O-87-1243 - 6/11/1987ORDINANCE NO. /6243
AN ORDINANCE AMENDING CHAPTER 11, SECTION 3.Q. (1) (d), CODE OF ORDINANCE,
CITY OF ROUND ROCK, TEXAS, BY ADDING SUBPARAGRAPH (i) PROVIDING FOR APPEAL TO
THE CITY COUNCIL OF DENIAL OF A BULDING PERMIT FOR A NONCONFORMING USE;
PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS:
I.
That Chapter II, Section 3.Q. (i) (d) Code of Ordinances, City of Round
Rock, Texas, is hereby amended by adding to (d) the following:
(I) Where the building official determines that a non conforming
building or structure has been damaged or destroyed to an extent
greater than 60% of its fair market value and denies a building
permit for reconstruction on the basis of a nonconforming use,
an applicant for a permit shall have the right of appeal to
City Council within 15 days after receipt of notificaion of
such action. The applicant shall be advised by the City
Secretary of the time and place of the hearing at which his
appeal will be considered and shall have the right to attend
and be heard as to his reasons for filing the same. In
determining the time and place of the hearing the City Secretary
shall cause a public notification to be published in the official
newspaper describing the requested development, a minimum of 10
days prior to the hearing; and cause certified letters to be
sent to all property owners within 200 feet of the boundary of
the parcel of land for which the building permit is being
applied for.
In dermining whether to allow the issuance of a building permit,
the City Council shall determine that:
1. It will not be contrary to the public interest, and
2. it will be in harmony with adjacent land uses, and
3. it will not adversely affect the public health, safety
or welfare.
II.
A. The invalidity of any section or provision of this ordinance shall
not invalidate other sections or provisions thereof.
B. All ordinances, parts of ordinances, or resolutions in conflict
herewith are expressly repealed.
(Mark through the following alternative that is not applicable)
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of
all Council members present, the requirement for reading this ordinance
on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this M? of
Alternative 2.
READ and APPROVED on first reading this the day of
ATTEST:
READ and APPROVED and ADOPTED on second reading this the day of
NE
, 1987.
LAND, City Secretary
MIKE ROBINSON, MAYOR
City of Round Rock, Texas
, 1987.
, 1987.
DATE: June 9, 1987
SUBJECT: Council Agenda, June 11, 1987
ITEM: 11D - Consider an ordinance amending the Zoning
Ordinance relative to non - conforming uses.
(First Reading)
The attached amendment will provide an appeal to City
Council for a non - conforming use that may not be
reconstructed by virtue of being destroyed to an
extent greater than 60% of its fair market value.
The present ordinance prohibits reconstruction of
non- conforming uses under these circumstances.
In determining whether or not to allow the issuance of
a building permit the City Council shall determine that:
1.) it will not be contrary to the public interest, and
2.) it will be in harmony with adjacent land uses, and
3.) it will not adversely affect the public health,
safety, or welfare.
The appeal procedure would include public notice to adjacent
property owners and a public hearing to assure their input.
This appeal provision would not apply to non- conforming
signs and billboards