03-22-2001 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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• • EXhIIBIT A Page 2 of 6 An existing, nonconforming use must be reviewed by the Zoning Board of Adjustment. The BOA may decide one of the following for the nonconforming use brought before them: 1. To exempt the non-conforming use from an extended useful life and termination. Based upon the Owner's application. (This would allow the non-conforming use to continue) 2. To exempt the non-conforming use and apply certain conditions as may be necessary to ensure reasonable compatibility with surrounding properties and uses. 3. To establish an extended useful life for the non-conforming use. r A. The useful life can be no shorter than five years and not greater than twenty years. At the end of the extended useful life the use terminates. B. The Boazd of Adjustment will use information provided by the property owner to determine the length of time necessary to recovery the cost of the investment. 4. To establish an extended useful life for the non-conforming use as in number 3 above and apply certain conditions as may be necessary to ensure reasonable compatibility with surrounding properties and uses. Highway Transport, Inc. has a 4.5+_ acre parcel that has a nonconforming use (tank trucking cleaning) associated with their truck terminal facility. The legal, nonconforming use began in 1983 and has been allowed to continue in operation since it's inception. However, to meet demands of their clients, the applicant is now proposing a substantial expansion and renovation of their existing business. The proposed expansion will be contained within the boundaries of their overall 4.5+ acre site; however, the previously undeveloped reaz 2.5+_ acres will be developed along with the construction of a new building and the remodeling and addition to the existing shop/truck wash building. The BOA should consider the nonconforming use and make a determination as to what, if any, impact this use shall have upon the surrounding area and the community as a whole. Zoning District -The property in question is zoned Light Industrial (I..I).. As stated in the City's Code of Ordinances, the purpose of the LI district is to provide for the establishment of warehousing and light industrial development but is limited in what uses aze allowed. While the terminal operation facility is an allowable LI use, the tank truck cleaning is not. Based on current regulations, the tank truck cleaning operation is a "permitted" use in a Heavy Industrial (H)) district rather than a LI district. The HI district allows for the establishment of heavy industrial and manufacturing development and uses which because of the nature of the product or chazacter of activity requires isolation from residential and commercial use. ' The Board of Adjustment may recess the public hearing ay any time to allow for additional information to be collected or to allow additional time to consider information and testimony presented to the board. The Public Hearing can be reconvened at as appropriate future board meeting.