02-27-1997 Public Hearing and Special Called Meeting

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• • Bd. of Adjustment Appeal #A97-002 2/27/97 Page 4 of 7 Analysis; Zoning Ordinance Section 11-604 establishes the conditions under which the Board may grant an appeal. The guidelines are as follows: • That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interpretation of the enforcement officer is a reasonable presumption and the zoning ordinance is unreasonable. • That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. • The decision of the Board must be in the best interest of the community and consistent with the spirit and interest of the City's zoning laws and the Comprehensive Plan of the City of La Porte. Conclusion: Sect. 4-202, Item 4, Abandonment of Non-Conforming Use, explains that anon-conforming use is abandoned when land used for an established non-conforming use ceases to be used for a period of ninety (90) consecutive calendar days, and it is determined that an intent to abandon the non:conforming use occurred, as evidenced by an overt act or a failure to act on the part of the non-conforming use landowner or his occupant. Whether or not anon-conforming use has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or. his representative seeking to maintain the existing non-conforming use shall have the burden of proving to the Board of Adjustment that the use has not been discontinued for a period of ninety (90) consecutive calendar days and/or that the owner or his representative did not intend to abandon the non- conforming use during the period of cessation of use of the non- conforming use.