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HomeMy WebLinkAbout1996-11-20 Workshop Meeting NOTE TO MINUTES FILE • SPECIAL CALLED WORKSHOP MEETING OF LA PORTS CITY COUNCIL TO BE HELD NOVEMBER 20, 1996, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTS, TEXAS, BEGINNING AT 6:00 P.M. THERE ARE NO WRITTEN MINUTES ON WORKSHOP MEETINGS COUNCIL RETIRED INTO EXECUTIVE SESSION AT 7:36 P.M. UNDER A.) SECTION 551.072 - (REAL PROPERTY), RECEIVE REPORT FROM CITY MANAGER ON HOTEL PROJECT. COUNCIL RETURNED TO THE TABLE AND RECONVENED THE MEETING AT 8:33 P.M., WITH NO ACTION TAKEN. THE MEETING ADJOURNED AT 8:34 P.M. • • S-ve~ CITY OF LA PORTE November 13,1996 TO: Mayor and City Council FROM: Robert T. Herrera, City Manager ~~~~ SUBJECT: Workshop Meeting -November 20,1996 Wednesday, November 20,1996, we have scheduled a workshop meeting to discuss a proposed revision to the City's Zoning Ordinance #1501, which deals with non- conforming structures. Keep in mind that staff is recommending formal action not be taken until the December 16, 1996, meeting. We also hope to provide an Executive Session to introduce Benchmark Hospitality Corporation representatives to you. My thoughts are that we begin the workshop at the regular time of 6:00 pm to discuss non-conforming uses for 1 i/z hours. If Council is not finished in that time frame, I thought we would table this issue and schedule another workshop meeting before December 16. By setting the 11/z hour time limit, I believe Council will be able to focus on the hotel presentation. If this schedule does not meet with your wishes, please let me know and I will cancel the hotel presentation. RTH:cjb Attachments 1. Workshop meeting agenda 2. Memo from Councilmember Guy Sutherland 3. Agenda Request from November 11, 1996, City Council meeting 4. Letter from Betty Waters, Planning and Zoning Commission Chair 5. Executive Summary of Non-conforming Structures and Uses 6. Article 4 of Zoning Ordinance # 1501 • • AGENDA SPECIAL CALLED WORKSHOP MEETING OF LA PORTS CITY COUNCIL TO BE HELD NOVEMBER 20, 1996, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTS, TEXAS, BEGINNING AT 6:00 P.M. 1. CALL TO ORDER 2. DISCUSS NON-CONFORMING STRUCTURES AND USES WITHIN THE CITY OF LA PORTS 3. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SECTION 551.072 -(REAL PROPERTY) RECEIVE REPORT FROM CITY MANAGER ON HOTEL PROJECT 4. ADJOURNMENT If during the course of the meeting covered by this agenda the Council should determine that a closed or executive meeting or session of the Council should be held or is required in relation to an item noticed in this agenda, then such closed or executive meeting or sessions authorized by the Open Meetings Law, Chapter 551, Texas Government Code; will beheld by the Council at that date, hour and place given in the meeting notice or as soon after the commencement of the meeting covered by the meeting notice as the Council may conveniently meet in such closed or executive meeting or session concerning any and all subjects and for any and all purposes permitted by Sections 551.071 through 551.076, and Section 551.084, of said Open Meetings Law, including, but not limited to: Section 551.071 - For the purpose of a private consultation with the Council's attorney on any subject or matter authorized by law. Section 551.072 - For the purpose of deliberating the purchase, exchange, lease or value of real property. Section 551.073 - For the purpose of deliberating a negotiated contract for a prospective gift or donation to the City. Section 551.074 - For the purpose of deliberating the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee, unless the officer or employee requests a public hearing. • • Section 551.075 - For the purpose of conferring with an employee or employees of the City, only for the purpose of receiving information from the employee or employees or to ask questions of the employee or employees; provided, however, that no discussion of public business or City policy that affects public business shall take place between the members of the City Council during the conference. Section 551.076 To consider the deployment, or specific occasions for implementation, of security personnel or devices. Section 551.084 - For the purpose of excluding a witness from a hearing during the examination of another witness in an investigation. • • CITY OF ~A PHOtvE (71 3) 471.5020 • P. O. Box 1 1 i 5 Date: November 11, 1996 To: 11~Iayor & Council From: Guy Sutherland Re: Zoning PORTS • LA PORTS. TEXnS 77572 I looked at the location of each of the properties listed on the list recently sent to us by Bob Herrera and have the following comments on those in or near my District. 1241 Underwood. Belmont is surrounded by commercial ente~mses both on the LaPorte and Deer Park side of Underwood. We need to acknowledge that fact by zoning it commercial. Zackery is adjacent and shows the same on my map. 3900 Underwood. AAA Pipe Cleaning has a well built, neat commercial facility on a four lane street where we should be encouraging this type of facility to locate. It should be rezoned commercial. 9102 Spencer. This tenant is now Petrochem Refrigeration Corporation and the location on a siZ lane road and drainage dich cleazly qualifies it to be rezoned commercial. 