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• • <br />D. Destruction of a Building dccupied by a Nonconforming Use <br />Cities typically regulate destructon and subsequent rebuilding of <br />nonconforming uses by either a percentage of appraised value or <br />size of floor area. t.a Porte's ordinance is based on value and <br />states the following: <br />• Total (100%) destruction of value -new construction must <br />comply with regulations; <br />• Between 5096 - 9996 destruction of value -Special <br />Exception permit may be granted by the ZBA for repairs <br />only, not enlargement or reconstructlon (see findings <br />required for Special Exceptions); <br />• Less than 5096 destruction of value -permit may be issued <br />for reconstruction. <br />Special Exception findings: In order to grant a Special Exception, <br />the ZBA must find that such "Specal Exception will not adversely <br />affect the value and use of adjacent or neighboring property or be <br />contrary to the best public:interest.° <br />E. Obsolescence of Nonconforming Structure <br />The ordinance states that the right to operate a nonconforming <br />structure shall terminate whenever the nonconforming structure <br />becomes substandard under the codes of the City and the cost of <br />improving the structure to comply with the codes is greater than <br />50°~ of its replacement value, as determined by an appraiser. <br />Analysis of l~iviaicnt 4, Zonini Urciinance, Nonconfcxming Buildings. ti~ructures, and Ilsrs ~ <br />City of I d Porte, Texas, July 18, 1999 <br />l~aw~ bill & Patterson Ccu~sultants <br />LO'd dZ0=90 66-8t-u~C <br />