09-23-1993 Public Hearing and Regular Meeting ZBOA

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Page 3 of 7 Zoning Board of Adjustment Minutes of 9/23/CJ3 The determination made by the Building Official included consideration of Section 4-202 of the Zoning Ordinance. In summation it states, when a nonconforming use has ceased for a period of ninety (90) calendar days or more, it is considered abandoned and cannot be resumed. Should the issue arise as to whether or not a nonconforming use has been abandoned is a question to be determined by the Board of Adjustment. The ordinance stresses that the property owner has the burden of proving to the Board that the nonconforming use has not been abandoned. During review of the matter, the City established the following facts: · The mobile home which was located at 3244 Hillsdale has been removed from the property. · The last active water account at this address was terminated on February 19, 1993. · Houston lighting & Power Company no longer carries 3244 Hillsdale as an address for electrical service. H.L.& P. was, therefore, unable to establish the date on which the last active service account was terminated. · Mrs. Hicks has been unable to provide the specific date on which the mobile home was removed from the property. Based on these considerations, the Building Official determined that the nonconforming use of the property had ceased; the use, therefore, abandoned. Knox Askins stated that in cases such as this, the standard of proof necessary to make a determination requires some type of evidence to support the decision of the officer. Determination should not be based on state law but rather, did the Building Official interpret the Zoning Ordinance? The burden of proof rests upon the applicant to prove the Building Official did not properly interpret the ordinance. Based on the information provided, staff finds the following: · The nonconforming use, under the provisions of Zoning Ordinance Section 4-202.4, has been abandoned.