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Home My WebLink AboutORD 1875 Joint Public Hearing for Special Exceptions for Work Under Permit City of West University Place Harris County, Texas Ordinance No. 1875 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING SPECIAL EXCEPTIONS FOR WORK UNDER PERMIT; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ("Zoning Ordinance"); and WHEREAS, the Z&PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University Place, Texas 77005 during the City Council meeting set to begin at 6:30 p.m. on September 8,2008. The hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on September 22, 2008 at the same place, unless rescheduled. The City Manger may reschedule either date and time, or both, to accommodate other pending matters, but the rescheduled date(s) and time(s) may not be later than 30 days past the later of the two dates set by this ordinance. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard in relation to the proposal described in Exhibit A. Section 3. The procedures for adoption of the proposal shall be as follows: (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the Z&PC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted to the Z&PC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially the form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the City's official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to the persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter, or with utility bills or may be separate. The City Council specifically approves giving combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall become effective immediately upon adoption and signature. OVED, AD?PTED AND SIGNED on~~ 'l'i!200t. · GfL") /' Signed 11/ 1!1 Ity Secretary . ?5 Mayor Recommended: \~ ~ pr~ James L. Dougherty, Jr. Approved as to legal form: ~/? k---- City Attorney forms/ORD 54 0 calling zoning hearing 7..06 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 June 12, 2008 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Preliminary report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to SPECIAL EXCEPTIONS FOR WORK UNDER PERMIT To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its preliminary report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. Under the current zoning ordinance, a structure can acquire prior-non-conforming status (PNC status) if it is "constructed or established in conformance with the zoning ordinance." On the other hand, if a structure violates the ordinance "when built," it usually cannot obtain PNC status, even if the violation is minor or temporary. Example: Because of a mistake in roof pitch, a new house gets built with a roof ridge that violates the maximum height limit by 12 inches. The mistake is not discovered until the house is almost completed. Sometimes, owners try to obtain relief for "when-built" violations by seeking variances. State zoning law makes this very difficult---even impossible. The law requires both "special conditions" and an "unnecessary hardship" to support the granting of any variance. A "personal" or "self-created" condition usually does not count. In a 2006 variance case (called City of Dallas v. Vanesko), the Texas Supreme Court ruled that building a house in violation of a height limit was a "personal" or "self-created" condition that could not support the granting of a variance. (Note: In a companion report, the Commission is recommending that the City recognize this Supreme Court ruling by amending the ordinance section on variances.) This proposed amendment would allow the adjustment to grant relief for an item built ordinance, but only if certain circumstances including all of the following: (1) the violation must have been shown in plans and specifications submitted to the City; neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the violation; the violation was covered by a City permit; upon learning about the violation, the owner promptly conferred with City staff (and voluntarily halted any non-conforming work) ; granting relief will not cause a health or safety hazard, or any significant impact upon another person or property; the violation can be cured---by bringing it into conformance with the ordinance---within a set time period and at a modest or reasonable cost. Notes: Cure is not required if the impact on others is either nil or extremely small. The cure period (if there is one) ends early if ownership is transferred, unless the new owner acknowledges the special exception and cure period before the transfer. ( 5) (6 ) zoning board in violation are present, of of the (2 ) (3) (4 ) If all these circumstances are present, the board could issue a special exception granting PNC status for the item built in violation of the ordinance. [ ] Such a special exception could also require reduction of the violation, mitigation, etc. Normal PNC rules would also apply. They require that non- conforming items be brought into compliance when certain events occur, e.g., when a new house is built. This proposal would provide some flexibility for dealing with inadvertent violations of the zoning ordinance, but only if all the listed circumstances are present. Perhaps the most important circumstance is that the violation may not have a significant impact upon others. [ Preliminary Recommendation. Based on the limited review given this matter so far, and subject to further review following public hearing, the Commission: (i) finds that the proposal, if adopted, would be in the publ ic interest, (i i) makes a preliminary recommendation favorable to the proposal, (ii) recommends that the City Council call a joint public hearing to consider this matter. The Commission invites all interested persons to participate in the joint public hearing. The Vote. The vote on approval of this report was as follows: Commissioners Brown, McManus, Elkowitz and Stafshede voted "ayei" no "noes;" Duncan, Yehle, and Clark absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ~<~~ .' rcc-. ~----..----z----, For' e Commission Amendment relating to special exceptions for work under permit Draft 6-6-08 recommended by ZPC 6-12-08 Add 8 new Section 12-106, 8S follows: Section 12-106. Special Exceution. Certain Work Under Permit. (a) Generally. The ZBA may issue a special exception to grant PNC status for a stmctural item that did not conform to this ordinance when it was constructed or established, if the ZBA finds: (i) the non-conformance was clearly and specifically shown in plans and specifications duly submitted to obtain a City permit: Oi) before the work was done, neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the non-compliance: (iii) the non-conformance was clearly covered by the City permit (the same permit for which the plans and specifications were submitted), and the permit was otherwise regularly issued: (iv) after learning of the non-conformance, the owner promptly conferred with the administrative official (and voluntarily halted any further non-conforming work): (v) the item will cause no health or safety hazard and no significant impact upon another person or property: and (vi) the item can be brought into conformance with this ordinance within the time period specified in the special exception, at a modest or reasonable cost. Excevtion: Bringing the item into conformance need not be required if the ZBA finds that the impact of the item on other persons or properties is either nil or extremely small. (b) Time to comply; conditions. No such special exception is effective unless it specifies a time period within which the item must be brought into conformance with this ordinance (if required: see above). PNC status granted for a specified time period is lost when the specified time period expires or if ownership is sooner transferred (unless the new owner acknowledges both the special exception and the date the time period expires, by written instmment filed with the administrative official before the transfer). Any r&Hehl special exception issued under this section may contain conditions designed to: (i) reduce non-conformance, (ii) mitigate (or compensate for) the effects of non-conformance, (iii) achieve conformance sooner than the specified time period, or (iv) any combination of the foregoing. (c) Scope of exception. For good cause shown, such a special exception may allow completion, minor modification and occupancy of the stmctural item without losing PNC status. Exhibit B NOTICE OF PUBLIC HEARINGS The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ("City") will hold joint public hearings in the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on . Each hearing may be recessed and continued to the City Council meeting set to begin at 6:30 p.m. on , at the same place. The purpose for the hearings is to provide an opportunity for parties in interest and citizens to be heard in relation to proposal(s) to amend the City's Zoning Ordinance, as follows: Special Exceptions For Work Under Per.mit. This proposal would allow the zoning board of adjustment to issue a special exception granting prior non-conforming status for items built in violation of the zoning ordinance, but only if certain circumstances are present, including all of the following: (1) the violation must have been shown in plans and specifications submitted to the City; (2) neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the violation; (3) the violation was covered by a City permit; (4) upon learning about the violation, the owner promptly conferred with City staff (and voluntarily halted any non-conforming work) ; (5) granting relief will not cause a health or safety hazard, or any significant impact upon another person or property; (6) the violation can be cured---by bringing it into conformance with the ordinance---within a set time period and at a modest or reasonable cost. Notes: Cure is not required if the impact on others is either nil or extremely small. The cure period (if there is one) ends early if ownership is transferred, unless the new owner acknowledges the special exception and cure period before the transfer. [Insert others] Additional details on the proposal(s) as well as the Zoning Ordinance are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance would apply generally within the City, and any person interested in such matters should attend the hearings. The proposal(s) may be adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance. IS/City Secretary Date: