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Home My WebLink About1998-01-12 Workshop and Regular Meeting of City Council ,:: ~,. ® / ,MINUTES OF THE WORKSHOP AND REGULAR MEETING OF LA PORTE CITY COUNCIL JANUARY 12, 1998 1. CALL TO ORDER' The meeting was called to order by Mayor Norman L. Malone at 6:00 p.m. Members of City Council Present: Mayor Norman L. Malone, Councilpersons Guy Sutherland, Chuck Engelken, Bob McLaughlin, Alton Porter, Deotis Gay, Jack 1Vlazwell and Jerry Clarke. Members of Council Absent: Councilperson Ebow. Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, Assistant City Manager John Joerns, Assistant City Manager Jeff'L,itchfield, Assistant City Attorney John Armstrong, Police Chief Bobby Powell, Director of Public Works Steve Gillett, City Secretary Martha Gillett, Planning Director Guy Rankin, Director of Administrative Services Louis Rigby, Golf Pro .Alex Ormond, Parks and Recreation Director Stephen Barr, Parks and Recreation Office Manager Marlene Rigby and City Manager's Secretary Carol . Buttler. Others Present: Steve Valarius, Lou Lawler, Ben Ritchie, Dennis Dunham, Chris Comperry, Pete Frank, Peter Griffith, Peggy Warnock, Coleen Hicks, Mr. and Mrs. Strong, and a number of La Porte Citizens. 2. INVOCATION -REVEREND RANDY GILCHRIST -FIRST BAPTIST CHU][tCH Reverend Gilchrist was unable to attend the meeting, so Councilperson Bob McLaughlin delivered the invocation. 3. CON:~IDER APPROVING MINUTES OF REGULAR MEETING DECEMBER 22; 1997. Motion was made by~ Councilperson Engelken to aQprove the minutes of December 22. 1.997 as presented. Second ~by Councilperson Clarke. The motion carried, 8'ayes, 0`nays. City Council Meeting. Minutzs January 12, 1998 Page 2 Ayes:: Councilpersorls Sutherland, Engelken, McLaughlin, Porter, Gay, Maxvvell, Clarke; and Mayor Norman Malone. Nays: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL Mr. Chris Comperry, 729 Otter Creek, La Porte, Texas was introduced to the City Council and presented a City of La Porte lapel pin. Mr. Comperry was attencling the Council meeting in order to earn a Boy Scout badge. Mr. Dennis Dunham, 816 S. 1"`, La Porte, Texas addressed Council regarding the proposed Graffiti Ordinance. Mr: Dunham requested Council to take their time and use caution in considering the proposed Ordinance. Mr. Dunham raised. concerns regarding the impact it may have on area businesses. M.r. >:ten Ritchie, 435 Shady Lane, addressed Council regarding Ordinance 1501 and a~9vised he had addressed Council on previous occasions about this same matter. Mr. Ritchie advised Council that Ordinance 1501 rezoned his business from commercial to residential ten years ago. Mr. Ritchie stated he was never notift:d of this change. Mr. Ritchie informed Council he is not able to sell his business due to the constraints this Ordinance places him under. He requested Council to give him special consideration regarding this matter and allow him to further discuss this matter with Planning and Zoning and City Council. He further stated he believes his constitutional rights have been violated. Mr. Pete Frank, 4142 Crownwood, Seabrook, Texas, thanked the City for their involvement with the Habitat for Humanity projects over the past five years. In addition; he presented Golf Pro Alex Osmond with a plaque for his recent effort:> coordinating a fund raiser Golf Tournament. Mr. Frank noted $7,000.00 was mused at this recent event. ~,. . Mr. Steve Valarius, 140 Hazel, is Porte, Texas addressed Council on the proposed G:rafitti--Ordinance. Mr. Valarius advised Council the Old 146 Group supported the proposed changes to the;'proposed: Grafitti Ordinance. Mr. Valarius further stated the Old 146 committee believes this Ordinance will assist in preventing vandalism and clean up the City. ii M 5. RECF,IVE REPORT FROM PARKS AND RECREATION DIRECTOR ON ALCOHOL PERMIT FOR SYLVAN BEACH PAVILION - S. Barr City Council M:e~ting Minutes January 12, 1998 Page 3 ' Parks and. Recreation Director Stephen Barr informed Council of a recent situation involving alcohol permits for the Sylvan Beach Pavilion. Mr. Barr advist:d Council the Texas Alcoholic Beverage Commission would no longer issue temporary alcohol permits for the Sylvan Beach Pavilion on a regulaz basis. Mr. Barr recommended three (3) options for resolving the matter. Options recommended included: Option 1 =Jesse Garcia, the contract concessionaire could apply and be issued a permanent beer and wine permit for the Pavilion. This would enable him to be the sole provider of beer. and alcohol for sale at the pavilion, but would still allow beer to be given away at certain events such as weddings where there is no admission or fee charged. This option would not allow mixed drinks to be provided at a site where there is a permanent beer and wine permit. Option 2 -This option would allow the City to apply and be issued a permanent beer and wine permit for the Pavilion: This would not be a desirable option for liability reasons. Option 3 =This option would allow Mr. Garcia to apply and be issued a mixed drink permit for the Pavilion. The downside of this option is that no "bring you own bottle" options would be allowed. Mr. E~arr stated staff recommends Option 1 and will begin moving in that direction. 6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE WHEREBY THE CITY OF LA FORTE, TEXAS, AND SOU'1['HWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE.1834, TO PROVIDE FOR AN EXTENDED TERM THEREOF; PROVIDING TERMINATION AND OTHER PROVISIONS AS A RESULT OF AMENDMENTS TO THE PUBLIC UTILITY REGI7LATORY ACT OF 1995 (Ord. 97-2208) K: Askins Assistant City Attorney, John Armstrong advised Council this is the second reading of this Ordinance as required by City Charter. There were no changes made to :the Ordinance since the first reading. Assistant City Attorney read: ORDINANCE 97-2208 - AN ORDINANCE WHE]itEBY THE CITY .OF LA' POR1"E, TEXAS, AND SOUTHWESTERN BELI:~ TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO. ~,~ ~, City Council Meeting Minutes January 12, 1998 Page 4 C7 1834, TO PROVIDE FOR AN EXTENDED TERM THEREOF; PROVIDING TERMINATION. AND OTHER PROVISIONS AS A RESULT OF AMENDMENTS TO THE PUBLIC UTILITY REGULATORY ACT OF 1995; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE AGREEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made b,y Councilperson Clarke to approve this Ordinance as read bX the Assistant City Attorney Second by Councilperson Engelken. The motion carved, 8 ayes, 0 nays. Ayes: Councilpersons Sutherland, Engelken, McLaughlin, Porter, Gay, Maxwell, Clark and Malone. Nays: None 7. CALI. TO ORDER WORKSHOP MEETING Mayor Malone called the Workshop Meeting to order at 6:31 P.M. Plarin:ing Director Guy Rankin presented summary on the following items: A. DISCUSS PROPOSED GRAFITTI ORDllVANCE City Council allowed Mr. Peter Griffith to provide public input regarding issues contributing to the problems within the community due to graffiti. B. DISCUSS AN AMENDMENT TO ORDINANCE 1501 -THE ORDINANCE, RELATING TO NON-CONFORN)a1VG USES, STRUCTURES, AND LOTS OF RECORD City Council allowed Mr. Ben Ritchie to provide public input regarding concerns he has with. this proposed Ordinance. 8. ADJOURN WORKSHOP MEETING ~. , . Mayor. Malone adjourned the Workshop Meeting at 7:46 P.M. 9. ADM]INISTRATiVE REPORTS City~'Manager Robert T. Herrera informed City Council that the City Calendar was ~sfill being reviewed and any changes needed to be received back by Wednesday, January 14, 1998. e • City Council IVl:eeting Minutes January 12, 1998 Page 5 Lastly, Mr. Herrera,provided areport to City Council regarding the recent rainfaal and an overview indicating previous years history. 10. COUNCIL ACTION Councilpersons Sutherland, Engelken, McLaughlin, Porter, Gay, Maxwell and Malone brought items to Council's attention. 11. 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, PER~iONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCILUDING A WITNESS DURING EXAMINATION OF ANOTHER WITPJJESS IN AN INVESTIGATION) A. SECTION 551.075 - (REPORT) RECEIVE A REPORT .FROM CITY MANAGER REGARDING LAND ACQUISITION Council retired into executive session at 8:00 p. m. under Section 551.075 (REPORT), Receive a Report From City Manager Regarding Land Acquisition. Council returned to the table at 9:02 p.m., with no.action taken. Councilperson Jerry Clarke left the meeting at 8:03 P.M. due to physical illness. , . 12. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION. There was no consideration for this .item. 13. ADJCIURNMEN;T There being no further business .to come before Council, the Regular Meeting was ~d~uly adjourned at 9:05 p.rn. ~.. City Council Meeting. Minutes January 12, 1998 Page 6 '~ ~ ~ ~ Respectfully submitted, Martha A. Gillett . ~ City Secretary Passed and.a~pproved on this 26th day of January, 1998 ~'~ ~~ G %~~~ 2 Norman L. Malone, Mayor i t REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Januan 12 1998 Re nested B : Ste Shen L. Barr ~ "`'-~ De artment: Parks 8 Recreation q Y -E P XX Report _ Resolution O dinance Exhibits: ~ 1. Letter to Jeff Litchfield, December 8, 1997 2. Letter to Robert T. Herrera, December 19, 1997 8~ RECOMMENDATION The Texas Alcoholic ;Beverage Commission will no longer issue temporary alcohol permits for the Sylvan Beach 'Pavilion on a regular basis. Since our lease agreement with Harris County began, and our contract with Jesse'Garcia, Mr. Garcia has obtained a -temporary beer and wine permit for each event at which beer and wine was served. TABC limits the number of temporary perrrtits~'[hat ~can'be issued' annua~ly'to'the same site, and they have notified us that temporary permits for Sylvan Beach events have exceeded this limit for the past few years. The solution 'is 'to obtain a •permanerit~ alcohol •perm~it ~for~ Sylvan Beach. There are three alternatives available to us as the property lessee. Option ~1~ J~e~sse Garcia, a~s contract concessionaire could apply and 'beissued a permanent beer and wine permit for the Pavilion. This would allow Jesse to be the sole provider of beer and alcohol•-for~ sale aYthe -pavilion, but~would~ still allow beerto'be given away at certain events such as wecldings where there is no admission or fee charged. The negative here is that no mixed drinks can ~be provided at a site where there'is apermanentbeer and-winepermit. Oation 2 the City could apply and be issued a permanent beer and wine permit for the Pavilion.. This 'is ~ not a desirable alternative 'because. ~City~ officials become theresponsible parties and can be held liable for ~ any problems that may occur and become subject to adm~inis~rative citations by= the TABC for any~~vioiationthat majr~ occur at the -Pavilion. Oation 3 Jesse Garcia, as contract concessionaire, could apply and be issued a mixed drink-~permit ~for~~the Pavil°ion. The downside ofthis option 'isthat the ~"bringyour own 'bottle" of alcohol practice would not be. permissible if a mixed drink permit were issued at the Pavilion. The practice of ~"BY'OB" is exercised'by approximately seventy percent of users of the Pavilion. A mixed drink permit is also prohibitively expensive (about $4,000) compared to a beer and wine ~p~ermit($600). Also, undera~mixed drink~perm~it; Jesse Garcia orhis staff~would'be'the only ones allowed to serve alcohol at the Pavilion for any event. Staff recommends Op#ion ~1 as: the available option that meets our needs at the Pavilion with the least disruption of the'customers who use the Pavilion. It will take approximately six to eight weeks to process a new permanent alcohol permit for the Pavilion. The Texas Alcoholic Beverage Commission has agreed to continue to work with us by issuing temporary permits until a permanent permit is in place so that our service delivery is not impaired. Action Required byj~Council: :. Report provided for. Council edification: no action required: Availability of Fundf:: General Fund Water/Wastewater Capital Improveiment ' ; General Revenue Sharing XX N/A Account Number: :~ Funds Available: N/A YES _ NO A rove r ncil A ends R e T e er Date Ci a ger . ®L 1 City of La Pone Interoffice Memorandum .December 8,1997 To: Jeif Litchfield, Assistant City Manager From: StE;phen L. Barr, Parks and Recreation Director Re: Alcohol Permit for Sylvan Beach Pavilion On Thursday, December 3'~, Mr. Paul Morgan, of the Texas Alcoholic Beverage Commission, informed Jesse Garcia that the TABC would no longer issue temporary alcohol permits for Sylvan Beach after DecF:mber 31 ~ of this year. Apparently since our lease agreement with Harris County began, and our ~:ontract with Jesse, Jesse has obtained a temporary beer and wine permit for each event at which beer. and wine was served. Apparently, there is a fairly low limit to the number of temporary permits that can be issued annually to the same site and we have exceeded that limit regu'Isirly for the past few years. Given that a new permanent permit takes approximately 6•-8 weeks to process through the TABC, I was concerned about our ability to provide alcohol ~i~or events scheduled in~ January at the Pavilion. spoke with Mr. I~Aorgan of the TABC this morning and he agreed to extend our temporary permits through January 31 ~ if necessary, so that service to our customers would not be disrupted. Although this is good news in that our customers will not lose alcohol privileges, a .permanent beer and wine permit for the Pavilion will necessitate some changes in the way we do business for certain customers at the Pavilion. First, let me disc~~ss the three alternatives available to us as the property lessee. One alternative is for Jesse to be issued a .permanent beer and wine permit. If Jesse is the permanent permit holder, he will control: all the alcoliol consumption at the Pavilion. Another alternative is for the City to be the permit. holder. In conversation with Mr. Morgan, this is not a popular alternative because the City Council and Mayor are the responsible parties and thus can be held liable for any problem that may occur (i.e. serving to minors, etc:) and would be subject to administrative citations, should a ~problem~ occur. •A third altemative~ is for Jesse to obtain a mixed drink permit. The major proti.lem here .is that, .BYOB is not allowed with a mixed drink permit. It is also prohibitively expensive. It does not solve the caterer/drinks problem (discussed in the next paragraph). With this in mind, I recommend that Jesse be allowed to obtain a permanent beer and wine permit. Prior to the end of our contract with Jesse in 1999, we would put out an RFP for services. if someone other. than Jesse received the new contract, there would be time to apply prior to the end.of the: contract with. Jesse. . In regard to the'c~hanges in. the. way we currently do business with Jesse as the permanent beer and' wine permit holder,. Jesse would have sole ability. to provide alcohol at the pavilion. As mentioned abovE:, BYOB is.allowed with a beer arid wine permit but cannot be sold.. No mixed drinks could be :served at the pavilion in the future because, once a permanent beer and wine ~' permit is issued,: it is not possible to get a temporary mixed drink permit. Some ~of our events, most importantly the Salute to Industry., the Reverse Draw, and others, hire caterers to provide meals and drinks, including beer & wine,.and/or mixed drinks at the facility. This practice would no longer be acceptable under a permanent beer and wine permit; so caterers would be allowed to provide food only and Jesse would have to provide the beer and wine. Therefore, our future leasing policies would.have to reflect this major change at the Pavilion. There are not a lot of events where mixed drinks are served, but they are the really nice events such as the Chamber. Salute, etc.. Some of them, such as the Reverse Draw, have already been scheduled. for thE3 upcoming year and there may be some political fallout as a result. I believe that the alternatives+Ilisted above should be discussed and any relative questions answered as soon as possible so that: 1) we~ can notify Jesse to proceed with the permit application (if that is our recommendation), and' 2) we can notify those event holders already committed, that they will not be able to serve mixed drinks at the Pavilion for their event. If you have additional questions or..if I can be of assistance regarding this change, please do not hesitate to give ine a calla Thank you in advance for your consideration. SB/pavilion permit 1297.doc ~'~v.^t~s"'a+ara. a/era(. / ~y Cyr o~~ ~ ~®~~~ -~~~...~.~.~ li'J~l'=i~Ji'r 1 := J~~~= i~1Jil~1i'JJJi~J J= ~?i~l.S.it ~ J, 1 JJ To: Robert T. Herrera, City Manager ,~ :~ ~ ,/r From: Stephen L. Barr, Parks and Recreation Director ~, ' RE: ~ STATUS OF ALCOH L PERMIT FOR SYLVAN BEACH PAVILION As requested in our meeting on December 10`h, Marlene Rigby contacted the City of Pasadena Convention Center to get information on how they handle their alcohol permitting. They use a company called Hudson~License Service to obtain temporary permits for their site. They have a permanent beer and wine license in the name of the City for their primary location, and obtain temporary permits for other on-premises locations (they "have several rooms in which alcohol can be served throughout the. center): This morning, Marlene and•I met with Ms. Judy Hudson of~Hudson License Service, and Mr. Steve Boyer, Regional Supervisor~of the TABC Compliance Office; at Sylvan Beach Pavilion. We surveyed our facility and explained our particular usage as far as rentals/special events. The issue of separate rooms for permitting will not work at Sylvan Beach because alcohol sold in one location cannot be taken: into` another location. At Pasadena (or George Brown Convention Center in Houston), this is not a problem because the facility is large enough to separate and isolate large rooms. In our case, if the foyer and the ballroom were separate addresses, Jesse could serve drinks in the foyer, but people would not be allowed to take the drinks into the ballroom (or vicE; versa). We discussed ~tr~e three options available to us as mentioned in the letter of December 8~'. One altemative is to,purchase a permanent beer and wine permit in the City's name which would put us into the alcohol serving business, but would not solve our mixed drink problem. Our other alternative is to .purchase`s mixed drink license which would put an end to BYOB activities, including beer and wine being: given away at wedding receptions and quinceneras. After reviewing~i~ur particular usage and taking into consideration all the factors pertaining to alcohol consumption,. both; Ms. Hudson and Mr. Boyer have recommended that the City allow Jesse Garcia to;~pbtain a permanent beer and wine permit for the Pavilion as our best alternative. As discussed. ir;pur earlier meeting, this will preclude;the possibility of serving mixed drinks in the future at any event at' the pavilion.. If we proceed ;with this recommendation, as discussed in the December 8~'' letter, our future leasing policies'would have to reflect this major change at the Pavilion. I recommend that we go ahead and notifjr Jesse to pursue a permanent beer and wine permit at the Pavilion, and that we notify all of our~past lessees that have served mixed drinks of their options for future events under the new guidelines. ~ We ,must put the wheels iri motion. shortly in order to get the permitting • • process completed without leaving some presently scheduled events without alcohol service. 1fi you -have additional. questions or if 'I can 'be of assistance regarding this change, please do not hesitate to give me a call.: Thank you in advance for your consideration. SB/status pavilicm permit 1~297.doc c: Jeff Litchfield, Assistant City Manager ~. ,,; Ft_E_QU FOR CITY COlINC1L AGENDA I'1~M Agenda D:tte Requests:d: January 12, 1998 Requested By: K, Askins Uep~rtment: Report Rs:.colution X Ordinance Exhibits: Ordinance 91-2208 SIJM:MARI' ~~ RECOMMENDATION During the last session of the Texas Legislature 5.13. 1937 was passed. The bill establishes an Interim Legislative Committee to study „a number of issues involving the use ~ ofi public rights-of--way in municipalities by telecommunications utilities. Dui; to the tact. that the study committee may recommend legislation to the 1999 Session of the Legislature, which could substantially ~ alter the; manner in which cities are allowed to contract with telecommunication providers, staff recommends this Ordinance be passed. This will extend the cun-ent agreement, and allow the City and Sosith~i~cstern Bell to •incorporate any legislative changes into a subsequent. renewal agreement. If approved, this Ordinance will extend the Southwesta•n Bell Telephone Company Franchise Agreement through September 30, 1998, and sliall autoiiiatica.ll~~ renew for successive periods of one ~~ear not to exceed beyond September 3U, 2Up2. - This is the second reading of this Ordinance Ts required by City Chanter. Av.~il.~bility of Funds: _ Genera Fund • Water/W:istew.~ter _ Capihil Imprnvennent_ General Revenue Sharing Other Account Number: Fsiiufs Available: YES NO' Annroves,~ for City Council A~cnd;i ~~+~ R t T..Herrera Hate C• Manager . o° ORDINANCE NO. 97-2208 AN ORDINANCE. WHEREBY THE .CITY OF LA PORTS, TEBAf3, AND 80IITHWESTERN BELL TELEPHONE COMPANY.AGREE TO AMEND ORDINANCE NO 1834, TO PROVIDE FOR AN EBT~:NDED TERM THEREOF; PROVIDING TERMINATION AND OTHER PROVISIONS AS A RESIILT~ OF AMENDMENTS TO THE PIIBLIC IITILITY REGIILATORY ACT'OF 1995; .CONTAINING FINDINGS AND OTHER PROVISIONf3 RELATING T~ THE AGREEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LA~1; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAT;, the City of La Porte, hereinafter referred to as the "CITY", adopted and approved Ordinance No. 1834 on June 8, 1992, which was accepted by Southwestern Bell Telephone Company, hereinafter referred to as the "TELEPHONE COMPANY"; and WHEREAft, TELEPHONE COMPANY and CITY desire to extend the term of Ordinance: No. 1834 as provided in this Ordinance; and WHEREAft, it is to the mutual advantage of both the CITY and the TELEPHONE COMPANY that the term.of Ordinance No. 1834 be extended; acid . WHEREAft, it is~recognized by the parties that provisions set forth in Ordinance No. 1834 may create legal issues with respect to the CITY's •compliance with Section 3.2555 of the Public Utility Regulatory i~ct of 1995 effective September 1, 1995, hereinafter referred to as. the "Revised PURA"; the parties agree and intend that this amendment•to Ordinance No. 1834 constitutes an interim arrangement to accommodate the needs of the parties, pending clarification of the interpretation and application of the Revised PURA. • NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS, TEXAS, THAT: Sectio=n 1. Section 4 of Ordinance.No. 1834 entitled TERM is hereby amended to read as follows: This Ordinance shall be in force. and effect from October 1, 19.97,. through September 30, 1998, unless earlier terminated pursuarit~to Section 17, provided that at the expirat:ion•of this initial period, such term shall be automat:ically•extended for successive periods of one (1) year, :unless written notice of intent to terminate this agreement is given by either party not less than ninety (90) d~iys prior to the termination of the then current period: When such notice is~given this agreement shall termin~:te at the•expiration of the then current period. Regardless'of the-right of automatic renewal, the term of this Ordinance shall not extend beyond September 30, 2002. n ~s ORDINANCE NO 97-2208 c~bp~ ~. , Sectio=i 2. .Section 17 of Ordinance No. 1834 entitled FUTURE. CONTINGENCY is hereby amended to add the designation "(a)" before the existinc~ paragraph of that Section and to add paragraphs (b), (c) and (d) as set forth below: (b) Both• parties agree that the extension of this Ordinance is an interim arrangement and is not intended to be used, and will not be cited or referred to by either. party, .as evidence of what is in compliance with the requirements of Section 3.2555 of the Revised PURA. TELEPHONE, COMPANY 'and CITY both hereby reserve all arguments and/or positions as to the appropriate interpretation and application required by the Revised PURR. (c) The CITY ,agrees to provide written notice to the TELEPHONE COMPANY of an original application or an agreement thereto, for a consent, franchise or permit with the CITY:..for use of the RIGHTS-OF-WAY in the CITY for the provision of any. telecommunications service within ten (10) days from receipt of such application. (d) Further, notwithstanding anything contained in this Ordinance. to the contrary, both CITY and TELEPHONE COMPANY agree that either CITY or TELEPHONE COMPANY may terminate this Ordinance upon a minimum of thirty (30) days notice to the other party on or after the date that (1) an.y entity applies for an original of, or an amendment to, a consent, franchise or permit with the CITY for use of the RIGHTS-OF-WAY in the CITY for the provision of any telecommunications service; or (2) any entity with an existing consent, franchise, or permit for use of the RIGHTS-OF-WAY in the CITY files an application with .the Public Utility Commission of Texas for a certificate of operating authority. which includes any geographic area which is wholly or partially within the corpor~~te limits of CITY. Sectio=~ 3. The TELEPHONE COMPANY .shall have thirty (30) days from and after the passage and approval of this Ordinance to file its written. acceptance hereof with the City Secretary, and upon such acceptance being filed, this Ordinance shall take effect and be in force as of October 1, 1997. ,;a ~~;.~•• ORDINANCE NO 97-2208 Sections 4. The City Council officially finds, determines, recites, anci .declares that a sufficient written notice of the date, hour, place and subject of this meeting of the 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 ti~at this meeting has been open to the public as required by law at a.ll times during which this ordinance and the subject matter ther~aof 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. PASSED AND APPROVED, on first reading, this 8th day of December, 1997. • PASSED AND APPROVED, on second. reading, this 12th day of January, 1998. Fri ATTEST: ~~ ~' Q,~f ~ ~. c~ ~ ~~~ .~1~, 'I L ,~ _C~~_lc Martha A. Gillett City Secret~iry APPROYED:~ ~ . ~~ /~ /~~ C TY OF LA~FORTE~ Norman L. Malone Mayor ~:x~ . Knox W. Askns City Attorney ~~ C~OG°~~ I, Marl~ha A. Gillett, City Secretary of the City of La Porte, Texas, do h~areby certify that the foregoing is a true and correct copy of Ordinance No. 97-2208, passed and approved on first reading on December 8, 1997, and passed and approved on second reading on. January 12, 1998, by the City Council of La Porte, Texas, at a regular meetings thereof. City Secretary .~y ,~~ . ®~ ~ ® o . ,; o ORDINANCE NO. 97-2208 AN ORDINANCE WHEREBY THB CITY OF LA PORTS, TEBAS, AND SOIITHWESTERN BELL TELEPHaiNE COMPANY AGREE TO AMEND ORDINANCE NO 1834, TO PROVIDE FOR AN EZ'1'ENDED TERM THEREOF; PROVIDING TERMINATION AND OTHER PROVISIONS AS A ,RESULT OF AMENDMENTS TO THE PIIBLIC ~IITILITY REGIILATORY ACT OF 1995; CONTAINING FINDINGS AND OTHER PROVISIONB RELATING TO THE AGREEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LA~1; AND PROVIDING AN EFFECTIVE DATE HEREOF. WBEREAf3, the 'City of La Porte, hereinafter referred to as the "CITY", adopted and approved Ordinance No. 1834 on June 8, 1992, which was accepted by~ Southwestern Bell Telephone Company, hereinafter referred to as the "TELEPHONE COMPANY"; and WHEREAf3, TELEPHONE COMPANY and CITY desire to extend the term of Ordinances No. 18.34 as~ provided in this Ordinance; and WHEREA:3, it is, to the mutual advantage of both the CITY and the TELEPHONE COMPANY that the term of Ordinance No. 1834 be extended; and WHEREAS, it is recognized by the parties that provisions set forth in Ordinance No. 1834 may create legal issues with respect to the CITY's compliance•.with Section 3.2555 of the Public Utility Regulatory ;pct of 1995 effective September 1, 1995, hereinafter referred to as the_"Revised PURA"; the parties agree and intend that this amendment to Ordinance No. 1834 constitutes an interim arrangement to accommodate the needs of the parties, pending clarification of the interpretation and application of the Revised PURA. NOW THFREFORE;••BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXASy THAT: Section 1. Section 4 of Ordinance No. 1834 entitled TERM is hereby amencied to read as follows: This Ordinance shall be in force and effect from October 1, 19.97;, through September 30, 1998, unless earlier terminated pursuant•to Section 17, provided that at the expira~ion of this .initial period, -such term shall be automa=cally'extended for successive periods of one (1) year,.tinless written notice of intent to terminate this agreement is given by either party not less than ninety (90) days :prior to the termination of the then current period•;. When 'such notice is given this agreement shall terminate at 'the expiration of the then current period. Regard:Less of. the right of automatic renewal, the term of this Ordinance shall not extend beyond September 30, 2002. • ~` .