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<br />l~J <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. Changing 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 --203 'No ificaton of-`Non-conforming. Use Status' <br />The _; Planning Director shall mail. written 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 located and.. 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 specify the <br />procedures for obtaining an exemption from the amortization and- <br />termnation requirements of 4 -`2,04. and 4 - 205. <br />- 32 - <br />