09-11-1997 Regular Meeting of the La Porte Planning and Zoning Commission

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• • to the owner (as shown on the certified tax rolls) of the abandoned non-conforming use or structure. The owner or his representative seeking to maintain such non- conforming use or structure may appeal the Enforcement Officer's decision to the Board of Adjustment. The property owner or his representative seeking to, maintain the existing non-conforming structure shall have the burden of proving to the Board of Adjustment in such appeal that the structure or use has not been abandoned for a period of one hundred eighty (180) consecutive calendar days, and that the owner or his representative did not intend to abandon the non-conforming structure or use during said one hundred eighty (180) day period. Section 106-263 Non-Conforming Uses. 1) Continuance of Non-Conformingt Uses subject to this Ordinance. Subject'to~the provisions ofi his: Ordinance relatingto extended useful life of non- confocminguses, :any: non-conforming use may be continued. in operation on: he samerlantl~area.and,:om.the~~same~floorin a.str~ct~re°~or°structures~which'were _ . occupied. by~;the~.non-confom~ing;.. use:, on :- the it effective-:date of :this,. ordinance, provided,ttiatsuch~land ~area~or,floor areaahall ~ not be~ increased;= excepfithat_such -. ~; `~ .; limitatioctashalhnot~applyfor:farming~uses. _ . ,. ..._~ .. „ .. , .. ., , ;~::2)~.Charrgingaa6Norr=Conforming Use: , YAny~non=conforming..use~or_structure may:be::changed.^to.auserconforming> o they ..~.regulafions~~.established~ in°..this ordinance..< for° the district-: in~~ ~.~which the non-confiorming °use .or: structure is located: Anon-conforming use° or. structure. so changed<shall notahereafterbe-retumed o anon-conforming use or: structure. Section 106-264 Notification of Non-conforming Status. Owners and occupants of property subject to extended useful life and/or termination of non-conforming status pursuant to this Ordinance shall be notified of such status by the Planning Director of the City of La Porte. The Planning Director shall mail written notice, prior to or concurrently with the notice of public hearing pursuant to 106-266, to all persons having an interest in property (as shown by the tax rolls of the City of La Porte) where the property is located and to the occupant of each non-conforming use in the City of La Porte by regular and by certified mail, return receipt requested. The notice shall state that the use is subject to a determination of its extended useful life and termination requirements and shall specify the procedures for obtaining an exemption from the extended useful life and termination requirements of 106-265 and 106-266. 0:\CLP\Ordinances\Non-Conforming Uses 5 Working Copy - 10/08/97