HomeMy WebLinkAbout09-11-1997 Regular Meeting of the La Porte Planning and Zoning Commission•
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OATH OF OFFICE
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OATH OF OFFICE
I, Michael Jetty , do solemnly swear (or affirm), that I will faithfully and
impartially execute the duties imposed upon me by law as a Member of the La Porte Planning and
Zoning Commission, and I furthermore solemnly swear (or affirm), that I have not directly or
indirectly paid, offered, or promised to contribute any money or valuable thing, or promised any
public office or employment, as a reward to secure my appointment. So help me God.
/~/~~~
Michael Jetty
SWORN TO and subscribed before me, this the 16th day of October, 1997.
,~ ..
PEatiY I.EE Peggy Lee
* ' MY COMMI5510N EXPIRES
,~ ~~ ~ptember 19,1999 Notary Public for the State of Texas
u
PLANNING AND ZONING COMMISSION
MINUTES OF SEPTEMBER 11,1997
Members Present Chairperson Betty Waters, Commission Members Eugene Edmonds,
Dottie Kaminski, Sandie Staniszewski, Jim Zoller, Hal Lawler
Members Absent Melton Wolters (called away due to a family emergency )
City Staff Present Director of Planning Guy Rankin, Assistant City Attorney John
Armstrong, Planning Secretary Peggy Lee
I. CALL TO ORDER SPECIAL CALLED REGULAR MEETING.
The meeting was called to order by Chairperson Waters at 6:03 PM.
II. APPROVE IVIINUTES OF THE AUGUST 21,1997, REGULAR MEETING
AND. PUBLIC. HF aRiNG,
Amotion~as°madeby Eugene Edmonds to approve the minutes of August 21,
1997..; Them~otion~~wassecond~ad by:DottierK:aminski. ;. Allwereu~favon andthe
motion.passed.
III. REVIEW~AND CONSIDERA RECOMMENDATION:TO'CTI'Y
CQUNCII`P-LARDING:ANAMENDMENT TO'ZONING
ORDINANCE_:1501 R~EIATING°TO:SIGNS.
A list;of_:proposedintersearons where:marketing signs would be allowed Cif
.approved) was:preparedby the Commission-duringthelnst meeting. Mr. Rankin
reportedthat staff had visited all ofthe intersections on the list to make. sure that
placement of signs would not interfere with site triangles at the various locations.
Mr. Rankin mentioned that since the last meeting, staf f visited with the Chamber of
Commerce Small Business Committee. One small business owner recommended
there be no changes to the sign ordinance. He felt that a lot of work had been done
in the past to come up with the current sign provisions and the proposed changes
would not be beneficial.
The following are changes that were noted cliuing the meeting, to the document
prepared by staff titled "Proposed Revision to Sign Ordinance".
l.a Temporary signs shall be a maximum of 18" x 24" in size and
constructed of all weather corrugated plastic sheeting with a steel rod
frame. Add "or wooden stake".
2.b The statement "Temporary signs may not be located within five (5)
feet of the edge of any pavement" may need to be changed. Further
review by staff indicated that some TOOT language might need to
be added to this statement.
Planning and Zoning Commr~n •
Minutes of September 11, 1997
Page 2 of 3
3.b Regarding the temporary sign permit application, a form is currently
beurg prepared by staff.
3.c Replace the word "erection" with "placement". Strikeout the words
"an location".
5. Str~eout "laws of the State of Texas".
Based on site triangles, the following locations could be acceptable:
2.c.:
SH 146 at Fairmont (northeast, southwest, & southeast comers)
SH 146 at Wharton.Weems (northeast,..& southeast corners)
SH 146 at McCabe (northeast corner:and:feeder.& southeast
corner o£northbauad..SH.146 & Mc{',abe)
SH 225 at Tnderwood-(stnzrhwest"corner-of:Undecwood
:eastbound lane&_southeasG corner of Underwood..