10001 & 10003 Spencer. LaPetite and 2 Cajuns aze two more commercial locations on a main traffic artery. Let's advertise that we want more businesses by rezoning them commercial. I suggest that we see what P&Z thinks about these. • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 11, 1996 Requested By:_ Guy Rankin Department:_ Planning X Report Resolution Ordinance Exhibits: 1. Executive Summary of Current and Proposed Provisions for Non-Conforming Uses, Structures, and Lots. 2. Proposed Amendments to the Zoning Ordinance (Article Four) 3. Letter of Recommendation from Planning and Zoning Commission SUMMARY & RECOMMENDATION Summarv The Planning & Zoning Commission, during its May 16, 1996 meeting, held a public hearing to receive citizen comment regarding a proposed amendment to the City's Zoning Ordinance regarding a zone change request for Block 64; Lots 17-32; Town of La Porte. The applicant requested the expansion of apre-existing, non-conforming use. The Planning and Zoning Commission recommended against the expansion of the non-conforming use and City Council upheld the recommendation of the Planning and Zoning Commission. However, the City Council suggested the Planning and Zoning- Commission review our procedures on how we should handle non-conforming structures, uses, and lots of record in the future. Since the initial charge to review the Non-Conforming section of the Zoning Ordinance for possible recommendations to the City Council, the Planning and Zoning Commission has held at least four meetings regarding the subject. After a comprehensive review by the Commission, a public hearing was held during the regular scheduled meeting, October 17, 1996, to receive citizen comment regarding the proposed changes to the Ordinance. The Planning & Zoning Commission recommended changes to the Zoning Ordinance. Recommendation The Planning & Zoning Commission has recommended approval of the proposed amendment. Action Required by Council: 1. Conduct a public hearing. 2. Report Only. Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO ~ L ~ ~ ~~,,_ yii~l/~O ~~'' ~ a ~~ i/ii, _,//~ m ~~ty O~ ~c~ ~fl~~~ U ~~, '; ~~~~~ ::5 ~~_`~ Established 1 g9Z ~.ri~ _:~ ~ `X ~~ L~ TE~CAg November 1, 1996 Honorable Mayor Norman Malone and City Council City of La Porte Re: Non-Conforming Buildings, Structures, Uses, and Lots of Record Dear Mayor Malone: The La Porte Planning and Zoning Commission, during its October 17, 1996, meeting, held a public hearing do consider a proposed amendment to the City's Zoning Ordinance regarding Non-Conforming Buildings, Structures, Uses, and Lots of Record; Sections 4-200 and 4-300. The Planning and Zoning Commission has, by a unanimous vote, recommended that City Council consider approving this amendment to the Zoning Ordinance. Respectfully Submitted, f ~~ ,/` Betty T. Waters Chairman, Planning and Zoning Commission c: Robert T. Herrera, City Manager John Jcerns, Assistant City Manager Jvhn Armstrong, Assistant Ciry Attorney La Porte Planning and Zoning Commission Members l'.~~. Bc~x l I l ~ L.i !'~~rte. Texas . i 57'_-! 1 1 ~ l7 (i) ~7l -~~ZQ • CURRENT ZONING ORDINANCE 1501 PROVISIONS FOR NON-CONFORMING USES. STRUCTURES AND LOTS OF RECORD Summary of Ordinance 1501 Section 4-200 Which Sets Forth the Policy of La Porte to Eliminate Non-conformity • Non-conforming structures: • May continue, but may not be enlarged. May be repaired, but not structurally altered. • After unoccupied for 180 days, abandonment occurs and structure may not be reoccupied unless in conformance with codes and ordinances. • If destroyed more than 50%, may not be repaired or replaced. • The Zoning Board of Adjustment hears all appeals relative to conformity, alteration or repair, abandonment, or destruction ofnon-conforming structures. Non-conforming Uses: • May continue, but may not be enlarged or changed. • After abandonment for 90 days, may not be resumed. The Zoning Board of Adjustment hears all appeals relating to abandonment of non-conforming uses. • Non-conforming Lots of Record: • May continue, but no new development may occur unless in conformance with Zoning Ordinance. . PROPOSED ORDINANCE 1501 PROVISIONS FOR NON-CONFORMING USES STRUCTURES AND LOTS OF RECORD Summary of Proposed Changes to Ordinance 1501 Relating to Non-Conforming Structures and Uses Section 4-201: Non-Conforming Structures • All non-conforming structures may continue, subject to abandonment or destruction rules as set forth above. A structure that is non-conforming may be remodeled or improved, but not enlarged, without Board of Adjustment review and approval of a schedule for elimination or substantial reduction of the non- conformity. Section 4-202: Non-Conforming Uses • All non-conforming uses may continue subject to abandonment rules as set forth above and subject to the provisions relating to amortization of non-conforming uses (Section 4-205). Section 4-203: Notfication of Non-Conforming Use Status • The Planning Director shall notify all known owners and occupants of pre-existing non-conforming uses and advise of exemption, amortization, and termination procedures. • Section 4-204• Application for Exemption from Amortization Requirement • Owners or occupants of non-conforming uses may apply to the Board of Adjustment for an exemption from the amortization and termination requirements of Section 4-205. The grounds for exemption shall be that the non-conforming use has no adverse impact on allowed land uses in the district or can be made compatible by complying with specified conditions. An exemption granted