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• • <br />non-conforming use on the effective date of any amendment by which <br />the use became non- conforming, but such land or floor area shall <br />not be increased, except that such limitation shall not apply for <br />farming uses. <br />2. Chancrinct a Non-Conforming Use <br />Any non-conforming use may be changed to a use conforming with the <br />regulations herein established for the district in which the <br />non-conforming use was located; provided however, that a non- <br />conforming use so changed shall not thereafter be changed back to <br />a non-conforming use. <br />3. Abandonment of Non-Conforming Use <br />A non-conforming use, when abandoned, shall not resume. A non- <br />conforming use is abandoned when land used for an established <br />non-conforming use ceases to be used for a period of ninety (90) <br />consecutive calendar days, and it is determined that an intent to <br />abandon the non-conforming use occurred, as evidenced by an overt <br />act or a failure to act on the part of the non- conforming use <br />landowner or his occupant. <br />Whether or not a non-conforming use has been abandoned is a <br />question that shall be determined by the Board of Adjustment. The <br />property owner or his representative seeking to maintain the <br />existing non-conforming use shall have the burden of proving to <br />the Board of Adjustment that the use has not been discontinued for <br />a period of ninety (90) consecutive calendar days, and/or that the <br />owner or his representative did not intend to abandon the <br />non-conforming use during the period of cessation of use of the <br />non-conforming use. <br />Section 4'- 20'3 Notification of_Non-conforming Use Status=' <br />The Planning Director .shall mail wri ten notice; prior to or <br />concurrently with the notice .of public hearing pursuant to 4'-.205,.. to <br />all persons having an interest in'the property as shown by the tax <br />rolls--of the .City of La Porte where the .property is locatedand to_the. <br />occupant-of each non-conforming use in the City of La Porte by regular...-: <br />and ;by certified mail, return` receipt requested..The notice shall <br />state that the use is subject to amortization and shall specfy_the <br />procedures- for obtaining'`an exemption from. the amortization and' <br />......... ... <br />termination .requirements of 4 - 204: and 4 -_2 OS. <br />- 32 - <br />