eastbaundlane of SH 225
SH225 `at Sens (northwest:andnortheast corners~SH225 &:
southwestcornerof:SH225 onwestbrn~nd feeder
on.Sens) ;
>:Spencer at Sens~(northwest~southeastcorners)
Spencer at Valleybrook (southeast corner)
Spencer at Driftwood (southeast corner)
Spencer at Luella (southeast corner)
Fairmont at Luella (northwest corner Luella, eastbound lane
W. Fairmont)
Fairmont at Underwood (southeast corner Underwood, eastbound
on W. Fairmont)
Fairmont at Driftwood (northwest cornerwestbound on
~ ~+ ..,. Fairmont)
n,.a_
S. Broadway at Fairmont (northwest and southwest corners)
S. Broadway at
T1T "T n ,.« Wharton Weems (northwest and southwest corners)
C,....,.
N. "L" at Underwood (northeast and southeast comers)
Bay Area Blvd at Fairmont (northwest corner of Bay Area Blvd and
eastbound lane on W.Fairmont & southeast comer of
Bay Area Blvd eastbound lane on W. Fairmont
Planning and Zoning Commi~n .
Minutes of September 11, 1997
Page 3 of 3
4. Replace the word "erection" with "placement". Replace the word
"intersection" with "location". (New #S:include wording to address
particulars about permitting and also include map with permit
application)
5. Change #5 to #6. StrYkeout "Laws of the State of Texas".
A motion was made by Eugene Edmonds to recommend City Council approval of
an amendment ('including discussed changes) to Zoning Ordinance 1501 relating to
signs. The motion was seconded by Dottie Kaminski. The motion passed
Chairperson Waters voted in opposition and all other members that were present
voted in favor of the motion.
IV. STAFF REPORTS
Mr;Rankin noted that:during the regular. scheduled meeting,on:September:l8~' we
wouldreviewthe:Zoning.Ordinance andthea~~~sections of the-
Comprehensive Plan.
. Dottie Kaminski: ~ eda co of the osed ...ordinance.....
request Py Prop
v. ADfouxw
Chairperson Waters declared the meeting duly adjourned at 7:20 PM.
R ~ ~ ~,
Peggy
Secretary
Planning and Zoning Commission
Appro on this the 16th day of October, 1997.
Betty W ers
Chairperson
Planning and Zoning Commission
~`REPLAT #97=015
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CITY OF LA PO RTE
PLAT/MINOR DEVELOPMENT SUBMITTAL
APPLICATION
(All plat submittals to be reviewed and considered
for presentation to the Planning and Zoning
Commission must be accompanied by this
application and necessary, documentation listed
herein. Submittals will not be reviewed by staff
without this application.)
Type of Submittal: General Plan (_) Preliminary Plat (_)
OFFICE USE pNLY
DATE RECEIVED: ~ ~ 3 /~
svsl~I-rAL ~: ~ ' ~lS
RECEIPT ~: oo a 3 rl3
PLANNING & ZONING MEE'PING
DATE• /O- /<e-g7
~S P~F}T
Final Plat (~
Minor Develo~pme~nt Site Plan L)
Date: ~~ ~ 7 Contact Person(s): r" ~T2/L~~4- ~ ~~~~-~- Phone Z~~~ ~~Z~~$G
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Name°-of' Pcap.osed ~ Development:
Name:of~.Developer: r ~7n~'Ct~- ~'~/~iv~"~ Phone: ~~'"„'~--
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Address,•of,. Developer:. y . !~.~,1' . ~ol L. ~~-i'~~-r~, T'~' ~ ~~ ~~G' J _
Numl~eG~of~Sectinns:- Number`ofTLots:
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,Le aL`'Descript+on-~of~Property: c ~ 3 ~ ~~,.,J.~ ~ ~ .4- o ~
Filing Fee:
`¢~ p0
Amount: ~"J~C' ~' Receipt #:
4fl~.s3.73
Checks should be made payable to the City of La Porte.