by the board may include a specfic term or conditions to ensure reasonable compatibility. Said exemption could later be revoked through a similar hearing process (Section 4-206). Failure to apply for an exemption requires the Board of Adjustment to establish an amortization schedule. Section 4-205: Amortization and Termination • The Board of Adjustment shall hold Public Hearings to establish an amortization period for non-complying uses. Unless an exemption is granted, all non- conforming uses terminate at the end of the amortization period (a set time frame, not to exceed 30 years). Section 4-206: Revocation of Non-Conforming Use Status • Any one of the following situations could initiate a Board of Adjustment action on apre-existing non-conforming use. If the Planning Director, surrounding property owners, or the Zoning Board of Adjustment believe that anon-confirming use materially interferes with implementation of the Zoning Ordinance, a hearing may be held to consider limitation or revocation of the non-conforming use. Reasons for revocation could be: too much noise, emission of odors, too much traffic generated, improper hours of operation, lack of compliance with previously issued exemptions, City Codes or Ordinances, criminal activity, or other similar factors. A residential use that is non-conforming in the particular district in which such use is located shall not be subject to revocation. Section 4-500: Termination of Liquor Sale Establishments etc • All bars, lounges, taverns or other liquor sales establishments shall lose conforming status on expiration of their current liquor license, unless they are located in a General Commercial or Industrial Zone. Miscellaneous Notes • Structures that are accessory to anon-conforming use shall not continue after the non-complying use has terminated, unless it complies with zoning district regulations (Section 4-200). • Decisions by City and by Board of Adjustment may be appealed in accordance with Section 211.011 of the Texas Local Government Code (Section 4-204 (c) and Section 4-206 (g)). • There were no proposed changes to Section 4-300 non-conforming lots of record. • Structures are not subject to tear-down by the City, unless pursuant to City of La Porte Dangerous Building Procedures. • ARTICLE FOUR: GENERAL PROVISIONS Section 4 - 100 Certified Site Plan Required Any person desiring to improve property shall submit to the Enforcing Officer a certified site plan of said premises and information on the location and dimensions of existing and proposed buildings and parking lots, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to this Ordinance. a. In the case of residential construction, a certified site plan shall not be required when: 1) Said residential construction is only for an accessory building of less than 200 square feet; or 2) Said construction is on lots or tracts that have been surveyed by a registered surveyor, and have all property corners permanently marked and visible. Section 4 - 101 No development shall occur upon land designated as a conservation area, unless a waiver is obtained from the City Council of the City of La Porte pursuant to the provisions of Section 12.07 of the Development Ordinance of the City of La' Porte. Section 4 - 102 All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and in accordance with the adopted thoroughfare plan of the City of La Porte. Section 4 - 103 Except in the case of apartment or condominium developments, industrial developments and Planned Unit Developments, as provided for in this Ordinance, not more than one (1) principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning; in case of doubt or on any question of interpretation the decision of the Enforcement Officer shall be final, subject to the right of appeal to the Board of Adjustment. Section 4 -104 On a through lot within residential districts (a lot fronting on two (2) substantially parallel streets), the rear lot line shall be defined as the major street, where access is prohibited, and the minimum rear yard setback shall be twenty feet (20') for applying the yard and parking regulations of this Ordinance. - 28 - Section 4 - 105 Except in a planned unit development, no building shall be located closer than ten (10) feet from any existing or proposed street right-of-way. Section 4 - 200 Non-Conforming Buildings Structures and Uses The general public, the Planning Commission and the Board are directed to take note that non-conformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when necessary to preserve property rights, specific structures, lots, or uses established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the Planning Commission and the Board to assist the City Council in achieving this goal by advising the City Council of their recommendations thereon. As necessary, the City Council may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non-conforming use within the City. A use. that conforms to the zoning regulations on ,the effective'`. date of this Zoning Ordinance atthe`time'of initial development of the.' sate shall not' subsequently be deemed a non-conforming use solely' because theadjoining use changes to 'a residential use classifcaton_ 1. Accessory Use_of'Structure. No structure ..that `is accessory to a principal non-canforming~use or a non-complying development shall ''not continue afte-r .such` principal use' or structure has been terminated,. removed or otherwise.:..brought'intocompliance, unless it complies with all of the regulations of the'dstrict'~n which it is located. Section 4 - 201 Non-Conforming Structures 1. Limitation on Regulation No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a non-conforming structure solely for a failure to comply with provisions relating to Section 10 Special Regulations, of this Ordinance. 