~ • C~Op~° ORDINANCE PTO 97-2208 PAGE 2 Section 2. Section 17 of Ordinance No. 1834 entitled FUTURE CONTINGENCY'is hereby amended to add the designation "(a)" before the existing paragraph of that Section and to add paragraphs (b), (c) and (d) as set forth below: (b) Both parties agree that the extension of this Ordinance is an interim arrangement and is not intended to be used, and will not be cited or referred to by either party, as evidence of what is in compliance with the requirements of Section 3.2555 of the Revised PURA. TELEPHONE COMPANY ,.and CITY both hereby reserve all arguments and/or ,positions as to the appropriate interpretation and application required by the Revised PURR. (c) The CITY agrees to provide written notice to the TELEPHONE COMPANY Hof an original application or an agreement thereto, for a consent, franchise or permit with the CITY for use of the RIGHTS-OF-WAY in the CITY for tYie provision of any telecommunications service within ten (10) days from receipt of such application. (d) Further, notwithstanding anything contained in this Ordinance to the contrary, both CITY and TELEPHONE COMPANY agree„that either CITY or TELEPHONE COMPANY may terminate this Ordinance upon a minimum of thirty (30) days notice to the other party on or.after the date that (1) airy entity applies for an original of, or an amendment to, 'a consent, franchise or permit with the CITY for use of the RIGHTS-OF-WAY in the CITY for the provision of any. telecommunications service; or ( 2 ) any entity with an existing consent, franchise, or permit for use of the RIGHTS-OF-WAY in the CITY files an application with t:he Public Utility Commission of Texas for a certificate of operating authority which includes any geographic area which is wholly or partially within the corporate limits.of..CITY. 3ectio~n 3. The TELEPHONE COMPANY shall have thirty (30) days from and after the passage and approval of this Ordinance to file .f its written acceptance hereof with the City~Secretary, and upon such acceptance being filed, this Ordinance shall take effect and be in force as of October 1, 1997. ~'~. ..~ ORDINANCE NO 97-2208 • C~Oo p~ e.~. , ;'' Section 4. 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 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. tl.Zat 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. PASSED AND APPROVED, on first reading, this 8th day of December, 1997. PASSED. AND APPROVED, on second reading, this 12th day of January, 1998. C TY OF LA FORTE Norman L. Malone Mayor ATTEST : '' Martha A. Gillett ' City Secretary . i~~ _ . APP'R~OQED:% f~ ~ ~' ~ Knox W . Ask.ins City Attorney O a ,. I, Martha .A. Gillett, City Secretary of the City of La Porte, Texas, do hereby certify that the foregoing is a true and correct copy of Ordinance No:. 97-2208, passed and approved on first reading on December~8, 1997, and passed and approved on second reading on January 12, 1998, by the City Council of La Porte, Texas, at a regular meetings thereof . - 1 ~~ it Secretary " t ~~ ~~ ®O D The Honorable Mayor and City Council. of the City of La Porte: Southwestern Bell Telephone Company, for itself, its successors and assigns, hereby accepts the attached franchise ordinance No. 97- 2208 as finally passed by the City Council of the City of La Porte on the 12th.. day of January, 1998, and hereby agrees to be bound by all of its terms and provisions. date: ~.-~~ 9 S SOUTHWESTERN BELL TELEPHONE COMPANY Bys David Cole Name: Title: President-Tex • ® Marsha Pate Southwestern Bell Telephone Area Manager- ree Bell Plaza, Room 1110.A1 • Municipal Affairs n D Dallas, Texas 75202 • i ~ ( / Phone 214 484-3070 444,,,/// Fax 214 484-5838 February 1.0, 1998 `• The Honorable Norman Malone Mayor City of La Porte P. O. Box•'1728 La Porte,'1'exas 77572-1115 Dear Mayor Malone: Attached are two originals of Southwestern Bell Telephone Company's signed acceptance of the amending Ordinance 97-2208. This ordinance was passed by the City of La Porte: on January 12, 1998 and became effective on October 1, 1997. After the filing date has been noted by the City Secretary, one original countersigned acceptance document should be returned to me for filing with Southwestern Bell Telephone''s official records. Aself-addressed envelope is also attached for your convenience. Please feel free to contact me if there aze any questions. Sincerely, Attachments CC: Barry' Beasley • ;` . - L i.~ •, ' ACCEPTANCE WHEREAS, the City of La Porte, Texas did on the 12th day of January, 1998 enact Ordin~mce Number 97-2208 entitled: ~~ AN ORDINANCE WHEREBY THE CITY OF LA PORTE, TEXAS AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND OR1rIINANCE NO.1834, TO PROVIDE FOR AN EXTENDED TERM THEREOF; PROVIDING TERIVIINATION AND OTHER PROVISIONS AS A- RESULT OF AMENDMENTS TO THE PUBLIC UTILITY REGULATORY ACT OF 1995; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE AGREEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN I~FFECTTVE DATE HEREOF. and WI3EREAS, said Ordinance was on the 12th day of January, 1998 duly approved by the Mayor of said City and the Seal of said City was thereto affixed and attested by the City Secretary: . NOVrV THEREFORE, in compliance with the terms of said Ordinance as enacted, approved and attested, the Southwestern Bell Telephone Company hereby accepts said City of LaPorte, Texas in her Office. Dateci this ~ + day of ~ r ~ ~ 19~. SOUTHWESTERN BELL TELEPHONE COMPANY President-Texas v/d/ Acceptance filed.,,in the office of the Ci Secretary of the City of La Porte, Texas this I~ ~- day of F ~ 19 `~~ . ~ ~ h ity ecretary ~ ~ ® • WORKSHOP ITEM A Agenda Date Requested: January 12, 1998 Requested By: Guy Rankin r~~~ X Report Exhibits: 1. Revised Graffiti Ordinance Resolution Department: Planning Ordinance Summary & Recommendation In recent months, the Planning Department has been working with numerous City staff members and several businesses in La Porte to discuss the graffiti problem that currently exists within our City. Graffiti can be seen on buildings, over-passes, sidewallcs, billboards and fences. Through research we have learned that most experts on the subject agree that a comprehensive city-wide anti-graffiti progam is one of the keys to reducing violence between rival gangs and preventing urban blight. Ctuick removal of graffiti often deters future vandalism. On September 11, 1997, and September 18, 1997, a presentation on the subject was made by Planning staff to members of Executive Stall: On October 20, 1997, City Council held a workshop to discuss the proposed graffiti ordinance. No action was taken during that meeting. The ordinance that staff will present to Council for their consideration at a later date, has been revised to incorporate changes that were suggested during the October 20~' workshop meeting. In an effort to introduce the proposed ordinance to the business community, the Director of Planning attended two meetings of the Small Business Committee at the Chamber of Commerce on October 30, 1997, and December 4, 1997. The revised ordinance that staff is presenting for future consideration by Council follows this report. Action Required by Count: Conduct workshop to discuss revised graffiti ordinance. Availability of Funds: N/A CTerteral Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: Yes No Approved for City Council Agenda Robert T. Herrera Date City Manager Inter-Office Memorandum To: Robert T. Herrera, City Manager ....~;J From: Guy Rankin, Director of Planning CC: John Joems, Assistant City Manager Date: December 8, 1997 Subject: Revised Graffiti Ordinance Attached, please find a copy of the proposed Graffiti Ordinance. The revisions to the document are based on comments received during the City Council Meeting of October 2C1, 1997, and staffs review. It is also based on information obtained during two meetings I attended with the Small Business Committee at the Chamber of Commerce on Ocfiober 30, 1997, and December 4, 1997. I believe the proposed ordinance is ready for review by City Council. Mayor and Council: For your review, I have attached the proposed Graffiti Ordinance, which incorporates suggested revisions. Please note that staff plans to schedule this item for workshop and adoption in January 1998. ~~ December 9, 1997 RTH ee~ ~l C- • ORDINANCE NO. 97 - AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE PUBLIC WELFARE OF THE CITY OF LA PORTE, TEXAS, BY PROHIBITING THE SPREAD OF GRAFFITI VANDALISM; AND ESTABLISHING A PROGRAM FOR THE REMOV~IL OF GRAFFITI FROM PUBLIC AND PRIVATE PROPERTY; REQUIRING TIRE REMOVAL OF SAID GRAFFITI; MAKING IT UNLAWFUL FOR ANY PERSON TO DEFACE ANY PUBLIC OR PRIVATE PROPERTY; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANl' SUM NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) AND EACH D~1Y OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, pursuant to Texas law, including the City's powers as a home rule municipality, the City may enact ordinances to protect the health, safety and welfare of its citizens; and WHEREAS, the City Council has determined that unauthorized markings, including graffiti, on buildings and other structures constitute a visual blight and safety hazard, and are often used to identify gang territory, promote organized crime and provide a communication system for gangs that furthers criminal activities; and WHEREAS, the City Council has also determined that visual blight as described herein contributes to neighborhood deterioration and damages property, as well as being objectionable and unsightly, and therefore constitutes a public nuisance; and WHEREAS, the City Council finds that visual blight as described herein is a public nuisancE:, and as a result, wishes to provide for the abatement thereof within the City of La Forte; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF LA PORTE, TEXAS, THAT: SECTION 1. DEFINITIONS. Graffiti shall mean any daaut~etized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti impteme:nt, +^ ~~° °~'°^~'~ e • ORDINANCE NO. 97 - DRAFT Wednesda~~, December 3, 1')')7 11:15 a. m. PAGE 2 Graffiti Implement shall mean an aerosol paint container, abroad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface Owner or Occupant shall mean the record owner of the lot or parcel er-etf~ef .. .. pe~se~-s .:::::::::::::::::::::::. ........:. (~......................p.:..........:... n of ~rni t nlormm~nt it nri~n hn '°"> to ~ h the tenant of a restdenflaf ar cQrr~mercal property:: ~~~r~o,-,= ., ,.. ~...................-.., rtv r~r tho ton~nt of ~ i Unauthorized shall mean without the consent of the owner or occupant or without authority of law, regulation or ordinance. Unless the owner proves otherwise, lack of consent will be presumed under circumstances tending to show (i) the absence of ................. .................. evidence of specific authorization of the ~rati by the owner, (ii) that .:::::.:.::::.::.:: the graff€t;~r+sual--bl-iQ#t is inconsistent with the design and use of the subject property, or (iii) that the person causing the gfft~-v+saaa-bliQbt was unknown to the owner. V+saal--f~+~ pa+g--~sr~#~s ~ ~ s--+a+t~ials: SECTION 2. GRAFFITI AS A NUISANCE. The existence of graffiti on public or private property in violation of this Ordinance is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this Ordinance. It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti. SE-GTION~SECFON3 REMOVAL OF GRAFFITI BY PERPETRATOR. Any person applying graffiti on public or private property shall have the duty to remove within seventy-two (72) hours after notice by the City. Such removal shall be done in a manner prescribed by the City Manager or duly designated agents Any person applying graffiti shall be responsible for the removal or for the payment • ORDINANCE NO. 97 - DRAFT Wednesday, December 3, 1)97 11:15 a.m. NAGS 3 of the removal, provided that the owner of the property gives consent for the perpetrator to enter the affected property for purposes of said removal. An e€#}seF of of the City of La Porte shall be present at all times that a perpetrator has re- entered aproperty for purposes of removal of graffiti, for purposes of supervision of the removal. It is an unlawful act, punishable in accordance with the terms of this ordinance, for any person to fail to remove graffiti or pay for the removal of graffiti applied by such person. SECTION 4. REMOVAL OF GRAFFITI BY PROPERTY OWNER. If the perpetrator does not remove graffiti, graffiti shall be removed pursuant to the following provisions: 1. Property Owner Responsibility. It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the City to permit property that is defaced with graffiti to remain defaced for a period of thirty (30) days after being issued a warning notice about the defacement. 2. Exceptions to Property Owner Responsibility. The removal requirements shall not apply if the property owner or responsible party can demonstrate that: (a) The property owner or responsible party lacks the financial ability to remove the defacing graffiti: or ~ ~Ie(~-tho romn~i~l of Oho ~FaF~l~l--a~--~2 FS--9(3-f1~2-W+t~ tl~e-~-Ft-y-af~ld-f-rf~6t-+71@F8-t~laFl-~B -day-S-VW tai IFl-a~y~l2. ORDINANCE NO. 97 - DRAFT' Wednesday. December 3, I'1'J7 I:I~ u.m. S€G-T191~1-3. 