08-21-14 Regular Meeting of the Planning and Zoning Commission

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SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES (1) A nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The nonconforming use, when abandoned, shall not resume. (2) A nonconforming structure shall be deemed abandoned when the structure ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The use of the nonconforming structure, when abandoned, shall not resume. (3) When it has been determined by the enforcement officer that a nonconforming use or structure has been abandoned, notification shall be made by certified mail to the owner (as shown on the certified tax rolls) of the abandoned nonconforming use or structure. The owner or his representative seeking to maintain such nonconforming use or structure may appeal the enforcement officer's decision to the board of adjustment. The property owner or his representative seeking to maintain the existing nonconforming structure shall have the burden of proving to the board of adjustment in such appeal that the structure or use has not been abandoned for a period of 180 consecutive calendar days, and that the owner or his representative did not intend to abandon the nonconforming structure or use during said 180- day period. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-263. Nonconforming uses. (a) Continuance of nonconforming uses subject to this chapter. Subject to the provisions of this chapter relating to extended useful life of nonconforming uses, any nonconforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the nonconforming use on the effective date of this ordinance, provided that such land area or floor area shall not be increased, except that such limitation shall not apply for farming uses. (b) Changing a nonconforming use. Any nonconforming use or structure may be changed to a use conforming to the regulations established in this chapter for the district in which the nonconforming use or structure is located, or the nonconforming use or structure may be changed to a use or structure more conforming to the zoning district in which the nonconforming use or structure is located. For purposes of this section, the term "more conforming to the zoning district in which the nonconforming use or structure is located" shall mean a less intense use, (per the Standard Industrial Classification Code). Whether or not a use is more conforming to the zoning district in which the nonconforming use or structure is located is a question to be determined by the planning director, subject to appeal as provided within this article in this division. A nonconforming use or structure so changed shall not thereafter be returned to a nonconforming use or structure. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-264. Notification of nonconforming status. Owners and occupants of property subject to extended useful life and/or termination of nonconforming status pursuant to this division shall be notified of such status by the planning director of the city. The planning director shall mail written notice, prior to or concurrently with the notice of public hearing pursuant to section 106-266 (Extended useful life and termination), to all persons having an interest in property (as shown by the tax rolls of the city) where the property is located and to the occupant of each nonconforming use in the city 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 LaPorte,Texas,CodeofOrdinancesPage46