Last All ~ Other Contact Persons:
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Staff Report October 16, 1997
Replat of Block 29; Lots 13-1G; Town of L~ Porte
Requested Bv: Patricia Maner, property owner
Requested For: Block 29; Lots 13-16; Town of La Porte
Location: 225 and 229 So. 8~' Street and 816 West B Street
Present Zoning: General Commercial (G.C.)
Background: Block 29 is part of the original plat of La Porte as recorded in Volume 57,
Pg. 320, of the Harris County Map Records. The applicant has requested a
replat of the property in question for the purpose of establishing two separate
lots of.developed property. The property is currently identifiedby the Hams
County Appraisal District records as being the.east: half and west:haif of Lots
13-16.
An existing, single family residence is currently located on.the back or_east
half of the property. .This is considered a:pre-existing,.von-conforming use
in .a;;General,~:Commercial~(G.C:). As_proposed,_.the, replat_,of:the lots ,in.
question-_would:create' a 60 X `1 Q0' or 6,000 square -foot:. tract of land (See_
Exhibit A) and the pre-existing, non-conforming use would. continue.
Under. construction~°at thistime at the front or west half of the.`property are
two garage°apartments. The proposed replat would. resuit_in this~tract of land
being 65 x 100' or 6,500 square feet in size (See Exhibit A). The multi-
family use would be a permitted use in a G.C. zone. As shown in Exhibit B,
the garage apartments would exceed the minimum G.C. setbacks which are:
Front - 20'; Rear - 10'; North Side - 0' and the South Side - 10'.
The garage apartments are being served with water from West B Street right-
ot=way and the structures are all electric so no gas service is needed.
However, an 8' private utility access easement will be needed (See Exhibit
B) to allow the installation and maintenance of the customer's sanitary sewer
line and an intermediate pole for overhead electric, cable and telephone lines.
Currently, the sanitary sewer line is within 3' of the single family dwelling
slab and is tied into the sewer line of the residence. With a replat, the
property owner will be responsible for the installation of a sewer line (within
the proposed 8' utility easement) and for obtaining and tying into a separate
sewer tap for the garage apartments.
Tl~e replat, as proposed would result in the current four lots becoming two
independent tracts of land.
•
Block 29 Replat -Town of La Porte
10/16/97 - P & Z Meeting
Page 2 of 3
Anal sis: Under the terms of Section 4.07 of Development Ordinancel444, a replat of
all or a portion of a subdivision may be released for recordation and deemed
valid and controlling when the following conditions have been satisfied:
• The plat has been signed and acknowledged by only the owners of the
particular property, which is being replatted or resubdivided.
.....................................
........... . ..........
__
This'signature requirement canhe satisfied.
• The replat does not attempt to alter, amend, or remove any subdivision
covenants or restrictions.
.. ,...
No subdrvtston covenants orrestnct~ons ar~in ef~egt
• Tliere is compliance''with~Seetions 2I2.014 and`2.L2:015 of~he;~VT:C:A
Local Government Codes.
• The replat has<been::~approved~by.~ he~Commission~;~after bengxprepared
and filed as though it were an original plat as specified-°in Section 4:04:of
the Development Ordinance.
Staff finds the 'replat 'document does comply with a}1 applicable
ordinance:requirements:
• All expenses incurred by the City or the subdivider in the replat process
shall be borne by the subdivider, including the cost for notice of public
hearing.
The costs of public hearing-have been tabulated and will be paid by
the applicant prior-to the 1-eplat being released for recordation:] The
cost of. notice for this hearing totals X43.84.
Section 5.02 of the Development Ordinance addresses the need for
sidewalks, where required by the Comprehensive Plan or by the
Commission. The Commission may choose to require sidewalks.
However, development in this area has not included sidewalks.
Block 29 Replat -Town o~a Porte
10/16/97 - P & Z Meeting
Page 3 of 3
Conclusion: Staff finds the requested replat of Block 29; Lots 13-16; Town of La Porte.
satisfies applicable provisions of State Law and City Ordinance. We,
therefore, recommend Commission approval with the condition that the
replat not be released for recordation until the following items have been
satisfied:
1. All signatures required on the plat are obtained prior to formal
recordation.
2. Add. appropriate special statements in accordance with Section 4.07 of
Development Ordinance 1444; Appendix D. (i.e. Owner and
Lienholder's Acknowledgement, Approving Authority Certificate, Harris
County Clerk Filing Statement)
3. Provide Private Easemenf°Instrument.
4. The':required.:plat shall include an 8' "private utilityaccess:easement along
the- north'.. property line- of each-tract to ensure{ installation ~ and.:future
maintenance of utilities:for.: he westernaract:_ See;Ezhibit B
5. Obtain:separate sewer-tap and. relocate sewer service line within ;the 8'
privateutility;access easement.
6. Public hearing costs of $43:84 must be paid by theapplicant.
7. Provide a cashier's check, payable to the City of La Porte, in the amount
of $50.00 along with two mylars to the City. The City will have the
replat mylar and easement document recorded with the County.
•
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Section 106-240 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 106-241-106-260. 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 properly-.rights, specific structures, lots, or
uses established:prior othe date theseregulations became.effective as tothe-property in
question, and. when necessary. to promote _the general..welfarea.. and , to. protect the
character of surrounding::property. It shall be the responsibility of`the=Planning4~and
Zoning -Commission°and.the Board: of Adjustment to assist the.. City- Council: in .achieving
ahis~goafby~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; preser>tedby
interested~property owners inquire into he existence, continuation ormaintenance;of:any
non=conforming use~within he City.
1) Conforming- Use does not Change- to Non-conformin4> Use ifi Adjacent
Properly Subsequently Changes Zoning Classification.
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 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 - 10/08/97
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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
occupied and operated and maintained in a state of good repair, but no
non-conforming stnacture shall be enlarged unless the enlargement is made in
accordance with the provisions of section 106-262 (7) of this Ordinance.
3) Accidentals.Damage~:to Structure.
Ifa building occup~d~by:non~onformingTusesais~destroyed,:byfre:.ar~theelemerrts,
it~may~notA.be reconstructed..orrebuilt~~unless it,conforms:with~~the~provisions-.ofthis
:Ordinance. Imthe'caseWof~partial:destractionsby fire~orrothercauses~nofiexceeding
fifty percent- (50%) ofi~ its. value, as: determined.. by, a~; licensed~,:appraiser; ;the'
.,.Enforcing ~ Officer :of thee City of LaPorte, .'Texas~~. may-~issu~ -a~=permit -for -
reconstruction. If;~greater; han fifty percent:.(50%) and::less°thac~~total,~.the~Board
may. grant as a special -exception a permit. for. repairs but not for enlargemer~fi or
reconstruction~ofthe.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
determines 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 of proof in showing that the structure's repair cost does not exceed fifty
percent (50%) of the replacement cost of such structure rests upon the owner of
such structure.
0:\CLP\Ordinances\Non-Conforming Uses 3
Working Copy - 10!08/97
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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 tc
provided, that no external alterations sha
or ordinance, unless the building is chap
dwelling units shall be added where the
being more dwelling units on the lot than
building is located.
anon-conforming building or structure;
I be made except those required by law
led to a conforming use. No additional
non-conforming use results from there
is permissible in the district in which the
7) Enlargement-to Non-conforming:Structure.
A structure that: is non-conforming: may be altered; remodeled.: or otherwise
. irdpicc~ved;abut;:rrottenla~ged~.unlesthe~Boaof~Adjustment~determinesa(pursuant:
to~~Section 106='191) that such enlargement~will not,....result:in~:an increase~,in the
degree::of:norrcor~formitywith'.the.: regulations:.:: and development-tstandards~: of the
district~in~which-ifi`is"located:
a) SubmissiorrFof-Schedule~ okEliminate Non.~onformitv., The ~applicant~shall
present; o ,the:.: Board ~of~Adjustment~.a< chedr~le :for eliminafion or~~ substantial
reduction~of:.the~°nonconformit~r_over~a:reasonable~period.rof~time=.not o: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
reducing such non-conformities.
8) Abandonment of Non-Conforming Use or Non-Conforming Structure.
A non-conforming use or anon-conforming structure shall be deemed abandoned
when the use or structure ceases to be used for the non-conformity for a period of
one-hundred eighty (180) consecutive calendar days. The non-conforming use or
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
0:\CLP\Ordinances\Non-Conforming Uses 4
Working Copy - 10/08/97
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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 of 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-Conformingt Uses subject to this Ordinance.
Subject'to~the provisions ofi his: Ordinance relatingto extended useful life of non-
confocminguses, :any: non-conforming use may be continued. in operation on: he
samerlantl~area.and,:om.the~~same~floorin a.str~ct~re°~or°structures~which'were
_ . occupied. by~;the~.non-confom~ing;.. use:, on :- the it effective-:date of :this,. ordinance,
provided,ttiatsuch~land ~area~or,floor areaahall ~ not be~ increased;= excepfithat_such
-.
~; `~ .; limitatioctashalhnot~applyfor:farming~uses. _
. ,.
..._~ ..
„ .. , ..
., ,
;~::2)~.Charrgingaa6Norr=Conforming Use: ,
YAny~non=conforming..use~or_structure may:be::changed.^to.auserconforming> o they
..~.regulafions~~.established~ in°..this ordinance..< for° the district-: in~~ ~.~which the
non-confiorming °use .or: structure is located: Anon-conforming use° or. structure. so
changed<shall notahereafterbe-retumed o anon-conforming use or: structure.
Section 106-264 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.
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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 Review and_Decision:
They Board of Adjustment shall hold :the public,! heanng pursuant. to Section 106-
266following°the~procedures=forhearings~:before..the4Zoning.Boarri~of~Adji:istment' __:
established`in~the:r:Zoning~:Ocdirrance; ;and,rishall~considec;ahe~application;Yfor~an
. exemptior-:'°from~the~extended.useful.:lifeand~termination requirements~of6;Section.
106 2669 "=Ttesowner=or,~qualfiednoccupantshallshave=~the~burden~of~provricig~,~.tFie
grounda~for=the~exemption:Fsought::Uponconclusion: offtlie hearing, if~tfie~Board-.of
Adjustmeatfindsahatothe~useof~theproperty has no material. adverse°impact~upon
the~land~:uses~permitted~in=~the~district~in~4which~it-=is~ located~arcan~:be~tmade
reasonably~° compatibie~~ with ~ such-- uses-: through 'the :imposition of~: speafied
conditions,: it shall::exemptahe 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 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
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 life 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
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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-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 actual investment in the property made:: prior-to- the-date
or the .arder~:ofthe. Board of Adjustment.:establishing he~:extended~~usefuF,::;life.
periods ° The~~Board ~~of .Adjustment, shall - hold:~~a=public hear~ng;:a~~ re4t~i~= by
Subsection.(2).below, to.::establish an extendetl~useful_Iife,periadAo~t~consideran
,__ _
application-by:the~non-conforming user-forexemptiori'~from~the~extend~eci3tise~[:life
and termination re uiremerrts: set ~ forth - in thisr Section -:106.=266.~~~ If~theM BoaGd~ of
e q
~Adjustmentngrants=an=:exemption, the,.use~shal4~be~knownras~an"exetripted~:non-
conforming§use:"'Ifithe Board'of Adjustment does~not~grant~aiz?exemption~?it~shall
establish~anr~>?extended .useful lifer period °subsequentrto_the~fiearingprocedure
established~in Subsection (2). If an:applicationfarexemption~fromextended~useful
,. ._ ,
lifevis~not'submitted; #he.:BoacdNof Adjustment° hall~~esfablish arr~extend~d~dseful~l'tfie
period pursuant~to~Subsection (3).
2) Public Hearin
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 106-264, 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
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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.purposeof his~Zoning~.Ordinance~to.allow.the owner
to: recoupsactual:~investrner~t'in~theuse-made prior-:~to~the4effective~-date~~of<thts
order of :the.. Board_ of Adjustment; establishing the;extended.~useful,~life:period,
specifically. including.~6ut°.not: limited~to~the ~testimony~of ~expeits~ in~ttre~fifield of
property.~appraisal.. The,:owners= ors appliicanfailurer' o subm~evide>lceao
support an- extended:usefulr.life= period~shall~be~carrsi~tereda~waNer~tijr~~ttie-
°ownerorapplicantk.ofanyrightsto<~contesta~tkireWB~rard}of~~d~stmentFth~length
of nanyextendeduseful~life;period- hatethe'BQaid~of.Adjustfne~establishes~`
3) ~Extended'.Useful Life•Period. _ . ;,a, .. ,.
In theevent the owner or qualified occupant-does not~applyfor 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 actual
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 in the field of
properly appraisal presented at the public hearing, that an extension of the
useful life period is necessary to enable the property owner to recoup actual
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 end of the extended useful life period established by the Board of
Adjustment for a particular use, the use shall terminate.
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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
oc moceu grounds-for termination under.::106-267(3)~,exist;,or (ii).a reportrfrom.the
Planning_ Director recommerndmg° re~rocatiom~ofsuch ~ Revocable Use; which shall
be.° based~~ upom a ~ determination ~ than a : reasonable probabilit5r of one or more
-. ~.gcouFrds~for#e~ihatian~uQder'~fl6=2C~(3)=exisi~farsuch>•recarhmendation:
- . ~_ , .
2)'.~ BoaxdtNottce;~Rev~ew~and~Decisiort;~
:Upon~:;its~~owm~~motron;~ or~upon'`receipt~~of ttre~ssPlanrring:Direetor's`» report:
'= s~; re~camrriending~threvocatio~of~the~status~of~the~Revocaale~„Use;ttieBoardTof
„ ~ ~-: x° ,~ :,~r ~ - s
Aci~ustrnec~t~shal~holdsa~publ~trearmg`~ta~consider~r~vo~cation~;oi~aRevcirable~lJse:::.
Pnor~to~holding such f~eanngthe~B:o~ard~oftAdj~istment shall~pra~ide~publrc"~nofice~
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.
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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 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 actual 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) Required Findings and Standards in Board-Determination of Revocation
To.supporttia,.finding~and;conclusion: hat: revokes..the.atatus of: a Revocable:: Use
baseon~written~.findirrgsx~ot~fact~and-conclusions;. the:~Boardof: Adjustment must
find~any~:of~the~followmg~(r)~a~violatiorrgof~any;^condition:,Imposed.by~;.thewBoarcl~ of
..- .,
~Adjustment~pursuarrt~to~:1'OS=2G5(2);~(ii)'ahafithecontinuation of~ahe:Revocable Use'
--.matecially~~and<rdcontinuousl~~interferes~ «in~. an ;<:ad~erse:.~ manner~~_~wtth ;::.the.
. ,impler~entatiort}of~tte~legislative~purposes=of~thezoning{tlistrictrin~vuhrcti~ttiewuse.~is
"~.`} ~- ~-:loicatedor~(ui)~a~pattemtof~r+epeated~occutrences,~of~one~oramore~of.~thefollowing
., ,.
~.
:;with~re~spect,ta the~Revocable$lJse x .°
...
r , ...,
`' a)r``tiNoise`~above~~the•~mazimuma~-pecmissible~limits;~ras~.setFforthe~ rrr~ the::Zoning
-Ordinarice;orin-any otherCity-ordinance;
b) Traffic generation of more than twice that ofthe 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.
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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 making a decision not to revoke the status of a Revocable Use pursuant to
Section 106-267(3) the Board of Adjustment may impose conditions on the use
that are necessary to accomplish the purposes of this section, including, but not
limited to required improvement of, or modifications to, existing improvements on
the property or limitations on hours or nature of operations.
