10-16-1997 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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• • 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. Section 106-265 Aoalication for Exemption from Extended Useful Life Requirement. 1) Aualication Requirements An owner or qualified occupant of anon-conforming use or structure may seek an exemption from the extended useful life and termination requirements of Section 106-266. The grounds upon which such an exemption may be sought shall be either: (i) that the non-conforming use or structure has no adverse impact upon allowed land uses in the district in which it is located; or (ii) that the non-conforming use or structure can be made compatible with such surrounding uses upon compliance with specified conditions. Such owner or qualified occupant shall submit an application to the Planning Director, on a form provided by the Planning Director, no less than 10 working days prior to the date scheduled for the public hearing being conducted pursuant to Section 106-266 2) Board Review and Decision. The Board of Adjustment shall hold the public hearing pursuant to Section 106- 266, following the procedures for hearings before the Zoning Board of Adjustment established in the Zoning Ordinance; and shall consider the application for an exemption from the extended useful life and termination requirements of Section 106-266. The owner or qualified occupant shall have the burden of proving the grounds for the exemption sought. 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 it is located or can be made reasonably compatible with such uses through the imposition of specified conditions, it shall exempt the non-conforming use from the extended useful life and termination requirements of Section 106-266, and impose such conditions as it finds necessary to ensure reasonable compatibility with surrounding properties and uses, 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 O:1CLP\Ordlnances\Non-Conforming Uses 6 Working Copy -11h7/97