Stafford officials cite new state law, approve zoning verification letter for Avenue E property

At a joint special meeting, the City of Stafford's Planning and Zoning Commission and City Council heard that a recently enacted Texas law on nonconforming land uses conflicts with local zoning rules and voted to issue a zoning verification letter to clear a pending sale of a property on Avenue E.

Justin Pruitt, who identified himself as a representative for property owner Sam Tamburello, told the bodies the verification letter would "tell the lender" that the transaction could proceed and would limit the city's involvement in a sale. "This is supposed to be our intent is to have a problem-solving issue," Pruitt said. He provided the council and commission a packet that included the city code, the state law text and a draft interim verification letter.

Scott McGrath, co-compliance administrator for the City of Stafford, said the state law enacted in May changed how municipalities may treat preexisting nonconforming uses. "The state enacted a law about nonconforming land use in May. And we just found out about it," McGrath said. He told the bodies the state provision "nullifies our city ordinance" to the extent the local rule conflicts with state law, and that state law "trumps" municipal requirements. McGrath emphasized the city can still enforce building- and property-maintenance codes such as the International Property Maintenance Code against current and new owners.

Staff and the property owner's representative described the immediate problem: Stafford's zoning code had required property owners to obtain a specific-use permit (SUP) on sale to preserve or address nonconforming uses. Under the staff's and the representative's reading of the new statute, that municipal requirement may no longer be enforceable on transfer; if the city seeks to eliminate a nonconforming use it may face a state-mandated valuation or compensation obligation. Pruitt said lenders and utility providers commonly demand a zoning verification or SUP at closing; lacking that documentation, a sale can fail.

Council members and commissioners discussed options. Several members said the city needs a systematic way to track state statutory changes and to update ordinances. The planning commission voted to "obey the new rules and the new laws of Texas," take no separate action and leave the question of the verification letter to the council. The council then voted to issue the zoning verification letter requested by Sam Tamburello for the property on Avenue E; the vote was recorded in the meeting as 4 in favor and 3 opposed.

The verification letter, as described in the meeting, would confirm the property's zoning status for the limited purpose of facilitating a sale and satisfying lenders; it would not remove code enforcement authority or preclude later action if a buyer expanded or intensified the nonconforming use. City staff said a longer-term fix will require ordinance revisions and possibly updates to the city's comprehensive planning and permitting processes to reflect the state statute.

The meeting record shows staff and legal counsel intend to evaluate the city code and return with options to reconcile the local ordinance with the state provision and to identify other code sections that may be affected.