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

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• Section 106-262 Non-Conforming Structures 1) Limitation on Re4ulation. No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed anon-conforming structure solely for a failure to comply with provisions relating to Article V, Division 2, Accessory Buildings, Uses, and Equipment, of this Ordinance. 2) Continuance of Non-Conforming Structures Subject to all limitations herein set forth, any non-conforming structure may be occupied and operated and maintained in a state of good repair, but no non-conforming structure shall be enlarged unless the enlargement is made in accordance with the provisions of section 106-262 (7) of this Ordinance. 3) Accidental Damage to Structure If a building occupied by non-conforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt unless it conforms with the provisions of this Ordinance. In the case of partial destruction by fire or other causes, not exceeding fifty percent (50%) of its value, as determined by a licensed appraiser, the Enforcing Officer of the City of LaPorte, Texas may issue a permit for reconstruction. If greater than fifty percent (50%) and less than total, the Board may grant as a special exception a permit for repairs but not for enlargement or reconstruction of the building. 4) Obsolescence of Structure. The right to operate and maintain any non-conforming structure shall terminate and shall cease to exist whenever the non-conforming structure becomes sub-standard under the codes and ordinances of the City of LaPorte, Texas, and the cost of placing such structure in lawful compliance with applicable ordinances exceeds fifty percent (50%) of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the Enforcement Officer determines that such structure is obsolete or sub-standard. The Enforcement Officer of the City of LaPorte, Texas shall notify the owner of such non-conforming structure, as shown on the certified tax rolls of the City of LaPorte, Texas, as to the date of termination of the right to operate and maintain such non-conforming structure, and as to the procedure to be followed to bring such structure into compliance with this ordinance, or other codes and ordinances of the City. The burden of proof in showing that the structure's repair cost does not exceed fifty percent (50%) of the replacement cost of such structure rests upon the owner of such structure. 0:\CLPlordinances\Non-Conforming Uses 3 Working Copy -11/17/97