2. Continuance of Non-Conforming Structures Subject to all limitations herein set forth, any non-conforming structure may be occupied and operated and maintained in a state of good repair, but no non-conforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions herein established - 29 - • • for structures in the district in which the non-conforming structure is located. The provisions of Section 4-201(6) and Section 11-605(2) of this Ordinance are also applicable, and shall be followed. 3. Accidental Damage to Structure If a building occupied by non-conforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform with provisions herein. In the case of partial destruction by fire or other causes, not exceeding fifty percent (50%) of its value, as determined by a licensed appraiser, the Enforcing Officer may issue a permit for reconstruction. If greater than fifty percent (50%) and less than total, the Board may grant as a special exception a permit for repair but not for enlargement or reconstruction of the building. 4. Obsolescence of Structure The right to operate and maintain any non-conforming structure shall terminate and shall cease to exist whenever the non-conforming structure becomes obsolete or sub-standard under any applicable ordinance of the City and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty percent (50%) of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the Enforcing Officer determines that such structure is obsolete or sub-standard. The burden of proof in showing that the structure's repair cost does not exceed fifty percent (50%) of the replacement cost of such structure rests upon the owner of such structure. 5. Determination of Replacement Cost In determining the replacement cost of any non-conforming structure there shall not be included therein the cost of land or any factors other than the non-conforming structure itself. 6. Retiairs and Alterations Repairs and alterations may be made to a non-conforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the non-conforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. T. 'Enlargement to'Non-complying-Structure. A structure that is .non 'conforming may be altered, remodeled. or" otherwise improved, but not ...:...enlarged., unless the. Board of - 30 - • Adjustment determines that such enlargement will .not result in an increase in the degree of nonconformity with:: the regulations and development ..standards of the district in which t_is located. ('a) Submission "of Schedule to Eliminate Non-compliances. The applicant shall present to the Board of Adjustment a schedule for elimination or"substantial reduction of the nonconformity .over a reasonable_ ,period " of -time 'not to exceed 30' years, or setting.`forth: the 'reasons why such action i not reasonably possible.- {b) Approval of Schedule by Board of Adjustment ._ The Board: of Adjustment shall _revew and `approve the 'proposed` schedule subject to- such-revisions to the '''schedule as'` deemed :'necessary to ensure that priority is given to' elimination or reduction of those non-compliances '.that. have significant adverse impacts on surrounding properties, and which can~° reasonably be complied with' taking into account the effect of the configuration of '' the Iot and `'the 'location of existing structures or the cost' of eliminating' or substantially reducing such: _-_ noncompliances: 8. Abandonment of Non-Conforming Structures A non-conforming structure, when abandoned, shall not resume. A non-conforming structure is abandoned when the structure ceases to be used for a period of one hundred eighty (180) consecutive calendar days, and it is determined that an intent to abandon the non-conforming structure occurred as evidenced by an overt act or a failure to act on the part of the non-conforming structure's landowner or his occupant. Whether or not anon-conforming structure has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming structure shall have the burden of proving to the Board of Adjustment that the structure has not been vacated or used for a period of one hundred eighty (180) consecutive calendar days, and/or that the owner or his representative did not intend to abandon the non-conforming structure during the period of cessation of use of the non-conforming structure. Section 4 - 202 Non-Conforming Uses 1. Continuance of Non-Conforming Uses Subject to the provisions -of ..this Ordinance relating to amortization of non-conforming uses, any non-conforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the - 31 - • • non-conforming use on the effective date of any amendment by which the use became non- conforming, but such land or floor area shall not be increased, except that such limitation shall not apply for farming uses. 2. Chancrinct a Non-Conforming Use Any non-conforming use may be changed to a use conforming with the regulations herein established for the district in which the non-conforming use was located; provided however, that a non- conforming use so changed shall