5'EC''1'ON?'S HEARING. PACE a The owner capr~t of a lot or parcel subject to abatement under this .. ordinance may request a hearing by notifying the building official within ten (10) days following the date the city mails ~ notl+re of vlnl~ttnl'7 .The hearing shall be conducted by a hearing official designated by the City Manager or his designee, for the purpose of determining whether the conditions constitute a public nuisance under the provisions of this ordinance. Unless notice is waived by the owner, the owner shall be provided written notice of the time and place of the hearing at least ten (10) days prior thereto. At the hearing, the owner and the building official may present any evidence relevant to the proceedings, in accordance with reasonable rules adopted by the City Manager or his designee and subject to approval by the city attorney. If the hearing official finds that conditions constituting a nuisance hereunder exist, the hearing official shall issue an order so stating. ~ E-~14N-6-RR9ktJ BI-T€B--A~- /~ ~4-be-~-eta I~--gfa##+t~-to-ar~y ar+~-tkie-pe~+~sien Iav+ff~J-€eF r}6o_=_~ao r+f oinh+oon /'1 S2\ ,io~~.~~e>~.~~ If~l 61fl~~, f~^-~'i+rie~ Ins-~~ea-P~+b{+c-prepe~y-e~~f3on--pr+Vat2 preper-t-y-w~tk~o~lt--tie--Misr-~nrH++«~n-eo^~e~ -off -t~kie ewr~e~ er eseopa ~ ~e-~repe~+,~~ he~fev--s+o+~s- -e#---t#rs ~eGt+ea--s#~all-eet-app{-te +ho ^^°°o~°ie+~- of -bread-t-+~~ed ra~arker-s--by-a-rte i r~er-a tter~d+~g-er-tfavel+eg-te-er--frer~-a-sc~eol--at w#+c-#-t#~e-rrair~er=+~s-enFet4ed-if-tie-mFno~-i-s--par-t+E+~a~+r}g-++~ a-c-lames at-t#e--sc- #ool-tai a t-for~a4fy--req+~ +r~s--the--pe sse s s+ae-ef bread-t+pped-r-nafker-s- ~~}-Ifl-9es+g+~ated Ra b I i e RI a ses. I~~^ "a.,-ve~r~4awf~l-ferry-per-see t8-~RBw~F~yl.~ nr inton+inr~^Il,i ~ ico ~r nr',cc~~GJ~_uii+Fi in+on+ +n i ice ORDINANCE NO. 97 - DRAFT Wednesda~•, December 3, 19)7 11:15 a. m. S E-G~19 N-~A~~S I B I N~-6 R-A ~F-I~N M P-~E-M ~-N~ sue-. PACE ~ ~ ~ ~ ~ ~ rr, i c h i n n is e ~ iil sr-s P r-,e~i I~I-1: E~-1#~#aa~4-~e-~a~a~rv€e~#er--any-pe~ser~ A~ of t-~}~C1-2-~ ~f' EFt ~-Af I e~~ a I Q ~+ardi alb-tt7 L n n~ ~ i i n n I~ i c o 1 I °c~ h "rr~c-~'ivi~-' ~ ivaT~~ , r~9e~+~e~-leafled-s~e~e~+~e €t~r-e+sbe-aeFesel--Pai~sae r~ ~ NeFSei'1 ~n~er the-ag^ of oinh}oon ~, Q~ ,,.ea sefl~-efi~k~e , Qes-a -e~a+l-Eee~E+al-e~a~l+sn~ e~-srea I++~~ Qa~~s ea~gi~ , a d-t+p seat-a+~e~s, -s~Tc-I~~.~ -er -mar-I4er-s- -+r~- -afl- --a>`ea- c-or~~ir~,o~~ly a~~er-ua~e-t~re~tg I-ebser-va~ien- o~ -sur-~e+E~aec-e pry1l~.pmGnn+ h„ omn~^„oo~ n{ }he-Fed,a+4-e-s~ab~}~k~meni-~dur-+r-~g-~#e Fe ~z1Yrl--ci~~ ~c~~ai '~ r~nmmorninl ro+-+il oc}~hlichmon} is i in~~}~~ &1:6Fe-~~12-&2FA8e Fg~-~}~e~ m-~rLorc in r+n -~~a~c nrn~iirle~a~~~ }~.ctnh~iII~~T~r_~~~ siege-tie--ser~taiee; s~-PT-°iE°~I'~°~, any-,^;e. ens-.;~.ra--area--ae~ ~r•nocc;h~o }„ +h~~~lis-ire-~#e-~eg~Ja~e+~rs~c~~a~:ness ssi-sta+~se: ~~,u~~ ~a+~-Eel~+~er-eial tcltNt~-{~Nlomon}c ch•~.,~- u S9R-~~9 ~of~r•oc ronl nr nor~~n~ l nrnnprt~~ ~eii}h r»~_~a~,~~~er ~iry~ iir~ .. ~ ., .. ~ .~ ~. 1.. '-Pr°T~`'r` Y-. {°.~r rcrrP° r-^.,c`fcrr° Or r~o,iir•o is n~Jf~~T-$-Fi(~{~}e-~~Ir-1'~:?Yt~e-~-~-1r-~~ricni~7vr^iii/f~-tiY-~}~ ~e-~~-}~ea~s-aad/a~-a-~+ee-ep-~e-$1-0-000-00. ~~ • i • ORDINANCE NO. 97 - DRAFT Wednesday, December 3, 1)97 11:15 a. m. ~E~TION-~. SEC~'t.~t~`6. RIGHT OF THE CITY TO REMOVE. PACE G R~ht of Entry on Private Property. If the City has requested consent to remove or paint over the offending graffiti and the prefer-t-y--eaw~er--ef--r-espe~sible--~a~ty .................................................. o?ner?''oitcca?f has refused consent for entry on terms acceptable to the City and consistent with the terms of this Section, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified below. Correction or removal by City-Generally. In the event of the failure, refusal or neglect of the owner o'r:o;ccr-t of any premises or property to comply with a notice given him pursuant to this article, it shall be the duty of the City Manager or his duly designated agents to cause the graffiti matter or condition constituting a nuisance to be promptly and summarily abated, in a reasonable and prudent manner, at the expense of the City. The City Manager or his duly designated agents shall carefully determine the cost of such work done and shall charge such cost against the owner of such premises. ~~~f--E~~~f~tittl~ ~i ~lhnri~orl ~ inrlor Ihic v(rr}l~n fn ~ nonor~l .^.~r;tr^ }I ho ~nrontorl h~~ 1he-C•{t-y-~B~}~~~-I-a$ t~-1e-18We$t-2nra hnc+ coi-~ ~rn~-~FE~-f8F-~91F1C,~--the-V~9f-k-Fll2~t~FAF}eC-t-~If~ t~IS $26t16F1-F~1~~IK1C,~ a-st+~+lated-t+n;~ ^~-~~oi-to-e-weed-eee-~~-~--yea{. SE-GTION-8. SECTION' Z PENALTIES - P:ERPETR/1TOR (a) Restitution. In addition to any punishment specified in the Texas Penal Code, the court may order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and severely liable with the minor to make the restitution. ORDINr~NCE NO. 97 - URAF"i' Wctlncsd:n, December 3, I'1')7 I:I~ a. m. PAGE 7 (b) Community Service. In-lieu of, or as part of, the penalties specified in this ection a minor or adult who is convicted > <''` ` ` '`'"'>` `~`""" `"`< ' «''>:'~ i`' S of ::air?I~~Y!f?g.>;:9rafftt-:<;~o;:<.P:ub~.;e,., or ............................................ 'tep may be required to perform community service as described by the court based on the following minimum requirements: (1) The minor or adult shall perform community service. (2) At least one parent or guardian of the juvenile shall be in attendance a minimum of one-hundred percent (100%) of the period of assigned community service. If the parent chooses not to attend community service the penalty prescribed by the court system shall be doubled. (3) The entire period of community service shall be performed under the supervision approved by the Court. SECTION S ;:'PENQLTI:ES OINNER/QCCLtPANT SEAT-I~lAJ-1-0. SE.CTI.ON:9. FILING OF STATEMENT OF EXPENSES INCURRED After compiling the cost of the work and after charging the same against the owner of the premises, the City Manager or his duly designated agents, shall file a lien on the property if the owner of the premises fails to pay the expenses wlfhin 15 days of ... rece,pi of sfaterner ORDINANCE NO. 97 - DRAFT Wednesday, December 3, 1997 I1:1S a.m. PACE K To remove a lien from a property the owner must pay the cost of the lien, in addition to, $50.00 per property for administrative costs. ....................................... . ........................................... ......................................... S€GTI4N--; ;-. S`EC:~`iON><<;€<;7!Q. ABATEMENT AND COST RECOVERY PROCEEDINGS. Lien. Upon filing the statement of expenses with the County Clerk, the City shall have a privileged lien upon the land described therein and upon which such improvements have been made, in accordance with the provisions of Texas Codes Annotated, Health and Safety Code, Section 342.001, et seq. Such liens shall be second only to tax liens and liens for street improvements to secure the expenditures so made, and shall bear ten per cent (10%) interest on the amount of such expenditures from the date of such payment by the City. For any such expenditures and interest, suit may be instituted by the City Attorney and recovery and foreclosure of the lien may be had in the name of the City, and the statement of expenses made, or a certified copy thereof, shall be prima facie proof of the amount expended in such work or improvements. Upon payment of the full charges assessed against any property, pursuant to the procedure set forth in this section. the City Manager or his duly designated agents shall be authorized to execute, for and in behalf of the City, a written release of the lien heretofore mentioned, such written release to be on a form prepared and approved in each case. by the City Attorney. II ho~io +ho rinh+ +n r•nn+rnr•t ~eii+~t_~i to ~mn~~ ~ "' `„`7 '"""""'tor r~~--v~-rnTQ~'l~i~p&t$+~-aF~eRt-S-8A-9--69-aF1~--~y-a~F2effl`J'--~`' -F".'! i t~e~e fefe~pe~-add~ss- ~e~{oc of +,nin /7\ nr mn ' f aC-Fea~e-tA-~e-6~afQed-a~afR~t-Sl~6~-~Fg~er+'rry-f~ e #}~-j- SE-GTION 1~. SECTION 11. TRUST FUND. The City Council hereby creates the City of La Porte Anti-Graffiti Trust Fund. Penalties assessed against violators of this Ordinance shall be placed in the fund. along with any monetary donations received from persons wishing to contribute to the fund. The City Manager or his duly designated agents shall direct the expenditures of moneys in the fund. Such expenditures shall be limited to the payment of the cost of graffiti removal, the payment, and rewards to report violators at the discretion of the City Manager or his duly designated agents and the costs of ORDINANCE NO. 97 - D Rr1 FT Wcdncsda~~. Ucccmbcr 3, 1997 I1:1S a.m. PACE 9 administering the Ordinance. The Council may approve such other public purposes as by resolution. The reward shall be in any sum not more than two hundred and fifty dollars for information leading to the capture and conviction of the violator. SECTION 13. SEVERABILITY. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence: phrase or clause. or part thereof, may be declared invalid. SECTION 14. OPEN MEETINGS COMPLIANCE. 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 City Councii is 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 Chapter 551, Tx. Gov't 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 15. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. • ORDIiY'ANCE NO. 97 - e U RAA F"I' Wednesd:n•, December 3, 1917 I I:IS a.m. PASSED ANC) APPROVED this the day of , 1997. CITY OF LA PORTE By: ATTEST: Martha Gillett, City Secretary APPROVED: Norman L. Malone, Mayor PACF~ la John D. Armstrong, Assistant City Attorney • WORKSHOP ITEM B FZEQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 1998 Requested By:_ Guy Rankin Department: Planning X Report Resolution Ordinance Exhibits: 1. ProF~osed Ordinance SUMMARY & RECOMMENDATION The City Council asked the Planning and Zoning Commission to review our non- conforming structures, uses, and lots of record. 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 five meetings regarding the subject. After a comprehensive review by the Commission, public hearings were held to receive citizen comment. On January 11, 1997 the Planning and Zoning Commission forvNarded to City Council recommendations in the form of proposed changes to the ordinance. Since May 1996, Staff has received input from Council, P&Z, and staff recommending additional revisions to the draft ordinance. The following represents the proposed changes to the Ordinance 1501. Recommendation Staff recommends forvvarding the Ordinance revision to a Public Hearing. Action Required by Council: None at this time., {Workshop Only) Availability of Furids: _ GenE:ral Fund _ Cap~tallmprovement Account Number: _ Water/Wastewater i General Revenue Sharing Funds Available: YES NO -q8 Manager • • ~~~~~ DIVISION 8. SITE PLAN Section 106-236 Certified Site Plan Required. Any person desiring to improve property shall submit to the City of LaPorte Planning Department a certified site plan of said premises and information giving the location and dimensions of Existing and proposed buildings and parking lots, location of easements crossing the property, any and all encroachments, and other information which may be necessary to Ensure conformance to this Ordinance. 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; 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; or 3) Said construction consists of the modification of an existing residential structure. Section 106-23'T Conformance with Thoroughfare Plan. All buildings sh<~II be placed in such a manner that they will not obstruct future streets which may be constructed using existing rights-of way or dedicated rights-of-way in accordance with the adopted thoroughfare plan of the City of La Porte. Section 106-238 One Principal Buildin4 Allowed Per Lot. 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 Adjustrnent. Section 106-23!~ Application of Yard and Parking Requirements to Through Lots. On a through lo't 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 regulatic-ns of this Ordinance. 0:\CLP\Ordinances\Non-Conforming Uses Working Copy - 01/08/98 ® • Section 106-240 Minimum Building Setback. Except in a planned unit development, no building shall be located closer than ten (10) feet from any e~;isting or proposed street right-of--way. Sections 106-241-106-260. Reserved. DIVISION 9. NONCONFORMING BUILDINGS, STRUCTURES AND USES Section 106-261 Generally. The general public, the Planning and Zoning Commission and the Board of Adjustment 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 and Zoning Commission and the Board of Adjustment 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. 1) A use that conforms to the zoning regulations on the effective date of this Zoning Ordinance at the time of initial development of the site shall not subsequently be deemed .a non-conforming use solely because the use changes on an adjoining property. 2) Accessory Use of Structure. No structure that is accessory to a principal non-conforming use or a non- conforming structure shall continue after such principal use or structure has been terminated, removed or otherwise brought into compliance, unless it complies with all of the regulations of the district in which it is located. 0:\CLP\Ordinances\Non••Conforming Uses 2 Working Copy - 01/08/913 • Section 106-262 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 Article V, Division 2, Accessory Buildings, Uses, and Equipment, of this Ordinance. 2) Continuance of Non-Conforming Structures. Subject 1:o 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-confirming structure shall be enlarged unless the enlargement is made in accordance with the provisions of section 106-262 (7) of this Ordinance. 3) Accidenital 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 unless it conforms with the provisions of this Ordinance. 