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

Browse Search

• iii) Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feet, as determined pursuant to Section 106-89, of the lot line of the land subject to the application, inclusive of streets, alleys and rights-of--way, and to civic associations registered with the Planning Director, whose boundaries are wholly or partly within said 200 foot area b) Upon notification of the time and place of the public hearing, the owner or occupant of the non-conforming use to be subject to the extended useful life requirements of this ordinance may apply to the Planning Director for an exemption from extended useful life and termination pursuant to Section 106- 265 and include written information and documentation supporting a claim for an exemption from any extended useful life period. In the event the Board of Adjustment does not grant the exemption applied for, it shall establish an extended .useful life period based on (i) applicable law, (ii) evidence. submitted with the application, (iii) evidence presented at the hearing and: (iv) other factors.consistent~with~the.purposeof his~Zoning~.Ordinance~to.allow.the owner to: recoupsactual:~investrner~t'in~theuse-made prior-:~to~the4effective~-date~~of<thts order of :the.. Board_ of Adjustment; establishing the;extended.~useful,~life:period, specifically. including.~6ut°.not: limited~to~the ~testimony~of ~expeits~ in~ttre~fifield of property.~appraisal.. The,:owners= ors appliicanfailurer' o subm~evide>lceao support an- extended:usefulr.life= period~shall~be~carrsi~tereda~waNer~tijr~~ttie- °ownerorapplicantk.ofanyrightsto<~contesta~tkireWB~rard}of~~d~stmentFth~length of nanyextendeduseful~life;period- hatethe'BQaid~of.Adjustfne~establishes~` 3) ~Extended'.Useful Life•Period. _ . ;,a, .. ,. In theevent the owner or qualified occupant-does not~applyfor exemption from an extended _ useful life period, the Board of Adjustment;:. at the public hearing, shall establish an extended useful life period based on (i) applicable law, (ii) evidence presented at the public hearing and (iii) other factors deemed relevant by the Board of Adjustment, to allow the owner or qualified applicant to recoup actual investment in the use made prior to the effective date of this Zoning Ordinance, specifically including but not limited to testimony of experts in the field of property appraisal. The extended useful life shall not be for less than 5 years nor more than 20 years from the effective date of the useful life period, unless the Board determines upon the basis of testimony from experts in the field of properly appraisal presented at the public hearing, that an extension of the useful life period is necessary to enable the property owner to recoup actual investment in the property made prior to the date of the order of the Board of Adjustment establishing the extended useful life period. 4) End of Extended Useful Life Period. At the end of the extended useful life period established by the Board of Adjustment for a particular use, the use shall terminate. 0:\CLP\Ordinances\Non-Conforming Uses g Working Copy - 10/08/97