HomeMy WebLinkAboutO-1998-1501-Z-1
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June 29, 1998
ORIGINAL
ADMINISTRATIVE NOTE TO FILE:
On February 9,1998, Council adopted Ordinance 1501-Z. This nwnber had already been used and needs
to further reflect this nwnber win become 1501-Z-I. The next Zoning Ordinance nwnber will pick up as
1501-AA.
I spoke with John Armstrong today and this is how he suggested this nwnbering problem be.corrected. In
addition. please note the content of these Ordinance were not changed at all, only the nwnber itself.
Martha A Gillett n ~
City Secretary v \ ,... J
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ORIGINAL
ORDINANCE NO. 1501-.:!.. - 1
AN ORDINANCE AMENDING CHAPTER 106, SECTION 106-236 et seq, DIVISION 8
"SITE PLAN", AND CHAPTER 106 SECTION 106-261 et seq, DIVISION 9
"NONCONFORMING BUILDINGS, STRUCTURES AND USES" ,OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE
THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH VIOLATION; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE
AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 16th day of October 1997, at 6:00 p.m., a
public hearing was held before the Planning and Zoning Commission of the City of La
Porte, Texas, pursuant to due notice, to consider the question of the possible amendment
of the Zoning Ordinance as herein described. There is attached to this Ordinance as
Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes,
the publisher's affidavit of publication of notice of said hearing.
Section 2. Subsequent to such public meeting, the City of La Porte Planning and
Zoning Commission met in regular session on November 20, 1997, at 6:00 p.m. to
consider the Ordinance amendments which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the City
of La Porte Planning & Zoning Commission, by letter dated December 1, 1997, a true
copy of which letter is attached hereto as Exhibit "B," and incorporated by reference
herein, and made part hereof for all purposes.
ORDINANCE NO. 1501-zl
Page 2
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ORIGINAL
Section 3. The City Council of the City of La Porte hereby finds, determines
and declares that on the 9th day of February 1998, a public hearing was held before the
City Council of the City of La Porte, Texas, pursuant to due notice, to consider the
recommendation of the City of La Porte Planning and Zoning Commission. There is
attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made
a part hereof for all purposes, the publisher's affidavit of publication of notice of said
hearing.
Section 4. The City Council of the City of La Porte hereby finds, determines
and declares that all prerequisites of law have been satisfied, and hereby determines and
declares that the amendments to Chapter 106, Divisions 8 and 9 of the Code of
Ordinances of the City of La Porte, are desirable and in furtherance of the goals and
objectives stated in the City of La Porte's comprehensive plan.
Section 5. Chapter 106, Division 8, Section 106-236 et seq, and Chapter 106,
Division 9, Section 106-261 et seq of the Code of Ordinances of the City of La Porte is
hereby amended by replacing current Chapter 106, Article II, Divisions 8 and 9 with the
language contained in Exhibit "0", which includes new Chapter 106, Article II, Divisions 8
and 9 of the Code of Ordinances of the City of La Porte, which said Exhibit "0" is fully
incorporated by reference herein, and which shall hereafter be incorporated into the
Chapter 106 of the Code of Ordinances of the City of La Porte, and which shall hereafter
read as indicated on said attached Exhibit "D." .
Section 6. Any person, as defined in Section 1.02(27) Texas Penal Code, who
shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars
ORDINANCE NO. 1501 ~z e.
Page 3
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ORIGINAL
($2,000.00). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
Section 7. All rights or remedies of the City of La Porte, Texas, are expressly
saved as to any and all violations of any Zoning Ordinance or amendments thereto, of
said City of La Porte, that have accrued at the time of the effective date of this Ordinance;
and as to such accrued violation, the court shall have all the powers that existed prior to
the effective date of this Ordinance; and as to such accrued violation, the court shall have
all the powers that existed prior to the effective date of this Ordinance; and that all
existing violations of previous zoning ordinances which would otherwise become
non-conforming uses under this Ordinance but shall be considered as violations of this
Ordinance in the same manner that they were violations of prior zoning ordinances of
said City of La Porte.
Section 8. 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, it is hereby declared to
be the intention of the City of 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 9. 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 that this meeting has been open to the public
ORDINANCE NO,1501-_-
Page 4
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ORIGINAL
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 10. This Ordinance shall become effective fourteen (14) days after its
passage and approval, however, implementation of this ordinance will not take place until
180 days after its passage. The City Secretary shall give notice to the passage of the
notice by causing the caption to be published in the official newspaper of the City of La
Porte at least twice within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE CjIL DAY OF '-1bUw IUJ
CITY OF LA PORTE
,1998.
ATTEST:
B.
A THA GILLETT,
City Secretary
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EXHIBIT "A"
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ORIGINAL
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of the Code of Ordinances, City of La Porte, Texas, Chapter
] 06, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a Public
Hearing at 6:00 'P,M. on the 16th dny of October, .1997, in the Council Chambers of the City Hall,
604 West Fainnont ,Parkway, La Porte, Texas. The purpose of this hearing is to consider amendments
to Chapter 106 of the Code of Ordinances, City of La Porte, regarding Non-Confonning Buildings,
Structures, Uses, and Lots of Record; Section 106-26], et-seq.
A regular meeting of the Planning and Zoning Commission will follow the public hearing for
the purpose of acting upon the public hearing items and to conduct other matters pertaining to the
Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened,
CITY OF LA PORTE
Martha Gillett
City Secretary
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TheB.
O R I G 11ft ~,r!'.exas 77571
, "<R)~1-1234
1200 Hwy. 146
Suite 180
P.O. Box 1414
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly newspaper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of September 28, 1997
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Sandra E. Bumgarner
Office Manager
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this ;leD- day of F~~t<.UFl/l..1
~vn60 fh. JI~
Notary Public
Harris County, Texas
Sworn and subscribed before me
A.D. 19 &J8',
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ORIGINAL
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THE STATE' OF TEXAS
COUNTY, OF HARRIS ... .:;.~. ' '...... ~
CITY OF LA PC;>RTE'
, NOTICE OF- PUBLIC HEARING'
'{ '" "
In accordance with the' provisions of the
Code of Ordinances, City of La Forte, T~ .
Chapter 106, notice is hereby given lhatjthe
La Forte Planning and Zon,ing Commi~ion
will conduct a Public Hearing at &:00 P1M.
on th d~Y OCtOber:~7' in the
, of the 'City aI W~
Fairrnont r 'jjrte, , xas. T~e
purpose 0 tho h ari g ',Is consi~.r'
ame'ldments Ch' 0, .the Cod*it ' .
afiOrdinances;'City 0 'ca!Port8:-regan:tint-~
Non-Conforming Buil,dlngs, Structures,
Us!ilS> and Lo!sof R~rd;~n 106-261, '
et-seq. '.' ' .-" ;-'" ;': .:,
. A regular meetin~ ~i ttie' Planning and
Zoning Commission, will fOllOW' the public .'
hearing for the purpose of acting' upon the .
public hearing items and to conduct other'
matters pertaining to, the ,Co,!"r:nission.
. .. ... . ,'..'
Citizens - wishing to a~d~ess the
Commission pro or con during the Public
Hearing will be required to sign in before
the meeting is convened.. ' '
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CITY OF LA PORTE
Martha Gillett
. ' City, Secretary
EXHIBIT "B"
· ORIGINAL
City of La Porte
Established 1892
December 1, 1997
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Non-Conforming Buildings, Structures, Uses, and Lots of Record
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its November 20, 1997,
meeting, considered a proposed amendment to Chapter 106 of the Code of
Ordinances regarding Non-Conforming Buildings, Structures, Uses, and Lots of
Record.
The Planning and Zoning Commission has, by a unanimous vote, recommended
that City Council consider approving this amendment to the Code of Ordinances.
Respectfully Submitted,
~~
" s;tt'y I wa~rs
Chairman, Planning and Zoning Commission
c: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
La Porte Planning and Zoning Commission Members
P.O. Box 1115 · La Porte, Texas 77572-1115 · (713)471-5020
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EXHIBIT "e"
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ORIGINAL
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of the Code of Ordinances, City of La Porte, Texas,
Chapter 106, notice is hereby given that the La Porte City Council will conduct a Public Hearing at
6:00 P.M. on the 9th day of February, 1998, in the Council Chambers of the City Hall, 604 West
Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider amendments to
Chapter 106 of the Code of Ordinances, City of La Porte, regarding Non-Conforming Buildings,
Structures, Uses, and Lots of Record; Section 106-261, et-seq.
A regular meeting of the City Council will follow the public hearing for the purpose of acting
upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the Public Hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
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o RIG' N Al L Pone,' Texas 77571
L(713) 471-1234
.-."
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1200 Hwy. 146
Suite 180
P.O. Box 1414
The B > I
..
County of Harris
State of Texas
Before me, the undersigned authority, on this date
carne and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly newspaper
pub1i~hed in La Porte, Harris County, Texas, and who
after being duly sworn, says the a~tached notice was
published in The Bayshore Sun of January 25, 1998
.'
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Sandra E. Bumgarner
Office Manager
~
this ~~ day of F€B~~Ae1
*~~ A,14~Ykd
Notary Public
Harris County, Texas
Sworn and subscribed before me
A.D. 1991 .
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.. ORIGINAL
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EXHIBIT 'D'
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DIVISION 8, SITE PLAN
OR~GINAL
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 106-237 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 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 106-239 ApDlication 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.
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Section 106-240 Minimum Building Setback,
ORIGINAL
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 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) Conforming Use does not Change to Non-conforming Use if Adiacent
Prooerty Subseauently Changes Zoning Classification,
A use that conforms to the zoning regul~tions 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.
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Section 106-262 Non-Conforming Structures.
1) Limitation on Regulation,
ORIGINAL
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-Conformina Structures,
Subject to all limitations herein set forth, any non-conforming structure may be
occupied and operated and maintained in a state of good repair, but no
non-conforming structure shall be enlarged 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 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
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.
5) Determination of ReDlacement Cost,
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ORIGINAL
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) ReDairs and Alterations,
Repairs and alterations may be made to a non-conforming building or structure;
provided, 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 more dwelling units on the lot than is permissible in the district in which the
building is 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) ADDroval of Schedule by Board of Adiustment, 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 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)
consecutive calendar days. The use of the non-conforming structure, when
abandoned, shall not resume.
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ORIGINAL
When it has been determined by the Enforcement Officer that a non-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 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-Conforming Uses subiect 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) Changing a Non-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
Classification 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
a non-conforming use or structure.
Section 106-264 Notification of Non-conforming Status,
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OR~GINAL
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 ADDlication for Exemption from Extended Useful Life
Reauirement.
1) Application Requirements.
An owner or qualified occupant of a non-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,
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
established 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 for 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 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.
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ORIGINAL
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
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 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 required 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).
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ORIGINAL
2) Public Hearing,
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
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.
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3) Extended Useful Life Period,
ORIGINAL
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 in 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 end 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 grounds for termination under 106-267(3) exist; or (ii) a report from the
Planning Director recommending revocation of such Revocable Use, which shall
be based upon a determination that a reasonable probability of one or more
grounds for termination under 106-267(3) exist for such recommendation.
2) Board Notice, Review and Decision,
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OR~G1NAL
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.
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
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 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) Required 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
implementation of the legislative purposes of the zoning district in which the use is
10
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ORIGINAL
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
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-conforming Uses Not Subiect 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 of the Board of Adjustment, or a taxpayer, or
an officer, department, board or buroau 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
11 '
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· ORIGINAL
the district court within 10 days after the date the decision is filed in the Board of
Adjustment's office.
Section 106-268 Non-Conforming Lots of Record,
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.
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 a non-conforming lot of record that is made
conforming shall not thereafter be changed back to a non-conforming lot.
Section 106-269 Zoning of Annexed Prooerty,
1) Temporary R-1 Classification of Annexed Prooerty,
All territory annexed hereafter to the City of La Porte shall be temporarily classified
as R-1 Low Density residential, only until permanently zoned by the La Porte City
Council. Immediately after the annexation of any territory to the City of La Porte,
the City Planning and Zoning Commission shall commence any action necessary
to recommend to the City Council a permanent zoning classification. The
procedure for making permanent such classification shall be the same as is
provided by law for the adoption of the original zoning regulations, and shall take
place within one hundred eighty (180) days from the date of annexation.
12
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ORrG~NAL
2) Developments Presented to City 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
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.
Sections 106-270 - 106-300, Reserved,
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1200 Hwy. 146
Suite 180
P.O. Box 1414
The
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly newspaper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of Septenber 28, 1997
.:
.~i~~
Sandra E. Bumgarner
Office Manager
c:
this :2~ day of F';~/<.IAAtZ 1
~~~ h,. JI~
Notary Public
Harris County, Texas
"
,
Sworn and subscribed before me
A,D. 19 'i11.
......................................................................................o"'~....:...~ ,
e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of the
CoCIe of Ordinances, City of La Porte, Texas, '
Chapter 106, notice is hereby given lhatithe
La Porte Planning and Zoning Commission
will conduct a Public Hearing at 6:00 PIM.
on th~~~ d~Y f October, 97, in \he
Cou~~'" be ' of the 'City aI West
Fairmont r y'~Porte,. xas. T~e
purpose o. th h ari g is' consid~r
amendments Ch' 1""1'06, the Code
of Ordinances, City of La Porte-, regarding:
Non-Conforming Buil,dings, Structures,
Uses, and Lois of Record; Section 106-261,
et-seq.
A regular meeting of the Planning and
Zoning Commission will fOllow the public
hearing for the purpose of acting upon the
public hearing items and to conduct other
matters pertaining to the Commission.
Citizens wishing to address ttle::......
Commission pro or con during the Public
Hearing will be required to sign in before
the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
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.
<;
~
- .. .....
..
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OR' G ~ N A ~ne; Texas 77571
J ~13) 471-1234
1200 Hwy, 146
Suite 180
P.O. Box 1414
Sun
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly newspaper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of .January 25, 1998
.-
.
.~)-~
Sandra E. Bumgarner
Office Manager
~
this ~~ day of FEB~~Ae1
-*vn~.A.1~
Notary Public
Harris County, Texas
Sworn and subscribed before me
A,D. 1993' .
: -....
:Jt".: .'.... ..,." .
e
NOTICE OF PUBLIC HEARING
, "
In accordance with the
provisions of the Code of Ordi~ances,
City of La Porte, Texas. Chapter 106,
notice is hereby given that the La Porte
City Council will conduct a Public
Hearing at 6:00 P.M. on the 9th day of
February, 1998, in the Council
Chambers of tI:Ie City Hall, 604 West
Fairmont Parkway, La ,Porte, Texas. The
purpose ~iS earing Is to consider
amendm ts Chapter 10.Jibf the
Code of i ces, Ci~La Porte,
regarding" 0 on rmi', 'Idings,
Structure., Usn, ots ecord;
Section 106. 1, et.s q. . '
A .' u eeting of the City
Council will fOil ' e public hearing for
the purpose of acting ,upon the public
hearing items and to conduct other
matters pertaining to the Council,
, Citizens wishing to address
the Council pro Dr con during the Public
Hearing will be required to sign in before
the meeting is convened,
CITY OF LA PORTE
Martha Gillett
City Secretary
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