not thereafter be changed back to a non-conforming use. 3. Abandonment of Non-Conforming Use A non-conforming use, when abandoned, shall not resume. A non- conforming use is abandoned when land used for an established non-conforming use ceases to be used for a period of ninety (90) consecutive calendar days, and it is determined that an intent to abandon the non-conforming use occurred, as evidenced by an overt act or a failure to act on the part of the non- conforming use landowner or his occupant. Whether or not a non-conforming use has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming use shall have the burden of proving to the Board of Adjustment that the use has not been discontinued for a period of ninety (90) consecutive calendar days, and/or that the owner or his representative did not intend to abandon the non-conforming use during the period of cessation of use of the non-conforming use. Section 4'- 20'3 Notification of_Non-conforming Use Status=' The Planning Director .shall mail wri ten notice; prior to or concurrently with the notice .of public hearing pursuant to 4'-.205,.. to all persons having an interest in'the property as shown by the tax rolls--of the .City of La Porte where the .property is locatedand to_the. occupant-of each non-conforming use in the City of La Porte by regular...-: and ;by certified mail, return` receipt requested..The notice shall state that the use is subject to amortization and shall specfy_the procedures- for obtaining'`an exemption from. the amortization and' ......... ... termination .requirements of 4 - 204: and 4 -_2 OS. - 32 - LJ Section 4 - 204' Application for Exemption from Amortization Requirement (a) ,:Ppp-lieation Requirements . An owner or qualified applicant of a non-conforming use may seek an 'exemption from the amortization and termination.' requirements of 4 - 205. The grounds for such exemption shall be that the non-conforming :use has_ no adverse. impact upon 'allowed. land uses in the district in which it is':' located 'or can be made'compatble with such use upon` compliance with specified conditions. Such owner or_ qualified applicant shall submit', an application to ''the' Planning Director, on a form -provided by the Planning' Director, no less than TO working _days 'prior to the 'date scheduled for the public ',hearing being.: conducted pursuant to 4 - 205. (bJ Board Review-and Decision. The Board of .Adjustment shall _hold the public hearing _: pursuant 'to 4 - 205, following the ':procedures. for hearings' established in 11 - 604 of the Zoning Ordinance; .and 'shall consider the. application for an exemption from :the amortization and 'termination ..requirements 'of 4 - '205. The- owner or qualified 'applicant shall.'-have the burden of proving '..the grounds. for the exemption. Upon conclusion of the hearing, if the .Board. of Adjustment :finds :ahat the use' of the property has no material adverse impact upon=.the,_land= uses :permitted in. the ''district 'in which it'_is Located or can' be made reasonably compatible' with such uses through thee.- imposition of specified -conditions, it shalt, by motion, exempt the -non-.conforming use .from >the 'amortization and- termination requirements' of 4' - 205, ,'and impose such conditions as it finds necessary` to ensure reasonable compatib ity, including, but not limited to:_{i) required improvement of,-or modifications to, existing-``improvements- on the .property; or (ii) limitations on hours or nature of operations; and (iii} a specified .term of years.. for `which: the exemption shall be granted..> Tf the Board of: Ada ustment does not .'..authorize ' an exemption from the amortization and termination requirements of 4 2.0:5, it shall after considering applicable law, information presented. at the hearing and other 'factors .deemed: relevant by it, establish.- an amortization period.... for thee. non-. conforming use n_accordance with 4 -.205.'` (c) Appeal- Any ,person aggrieved.. by the dec ion of the Board of Adjustment or a:-taxpayer or::an,offcer, department, board - 33 - ! ~ or bureau. of the City, may appeal. the decision in accordance with Section 211.OI1 of the Texas Local. Government Code. Unless properly appealed within,,l0 days of- the date the decision is filed. in the 'Board of Adjustment's office, < the decision `of the Board of Adjustment: is -final __ _ and incontestable. Section 4 --205 Amortization and`'Terminaton (a) Amortization of Specfic'Non-conforming Uses. Non-conforming uses shall_be terminated... at the end of an amortizat-ion period established by the Board of Adjustment in accordance with this Section. The Board =of Adjustment, shall. hold a public hearing,-as required by ,Subs'ection'(b)-' below, to establish an amortization period or_to ''consider'! an application by .the non-conforming- user for exemption. from the amortization 'and'termnation requirements set forth. in this 4 - 205.' .If ..the Board of Adjustment grants an. exemption, the use shall be known as 'an °exempted non- conforming use." ' If 'ghe Board of Adjustment does not grant an exemption,: it shall establish an amortization period pursuant to Subsection (b). 