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Home My WebLink AboutO-2006-1501-A5 non-conforming lots of record REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Reqnested: Ma~~006 Requested By: Wayne S~~ (' Department: Planning: Appropriation: N/A Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: Report: Resolution: X Ordinance: Exhibits: Staff Report to P&Z Ordinance 1501--- Amendment to Ord. SUMMARY & RECOMMENDATION City Council directed staff to review, assess and make recommendations pertaining to the issue of Nonconforming Lots of Record, Section 106-268 of the Code of Ordinances. Staff analyzed the relevant sections of the ordinance and discussed at the Council Retreat on January 30, 2006. The process to be followed by Section 106-268 (Nonconforming Lots of Record) is as follows: . Any change in use or occupancy triggers a review of the lot's nonconformity by the Planning Director. . Planning Director reviews the use of the lot for issues of conformity and directs changes and/or modification. . Decisions of the Planning Director are subject to appeal to the Zoning Board of Adjustment. . Nonconforming lots of record may continue without change in boundaries. . Nonconforming lots of record may be used provided that uses are authorized. . No change in use or occupancy unless reviewed by the Planning Director and subject to appeal to ZBOA. In fact, the intent of this section was to include a change in "owner, tenant and/or occupant", as well as the above stated change in use or occupancy. This change may allow the City an opportunity to address issues arising from nonconforming lots of record with a change of individuals. The Planning and Zoning Commission, at the April 20, 2006 meeting, held a public hearing to consider this amendment and recommended Council to add "tenant and/or occupant" to the Section 106-268 of the ordinance. Action Required bv Council: I. Conduct a Public Hearing 2. Approve an ordinance amending Chapter 106 (Zoning) to amend Section 106-268 of the Code of Ordinances. Approved for Citv Council A2:enda ;' 5'-- - ~ - fJ {,a- Date Staff Report April 20, 2006 Nonconforming Lots of Record Background: Section 106-261 of the City's zoning code states that the general public, the Planning and Zoning Commission and the Zoning Board of Adjustment have been 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. Section 106-268 regarding nonconforming lots of record states that 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 zoning regulations, taking into account the particular restraints imposed by the degree of nonconformity. The Director's review shall include, but not be limited to parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirements as imposed by zoning and development regulations. Decisions of the Planning Director pursuant to these provisions are subject to appeal to the Zoning Board of Adjustment. The original intent of this section was to include a change in "owner, tenant, or occupant" as well as the stated change in business use or occupancy. This change allows the City an opportunity to address issues arising from nonconforming lots of record with a change of individuals. ConclusionlRecommendation: There may exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was passed, but which would be prohibited, regulated, or restricted under the terms of the zoning ordinance. In addition, it is the intent of this ordinance to permit those nonconformities to continue until they are removed but not enlarged upon, expanded or extended. Staff recommends an amendment that adds the term "Tenant" to Section 106-268 (Exhibit B). Actions available to the Commission are as follows: · Recommend to Council approval of this amendment. · Recommend to Council approval of this amendment with additional stipulations. · Recommend to Council denial of this amendment OR Continue discussion at the Commission's next meeting to allow further study of item. ORDINANCE NO. 1501-~ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, ARTICLE II "ADMINISTRATION", DIVISION 9 "NONCONFORMING BUILDINGS, STRUCTURES, AND USES", SECTION 106-268, "NONCONFORMING LOTS OF RECORD", BY MODIFYING SECTION 106-268(a) TO INCLUDE A CHANGE IN TENANT AND/OR OCCUPANT TO INITIATE A REVIEW OF NONCONFORMING LOTS OF RECORD WITHIN THE ZONING DISTRICTS OF THE CITY OF LA PORTE, BY CITY STAFF; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 20th day of April 2006, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible changes to Chapter 106 of the Code of Ordinances, the zoning Ordinance of the City of La Porte. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing. Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. Section 3. Immediately following such public hearing on April 20, 2006, the Planning and Zoning Commission of the City of La Porte met in regular session to consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated April 21, 2006, a true ORDINANCE NO. 1501-K Page 2 copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed changes to the ordinance and the recommendation of the Planning and Zoning Commission on the 8thday of May, 2006, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible changes to the Ordinance. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission regarding the amendments to the zoning ordinance to read as shown on Exhibit "F", attached hereto and fully incorporated in this ordinance as if set forth herein verbatim. Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the ORDINANCE NO. 1501-~ Page 3 City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the ~ day o~. 2006. CITY OF LA PORTE By: ~LY~ ALTON PORTER, Mayor ATTEST: By: '0YIhdtl&Mjj} MARTHA GILLETT, ity ecretary APPROVED: By: J' ~7.~ At~~y THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 20th day of April, 2006, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider following amendments to the Zoning Ordinance of the City of La Porte: i) Parking of Accessory Equipments (Boats/R V s) in the residential districts, Section 106- 741(h), Section 106-834(g), and Section 106-837(6) of the Ordinances. ii) Nonconforming Lots of Record, Section 106-268. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC City Secretary A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTICIPA TE IN DISCUSSIONS DURING THIS MEETING" HOWEVER, NO ACT/ON WILL BE TAKEN BY COUNCIL. ' THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODA TIONS FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION. ~91T A . i CITY OF LA PORTE QUESTS FOR ACC01V1 THE STATE OF TEXAS MOOATlONS FOR !N TERPRETIVE SERVICES AT MEETINQS SHOULD BE MADE 48 HOURS PRIOR TO THE .MEET. ING. PLEAsE CONTACT 1 THE CITY SECRETARY'S NOTICE OF PUBLIC OFFICE AT 281.471.5020 HEARING OR TOO LINE 281-471- 5030 FOR FURTHER IN- ,In accordance with the FORMATION, prOVisions ofSeclion 106- : 171. of the Code of Ordi- nances of" the City of La i Porte, and the provisions ...... ..... of the Texas Local Gov. ernment Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 2.Oth day of April. f La Porte 2006, In the ... . cil CIl. .amber~f. Ci all, .y' of Harris 604~stPark- way. 0, T . The of Texas pulp f is hearing is to . 'con 'dfollowing amendments to the Zoning h d' d h' h' d d OrdinanceoftheCityofL,a ~ me, t e un erslgne aut onty, on t IS ate came an Porte; . lred Karolyn Kellogg, a duly authorized representative of The I) Parkin~ bfAccessory.l,ore ~un, a s~mi-weekly newspap~r published and generally i~q~mr:~:en~:f~~~~~~lut~d In the City of La Porte, Harns Cou~ty, Texas a.nd who Section 1 06-741 (h), Sec- Delng duly sworn, swears the attached notice was published in ::~~ 19:~:;ig;'or:es~~~ ~ayshore Sun dated () '-I / (),;) / ~oo b ~~~~fl/ ,) . A regular meeting of the . Planning and Zoning Com- ~sJ:i~lIf~~~~m~ {n Kellogg of acting upon the public hearing items and to con- . duct other matters pertain- ing to thEi Commission. j. .... COUNTY OF HARRIS 281-471-1234 Fax 281-471-5763 ~ J Citizens wishing 'to. ad- dress the CommiSSion pro d or con during the Public' an ..I-!ea~ng Will be required toJ Slgn,n belore the. meeting is CC}I1\1lmed. subscribed before me this ,2006. d y,+I day of . . .. CITY OF LA POATE - Martha Gillett, TAMC City Secretary . '~A-, ~~ I a E. Bumgarner I Public ; County, Texas My Commission Exprires