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 of the City of LaPorte, Texas 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 repairs 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 sub-standard under the codes and ordinances of the City of LaPorte, Texas, and the cost of placing such structure in lawful compliance with applicable ordinances exceeds fifty percent (50%) of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the Enforcement Officer determinE;s ~ that such structure is obsolete or sub-standard. The Enforcement Officer of the City of LaPorte, Texas shall notify the owner of such non-conforming structure, as shown on the certified tax rolls of the City of LaPorte, Texas, as to the date of termination of the right to operate and maintain such non-conforming structure, and as to the procedure to be followed to bring such structure into compliance with this ordinance, or other codes and ordinances of the City. The burden o~f 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 stru~;,ture. 0:\CLP\Ordinances\Non-Conforming Uses 3 Working Copy - 01/08/98 • 5) Determination of Replacement Cost.. In determining the replacement cost of any non-conforming structure, the cost of land or any factors other than the non-conforming structure itself, shall not be included. 6) Repairs and Alterations. Repairs and alterations may be made to anon-conforming building or structure; providedv that no external alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use. No additional dwelling units shall be added where the non-conforming use results from there being mc-re dwelling units on the lot than is permissible in the district in which the building i:s located. 7) Enlargement to Non-conforming Structure. A structure that is non-conforming may be altered, remodeled or otherwise improved, but not enlarged, unless the Board of Adjustment determines (pursuant to Section 106-191) 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 it is located. a) Submission of Schedule to Eliminate Non-conformity. 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 20 years, or setting forth the reasons why such action is not reasonably possible. b) Approval of Schedule by Board of Adjustment. The Board of Adjustment shall review and make any revisions found necessary to ensure that priority is given to elimination or reduction of those non- conformities that have significant adverse impacts on surrounding properties, and which can reasonably be ameliorated taking into account the effect of the configuration of the lot and the location of existing structures and the cost of eliminating or substantially reduciing such non-conformities. 8) Abandonment of Non-Conforming Use or Non-Conforming Structure. A non-conforming use shall be deemed abandoned when the use ceases to be used for the non-conformity for a period of one-hundred eighty (180) consecutive calendar days. The non-conforming use, when abandoned, shall not resume. A non-conforming structure shall be deemed abandoned when the structure ceases to be used for the non-conformity for a period of one-hundred eighty (180) O:1CLP\Ordinances\Non-Conforming Uses 4 Working Copy - 01/08/98 consecutive calendar days. The use of the non-conforming structure, when abandoned, shall not resume. When it has been determined by the Enforcement Officer that anon-conforming use or structure has been abandoned, notification shall be made by certified mail to the owner (as shown on the certified tax rolls) of the abandoned non-conforming use or structure: The owner or his representative seeking to maintain such non- conforming use or structure may appeal the Enforcement Officer's decision to 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 oi` Adjustment in such appeal that the structure or use has not been abandoned for a period of one hundred eighty (180) consecutive calendar days, and that: the owner or his representative did not intend to abandon the non-conforming structure or use during said one hundred eighty (180) day period. Section 106-263 Non-Conforming Uses. 1) Continuance of Non-Conforming Uses subject to this Ordinance. Subject to the provisions of this Ordinance relating to extended useful life 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 non-conforming use on the effective date of this ordinance, provided that such land area or floor area shall not be increased, except that such limitation shall not apply for farming uses. 2) Changirna aNon-Conforming Use. Any non-conforming use or structure may be changed to a use conforming to the regulations established in this ordinance for the district in which the non-conforming use or structure is located, or the non-conforming use or structure may be changed to a use or structure more conforming to the zoning district in which thE: non-conforming use or structure is located. For purposes of this section, the term "more conforming to the zoning district in which the non-conforming use or structure is located" shall mean a less intense use, (per the Standard Industrial Classificaition Code). Whether or not a use is more conforming to the zoning district in which the non-conforming use or structure is located is a question to be determined by the Planning Director, subject to appeal as provided in this Division. A non-conforming use or structure so changed shall not thereafter be returned to anon-conforming use or structure. 0:\CLP\Ordinances\Non-Conforming Uses 5 Working Copy - 01/08/96 CJ • Section 106-26.4 Notification of Non-conforming Status. Owners and occupants of property subject to extended useful life and/or termination of non-conforming status pursuant to this Ordinance shall be notified of such status by the Planning Director of the City of La Porte. The Planning Director shall mail written notice, prior to or concurrently with the notice of public hearing pursuant to 106-266, to all persons having an interest in property (as shown by the tax rolls of the City of La Porte) where the property is located and 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 a determination of its extended useful life and termination requirements and shall specify the procedures for obtaining an exemption from the extended useful life and termination requirements of 106-265 and 106-266. Section 106-265 Application for Exemption from Extended Useful Life Requirement. 1) Application Requirements. An owner or qualified occupant of anon-conforming use or structure may seek an exemption from the extended useful life and termination requirements of Section 106-266. The grounds upon which such an exemption may be sought shall be either: (i) that the non-conforming use or structure has no adverse impact upon allowed land uses in the district in which it is located; or (ii) that the non-conforming use or structure can be made compatible with such surrounding uses upon compliance with specified conditions. Such owner or qualified occupant shall submit an application to the Planning Director, on a form provided by the Planning Director, no less than 10 working days prior to the date scheduled for the public hearing being conducted pursuant to Section 106-266 2) Board RE:view and Decision. The Board of Adjustment shall hold the public hearing pursuant to Section 106- 266, following the procedures for hearings before the Zoning Board of Adjustment establishE:d in the Zoning Ordinance; and shall consider the application for an exemption from the extended useful life and termination requirements of Section 106-266. The owner or qualified occupant shall have the burden of proving the grounds i~or the exemption sought. Upon conclusion of the hearing, if the Board of Adjustment finds that 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 the imposition of specified conditions, it shall exempt the non-conforming use from the extended useful life and termiination requirements of Section 106-266, and impose such conditions as it finds necessary to ensure reasonable compatibility with surrounding properties and uses, 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 0:\CLP\Ordinances\Non-Conforming Uses 6 Working Copy - 01/08/98 ® • operations; and (iii) a specified term of years for which the exemption shall be granted. If the Board of Adjustment does not authorize an exemption from the extended useful li1~e and termination requirements of Section 106-266, it shall after considering applicable law, information presented at the hearing and other factors deemed relevant by it, establish an extended useful life period for the non- conforming use in accordance with Section 106-266. 3) 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 Section 211.011 of the Texas Local Government Code. Unless properly appealed within 10 days of the date the decision is filed in the Board of Adjustme:nt's office, the decision of the Board of Adjustment is final and incontestable. Section 106-266 Extended Useful Life and Termination. 1) Extended Useful Life of Specific Non-conforming Uses. Non-conforming uses shall be terminated at the end of an extended useful life period established by the Board of Adjustment in accordance with this Section. The extended useful life period to be established shall not be less than 5 years, nor more: than 20 years from the effective date of the Order of the Board of Adjustment, unless the Board determines on the basis of expert appraisal testimony that a greater extended useful life period is necessary to enable the property owner to recoup the current remaining useful investment in the property made prior to the date of the order of the Board of Adjustment establishing the extended useful life period. The Board of Adjustment, shall hold a public hearing, as requirE;d by Subsection (2) below, to establish an extended useful life period or to consider an application by the non-conforming user for exemption from the extended useful life and termination requirements set forth in this Section 106-266. If the Board of Adjustment grants an exemption, the use shall be known as an "exempted non-conforming use." If the Board of Adjustment does not grant an exemption, it shall establish an extended useful life period subsequent to the hearing procedure established in Subsection (2). If an application for exemption from extended useful life is not submitted, the Board of Adjustment shall establish an extended useful life period pursuant to Subsection (3). 0:\CLP\Ordinances\Non-Conforming Uses ~ Working Copy - 01/08/98 ® • 2) Public Hearing. a) The E3oard of Adjustment shall hold a public hearing to establish an extended useful life for each non-conforming use subject to notification pursuant to Section 106-264, or to consider an application for an exemption from the extended useful life and termination requirements of this Section as allowed in Section 106-265 and this Section, but subject to the following notification requirements: i) 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; ii) 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 iii) Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feet, as determined pursuant to Section 106-89, of the lot line of the land subject to the application, inclusive of streets, alleys and rights-of--way, and to civic associations registered with the Planning Director, whose boundaries are wholly or partly within said 200 foot area b) Upon notification of the time and place of the public hearing, the owner or occupant of the non-conforming use to be subject to the extended useful life requirements of this ordinance may apply to the Planning Director for an exemption from extended useful life and termination pursuant to Section 106- 265 and include written information and documentation supporting a claim for an exemption from any extended useful life period. In the event the Board of Adjustment does not grant the exemption applied for, it shall establish an extended useful life 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 allow the owner to recoup the current remaining useful investment in the use made prior to the effective date of the order of the Board of Adjustment establishing the extended useful life period, specifically including but not limited to the testimony of experts in the field of property appraisal. The owner's or applicant's failure to submit evidence to support an extended useful life 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 extended useful life period that the Board of Adjustment establishes. 0:\CLP\Ordinances\Non-Conforming Uses 8 Working Copy - 01/08/98 e 3) Extended Useful Life Period. In the event the owner or qualified occupant does not apply for exemption from an extended useful life period, the Board of Adjustment, at the public hearing, shall establish an extended useful life 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 qualified applicant to recoup the current remaining useful investment in the use made prior to the effective date of this Zoning Ordinance, specifically including but not limited to testimony of experts in the field of property appraisal. The extended useful life shall not be for less than 5 years nor more than 20 years from the effective date of the useful life period, unless the Board determines upon the basis of testimony from experts iin the field of property appraisal presented at the public hearing, that an extension of the useful life period is necessary to enable the property owner to recoup the current remaining useful investment in the property made prior to the date of the order of the Board of Adjustment establishing the extended useful life period. 4) End of Extended Useful Life Period. At the e:nd of the extended useful life period established by the Board of Adjustment for a particular use, the use shall terminate. Section 106-267 Revocation of Non-conforming Use Status. Upon the recommendation of the Planning Director or a motion of the Board of Adjustment, the Board of Adjustment shall undertake a review of (i) any non-conforming uses; or (ii) any exempted non-conforming uses established pursuant to 106-265 or 106- 266 and, after a public hearing and investigation as to the particular use in question, may require the revocation of the use status and the extended useful life period or may order the termination of such use. For purposes of this Section 106-267, a use described in (i) or (ii) above, shall be herein sometimes referred to as a "Revocable Use." 1) Initiation of Revocation Procedure. The Board of Adjustment shall undertake a review of any Revocable use only upon: (i) its own motion, upon a determination that a reasonable probability of one or more c~rounds for termination under 106-267(3) exist; or (ii) a report from the Planning Director recommending revocation of such Revocable Use, which shall be basecl upon a determination that a reasonable probability of one or more grounds for termination under 106-267(3) exist for such recommendation. 