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<br />e <br /> <br />e <br /> <br />ORIGINAL <br /> <br />If the Board of Adjustment does not authorize an exemption from the extended <br />useful life and termination requirements of Section 106-266, it shall after <br />considering applicable law, information presented at the hearing and other factors <br />deemed relevant by it, establish an extended useful life period for the non- <br />conforming use in accordance with Section 106-266. <br /> <br />3) Appeal. <br /> <br />Any person aggrieved by the decision of the Board of Adjustment or a taxpayer or <br />an officer, department, board or bureau of the City, may appeal the decision in <br />accordance with Section 211.011 of the Texas Local Government Code. Unless <br />properly appealed within 10 days of the date the decision is filed in the Board of <br />Adjustment's office, the decision of the Board of Adjustment is final and <br />incontestable. <br /> <br />Section 106-266 Extended Useful Life and Termination, <br />1) Extended Useful Life of Specific Non-conforming Uses, <br /> <br />Non-conforming uses shall be terminated at the end of an extended useful life <br />period established by the Board of Adjustment in accordance with this Section. <br />The extended useful life period to be established shall not be less than 5 years, <br />nor more than 20 years from the effective date of the Order of the Board of <br />Adjustment, unless the Board determines on the basis of expert appraisal <br />testimony that a greater extended useful life period is necessary to enable the <br />property owner to recoup the current remaining useful investment in the property <br />made prior to the date of the order of the Board of Adjustment establishing the <br />extended useful life period. The Board of Adjustment, shall hold a public hearing, <br />as required by Subsection (2) below, to establish an extended useful life period or <br />to consider an application by the non-conforming user for exemption from the <br />extended useful life and termination requirements set forth in this Section 106-266. <br />If the Board of Adjustment grants an exemption, the use shall be known as an <br />"exempted non-conforming use." If the Board of Adjustment does not grant an <br />exemption, it shall establish an extended useful life period subsequent to the <br />hearing procedure established in Subsection (2). If an application for exemption <br />from extended useful life is not submitted, the Board of Adjustment shall establish <br />an extended useful life period pursuant to Subsection (3). <br /> <br />7 <br />