ORDINANCE NO. 10-392

AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, SAID APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, AS AMENDED, BY AMENDING SECTIONS 9.06D, 9.07B, AND 9.08, OF ARTICLE IX, NONCONFORMING USES, TO CLARIFY METHOD OF CALCULATING THE APPRAISED VALUE OF A STRUCTURE IN THE EVENT A BUILDING IS PARTIALLY DESTROYED; AMENDING REGULATIONS CONCERNING THE REPAIR AND MAINTENANCE OF NONCONFORMING BUILDINGS OR STRUCTURES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.

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            WHEREAS, the City of Bunker Hill Village, Texas recognizes that within districts of the City there exists lots, buildings, or structures, uses of land, buildings, or structures, and characteristics of use which lawfully existed before the City adopted its comprehensive zoning ordinance; and

            WHEREAS, the City of Bunker Hill Village, Texas desires to change its regulations concerning the rebuilding, repair, or modification of lawfully existing nonconforming buildings or structures; and

            WHEREAS, the City of Bunker Hill Village, Texas finds it to be in the best interest of the health, safety, and welfare of its citizens to amend the regulations contained in the City’s comprehensive zoning ordinance; now, therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUNKER HILL VILLAGE, TEXAS:

            Section 1.        The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct and are hereby adopted, ratified, and confirmed.

            Section 2.        The Code of Ordinances of the City of Bunker Hill Village, Texas, is hereby amended by amending the language in Subsection D of Section 9.06, Nonconforming use of buildings, of Article IX, Nonconforming Uses, of Appendix A, by deleting the language which is struck-through and adding the language which is underscored to read as follows:

“Sec. 9.06.      Nonconforming use of buildings.

. . . . . .

D.        Obsolescence or destruction of building. If the building in which a nonconforming use was in lawful existence on the effective date of this ordinance becomes obsolete or is totally destroyed by fire or other force or means, such use shall not be extended or continued on the premises and such building shall not be rebuilt except in conformity with the provisions hereof and for a use permitted in the district in which it is located. In the event such building is partially destroyed by fire or other force or means in excess of fifty (50) percent of its replacement cost to the extent that the cost of repair exceeds fifty (50) percent of the value of the structure at the time of its partial destruction, it shall not be restored, rebuilt, or repaired unless it is made to conform to the regulations of the district in which it is situated and it and the premises upon which it is located are changed to a permitted use in such district.  For purposes of this subsection, the value of the structure shall be the average cost per square foot of all new construction within the City for the last three years based on certified values from the Harris County Appraisal District.”

            Section 3.        The Code of Ordinances of the City of Bunker Hill Village, Texas, is further amended by amending the language in Subsection B of Section 9.07B, Destruction, of Article IX, Nonconforming Uses, of Appendix A by deleting the language which is struck-through and adding the language which is underscored to read as follows:

“Sec. 9.07.      Nonconforming buildings and structures.

. . . . . .

B.        Destruction.  In the event such nonconforming building or structure or the nonconforming portion thereof should be destroyed by any force or means to the extent of more than fifty (50) percent of its replacement cost that the cost of repair exceeds fifty (50) percent of the value of the structure at the time of such destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.  For purposes of this subsection, the value of the structure shall be the average cost per square foot of all new construction within the City for the last three years based on certified values from the Harris County Appraisal District.”

Section 4.        The Code of Ordinances of the City of Bunker Hill Village, Texas, is further amended by amending the language in Section 9.08, Repairs and maintenance, of Article IX, Nonconforming Uses, of Appendix A by deleting the language which is struck-through and adding the language which is underscored to read as follows:

“Sec. 9.08.      Repairs, modifications, and maintenance.

A.        On any nonconforming building or structure, work may be done on ordinary maintenance and repair,.

B.                 On any nonconforming building or structure, the repair modification or replacement of nonbearing walls, fixtures, wiring, plumbing, and similar items shall be allowed after the owner thereof or his duly authorized representative has obtained any and all necessary permits to perform such work, only under the following conditions:

1.         provided the cubic content of such building or structure existing at the time it became nonconforming shall not be increased; and

2.                  the modification of an existing structure involves structural modifications, including wall or ceiling board replacement, in rooms constituting no more than fifty percent (50%) of the climate controlled square footage of the structure; provided, however, that this subsection shall not apply to situations where the wall board replacement is for the lowest forty-eight inches (48”) of the first floor of the structure within 60 days of a verifiable water damage event; and

3.         the cost of repair or modification does not exceed fifty percent (50%) of the value of the structure prior to the repair or modification.  For purposes of this subsection, the value of the structure shall be the average cost per square foot of all new construction within the City for the last three years based on certified values from the Harris County Appraisal District.”

            Section 5.        Any person who intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00.  Each day of violation shall constitute a separate offense.

Section 6.        In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Bunker Hill Village, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.

            Section 7.        All ordinances or parts of ordinances inconsistent or in conflict herewith, are, to the extent of such inconsistency or conflict, hereby repealed.

            PASSED, APPROVED, AND ADOPTED this _____ day of _____________ 2010.

                                                                        Derry Essary

                                                                        Mayor

ATTEST:

Kelly Johnson

City Secretary