10-17-1996 Planning and Zoning Commission Meeting of the La Porte Planning and Zoning Commission

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• L~ =coon 4 - 204 Application for'Exempton from Amortization (a) A_pplicaton'.Requrements...: - _ An owner or: >qualified applicant of_ a_ non-conforming ,use ,may seek' an exemption from the amortization and termination' requirements of 4 - -205. The grounds -for such'exempton shall be :that the non-conforming use has no adverse impact upon allowed land uses in 'the district in which it is located or can -be made compatible >wth such use ,upon compliance with- specified conditions. Such owner or qualified. applicant shall submit an application to '' the Planning` Director, on a form .provided by the Planning Director,;"'no lens than 10 working days prior to the 'date scheduled far the.. .....public hearing being conducted pursuant to_, 4 - 205. (b) Board Review and Decision. The '.!.Board of Adjustment shall hold the ,.public- hearing' pursuant..- to 4 - 205, following ,the .::procedures >-for `hearings.. establshed'in I1 -`604-of the Zoning ,Ordinance; and shall consider the ,application .:for 'an exemption :from 'the. amortization and termination .requirements 'of 4 - 2.05. 'The' owner or qualified :applicant shall 'have the .burden of proving the .grounds for the exemption. Upon conclusion of -the `hearing, ' if the Board of `Adjustment ;finds 'that the use' of the property has no material `adverse impact upon the 'land' uses'"permitted in the district in which._t is located or cane- be made reasonably ``compatible with such uses through the ,imposition of specified conditions, it shall, by motion, exempt the non-conforming use fromthe amortization and termination requirements of 4 - 205, and. impose such conditions as it finds necessary to ensure 'reasonable compatibility, including, but. not limited to:(i} required improvement of, or modifications to, existing improvements' on the -property; or (ii) Limitations on hours or .nature of operations; and (iii) a_specified term of ..years for which-, the. exemption shall be granted. Tf the ..Board. of Adjustment does not authorize an exemption-- from the amortization and termination requirements of, 4 - 205~ it shall of er considering applicable law, information presented at the hearing and other factors deemed relevant:'. by it, establish an amortization period for the non- conforming use iri accordance with 4 - 205. ('c) Appeal........ Any 'person aggrieved by the decision of ;the Board of Adjustment...or a taxpayer or an officer, department, board - 33 -