0:\CLP\Ordinances\Non••Conforming Uses 9 Working Copy - 01/08/98 • 2) Board Notice. Review and Decision. Upon it;> own motion, or upon receipt of the Planning Director's report recommending the revocation of the status of the Revocable Use, the Board of Adjustment shall hold a public hearing to consider revocation of a Revocable Use. Prior to holding such hearing, the Board of Adjustment shall provide public notice as follows: a) Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to all persons having an interest in the property as shown by the certified tax rolls of the City of LaPorte and to the occupant or occupants of the property containing said Revocable Use at least 30 days prior to the date of such public hearing; b) Publication at least 30 days prior to the public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the City; and c) Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feet as determined pursuant to Section 106-89, of, the lot line of the land subject to the application, inclusive of streets, alleys and rights-of--way, and to civic associations registered with the Planning Director, whose boundaries are wholly or party within the 200 foot area. Upon the conclusion of the public hearing, the Board of Adjustment shall deterrnine, on the basis of written findings of fact and conclusions, whether the status. of the Revocable Use should be revoked and the use amortized or terminated. In making its determination whether or not to revoke, the Board of Adjustment shall consider the standards set forth in Section 106-267(3), and if it determines to revoke, it shall, in accordance with applicable law, after considering evidence presented at the hearing and other factors consistent with the purpose of this Zoning Ordinance, establish an extended useful life period for the owner to recoup the current remaining useful investment in the use made by the owner prior to the time the use became non-conforming, in accordance with the procedures set forth above. The Revocable Use shall terminate at the end of the extended useful life period or the termination date, as the: case may be, as established by the Board of Adjustment. 3) Requirecl Findings and Standards in Board-Determination of Revocation. To support a finding and conclusion that revokes the status of a Revocable Use based on written findings of fact and conclusions, the Board of Adjustment must find any of the following (i) a violation of any condition Imposed by the Board of Adjustment pursuant to 106-265(2); (ii) that the continuation of the Revocable Use materially and continuously interferes in an adverse manner with the 0:\CLP\Ordinances\Non-Conforming Uses 10 Working Copy - 01/08/98 • implementation of the legislative purposes of the zoning district in which the use is located, or (iii) a pattern of repeated occurrences of one or more of the following with respect to the Revocable Use: a) NoisE: above the maximum permissible limits, as set forth in the Zoning Ordinance, or in any other City ordinance; b) Traffic generation of more than twice that of the same use or use of a similar natures, based on rates set forth in the most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual; c) Noxious or annoying emissions of odor, smoke, wastewater, light or other matters; d) Hour: of operation that begin prior to 7:00 a.m. and extend beyond 10:00 p.m. and as such exacerbate general noise or traffic; e) Lack of substantial compliance with applicable City codes and ordinances; f) Polices reports on alleged criminal activity associated with the non-conforming use; or g) Similar factors. 4) Non-conforming 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 non-conforming 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 makinc~ 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) A~aeal. 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 Section 211.011 of the Texas Local Government Code. The decision of the Board of Adjustment is final and incontestable unless appealed to 0:\CLP\Ordinances\Non••Conforming Uses 11 Working Copy - 01/08/9!3 • the distri~:,t court within 10 days after the date the decision is filed in the Board of AdjustmE~nt's office. Section 106-268 Non-Conforming Lots of Record. 1) Continuance of Non-Conforming Lots of Record. Subject 1:o 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 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 non-conforming lots of record, unless said change in use or occupancy is first submitted to the Planning Director for review. The Planning Director shall review said proposed change in use or occupancy, for purposes of insuring maximum compliance with this ordinance, taking into account the particular restraints imposed by the degree of non-conformity of said non- conforming lot of record. 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 this ordinance. 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 ordinance. 2) 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 recognizE:d as a conforming lot and shall comply in full with the provisions of these regulations; provided however, that anon-conforming lot of record that is made conforming shall not thereafter be changed back to anon-conforming lot. Section 106-26!a Zoning of Annexed Property. 1) Temporary R-1 Classification of Annexed Property. 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 recorrrmend to the City Council a permanent zoning classification. The procedure for making permanent such classification shall be the same as is O:1CLP\Ordinances\Non-Conforming Uses ~ 2 Working Copy - 01/08/98 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 annexation. 2) Develoaments Presented to Citv Prior to Annexation. In the event a development or subdivision is presented to the City Planning and Zoning Commission prior to annexation, that specifies a particular land use, the Planning and Zoning Commission may recommend zoning categories to the City Council, after hearing, so that permanent zoning may be considered simultanE;ouslyand in conjunction with the annexation proceedings. 3) IssuancE: of Building Permits in Annexed Areas. 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. ~y}~ ~`y~~+n+w~l~+l~rv~~r~+n L~ nrn 1~~ ~nn ~; nr~ ~rn+i~r~ in ~n,nirl~ r~n l nin+ri`in`+'n`+,~r" I ' ~lei~/vcLr T7 ' ~P~;~ ~p G ~ f ~~ y~ G~r - le' F Q- e~"LI T ' tQ7 ~ n TR~ T ~S + 1~ ~ n r 1 ~~ ~ n n ~ ~ r ~ R CT tFi l ~;t~ n nll -ve 7 CI Ge L~I -[e ~ ~ i - .~7• 'LLt ' C IJFY~}~ ' LQYefr QQ un en+n 4+linl~m~ n+~n `,^' ,.,J +^*,~ ~,I^A~, ~ ~~ ~' ^I,~, ~., ~ I n nn nr r+ erm i+ ire py'n+ nn ter, +1~., o{{~n+i~i~ rln+ h1 YGI KQCC ~TbG11 ~iJ.w ~ n,+ +I~p~ c71b- ...+~. 'Ce'~ o r,r i ii + Qe~.7C, G'i }~p7 ~n ~ T G~TI'i1'I~ii-}~TT~T~ G~7j~~TJC~GG-'CIT[rTi ~ 7nI T rG ~ A] ~ L1LYplyoy~iT'imn-IT n, r. ~G~~ f~TG e G~~I~ T n CG~~ ~~'RQ p I m-rtTfF[IGF7"CILF ~ LR TiV T i r - Q G mGT7•Jr~B~" ~i ~ Sections 106-2~i'1 -106-300. Reserved. 0:\CLP\Ordinances\Non-Conforming Uses 13 Working Copy - 01/08/93 • Ylti G.... ~r'a.w - ® ~ - 1~e~vY.:ai ak,r~:~.v~. ~pv~'C' - -i-~w1~t . CITY OF LA PORTE RAIN FALL MONTH ,:SAN YEAR 1998 SSO DAY ITREAT PLANT I #10 LIFT S #14 TATIONS j #35 ~ #38 CITY W I ~ AVG. i IDE i = 1411N. f MAX. 1 0 - o, o I :~~ o, 2 1 o j = o€ i ~ o ..r. ~ o N; 3 0 0 ~ :~ 0 M 0 XXX ! 4 3.42 5 4.7 4.7 3.5 . ~ 4.26 ~ 4~ 3.42 5 XXX 5 0 0 0 0 0 = 0 0 ~ ~ 0 ! XXX 6 5.09 5.4 4.9 5 5.7 5.21 f ~ 4.9 ( a 5.7 XXX 7 I = ERR ~ ERR o ERR $ ! ~ ERR ~~ ERR ~ ~A ERR 9 j = ERR N ERR ~ ERR I 10 ! I - ERR ERR ~ ERR 11 = : ERR ~ .i ERR ~' ERR ~ 12 ! . ~ ERR ERR ~ ERR 13 ~- ~ ERR :: ERR ~ ERR 14 ! '- ERR ERR ~ ERR 15 ~ ERR ERR 3. . ERR 16 - ERR ~ ` ERR ~' ~~ ERR 17 - ERR ~ ERR ERR 18 - ERR ` ~~: ERR ) ERR 19 ERR ERR ERR 20 - ~ = ERR ~ ERR ERR 21 ERR ~ ERR ~~ ~ ERR 22 = ERR - ; ERR ; ~: ERR 23 ~ _ . ~ ERR ~ ` ERR ERR 24 - ERR ~ ERR ERR 25 -_ ERR .:~ ~ ERR m ERR 26 ERR ERR ; : ERR 27 ~ -' ERR '~ ERR ~:~ ERR 28 ERR '~ ERR ~ ERR 29 ERR ERR .: ERR 30 - ERR ~ ERR F . ERR 31 F~ _• TOT .. . .~ ..~;1~u: A.... ~ 8.51 .. .n. ~.~..° -} 10.4 ..rr .. _~•: v-:~_; ~'~Sh •+. ~ 9.6 .. - ~Rt~:•:.: 9.7 ~: . ~~.t'{ie~.Y.SYM.y... 9.2 - ERR r` r~~... 9.48 ERR ~ 8.51- ERR ~... .. .:i..:ts.'.n~13 ~ ~ 10.4 RAIN DATA COLLECTED DAILY ' TREATMENT PLANT 7;00 AM LIFT STATIONS BETWEEN 7:00 AM & 9:00 AM SSO (X) CAUSE OF BYPASS BLOCKAGE SSO ~OOn CAUSE 01= BYPASS RAIN EVENT ~~ -~ ~` /U~ G;i~~.J ~r~i:~~s ,~' ~c _ .S~-mss ~ ee 164q'°fl °7g A~+~a. ~° ~ e ~ C~r.X ~~ .~~' I~A~ ~ Q ~ ., w OO ~. ~ ~ ~ ~~ • 1 r ~ ~ k . ^ ^ ~ ~ F "' E ' ~ ~ ~ c ~s W ~~ ~v7 r~ {V ~~ . ,oa +-r cu 1--, ~ ~_ t o~ L'~- ~ ~ ~ 1 4? . *"'~ ~ ,+,a ~ ~ ~ as ~" ~~ N !~ ~ ~ ~ = ,, ~ ~ L'~ L~'3 ~ .. r- -~ ~+ N E ~-- --~ i= c • i ~ ~ ~y ~y 4Y: i r~ ~~~ ~ 4 ~~ lf1 k ~ "7~ .--~ - + ~ ~ a ~ ~ 'ae' '~_ , te f3 ~ O ~ t +~ ~' h°.• ~. F-'~ ,~ ---i r ~ ~ w ~ ~ __ i ~$ ~ ~ I ~ ...,. ~~. y !off ~~ ~t •-v :f+ L i ::% t ~~ „'~ ~ ~~ ~'~ r ~ v ~ ~-~ \ ~ ~' ++--~~r= T ~~J 4i : ~ eF TAE g er ~ 1R~f : ~i~ ~ ll C l.1 RRLL e L~ ...r 1~ +i+ jI f .•-t ~ .~~ h ca R .~ . ~:, . ~ _ M ~i n~ ,\ tCi Q tv ~~ i ~ -~ -~ H ' l•J ~ `~ '~ ~,l ,1 / ~~+ ~ I ~ I •`~• 1 i 1 ~' E~ ~ . ~ ~ ~; ~•~ I ~I ~ T I r_. T ~ ~1 ~ }'- <<r, ~f ! +-+ Cam. '~'a ~ t•1 t r ~ ~ ~~ €~ ~ r ~ ~ ~~~ ~ ~~ .. C3~ 1 ~ ^^ 9a ~ E ' c sz. W ~~ Ct~ ^ ~~ f c ~ L~ ~ ~ .. 4~ .. E Q ~.= e L ~ '~+ L ~~ .~ T--I ~',~1- %•- f t~ ~~ u • CITY OF LA PORTE RAINFALL HISTORY 1988 THROUGH 1997 AVG INCHES YEAR RAINFALL 1988 38.9 1989 62.7 1990 50.8 1991 69.0 1992 88.0 1993 81.7 1994 60.4 1995 6.1.5 1996 39.4 1997 73.0 ANNUAL AVERAGE (10 YR) 62.5 CITY OF LA PORTE AVG ANNUAL RAINFALL 1988-1997 10 0.0 :::::::::::.:::::::::::;::.::: :::::::::.::~;.::;v::::::;;:.:..::::.:::::.:.:~::,.::.:.:: ~:.:.: ~::::::::.::::.::::,:.::::...:.:........ ) I 8 0 0 :{:: ~z ~{ ~; ~y `l{M1i ~L~ ~~ii :..: it\4:`t~tiviii~..`vii'::v~<} `:i`Lvv`vyY:.'2v,`v~`~y~~:: .. :.uv.. .... .... v, .. ........, L~.~ M1v nv.v:v.:+n..: .i+wF ~/ t~t ' '" • ' >ii W 0 0 ti •£ . . . yiii:•i Li::L.}v:>i'.it`">.iv}`~~.'} i ~ ~ ii•`:`~iy::ii~2ii>: ` ,`..µti~.`?::: i i%. ::>}):•`.Y;`.:'.: ' i. ~ iiivv~2w:: .i • .~..:..v.....:.:.av: f )~ y . is vi ~: ~! :v.~r. ~.v....w.v..v...:.v v x.. :vCvti:`v"v itiii:i~ v: y ~ ' }: r i:•'.1vL:k~.}i>`itiv ~;Xiiv~ii$iih i`{i~~i.: v: v: ii.iii':: nv..vv:: •: ~' .. : :: : f ~ . 4 . 0 . , ;: ~~~' rn :: ~~ ,.::..w 2ti . ~: ~.z. ..::. f: :. ~~: .~ NJ ~ti ...,. ..w~ : Z o o ~ . i. ~ i. l A . rJ ^'!:. .. v;`~ tti~ i J :~ {J it v f ^ . '.~i~::ii~ x :J r: .,., l~ •~l iyY; :..v J ::}~:::v}:., A: { ..t: ;:• ~. Yrittti~: UU l .:: +~ ~~i~; ~ti?:: ~:: / ~ •: o J . . ?f ~ti~i:i:: v ~• iYJ• :/ J : ;:fr f. ~: • l '.l i ~ iJ V~ ~~ ~O ~~ ~~ ~~ /~~~ V 1~ ~~ ~~ /~ YEAR • MEETIl~TG HANDOUTS ORDINANCE NO. 97 - DRAFT Wednesday, December 3, 1997 11:15 a.m. • PAGE 2 Graffiti Implement shall mean an aerosol paint container, abroad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface. Owner or Occupant shall mean the record owner of the lot or .parcel of-st~ief .. .. ::............:.t~.:......... . Unauthorized shall mean without the consent of the owner or occupant or without authority of law, regulation or ordinance. Unless the owner proves otherwise, lack of consent will be presumed under circumstances tending to show (i) the absence of evidence of specific authorization of the i^ft~ ~ by the owner, (ii) that the ~'` -ui~+al-bl+gk~t is inconsistent with the design and use of the subject property, or (iii) that the person causing the t~ ~ was unknown to the owner. SECTION 2. GRAFFITI AS A NUISANCE. The existence of graffiti on public or private property in violation of this Ordinance is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this Ordinance. It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti. ~E-C~IA~~S~~E~'~ REMOVAL OF GRAFFITI BY PERPETRATOR. Any person applying graffiti on public or private property shall have the duty to remove within seventy-two (72) hours after notice by the City. Such removal shall be done in a manner prescribed by the City Manager or duly designated agents. Any person applying graffiti shall be responsible for the removal or for the payment ORDINANCE NO. 97 - DRAFT Wednesday, December 3, 1997 11:15 a. m. PAGE 3 of the removal, provided that the owner of the property gives consent for the perpetrator to enter the affected property for purposes of said removal. An ef#+seF gr# of the City of La Porte shall be present at all times that a perpetrator has re- entered aproperty for purposes of removal of graffiti, for purposes of supervision of the removal. It is an unlawful act, punishable in accordance with the terms of this ordinance, for any person to fail to remove graffiti or pay for the removal of graffiti applied by such person. SECTION 4. REMOVAL OF GRAFFITI BY PROPERTY OWNER. If the perpetrator does not remove graffiti, graffiti shall be removed pursuant to the following provisions: 1. Property Owner Responsibility. It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the City to permit property that is defaced with graffiti to remain defaced for a period of thirty (30) days after being issued a warning notice about the defacement. 2. Exceptions to Property Owner Responsibility. The removal requirements shall not apply if the property owner or responsible party can demonstrate that: (a) The property owner {-~esideat~ial-eal~y-) or responsible party lacks the financial ability to remove the defacing graffiti: or ORDINANCE NO. 97 - DRAFT Wednesd.+1', December 3, 1'l97 I I :1 S .~. m. . !~~'?It>~~ HEARING. PAGE ~ The owner l'~t~t'jt of a lot or parcel subject to abatement under this ordinance may request a hearing by notifying .the .building official within ten (10) days following the date the city mails ~i?tttsl:t~i .The hearing shall be conducted by a hearing official designated by the City Manager or his designee, for the purpose of determining whether the conditions constitute a public nuisance under the provisions of this ordinance. Unless notice is waived by the owner, the owner shall be provided written notice of the time and place of the hearing at least ten (10) days prior thereto. At the hearing, the owner and the building official may present any evidence relevant to the proceedings, in accordance with reasonable rules adopted by the City Manager or his designee and subject to approval by the city attorney. If the hearing official finds that conditions constituting a nuisance hereunder exist, the hearing official shall issue an order so stating. r ~ ~ R„ nn ~„9~FS--fit -Bf--Ia~e~F~~#9 o.-.T. C1r.7-tv~~i~y ~ i i ~ i , t'FVatG owner-ar +6R-A~ -t'1~~ a~tlae-ssheel-Nast-fer^, ',-.~:y-r-e~-~re~s ~k~ e-pes~es~ I en~-e# f~FA3~-t F~ f3e~-C-1~2F~E2FS- ORDINANCE NO. 97 - • DRAFT wed~>,es~:-y, December 3, 1)97 11:15 a. m. • PAGE 5 \ C~ ~rnichinn + #F Er~sr~ a- r ~ ~ ~ t ~ ~ ~ ~ ~ ~ ~ f~uii-w "'rr-rr'r°cTru- F~~-e$~~pri§nm°Y1c~c°i~ orc~c~h~+ll c+nro Oho ~ ~~TY ~~~~ ~~,-@-t-f-i~w,~u:,~°r~-~FS~~~, ~ ~ +ho r,i ~hlir Ira t ariQ-FRaF~4er~ Irl arl-~F@Q~~ alar-seerse of hi icinocc he re ~~~~ _ - g n AF-~+6e--I~S-Q ~ ORDINANCE NO. 97 - • DRAFT Wcdncsdey, Dcccmber 3, 1997 11:15 a. m. • PAGE (. ~~ ~, SE-GT-IA1~~. 'If~1~~8. RIGHT OF THE CITY TO REMOVE. Right of Entry on Private Property. If the City has requested consent to remove or paint over the offending graffiti and the tite~'{ri~ has refused consent for entry on terms acceptable to the City and consistent with the terms of this Section, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified below. Correction or removal by City-Generally. In the event of the failure, refusal or neglect of the owner ±~r€~i<'I#~t of any premises or property to comply with a notice given him pursuant to this article, it shall be the duty of the City Manager or his duly designated agents to cause the graffiti matter or condition constituting a nuisance to be promptly and summarily abated, in a reasonable and prudent manner, at the expense of the City. The City Manager or his duly designated agents shall carefully determine the cost of such work done and shall charge such cost against the owner of such premises. SE-C~IAN-~. S~~~'1`~~f< PENALTIES - E'I~RF~t~A~['t~R (a) Restitution. In addition to any punishment specified in the Texas Penal Code, the court may order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and severely liable with the minor to make the restitution. ORDINANCE NO. 97 - • DRAFT Wednesday, December 3, 1997 11:1 S :~. m. • PAGE 7 (b) Community Service. In-lieu of, or as part.. of, .the penalties specified in this Section, a minor or adult who is convicted ~p~~~nt~>~>•'~.~~<~ex~~:€laf~c'<€Q ~`''"'~;~;~~~ ~ ~~~ ~~~~~~~~ `~~"~ may be re wired to erform communit service as described b the jfu!~ti~~jr~ q p Y Y court based on the following minimum requirements: (1) The minor or adult shall perform community service. (2) At least one parent or guardian of the juvenile shall be in attendance a minimum of one-hundred percent (100%) of the period of assigned community service. If the parent chooses not to attend community service the penalty prescribed by the court system shall be doubled. (3) The entire period of community service shall be performed under the supervision approved by the Court. -8. ~'E'Ip>9. FILING OF STATEMENT OF EXPENSES INCURRED. After compiling the cost of the work and after charging the same against the owner of the premises, the City Manager or his duly designated agents, shall file a lien on ................................................ ............................................... the property if the owner of the premises fails to pay the expenses ~iv~#j'~>'1dyf ORDINANCE NO. 97 - • DRAFT Wednesday, December 3, 1997 11:15 a. m. • PAGE 8 To remove a lien from a property the owner must pay the cost of the lien, in addition to, $50.00 per property for administrative costs. ~E S~fi~h><>>>'~~. ABATEMENT AND COST RECOVERY PROCEEDINGS. Lien. Upon filing the statement of expenses with the County Clerk, the City shall have a privileged lien upon the land described therein and upon which such improvements have been made, in accordance with the provisions of Texas Codes Annotated, Health and Safety Code, Section 342.001, et seq. Such liens shall be second only to tax liens and liens for street improvements to secure the expenditures so made, and shall bear ten per cent (10%) interest on the amount of such expenditures from the date of such payment by the City. For any such expenditures and interest, suit may be instituted by the City Attorney and recovery and foreclosure of the lien may be had in the name of the City, and the statement of expenses made, or a certified copy thereof, shall be prima facie proof of the amount expended in such work or improvements. Upon payment of the full charges assessed against any property, pursuant to the procedure set forth in this section, the City Manager or his duly designated agents shall be authorized to execute, for and in behalf of the City, a written release of the lien heretofore mentioned, such written release to be on a form prepared and approved in each case, by the City Attorney. S~rTinni ~ ~, SECTION 11. TRUST FUND. The City Council hereby creates the City of La Porte Anti-Graffiti Trust Fund. Penalties assessed against violators of this Ordinance shall be placed in the fund, along with any monetary donations received from persons wishing to contribute to the fund. The City Manager or his duly designated agents shall direct the expenditures of moneys in the fund. Such expenditures shall be limited to the payment of the cost of graffiti removal, the payment, and rewards to report violators at the discretion of the City Manager or his duly designated agents. and the costs of OR.DI.NANCE NO. 97 - DRAFT Wednesday, December 3, 19)7 1.1:.15 a. m. • PAGE 9 administering the Ordinance. The Council may approve such other public purposes as by resolution. The reward shall be in any sum not more than two hundred and fifty dollars for information leading to the capture and conviction of the violator. SECTION 13. SEVERABILITY. If any section;' sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to bE: the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. SECTION 14. OPEN MEETINGS COMPLIANCE. 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 City Council is posted at a ~-lace convenient to the public at the City Hall of the City for the time required by lave preceding this meeting, as required by the Chapter 551, Tx. Gov't 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 15. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. ORDINANCE NO. 97 - ~ ~ PAGE III URAF7' Wednesday, December 3. 1'197 I I:1S a. m. PASSED AND APPROVED this the day of , 1997. CITY OF LA PORTE ATTEST: By: Norman L. Malone, Mayor Martha Gillett, City Secretary APPROVED: John D. Armstrong, Assistant City Attorney DIVISION 8. SITE PLAN Section 106-2:36 Certified Site Plan Required. Any person dE:siring to improve property shall submit to the City of LaPorte Planning Department a ~:.ertified site plan of said premises and information giving the location and ~ ~ ~~ ~~` dimensions of existing and proposed buildings and parking lots, location of easements crossing the property, any and all encroachments, and other information which may be necessary to ensure conformance to this Ordinance. 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; 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; or 3) Said construction consists of the modification of an existing residential structure. Section 106-237 Conformance with Thoroughfare Plan. All buildings shall be placed in such a manner that they will not obstruct future streets which may be constructed using existing rights-of way or dedicated rights-of-way in accordance with the flaest-reseraffy adopted thoroughfare plan of the City of La Porte. Section 106-238 One Principal Building Allowed Per Lot. 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 106-23!~ Application of Yard and Parking Requirements to Through Lots. 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. 0:\CLP\OrdinancesWon-Conforming Uses Working Copy - 01!12/98 ® • Section 106-210 Minimum Building Setback. 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. Sections 106-s'!41-106-260. Reserved. DIVISICIN 9. NONCONFORMING BUILDINGS, STRUCTURES AND USES Section 106-26.1 Generally. The general public, the Planning and Zoning Commission and the Board of Adjustment 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 v-rhen necessary to promote the general welfare and to protect the character of surrounding pro erty. It shall be the responsibility of the Planning and Zoning Commission I '~ ! 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. 1) Confom~ing Use does A use that conforms to the zoning regulations on the effective date of this Zoning Ordinance a t shall not subsequently be deemed anon-conforming use solely because the use changes on an adjoining property. 2) Accessory Use of Structure. No structure that is accessory to a principal non-conforming use or a non- conforming structure shall continue after such principal use or structure has been terminated, removed or otherwise brought into compliance, unless it complies with all of the regulations of the district in which it is located. 0:\CLP\Ordinances\Non-Conforming Uses 2 Working Copy - 01 /12/98 ® • Section 106-262 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 anon-conforming structure solely for a failure to comply with provisions relating to Article V, Division 2, Accessory Buildings, Uses, and Equipment, of this Ordinance. 2) Continuance of Non-Conforming Structures. Subject to all limitations herein set forth, any non-conforming structure may be occupiec and operated and maintained in a state of good repair, but no non-conforming structure shall be enlarged unless the enlargement is made in accordance with the provisions of section 106-262 (7) of this Ordinance. 3) Accidental Damage to Structure. If a building occupied by non-conforming uses is destro ed by fire or the elements, it may not be reconstructed or rebuilt ~xseyst it conforms with the provisions of this Ordinance. 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 of the City of LaPorte, Texas may issue a permit for reconstniction. If greater than fifty percent (50%) and less than total, the Board e€ AdjE~st;~# may grant as a special exception a permit for repairs 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 sub-standard under the codes and ordinances of the City of LaPorte, Texas, and the cost of placing such structure in lawful compliance with applicable ordinances exceeds fifty percent 1;50%) of the replacement cost of such structure, , e ~ S artdard The Enforcement Officer of the City of LaPorte, Texas shall notify by-mail the owner of such non-conforming structure, rt ro I . e L e as to the date of termination,; ~ e ~.g_ o-opera -~ • ma o . i , ,and procedure to :~ o :. ~ ~ ~ g • . ~ in o taw€u4 compliance. i . • : - ~ i ~ : e A• The burden of proof in showing that the structure's repair cost does not exceed fifty percent (50%) of the replacement cost of structure rests upon the owner of tlae-su structure. 5) Determination of Replacement Cost. 0:1CLP10rdinanceslNon-Conforming Uses Working Copy - 01/12J9f4 ~ s In detenrining the replacement cost of any non-conforming structure, the cost of land or any factors other than the non-conforming structure itself, shall not be included. 6) Repairs and Alterations. Repairs and alterations may be made to anon-conforming building or structure; rovidecl, that no external alterations shall be made except those required by law •~, unless the building is changed to a conforming use. 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. 7) Enl_ ameiment to Non-conforming Structure. A structure that is non-conforming may be altered, remodeled or otherwise improved, but not enlarged, unless the Board of Adjustment determines (pursuant to Section 106-191) 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 it is located. a) ubrnission of Schedule to Eliminate Non-conformity. 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 20 year:,, or setting forth the reasons why such action is not reasonably possible. b) A~oroval of Schedule by Board of Adjustment. The Board of Adjustment shall review and make any revisions found necessary to ensure that priority is given to elimination or reduction of non- conformities that #aavi s~~~~an adverse impact on surrounding properties, ands. ~ i - can be reasonably shafaged. a : , so ~ ~ r ~ t the configuration of the °~~c+;^^ ~+., :^+, ,~° to . t ~~ ~ " ~= re and the cost of eliminating or substantially reducing ttae • • ; non-conformities. 8) Abandonment of Non-Conforming Use or Non-Conforming Structure. A non-conforming use shall be deemed abandoned when the: use eFStre ceases to be used for the non-conformity for a period of one-hundred eighty (180) consecutive calendar days. The non-conforming use, eF when abandoned, shall not resume. When it has been determined by the 6~+t~ L~~ e;tit~C)ffi~ that anon-conforming useo~: has been abandoned, notification shall be made by :fed 0:1CLP\OrdinanceslNon-Conforming Uses Working Copy - Ot/12/9~B • mail to the downer ,:a ~ ) of the abandoned non-conforming use or structure. The y owner or his representative seeking to maintain tie conforming use or structure may appeal the 6+#~s ~"" ° decision to the Board of Adjustment. ~e-aar~d been va ~ ----- - -~- Section 106-2Ei3 Non-Conforming Uses. 1) Continuance of Non-Conforming Uses Sui~i ~ o ~~~is.:Or'~inan 2) Changing aNon-Conforming Use. Any non-conforming use or structure may be changed to a use conforming regulations established in this ordinance for the district in which the non-conf use or structure is located : ~. .- . • . -: ~ ~g ~ .--•- '.- --._, -.