet as measured from north to south. ~5. The' lot in question has a depth of 107 feet as measured from , north to south. 16. The said three zones are contiguous. 17. The property in both the Local Business A and Com- mercial zones is being used for one principal activity. 18. The applicant I s' request is for an extension of the use of said property into the Residential B-1 zone for a distance of 50 feet. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjust- ment that Application , requesting an exception under Article , as amended, of the Zoning Ordinance to pwemir the extension of the use of the premises at for auto sales to the rear portion thereof for a distance of not more than 50 feet beyond the north district boundary line of the Business A District dividing said premises, the affected area being the rear portion of premises known as and the rights of ingress and egress to the rear portion thereof from be denied on the following grounds: 1. The property at constitutes vacant property, adjoining an~ distinct from the remaining co~tiguous parcels owned by the applicant. Therefore, the app11cant does not pos- sess a lot in single ownership as defined in Article . Thus, the applicant is' not entitled to the relief sought because Article , Paragraph as amended, requires that the applicant pos~ess a ",lot in single ownership." 2. furthermore, the Applicant would not be entitled to re- lief even if a "lot in single ownership" did exist, since the applicant's property would then constitute a "~ot ru~ning through to the next street" under the language of Art1cle ~ ' Para. . . '.. . - - .--. .. . . - ... , _ t' ~f.,_~.f_';', ". , . e e . . ~ -3- as amend~d, thus, at distance from the he is enjoying a mitted under said since the applicant's use of the premises already extends more than "one half of the street front of 'the lot to the next street," greater use of the property than would be per- Article , paragraph, as amended. 3. The granting of a right of ingress and egress over property within the more restricted zone as incidental to the extension of the principal use into the more restricted zone is not authorized by Article Zoning Ordinance. 4. To permit the extension of the use of the premises at into the rear of the premises at with a right of ingress and egress thereto from would adversely affect the residential character of the neighborhood and be contrary to the spirit and intent of the Zoning Rules and Regulations of the City of Lomax, Texas, and Adopted: by the following vote: Yes No \ Chairman, Board of Adjustment, Lomax, Texas Filed with the Secretary of the Board of Adjustment, Lomax, Texas, 19 . ,~ ~ '.' '~:.f -r: ' . ' ' " . e e e A RESOLUTION SETTING fORTH AN INTERPRETATION Of ARTICLE Of THE ZONING RULES & REGULATIONS Of THE CITY OF LOMAX, TEXAS WHEREAS, application No. , a request for an interpretation of Article of the Zoning Rules and Regulations of the City has been duly filed with the Secretary of the Board of Adjustment, and WHEREAS, said application requests an interpretation of Article to determine whether or not the application of brick veneer facing to the exterior of a nonconforming structu~e constitutes a permitted alteration within the language of said provision with specific reference to the property at , and WHEREAS, all members of the Board viewed the property on , and WHEREAS, after due notice a public hearing was held by the Board of Adjustment on , at p.m. in the City Hall to consider the application, and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded, and WHEREAS, all testimony has been carefully considered and the following pertin~nt facts noted: 1. Absent express language to the contrary the general rule is that a nonconforming structure may not be enlarged, ex- tended, or structurally altered. 2. The Zoning Ordinance permits the alteration, remodel- ing, or repairing of a nonconforming structure, but is silent as to extensions, enlargements, or structural alterations. 3. The application of " brick veneer facing to the exterior of a structure does not enlarge the interior dimen- sions or usable spa ce thereof, although technically it extends the exterior of said structure. 4. The application of brick veneer facing does not involve the use of structural members for support of a roof or wa11,but only such materials as are necessary to adhere the brick facing to existing walls to which it is ~pplied. 5. The Zoning Ordinance requires a minimum four (4) foot side yard for all residential structures. 6. The applicant's structure is nonconforming in that the average depth of the westerly side yard is 3.35 feet. 7. The inherent dimensional characteristics of brick veneer, shingles, aluminum clapboard and other siding materials are such that the exterior dimensions of any structure would be extended by their application. NOW, THEREfORE, BE IT RESOLVED by the Board of Adjustment that Application requesting an interpre- tation of to determine w~ether or not the application of "brick veneer facing to the exterior of a nonconforming structure con- stitutes a permitted alteration within the language of said pro- vision is hereby answered in the affirmative on the following grounds: .. .- ':1 . ". ~ . ... , , ~. '., . '...... - ~. . ~: . . "'.;j', "I. .;.. '". ~. -.._.... , " l' .' e, e . e -2- 1. Application of brick veneer facing does not constitute a structural alteration. 2. The extension of the exterior dimensions of a structure resulting from the application of " brick veneer facing is so negligible as not to be within the purview of the general rule prohibiting the extension of nonconforming structures. 3. The benefits derived to a neighborhood from maintenance and improvements of property are of such magnitude as to be in- consistent with the adoption of a policy prohibiting the resid- ing of nonconforming structures. Adapted by the following vote: Yes , No Chairman Board of Adjustment Lomax, Texas Filed with the Secretary of the Board of Adjustment on 19 . :.. ,rI . "- .. -..--..... _ . ;.: .." .'. . .... "., .' ."..'.' --, , ;-. . . - '. ,- --. ......f. '. .." . i "0, . '" : ~ ;-;.\:;...;.. ._~':_.i.:.' ~'.~r':': ..:.~ _'~ ::'~~!~~!"':: .."....". - , .... . ,I,.: