Loading...
HomeMy WebLinkAboutItem 07 - Nonconforming Uses and Structures �. I TENAI 7 20 - - pq- Z q MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JANUARY 19, 2010 SUBJECT: AM 10-01 -AMENDMENTS TO SECTION 43, NONCONFORMING USES AND STRUCTURES OF THE GRAPEVINE COMPREHENSIVE ZONING ORDINANCE RECOMMENDATION: City Council to consider proposed amendments to Section 43, Nonconforming Uses and Structures of the Grapevine Comprehensive Zoning Ordinance relative to right of way acquisitions and take any necessary action. BACKGROUND INFORMATION: In the past, the city has always held the position that properties affected by the taking of right of way were considered legal conforming. For example, a property might have it's front yard reduced by the governmental taking of right of way and therefore leave a sign with less than the required setback. In such cases, the property owner has been allowed to replace the sign without meeting the required setback. This was an administrative policy, and is not currently contained in any ordinance. Jerry Hodge has indicated that the Texas Department of Transportation has requested that an ordinance be drafted to incorporate this administrative policy. Due to significant right of way acquisition for the DFW Connector project, TXDOT feels that an actual ordinance is preferable. The attached ordinance amends Section 43 of the Zoning Ordinance by adding a new Section I, Right of Way Acquisition by Governmental Agency. This new section incorporates the previous policy by exempting property that has been affected by right of way acquisition to the extent that the violation is caused by the acquisition.The exemption would not apply in the case of a subsequent zoning change initiated by the property owner, but a city initiated zoning change would not affect the exemption. Additional provisions are included that exclude the exemption in cases where the property owner is compensated for damages for loss of use of the property, and when compensation is offered by the governmental agency to the property owner to correct the violations caused by the right of way taking. 0.-=U12010tiAM 10-01.4.doc 1 DRAFT 011910 SECTION 43, NONCONFORMING USES AND STRUCTURES No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this ordinance except to provide off-street loading or off-street parking space upon approval of the Board of Adjustment. All nonconforming uses being expanded under the provisions of this Ordinance shall comply with the other applicable provisions of this Ordinance. G. TERMINATION OF NONCONFORMING STRUCTURES: 1. In the event of damage or destruction of a nonconforming structure to the extent of sixty (60) percent of the replacement cost of such structure on the date of such damage, such nonconforming structure may be rebuilt only after public hearing and favorable action by the Board Of Adjustment as provided by Section 67A. 2. Whenever a nonconforming structure is determined to be obsolete, dilapidated, or substandard by the Board of Adjustments, the right to operate, occupy, or maintain such structure may be terminated by action of the Board of Adjustment as provided in Section 67A and such structure shall be demolished. H. SPECIAL REGULATIONS FOR PUBLIC AND DENOMINATIONAL SCHOOLS: All public schools, denominational schools having a curriculum equivalent to public elementary or secondary schools, and all accessory buildings and structures normally associated therewith, including stadiums and field houses,which are built and existing on the effective date of this Ordinance, shall be considered as conforming to the provision of this Ordinance. In the event such school building has been constructed with lesser front yards, or rear yards, or with greater coverage, of floor area ratio than herein specified, such building may be altered, remodeled, enlarged, or increased in height but no provisions herein shall be construed as to require greater yards, or lesser coverage, or floor area ratio than provided by the existing construction and building permits shall be issued if in compliance with the provisions of the building code. I, RIGHT-OF-WAY ACQUISITION BY GOVERNMENTAL AGENCY 1. Definitions. As used in this section the following terms shall have the respective meanings ascribed to them: 040984 4 Section 43 DRAFT 011910 SECTION 43, NONCONFORMING USES AND STRUCTURES Governmental a-gency shall mean the United States of America, State of Texas County of Tarrant the City of Grapevine, or any other movernmental agency with the ability to exercise eminent domain powers. Ri qht-of-way acquisition shall mean the securing of right-of- way through negotiation, purchase, bargain, trade donation condemnation or other means by use or threat of eminent domain but not including the dedication of ri ht-of-wa throe h plafting or zoning processes. Dama es to the remainder shall mean the diminution or reduction of value of the remainder property suffered as a result of the acquisition of a portion of property fora public purpose. 2. Exemption permitted. In the event a rl-ght-of-way acquisition by a governmental aggency causes a property or its existin improvements to be in violation of a City zoning ordinance subdivision rule or other land use re ulation or ordinance the property shall be exempt from the provision to the extent the violation is caused by the right-of-way acquisition,subject to the following; A Zonin Chan e. 1 The exemption shall not apply to a property that undergoes a zoning change initiated bV the property owner subsequent to the right-of-way acquisition; instead, the property shall have a non-conforming status to the extent that an nonconformance with city ordinances resulted from a right-of-way acquisition by a overnmental agency rior to the rezonina, and shall be treated as a nonconforming use or structure pursuant to the City's comprehensive zoning ordinance. (2) A zoning change initiated by the City shall not 040984 5 Section 43 DRAFT 011910 SECTION 43, NONCONFORMING USES AND STRUCTURES cause a Property to lose the exemption provided by this section for propertV affected bV right-of- way acquisitions. B Safety Hazard. Nothing in this provision shall be construed to permit any site element to create a traffic safety hazard or another life safety hazard. C Compensation for Noncom liance. 1 The exemption shall not apply to Property if the right-of-way acquisition renders the remainder of the property unusable and the -governmental agency compensates the property owner for the damage to the remainder. Where such compensation is provided,the property owner is responsible for any curative measures necessary to bring the property in compliance with city codes, ordinances, and regulations. 