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§ 106-191 LA PORTE CODE <br />DIVISION 6. SPECIAL EXCEPTIONS AND VARIANCES* <br />Sec. 106-191. Special exceptions. <br />(a) Application for special exceptions. All applications for special exception to the terms of <br />this chapter shall be in writing and shall specify the facts involved, the relief desired, and the <br />grounds therefor. Each such application shall be filed, along with the appropriate fees, with the <br />enforcement officer who after investigation shall transmit such application together with his <br />report to the board of adjustment within ten days after the filing of the application with the <br />enforcement officer. <br />(b) Special exceptions to be reviewed; finding of facts: The term "special exception" shall <br />mean a deviation from the requirements of this chapter, specifically enumerated herein, which <br />shall be granted only in the following instances, and then only when the board finds that such <br />special exception will not adversely affect the value and use of adjacent or neighboring <br />property or be contrary to the best public interest: <br />(1) To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot <br />or tract occupied by such building, provided that the reconstruction, extension, or <br />enlargement does not prevent the return of the property to a conforming use. <br />(2) To deviate yard requirements in the following circumstances: <br />a. Any exception from the front yard requirements where the actual front yard <br />setback of any abutting lot does not meet the front yard requirement. <br />b. A rear yard exception where the actual rear yard setback of any four or more lots <br />in the same block does not meet the rear yard requirements of these regulations. <br />C. A yard exception on corner lots. <br />d. An exception where the existing front yard setbacks of the various lots in the <br />same block are not uniform, so that any one of the existing front yard setbacks <br />shall, for buildings hereafter constructed or extended, be the required minimum <br />front yard depth. <br />(3) To waive or reduce off-street parking and loading requirements when the board finds <br />the same are unnecessary for the proposed use of the building or structure for which <br />the special exception request -applies. <br />(c) Hearings on applications for special exceptions. The board of adjustment shall fix a <br />reasonable time for the hearing of all applications for special exceptions, give public notice <br />thereof, as well as due notice to the parties in interest, and decide the same within a <br />reasonable time as specified in section 106-194. Upon the hearing any party may appear in <br />person or by agent or by attorney. <br />*Editor's note —See also section 106-89 for additional rules for hearings in front of the <br />zoning board of adjustment. <br />CD106:32 <br />