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

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! • properly appealed within 10 days of the date the decision is filed in the Board of Adjustment's office, the decision of the Board of Adjustment is final and incontestable. Section 106-266 Extended Useful Life and Termination. 1) Extended Useful Life of Specific Non-conforming Uses. Non-conforming uses shall be terminated at the end of an extended useful life period established by the Board of Adjustment in accordance with this Section. The extended useful life period to be established shall not be less than 5 years, nor more than 20 years from the effective date of the Order of the Board of Adjustment, unless the Board determines on the basis of expert appraisal testimony that. a greater extended useful life period is necessary to enable the property owner to recoup actual investment in the property made:: prior-to- the-date or the .arder~:ofthe. Board of Adjustment.:establishing he~:extended~~usefuF,::;life. periods ° The~~Board ~~of .Adjustment, shall - hold:~~a=public hear~ng;:a~~ re4t~i~= by Subsection.(2).below, to.::establish an extendetl~useful_Iife,periadAo~t~consideran ,__ _ application-by:the~non-conforming user-forexemptiori'~from~the~extend~eci3tise~[:life and termination re uiremerrts: set ~ forth - in thisr Section -:106.=266.~~~ If~theM BoaGd~ of e q ~Adjustmentngrants=an=:exemption, the,.use~shal4~be~knownras~an"exetripted~:non- conforming§use:"'Ifithe Board'of Adjustment does~not~grant~aiz?exemption~?it~shall establish~anr~>?extended .useful lifer period °subsequentrto_the~fiearingprocedure established~in Subsection (2). If an:applicationfarexemption~fromextended~useful ,. ._ , lifevis~not'submitted; #he.:BoacdNof Adjustment° hall~~esfablish arr~extend~d~dseful~l'tfie period pursuant~to~Subsection (3). 2) Public Hearin a) The Board of Adjustment shall hold a public hearing to establish an extended useful life for each non-conforming use subject to notification pursuant to Section 106-264, or to consider an application for an exemption from the extended useful life and termination requirements of this Section as allowed in Section 106-265 and this Section, but subject to the following notification requirements: i) Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to the owner and occupant of the non-conforming use at least 30 days prior to the date of such public hearing; ii) Publication at least 30 days prior to the date of public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the City; and 0:\CLP\Ordinances\Non-Conforming Uses 7 Working Copy -10/08/97