--. tal'- ~ . -. •.. - -:-, to the 0:\CLP\OrdinanceslNon-Conforming Uses Working Copy - 01 /12/99 Subject to the provisions of this Ordinance ~^~~~^^ .,.,o+ ^u re^„iromo.,}c ^f Section 106-x,64 Notification of Non-conforming Use Status. . The Planning Director shall mail written notice, ~ filar-mail-~ ' , prior to or concurrently with the notice of public hearing pursuant to 106-266, to all persons having an interest in the The notice shall state that the use sr-st~ac-ire is ~ the procedures for obtaining an exer extended useful life and termination requirements of 106-265 and 106-266. Section 106-2.65 Application for Exemption from Extended Useful Life Requirement. 1) Application Requirements. An owner or qualified applisar~ ''~ of anon-conforming use or structure may seek an exemption from the extended useful life and termination requirements of Section 106-266. The grounds t~seelE ~ ~ ~ r ~ ~ such an 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 compatible with such s : ~ - - , use uF~on com liance with spesi€~-~~ conditions. Such owner or qualified appl~ae=rt • ~ -, shall submit an application to the Planning Director, on a form provided by the Planning ~ no less than 10 working days prior to the date scheduled for the public hearing conducted pursuant to Section 106- 266 2) Board Review and Decision. The Board of Adjustment shall hold the public hearing pursuant to Section 106-266, followiric~ the procedures for hearings ~ be„~oire "e o~,n Board of Adjustment established e-adeyted .!'g~h. Zoning Ordinance; T4-e# ~~ shall consider the application for an exemption from the extended useful lime and termination requirements of Section 106-266. The owner or qualified applisarit at shall have the burden of proving the grounds for the exemption slug .Upon conclusion of the hearing, if the Board of Adjustment finds that the aen-sea€em~ieg 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 the imposition of specified conditions, it shall exempt the non-conforming use from the extended useful life and termination requirements of Section 106-266, and impose such conditions as it finds necessary to ensure reasonable compatibility v~n._:_~__:, ~ r .:_mg~:pr`ope,._e5 ands _ses, in:.~ ing O:1CLP\OrdinancesWon-Conforming Uses 6 Working Capy - 01 H 2198 • If the Board of Adjustment does not authorize an exemption from the extended useful life and termination requirements of Section 106-266, it shall after considering _ _ applicable law, information presented at the hearing and other factors deemed relevant ,establish an extended useful life ~ for the non-conforming use in accordance with Section 106-266. 3) 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 Section 211.011 of the Texas Local Government Code. Unless properly appealed within 10 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 106-266 Extended Useful Life and Termination. 1) Extended Useful Life of Specific Non-conforming Uses. Non~oriforming uses shall be terminated at the end of an extended useful life period established by the Board of Adjustment in accordance with this Section. The extended useful life ~ established shall not be less than years, nor more than 20 years from the effective date of the Order o~f the Board of Adiustment, e ~ •i The Board of Adjustment, shall hold a public hearing, as required by Subsection (2) below, to establish an extended useful life period or to consider an application by the seR#e~ise ,; ~ ~ for exemption from the extended useful life and termination requirements set forth in this Section 106-266. If the Board of Adjustment grants an exemption, the use shall be known as an "exempted non- conforming use." If the Board of Adjustment does not grant an exemption, it shall establish an extended useful life period pu~aaf-s~q e~`~ to the hearing proceduire established in Subsection (2). If an application for exemption from extended useful life is not submitted, the Board of Adjustment shall establish an extended useful life period pursuant to Subsection (3). 2) Public Flearing. a) The Board of Adjustment shall hold a public hearing to establish an extended useful life for each non-conforming use subject to notification pursuant to Section 106-:?64, or to consider an application for an exemption from the extended useful O:1CLP\Ordinances\Non-Conforming Uses 7 Working Copy-01/1?J!~8 • b) life and termination requirements of this Section as allowed in Section 106-265 and this Section, but subject to the following notification requirements: i) ~'Vritten notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to the owner and/ef occupant of the non-conforming use ^^+ '°°c +h°^ ~° q • ' da prior to the date of ~ ~~ such public hearing; ii) Publication ^^~o +~; , 30 days prior to the date of public hearing sfa#~ag ~' i ~ the time and place of the hearing in at least one newspaper of general circulation in the City; and iii) ~Aailing of the notice of public hearing +ae~less-t#~aa 30 days prior to the date of the public hearing to property owners within 200 feet, as determined pursuant to Section 106-89, of the lot line of the land subject to the application, inclusive of streets, alleys and rights-of-ways"'^+~^°° °+"'" a,;so-'~-peat to civic associations registered with the Planning l~>epa~aeat •+ t • ~ - ,whose boundaries are wholly or partly within said 200 foot area Upon notification of the time and place of the public hearing, the owner or occupant of the non-conforming use to be Qiven-ata -. ___ ~~ extended useful life • ~ts • • • t may apply to the Planning Director for an e:emption from extended useful life and termination pursuant to Section 106- 265 ;and include written information and documentation supporting a claim for an exemption from any extended useful life period. In the event the Board of Adjustment does not grant the exemption applied for, it shall establish an extended useful life 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 allo~- the owner to recoup astdal ~ ~ • e investment in the a pry The owner's or applicant's failure to submit evidence to support an extended useful life 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 extended useful life period that the Board of Adjustment establishes. 3) Extended Useful Life Period. In the event the owner or qualified occupant does not apply for exemption from an extended useful life period, the Board of Adjustment, at the public hearing, shall establisht an ame~atieR ez~er ed~~. ~ =1if 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 qualified applicant to recoup the astral ~- ~emai~;tng,,,~„, eful investment in the use made prior to the effective date of this Zoning Ordinance. '^ ^^ ^•~°^* chill 4hn nv+nr~rlnrl ..c°f..1 I:fs he f^r 0:\CLP\Ordinances\Non-Conforming Uses $ Working Copy - 01 /1 Z/f~8 • 4) End of Extended Useful Life Period. At the end of the extended useful life period established by the Board of Adjustment for a particular use, the use shall terminate. Section 106-x!67 Revocation of Non-conforming Use Status. Upon the ~dir~gs-arid recommendation of the Planning Director or a motion of the Board of Adjustment, the Board of Adjustment shall undertake a review of (i) any non-conforming uses; or (ii) any exempted non-conforming uses established pursuant to 106-265 or 106- 266 and, after a public hearing and investigation as to the particular use in uestion, ma require the revocation of the use status and the extended useful life period or ~ ~ termination of such use. For purposes of this Section 106-267, a use described in (i) or (ii) above, shall bey herein~sometimes referred to as a "Revocable Use." 1) Initiation of Revocation Procedure. 2) Board ~dotice. Review and Decision. Upon its own motion, or upon receipt of the Planning Director's report recommending the revocation of the status of the Revocable Use, the Board of Adjustment shall hold a public hearing to consider revocation of a Revocable Use pursdara Prior to holding such hearing, the Board o~f Adjustment shall provide public notice as follows: 0:1CLP\OrdinanceslNon-Conforming Uses Working Copy - 01 /12198 The Board of Adjustment Paay~ undertake a review of any Revocable use upon::~~ its own motion, a€tei= upon a determination that a reasonable probability of one or more grounds for termination under 106-267(3) exist; or (~) a report from thE: Planning Director • a) Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to all persons having an interest in the propert as shown by the • ~ and to the occu ant or occupants of the property containing said Revocable Use ^,-,~;eTs :na ; 30 days prior to,the date of such public .-. ... . hearing; b) Publication ^^~o *~; 30 days prior to the public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the City; and c) Mailing of the notice of public hearing flat-less~a+~ 30 days prior to the date of the public hearing to property owners within 200 feet as determined pursuant to Section 106-89, of, the lot line of the land subject to the application, inclusive of streets, alleys and rights-of-way, and to civic associations registered with the Planning Director, whose boundaries are wholly or partly within the 200 foot area. Upon the conclusion of the public hearing, the Board of Adjustment shall determine, on the basis of written findings of fact and conclusions, whether the status of the Revocable Use should be revoked and the use °~~~°^ ^^ °~*°^-~°~' +~se€~N~ or terminated. In making its determination whether or not to revoke, the Board of Adjustment shall consider the standards set forth in Section 106-267(3), and if it determines to revoke, it shall, in accordance with applicable law, after considering evidence presented at the hearing and other factors consistent with the purpose of this Zoning Ordinance, establish an extended useful life period for the owner to recoup the current remaining useful investment in the use made by the owner riot to the time the use became non-conforming, . The Revocable Use shall terminate at the end of the extended useful life period or the termination date, as the ease may be, as established by the Board of Adjustment. 3) ReQUire~d Findings and Standards in Board-Determination e+a o~ Revocation. To support a finding and conclusion that revokes the status of a Revocable Use based on written findings of fact and conclusions, the Board of Adjustment must find any of the following (i) a violation of any condition Imposed by the Board of Adjustment pursuant to 106-265(2); (ii) that the continuation of the Revocable Use materially and continuously interferes in an adverse manner with the implementation of the legislative purposes of the zoning district in which the use is located, or (iii) a pattern of repeated occurrences of one or more of the following with respect to the Revocable Use: a) Noise above the maximum permissible limits, as set forth in the Zoning Ordinance, or in any other City ordinance; O:1CLPlordinancesWon-Conforming Uses 10 Working Copy - 01 /12!98 4 • b) Traffic generation of more than twice that of the same use or use of a similar nature, based on rates set forth in the most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual; c) Noxious or annoying emissions of odor, smoke, wastewater, light or other matters; _ . d) Hours of operation that begin prior to 7:00 a.m. and extend beyond 10:00 p.m. and .as such exacerbate general noise or traffic; e) Lack. of substantial compliance with applicable City codes and ordinances; f) Police reports on alleged criminal activity associated with the non-conforming use; or g) Similar factors. 4) Non-cor~forming Uses Not Subject to Revocation of Status. Notwithstanding any provisions of this Section 106-267 that could be construed to the coni;rary, a residential use that is non-conforming 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 per:aon aggrieved by the decision of the Board of Adjustment, or a taxpayer, or an officE~r, department, board 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 the district court within 10 days after the date the decision is filed in the Board of AdjustmE~nt's office. Section 106-26.8 Non-Conforming Lots of Record. 1) Continuance of Non-Conforming Lots of Record. O:1CLP\OrdinancesWon-Conforming Uses ~ ~ Working Copy - 01/12!518 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 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 undertal~cen on non-conforming lots of record, unless said change in use or occupancy is first submitted to the Planning Director for review. The Planning Director shall review said proposed change in use or occupancy, for purposes of insuring maximum compliance with this ordinance, taking into account the particular restraints imposed by the degree of non-conformity of said nonconforming lot of record. 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 this ordinance. 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 ordinance. 2) Discontinuance of Non-Conforming Lots of Record. Any lot \Nhich 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.onforming lot of record that is made conforming shall not then after be changed back to anon-conforming lot. Section 106-2119 Zoning of Annexed Property. 1) r ;e . -> ~ ca ona nex ~ s . 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 hundrecl eighty (180) days from the date of annexation. 2) De - el -~ n resehted toy Ci P° o ~ o~An a atio . In the event a development or subdivision is presented to the City Planning and Zoning Commission prior to annexation, that specifies a particular land use, the Planninl~ and Zoning 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. 3) 1 s~a~'ic:~of'~B~iildin~Pemiits~ln Anne 0:\CLP\OrdinancesWan-Conforming Uses ~ 2 Working Copy - 01/12'98 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.. _ _. _ . _ __._._.__.__ .. . All-4~eF-s ale nic~Irinic~ nr Ale' , ~o-Ft3tFiQFtbt,; ~ ~ ice of +he Ir~ tt0 nrl ~nr•II he •e rm' ~ i cc4~hlic~hme n4~~ .,~lirl c+~+o nh „r,. ~~e 1 ra e~isefl se e er F- T:it If'1 e;~te;se-en tlae o{ferdi„e r~r~1 e r g , ~ ov+onrlcrl h" ~,y •~~n TeAc~•,• i r' re t ^` er ~ -~~~ Se ~~~if c~~nh rene~~,.~1 nr ov}en~inn is ~ c~-v - v ilt icci ~ r1 nn nr r+fFor 4he ' -tiF c# n}ive r h+o of Chic . 7nnin ,+ ~lrrlin~nno O:1CLP\OrdinanceslNan-Conforming Uses ~ 3 Working Copy - 01 /12/98