'If an application for exemption- .from ,amortization-is not submitted, the Board_of Adjustment,; shall establish an' amortization period 'pursuant to Subsection (cJ {b) Public Hearincr. (I) ,,The '.:Board of Adjustment ..shall:-:hold a public hearing to°_ establish an amortization period 'for each non-complying- use `subject to notification °pursuant to 4' -' 203 or to consider an application for an exemption from'the amortization. and germination. requirements of :this' Section. pursuant. to the ,following notification requirements: (A) Written notice of the time and place of a public hearing, by certified mail, return receipt.....- requested and postage .prepaid, to the owner and occupant of the non-conforming use at least. 30 , days prior to the date of"such public hearing; (B) Publication at least 30 days ,prior to the date of 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) Mai ng of the notce_of. public hearing at least' 30 days prior go the_:date of the public hearing to property owners within 200 feet, as determined: - 34 - • pursuant to 11 - 604:, of the lot'_lne of` the land subject to the application, inclusive of streets, alleys and right -of-way, and to civic associations registered with the Planning Director, -whose boundaries are wholly or partly within the 200 foot... area ('2) .Upon notification of the time and place of the ,public''' hearing, the owner..or occupant of'the non-conforming`: use to be amortized may apply to the Planning Director--' for an exemption from ,amortization and' termination! pursuant to 4 -'`204_andnclude written informa ion and `% documentation supporting...a claim fore an exemption from any amortization period. In ;the-event the 'Board of Adjustment-.does-not ....grant the: exemption applied fore, it shall establish an amortization period 'based on (i), applicable law,: (ii) evidence submitted with 'the application, (iii) evidence presented at the. hearing'! and (iv) other factors consistent- with the purpose of this Zoning ordinance to al-low he 'owner tto recoup, actual investment in the use ':made prior to the'! effective date of this Zoning Ordinance. The.owner'is or.': applicant's failure to submit evidence to support an' amortization. period shall''be considered a waiver by,,the' owner or ;,applicant of_ any ,right to. contest at "the Board=': of Adjustment the 'length of any amortization period'! ._- that..the Board of Adjustment establishes. ('c) Amor ization>Period.. In the event the owner or qualified applicant-does not apgly:= for exemption from amortization, the Board of Adjustment, at' the public ..hearing, shall establish an amortization period; based' on ''(i) applicable law, (ii) -evidence' presented at the public hearing-and (iii).other factors deemed relevant by-- the. Board of -Adjustment, to allow. the owner or qualifed_ applicant°torecoup actual investment in the .use made` prior; to 'the effective date of this Zoning Ordinance_.- (d) --End. of Amortization Period._ At the end of _the amortization period established by-the Board... of Adjus ment for apartcular use, this the use hall terminate.; Section 4 - 206 Revocation of Non-conformncr Use-Status Upon ...the -recommendation. of the: Planning Director, a motion of'the Board:. of Adjustment, or a petition of property owners. pursuant to hi Section so long as the-Planning ,Director makes a recommendation of revocaton_in accordance. with {a):below, the Board of Adjustment "shall- - 35 - • ~J undertake a review of O any non-conforming uses; or: (ii) any exempted non-conforming uses established pursuant. to 4 -. 204 or 4 - 205 and,. after a,_public hearing. and investigation as to the particular use in question, ...may require. the revocation of the use status and_the amortization or termination of ,such use.--For purposes of-this 4 - 206, a use described.. in (i} or (ii) above, shall be herein sometimes referred to as a °Revocable Use." (a) 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 4 - 206 (d) exist; (ii} a report from the Planning- Director recommmending ,revocation of the states of such Revocable Use, which shall be based upon a determination that a reasonable probability of_one or more= grounds for termination under'4 - 206(d)' exist for such recommendation.; or (iii) .valid petition of proper owners- conforming -with Subsection (b) below,: provided after due consideration of- the petition, the Planning .Director- pursuant to ('ii) ; recommends revocation >to the '-Board` of Adjustment. In the event that'the Planning Director, upon: investigation, declines to recommend action.. by he Board of= Adjustment, the: Planning Director shall inform =the`: petitioners in writing of that -decision. The 'Planning-- Director's .decision regarding the - petition shall be appealable to the Board of Adjustment under the procedures= contained in 11 -. 604 of this Zoning Ordinance.'' (b) Petition of Propert~'Owners.' A petition may be submitted to the Planning Director only= with respect to a request. for revocation of the status of a Revocable User. on a form provided. by or_otherwse submitted in a manner prescribed by the -Planning Director. .The petition shall. be filed with. the Planning Director and signed by the owners of at Least twenty percent. (2D%) of-.the; total number of record owners as determined by the most recently approved City tax toll, of land in'the City, within 2OO feet of the lot lines of .the Revocable Use,. inclusive of streets,.- alleys and rights-of-way. and'- shall.. set forth .the- grounds 'for he revocation.