2 The exemption shall not apply to the propeLty if the governmental agency offered compensation to the property owner for demolition removal relocation or replacement of improvements or other measures curative of the violation of City codes or ordinances caused by the right-of-way acquisition. (3) For property ineligible for an exemption under this subsection C the development services director is authorized to: a. Provide notice to any affected prope owner, lienholder, and/or certificate of occupancy holder, listing any items_ of noncompliance; and b. File an affidavit in the Tarrant Count Deed Records noting the items of noncompliance, advising that 040984 6 Section 43 DRAFT 011910 SECTION 43, NONCONFORMING USES AND STRUCTURES compensation was paid for such noncompliance, and that a certificate of occupancy shall not issue until such noncompliance is cured. Once the property_ and its improvements are brought into full compliance with all applicable ordinances of the City, the planning director shall file an affidavit in the Tarrant County Deed.Records noting such compliance. 4 If a property is ineligible for an exemption under this subsection (C), the official is authorized to revoke a certificate of occu anc of any building or structure for noncompliance with a code ordinance or re ulation. a The Building Board of Appeals Commission is authorized to issue an order of demolition a minimum of 90 days after the certificate of occupancy has been revoked for any building or structure on Property ineligible for an exemption under subsection (C)(1). 3. Effective Date. The provisions of this section shall apply to any property acquired by eminent domain after 040984 7 Section 43 o � os ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING APPENDIX D, ZONING, OF THE CODE OF ORDINANCES BY AMENDING SECTION 43, NONCONFORMING USES AND STRUCTURES, BY ADDING SECTION 43 I; RIGHT-OF- WAY ACQUISITION BY GOVERNMENTAL AGENCY, TO PROVIDE FOR AN EXEMPTION FROM AN ORDINANCE OR REGULATION WHERE VIOLATION OF SAID ORDINANCE OR REGULATION IS CAUSED BY ACQUISITION OF RIGHT-OF-WAY BY A GOVERNMENTAL AGENCY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act; and WHEREAS, the purposes of this Ordinance are to promote the public health, safety and general welfare of the citizens of the City of Grapevine. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE;:TEXAS: Section 1. That all of the findings contained hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the City of Grapevine's Code of Ordinances be, and the same is, hereby amended by amending Appendix D, Zoning, of the Code of Ordinances by amending Section 43, Nonconforming Uses and Structures, by adding Section 43 I, Right-of-Way Acquisition by Governmental Agency, which shall read as follows: "43 I. Right-of-way acquisition by governmental agency: 1. Definitions. As used in this section, the following terms shall have the respective meanings ascribed to them: Governmental agency shall mean the United States of America; State of Texas, County of Tarrant, the City of Grapevine, or any other governmental agency with the ability to exercise eminent domain powers. Right-of-way acquisition shall mean the securing of right- of-way through negotiation, purchase, bargain, trade, donation, condemnation, or other means by use or threat of eminent domain, but not including the dedication of right- of-way through platting or zoning processes. Damages to the remainder shall mean the diminution or reduction of value of the remainder property suffered as a result of the acquisition of a portion of property for a public purpose. 2. . Exemption permitted. In the event a right-of-way acquisition by a governmental agency causes a property or its existing improvements to be in violation of a City zoning ordinance; subdivision rule, or other land use regulation or ordinance, the property shall be exempt from the provision to the extent the violation is caused by the right-of-way acquisition, subject to the following: (A) Zoning Change. (1) The exemption shall not apply to a property that undergoes a zoning change initiated by the property owner subsequent to the right-of-way acquisition; instead, the property shall have a non- conforming status to the extent that any nonconformance with city ordinances resulted from a right-of-way acquisition by a governmental agency prior to the rezoning, and shall be treated as a nonconforming use or structure pursuant to the City's comprehensive zoning ordinance. (2) A zoning change initiated by the City shall not cause a property to lose the exemption provided by this section for property affected by right-of-way acquisitions. (B) Safety Hazard. Nothing in this provision shall be construed to permit any site element to create a traffic safety hazard or another life safety hazard. (C) Compensation for Noncompliance.. (1) The exemption shall not apply to property if the right-of-way acquisition renders the remainder of the property unusable, and the governmental ORD. NO. 2 agency compensates the property owner for the damage to the remainder. Where such compensation is provided, the property owner is responsible for any curative measures necessary to bring the property in compliance with city codes, ordinances; and regulations. (2) The exemption shall not apply to the property if the governmental agency offered compensation to the property owner for demolition, removal, relocation, or replacement of improvements or other measures curative of the violation of City codes or ordinances caused by the right-of-way acquisition. (3) For property ineligible for an exemption under this subsection (C), the development services director is authorized to: a. Provide notice to any affected property owner, lienholder, and/or certificate of occupancy holder, listing any items of noncompliance; and b. File an affidavit in the Tarrant County Deed Records noting the item(s) of noncompliance, advising that compensation was paid for such. noncompliance, and that a certificate of occupancy shall not issue until such noncompliance is cured. Once the property and its improvements are brought into full compliance with all applicable ordinances of the City, the planning director shall file an affidavit in the Tarrant County Deed Records noting such compliance. (4) If a property is ineligible for an exemption under this subsection (C), the building official is authorized to revoke a certificate of occupancy of any building or structure for noncompliance with a code, ordinance, or regulation. (5) The Building Board of Appeals Commission is authorized to issue an order of demolition a minimum of 90 days after the certificate of occupancy has been revoked for any building or ORD. NO. 3 structure on property ineligible for an exemption under subsection (C)(1). 3. Effective Date. The provisions of this section shall apply to any property acquired by eminent domain after Section 3. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining port ions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. That this Ordinance shall become effective from and after its date of passage in accordance with law. Section 5. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY O GRAPEVINE, TEXAS, on this the 19th day of January, 2010. APPROVED: ATTEST: ORD. NO. 4 APPROVED AS TO FORM: ORD. NO. 5