6) _ Appeal.-
Any:person>aggrieved by the decision~ofithe;;Board~ofAdjustment,:or~a~~taxpayer, or
~;. 4~-,,,t.~f,,yP~=~a;~,cer~.depadment~;boa o~huEeau ~of•the:.City~mayappealttre~decision:in~
..,
~- -
~accardance~wrttiSection:~ 2.11:011 of: the~T`exas .Local .~GovemmentCode.~:::The~ ~-
decrsron~of~-the~.Board~of~Adjustmenfis=final.:andxincontestable~unless~appeated<to-
9
F t: ~~~~~ nth'e,districtacouctwithirw;10~days~after~the;:date~the:decision~is fitec~:m~the~Board~of-
t ~;~ ~ ~. 'A~djustrri"ent;~aflice' ; s ' Yt ,:; ~ - ~,~
'~, _ ,.
~ ~~ ~ ~
,. ,~. ~ f _
r~~~z~~~S~ctibn~10~ZG8Non=C~or~formiri ~Lo 4
~„ a ts:ofaRecord:
~1) "Continuance.of Non-Conforming Lots of Record.
Subject to all limitations herein set forth, any non-conforming lot may continue
without change in boundaries and may be utilized or developed provided that the
uses and development are otherwise authorized 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.
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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
recognized 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 106-269 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 classfed
as R-1 Low Density residential, only until permanently zoned by the La Porte City
Council.. Immediately; after the:annexation of any erritory o the City. of: La .Porte,
. the City,PlanningandZoning~Commissionshall=commence-:anytactionnecessary
to recommend to ' the.: CitSr ~ Council= ` a pemiarientt~.zoning ~ classification: The
~= _ f , procedure fort making,permanenfi~.such~, classrficattoc~sha '~ t~same~as~~is~.~
~
~
~`
~ £;;
rovidedwb law;for-theYado tton ofithe on
inalYzonm
r
Glafions;~and~shalC~take
P ~ ~ Y` P
9 Jw e9
~ ~ ~ .,place-withinone:hundred:eighty~ 180 -da s:frorrrthe;date~ofarin~xafion_~`"
y ~
<~,
t w ~~ ~ ~ ~ ~ ~ '~ ~ ~ _ ~ be b •~,(
l^l 0~:.s tY~ 4P nom.; ~.. ~... ,. ... ~, ..^ - :` _ ~A-+4 C k K#`4 1 ~ /.Q
'
2~?i
~~
_
~ :~2)~Developments~~Presented~to:City~Prior~to'4nnexation .x > -
..
~
,
M., ... ~ ~. _~
-,
~.~
Insthexeuentr:a development:or.~subdivision~is4presented~to;~theSCity~Plarmmg.z~:~d . -
Zoning Commission° priorto~annexation, : hatvspecfies::a~. particiataclacid~use.'the`
Plarning ~and~ Zoning ; Commissions may~~ recommend ~zoning~~categones~°to ~ the~City ~'
Council,. after hearing, so "that . permanent~'~ zoning` may be considered
simultaneously and 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.
Section 106-270 Termination of Liquor Sale Establishments Bars Lounges and
Taverns in Residential or Neighborhood Commercial Districts.
All liquor sale establishments, bars, lounges and taverns in operation in Residential
Districts or Neighborhood Commercial Districts, as of the effective date of this Zoning
Ordinance, shall not have anon-conforming use status as of that date with respect to the
use of the land or structure as a liquor sale establishment, bar, lounge or tavern. Such
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use shall be terminated on the date of expiration, revocation or termination of such
establishment's valid State alcoholic beverage license or permit in existence on the
effective date of this Zoning Ordinance, provided that such termination date shall not be
extended by any renewal or extension of such license or permit if such renewal or
extension is issued on or after the effective date of this Zoning Ordinance.
Sections 106-271 -106-300. Reserved.
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