-' (c) Board Notice. Review 'and Decision. Upon its- own motion,- receipt of :the -Planning ,Director's report recommending ,the revocation of the s atus of: the' Revocable Use'or::a decision. by the .Board- of Adjustment o consider a revocation requested in a -petition 'of property- owners pursuant to 4 = 206(x), the Hoard of Adjustment shall hold `a public hearing to consider_revocat.ion of a Revocable - 3 6 - Use pursuant to the procedures in 11 - 604.,-'Prior-to holding such hearing, the Board' of Adjustment shall provide public notice as follows: (1) Writ en 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 Harris County deed records.. and to the occupant or occupants of 'the Revocable.. Use at least 3'0 days prior to the date of such public hearing; (2} ':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 (3} ''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 11 - 604, 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 heating, 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 4 - 2..06(d), and if it .determines to revoke, it shall., in accordance with .applicable aw, after considering ;.evidence presented. at the hearing ,..and other 'factors consistent with' the purpose of this Zoning. Ordinance,. establish an amortization period for =the owner to recoup the actual investment.. in the :.use made by the ,owner prior to'the time the use became non-conforming..... The Revocable Use 'shall terminate at the end -of the amortization period or the: termination. date, as, the'case may be, established by the. Beard of Adjustment. (d) Required Fndincrs and Standards in Board-Determination on Revocation. Tasupport a finding and conclus-ion hat 'revokes the atus- of a Revocable. Use .based on .written findings of fact and. conclusions, .the 'Board of Adjustment 'must "find any of. the following O a violation of any condi ion Imposed:.. by -the _: Board of Adjustment ..'..pursuant to 4 - 204 (b) , (ii) ,that the continuation. of .the ...Revocable Use materially and. - 37 - i ~ 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:: (1) Noise above the maximum permissble'lmts, as set forth in the Zoning. Ordinance, or in any other City ordinance; (2) -Traffic -.gene-ration 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; (3) 'Noxious or annoying emi sions_ of odor, smoke, wastewater, light.. or other. matters; (4) 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;, (5) Lack -of ..substantial compliance wifh applicable -City= codes and ordinances; ('6) 'Police reports on alleged criminal activity associated with the non=conforming use;, or (;7) ;-'Similar factors.. ('e) 'Non-conformingr Uses NN'ot Sub-iect to Revocation of Status . Notwithstanding any provsions'of th Division or this. 4 -` 2.06'that could be construed to the- contrary, a residential' use that -is non-conforming in the particular district in which such use is located shall not_,be subject-to reVOCaton under this 4 - 206-. ('f) Conditions for Continuation. In making a decision not to-xevoke the status of a Revocable-` Use 'pursuant'' to 4' - 206 ('c) , the :Board of: Adjustment may impose :conditions on the use that are ..necessary to: accomplish the purposes of_this Division, including, but not`. limited. to required improvement of, or modifications ta, existng'_improvements on the property or limitations on hours or nature of operatons_ (g) Appeal. Any person aggrieved by the decision _of _the _Board of_' Adjustment, _or a taxpayer, or an officer, ....department, `board:;;; - 38 - • or bureau of the City may appeal. the decision in accordance" with Section 211.011 of the. Texas Local Government Code. The decision of the -Board. of Adjustment is final and'` incontestable. unless appealed to he'distrct .court 'within' 10 .days after the date thedecision is filed in the_Board of __ Adjustments office. Section 4 - 300 Non-Conforming Lots of Record Section 4 - 301 Continuance of Non-Conforming Lots of Record Subject to all limitations herein set forth, any non-conforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized by these regulations. No new structure shall be placed thereon except in conformity with the applicable controls of the district in which the lot is located. Section 4 - 302 Discontinuance of Non-Conforming 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 non-conforming lot of record that is made conforming shall not thereafter be changed back to a non-conforming lot. Section 4 - 4.00 Zoning of Annexed Pror~ert 1. All territory annexed hereafter to the City of La Porte shall be temporarily classified as R-1 Low Density residential, only until permanently zoned by the La Porte City Council. Immediately after the annexation of any territory to the City of La Porte, the City Planning and Zoning Commission shall commence any action necessary to recommend to the City Council a permanent zoning classification. The procedure for making permanent such classification shall be the same as is provided by law for the adoption of the original zoning regulations, and shall take place within one hundred eighty (180) days from the date of annexaton. 