04-24-1997 Regular Meeing and Public Hearing

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• • Board of Adjustment Mtg. 9-25-97 A97-003 -Brenda Rogers Page 3 of S The issue is whether the applicant has abandoned utilitzation of the mobile home since the home was removed in May, 1996 and the application for replacement was made in August, 1997. This is the determination being appealed by the applicant. ANALYSIS: Zoning Ordinance Section 4-202 regulates the nonconforming use of property. This section states: A nonconforming use, when abandoned, shall not resume. A nonconforming use is abandoned when land used for an established nonconforming use ceases to be used for a period of ninety (90) consecutive calendar days, and it is determined that an intent to abandon the nonconforming use occurred, as evidenced by an overt act or a failure to act on the part of the nonconforming use landowner or his occupant. Whether or not a nonconforming use leas been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing nonconforming use shall have the burden of proving to the Board of Adjustment that the use has not been discontinued for a period of 90 consecutive calendar days, and that the owner or his representative did not intend to abandon the nonconforming use during the period of cessation of use of the nonconforming use. The City has established the following facts regarding this matter: ^ The mobile home that was located at 208 Pine Bluff has been removed from the property. ^ No water account at this address exists. ^ Houston Lighting and Power Company records show the mobile home service was terminated on June 1 1, 1996. ^ Ms. Rogers was unable to provide the specific date on which the mobile home was removed from the property. Based on the above considerations, the Building Official has determined that the nonconforming use of this property has ceased. Additionally, based on the date of electric service termination and the applicant's inability to provide the date on which the home was removed, the Building Official has determined that the nonconforming use has ceased for a period of at least 90 days. The use, therefore, is considered abandoned.