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10-17-1996 Planning and Zoning Commission Meeting of the La Porte Planning and Zoning Commission
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10-17-1996 Planning and Zoning Commission Meeting of the La Porte Planning and Zoning Commission
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City Meetings
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Planning & Zoning Commission
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Minutes
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10/17/1996
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• <br />for structures in the district in which the non-conforming <br />structure is located. The provisions of Section 4-201(6) and <br />Section 11-605(2) of this Ordinance are also applicable, and shall <br />be followed. <br />3. Accidental Damage to Structure <br />If a building occupied by non-conforming uses is destroyed by fire <br />or the elements, it may not be reconstructed or rebuilt except to <br />conform with provisions herein. In the case of partial <br />destruction by fire or other causes, not exceeding fifty percent <br />(50%) of its value, as determined by a licensed appraiser, the <br />Enforcing Officer may issue a permit for reconstruction. If <br />greater than fifty percent (50%) and less than total, the Board <br />may grant as a special exception a permit for repair but not for <br />enlargement or reconstruction of the building. <br />4. Obsolescence of Structure <br />The right to operate and maintain any non-conforming structure <br />shall terminate and shall cease to exist whenever the <br />non-conforming structure becomes obsolete or sub-standard under <br />any applicable ordinance of the City and the cost of placing such <br />structure in lawful compliance with the applicable ordinance <br />exceeds fifty percent (50%) of the replacement cost of such <br />structure, as determined by a licensed appraiser, on the date that <br />the Enforcing Officer determines that such structure is obsolete <br />or sub-standard. The burden of proof in showing that the <br />structure's repair cost does not exceed fifty percent (50%) of the <br />replacement cost of such structure rests upon the owner of such <br />structure. <br />5. Determination of Replacement Cost <br />In determining the replacement cost of any non-conforming <br />structure there shall not be included therein the cost of land or <br />any factors other than the non-conforming structure itself. <br />6. Repairs and Alterations <br />Repairs and alterations may be made to a non-conforming building <br />or structure; provided, however, no structural alterations shall <br />be made except those required by law or ordinance, unless the <br />building is changed to a conforming use; and provided that no <br />additional dwelling units shall be added where the non-conforming <br />use results from there being more dwelling units on the lot than <br />is permissible in the district in which the building is located. <br />7.- Enlargement to Non-complving`Structure. <br />A structure that. is non=conforming-' may- be '.altered,'remodeled or <br />otherwise improved, but' not enlarged, unless he Board of <br />- 30 - <br />
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