April 30, 2006 ~HU3.n B City of La Porte Established 1892 April 21, 2006 Hon. Mayor Alton Porter and City Council City of La Porte Re: Zoning Ordinance Amendment - Nonconforming Lots of Record Dear Mayor Porter: The La Porte Planning and Zoning Commission, during a regular meeting on April 20, 2006, held a public hearing to consider an amendment to the Zoning Ordinance, Section 106-268, paragraph (a) to include "tenant or occupant" for continuance of nonconforming lots of record within the zoning districts of the City of La Porte. The purpose is to ensure maximum compliance with zoning regulations, taking into account the particular restraints imposed by the degree of nonconformity. After consideration, the Planning and Zoning Commission, by unanimous vote, recommends approval of the stated Zoning Ordinance amendment. Respectfully Submitted, ~~~ Chairperson, Planning and Zoning Commission c: Debra Feazelle, City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission tyA~ b;i ~ 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 8th day of May, 2006, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider following amendments to the Zoning Ordinance of the City of La Porte: i) Parking of BoatslRVs in the residential districts, Section 106-741(h), Section 106- 834(g), and Section 106-837(6) of the Ordinances. ii) Nonconforming Lots of Record, Section 106-268. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC City Secretary THIS FACILITY HAS DISABILITY ACCOMMODA TIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION. ~H:181T D rHE STATE OF TEXAS ~ COUNTY OF HARRIS CITY OF LA PORTE S. 8th Street te, Texas 77571 281-471-1234 Fax 281-471-5763 NOTICE OF PUBLIC HEARING In accordance with the h P.fOVl'S.ions of See tion 10.6- 171 of the Code of Ord i. e nances of the City of La Porte, and the provisions of the Texas LoCal Gov~ emment Code, notice is hereby given that the La Porte City Council will con- duct a public hearing at 6:00 P.M. on the 8th day of May, 2006, in the Coun- , cil 'Chambers of the City Hall,604 W€l~.f.airfl1()nt Parkway, La Pqrte, Texas. The purpose of this hear- ing is to consider follOWing amendrri,ents to the Zoning i Ordinance qf the City of La I Porte:. I '. me, the undersigned authority, on this date came and \ } \' ~ led Karolyn Kellogg, a duly authorized representative of The '~:a7e1~~ I < ,5 s, ~re Sun, a semi-weekly newspaper published and generally Section 106- . See- Ited in the City of La Porte Harris County Texas and who non 106-834(g. arid Sec- " ti?O 106-837(6) of the Or- ~ing duly sworn, swears the attached notice was published in dlOances. !. h S d d JI lc9. /. b .. ..ys ore un ate 0 T Ii 3 ;lo.d . ~'~0. , ~...: :,::;':".-':~'" ,:/'::_'-',":, :-::":':',.',"- . - -,' ..; c nl'~"'<il<>!>ot.n t ~ ~Efft1;~~!2r~ :POS<lOfactingU"""""'1 Kellogg . . - ... public hearing it~ms arid to. < coooLlct other mattersperc :1 . tail'liDtJtc) 1he CoLlnpIL\ ...... B 're SUD La Porte I of Harris ?f Texas I"':., citizevs;~$hirg ,,'to ,>ad- dress, t~e ... C(>Ll"sllprO,,()r :concdurypgi th~.'.Public' Heali~gV!riHbe. requlf~d to, and sign in before the m~tingi[f is qonverted. . . .." .",... subscribed before me this ,2006. r1 f -,-tl day of : '~",\ -'. '< crtv OF LAPOR,.!:; Mar1t1EiGillett. 'TRMC . City Se~re.~Tyi . ...~~.~ , ; -.: "':~" ,-':;:>':*i-(;J~'*_;:::?;;,:., THISfA91L1TYH/3.S. DIS~i E B ABILity i:i4PQq,MMq047 , . U mgarner gB~3f~~1J~B'iic&g~:Public MODATIONS;FOR,IN"ounty Texas TERPflETIVE. SERVICES ' , AT MEETINGS SHOULD BE . MADE ...48 HOURS PRIOR.. TO ,THE MEET- ING.PLEASE CONTACT " . THECITYSECRETARY'SlmISslon Expnres OFFICE AT 281-471-5020 OR, TOO LINE 281-471- 5030 FOR FURTHER IN- FORMATION. April 30, 2006 .:J(HIBIT ~ LA ZONING ~ 106-268 e. Lack of substantial compliance with applicable city codes and ordinances; f. Police reports on alleged criminal activity associated with the nonconforming use; or 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 V.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 as well as "tenant and/or occupant" 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, S 5(exh. D), 2-9-98) Supp. No.1 CDI06:40.5 t ~ l~..\' Y