2. In the event a development or subdivision is presented to the City Planning Commission prior to annexation, that specifies a particular land use, the Planning Commission may recommend zoning categories to the City Council, after hearing, so that permanent zoning may be considered simultaneously and in conjunction with the annexation proceedings. - 39 - ~ ~ 3. In an area temporarily classified as R-1 Low Density Residential, a building permit may be issued for the construction of structures or uses permitted by low density residential district regulations, however, other structures or uses, are not permitted unless application for such structures or use is made to the City Planning and Zoning Commission for consideration and recommendation to the City Council. Dstr'cts._ AlI liquor sale establishments, bars,,-lounges and taverns in operation in_Residential Districts or Neighborhood Commercial, as of the effective 'date of this Zoning Ordinance, shall. not have a non-conforming use status as of that date with-respect to the use of ..the land or structure as a iquor..sale.' establishment, 'bar,', lounge or tavern. Such use shall =be -terminated, on'the date of expiration, revocation. or termination ;of such establishments' valid'State alcoholic .beverage ''license or permit` in '`existence on' the effective `..date of this-Zoning 'Ordinance; provided that such-' termination date shall not be 'extended by any- renewal: or extension 'of such license ar permit if, uch..'renewal or extension' is issued on or after 'the effective date `of this Zoning Ordinance. - 40 - ~ ~ Recommendations Article Four Ordinance 1501 WHY THE RECOMMENDATION The current zoning ordinance does not adequately address the elimination of non- conformities. Currently at least 50 businesses have anon-conforming status and cannot expand, improve or change uses. Some of these businesses might adversely affect their neighbors. / The overall purpose of the Planning and Zoning Commission's recommendation is to allow businesses to maximize their potential, while providing a long term solution to the protection of residential neighborhoods and property values. / This recommendation would allow property owners to retain their non-conformity for a limited time, while protecting the overall goals of the Comprehensive Plan. If this policy change is in line with the desire of the City Council, the following steps are recommended. THE NEXT STEPS o Provide grace period to educate Council, Citizens, Zoning Board of Adjustment (ZBOA) and Staff on the process of Exemption (including potential expansion) , Amortization and Termination of Non-Conformities. ~ Schedule a Public Workshop for citizens and owners of non-conforming properties and neighbors, to explain process. ® The Planning Department would notify owners of non-conforming properties and advise property owners of process for Exemption of Amortization and Development & Termination Process. ® ZBOA sets public hearings and determines exemption and/or amortization schedule for each non-conformity. Adjacent Property Owners are notified. The Hearings would be held by specific Planning Sectors o After the hearing, the ZBOA would make determinations on Exemptions and Amortizations. ® The initial phase focuses on Residential Non-Conformities, however the '~ recommended changes cover the entire city. The process of registering non-conformities would continue until all would be considered exempt or have an amortization date. .k` . ."`,~ ~ • ~~ Identified Non-Conforming Uses Within Residential Zones of the City of La Porte Address Name or Type of Use 1241 Underwood - - - - - Belmont Constructors North "H" Street - - - - - Abandoned Oil Storage 10001 Spencer - - - - - La Petite Academy 10003 Spencer - - - - - Two Cajuns Cafe 11820 North "H" Street - - - - - Laboratory 9102 Spencer - - - - - Ref~hem 3900 Underwood - - - - - AAA. Flexible Pipe Cleaning Canada Street - - - - - Warehouse 408 North 5th Street - - - - - Duplex 711 Adams - - - - - General Contractor 201 North 4th Street - - - - - Southwestern Bell Telephone 201 North 3rd Street - - - - - Miniwarehouses 329 South 11th Street - - - - - Curry Motor Company 1414 South Broadway - - - - - Kiibler & Kiibler Law Office 201 South 3rd Street - - - - - Paul U. Lee Funeral Home 1005 Pazk - - - - - Knights of Columbus 603, 604 Nugent - - - - - Duplex 119, 121 Brownell - - - - - Duplex 1013, 1019 San Jacinto - - - - - Groda Enterprises -Fire & Safety 208 Utah - - - - - La Pone Healthcare Center 1002 Pazk - - - - - La Porte Garden Shop 109A, :109B, 121A, 121B, 129A, 129B Sylvan - - Duplex 709, 711 South Carroll - - - - - Duplex 230 Jefferson - - - - - Crow's Nest Art Gallery 1702-1712 S. Broadway - - - - - Gas Station (Angel's) 2511 South Broadway - - - - - Centrifuge Technology, Inc. 2757 South Broadway - - - - - Abandoned Building 2907 South Broadway - - - - - ? 2823 South Broadway - - - - - Garage 1701 South Broadway - - - - - Tall Oaks Hairstyles 1727 South Broadway - - - - - Abandoned Building South Broadway - - - - - Concrete Rip Rap Storage 11 Pine Bluff - - - - - Duplex 239 Crescentview - - - - - Duplex 233 Bayshore - - - - - Bayport Apartments 234 Pine Bluff - - - - - Apartments 209 Edgewood - - - - - Duplex 2815 South ?roadway - - - - - J & B Appliance South Broadway - - - - - Firewood Sales 3043 South Broadway - - - - - Garage 3105 Carlisle - - - - - Apartments 3011 Humpherville - - - - - ~ Duplex 402 Dwire - - - - - Beacon School 10427 N. "L" - - - - - Livestock, Horse Stables, Welding Shop The preceding non~onformities were identified by using Harris County Appraisal District's tax information or the City's permitting files. There may be ocher non-conformities within residential districts that the City has noc yet identified. It does not include non-conformities that tray be present in other zoning districts (NC, GC, HI, I.n.