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

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SubpartBLANDUSEREGULATIONS Chapter106ZONING ARTICLEII.ADMINISTRATION DIVISION9.NONCONFORMINGBUILDINGS,STRUCTURESANDUSES and termination requirements of sections 106-265 (Application for exemption from extended useful life request) and 106-266 (Extended useful life and termination) . (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-265. Application for exemption from extended useful life requirement. (a) Application requirements. An owner or qualified occupant of a nonconforming use or structure may seek an exemption from the extended useful life and termination requirements of section 106-266 (Extended useful life and termination). The grounds upon which such an exemption may be sought shall be either: (i) that the nonconforming use or structure has no adverse impact upon allowed land uses in the district in which it is located; or (ii) that the nonconforming 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 ten working days prior to the date scheduled for the public hearing being conducted pursuant to section 106-266 (Extended useful life and termination). (b) Board review and decision. The board of adjustment shall hold the public hearing pursuant to section 106-266(Extended useful life and termination) , 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 (Extended useful life and termination). 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 nonconforming use from the extended useful life and termination requirements of section 106-266 (Extended useful life and termination), 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 operations; and (iii) a specified term of years for which the exemption shall be granted. If the board of adjustment does not authorize an exemption from the extended useful life and termination requirements of section 106-266 (Extended useful life and termination), it shall after considering applicable law, information presented at the hearing and other factors deemed relevant by it, establish an extended useful life period for the nonconforming use in accordance with section 106- 266(Extended useful life and termination) . (c) Appeal. Any person aggrieved by the decision of the board of adjustment or a taxpayer or an officer, department, board or bureau of the city, may appeal the decision in accordance with V.T.C.A., Local Government Code § 211.011. Unless properly appealed within ten days of the date the decision is filed in the board of adjustment's office, the decision of the board of adjustment is final and incontestable. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-266. Extended useful life and termination. (a) Extended useful life of specific nonconforming uses. Nonconforming uses shall be terminated at the end of an extended useful life period established by the board of adjustment in accordance with this section. The extended useful life period to be established shall not be less than five years, nor more than 20 years from the effective date of the order of the board of adjustment, unless the Board LaPorte,Texas,CodeofOrdinancesPage47