10-16-1997 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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• occupant or occupants of the property containing said Revocable Use at least 30 days prior to the date of such public hearing; b) Publication at least 30 days prior to the public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the City; and c) Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feet as determined pursuant to Section 106-89, of, the lot line of the land subject to the application, inclusive of streets, alleys and rights-of--way, and to civic associations registered with the Planning Director, whose boundaries are wholly or party within the 200 foot area. Upon the conclusion of the public hearing, the Board of Adjustment shall determine, on the basis of written findings of fact and conclusions, whether the status of the Revocable Use should be revoked and the use amortized or terminated. In making its determination whether or not to revoke, the Board of Adjustment shall consider the standards set forth in Section 106-267(3), and if it determines to revoke, it shall, in accordance with applicable law, after considering evidence presented at the hearing and other factors consistent with the purpose of this Zoning Ordinance, establish an extended useful life period for the owner to recoup the actual investment in the use made by the owner prior to the time the use became non-conforming, in accordance with the procedures set forth above. The Revocable Use shall terminate at the end of the extended useful life period or the termination date, as the case may be, as established by the Board of Adjustment. 3) Required FindinQS and Standards in Board-Determination of Revocation To support a finding and conclusion that revokes the status of a Revocable Use based on written findings of fact and conclusions, the Board of Adjustment must find any of the following (i) a violation of any condition Imposed by the Board of Adjustment pursuant to 106-265(2); (ii) that the continuation of the Revocable Use materially and continuously interferes in an adverse manner with the implementation of the legislative purposes of the zoning district in which the use is located, or (iii) a pattern of repeated occurrences of one or more of the following with respect to the Revocable Use: a) Noise above the maximum permissible limits, as set forth in the Zoning Ordinance, or in any other City ordinance; O:1CLP\OrdinanceslNon-Conforming Uses ~ p Working Copy - 11/17/97