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<br />~ 106-191 <br /> <br />LA PORTE CODE <br /> <br />DMSION 6. SPECIAL EXCEPTIONS AND VARIANCES" <br /> <br />Sec. 106-19L Special exceptions. <br /> <br />(a) Application for special exceptions. All applications for special exception to the terms of <br />this chapter shall be in writing and ~hall specify the ~cts involved, the relief desired, and the <br />grounds therefor. Each such application shall be filed, along with the apprDpriate 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 /> <br />(b) Special e::cceptions to be .Teuuwed; finding of fad3. 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 foll~g 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 /> <br />. ---~1)' To reconstruct, enlarge or extend a buildin~ occupied by a nonconforming use on the lot <br />Dr tract occupied by such building, provided that the reconstroction, extension, Dr <br />. enlargement does not Prevent the return of the property to a conforming use. <br />~"__"___,,,,,,,,,,,,,,,,,,,,,'.'_"__~'~_W'~"~~_'" __0 ..~.." <br /> <br />_._~H" (2) To deviate yard requirements in the following circumstances: <br /> <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 /> <br />b. A rear yard exception where the actual rear yard setback Df any fDur or more lots <br />in the same block does not meet the rear yard requirements of these regulations. <br /> <br />A yard exception on corner lots. <br /> <br />d. An exception where the existing front yard setbacks of the various lots in the <br />same block. are not uniform, so that anyone of the existing front yard setbacks <br />shall, for buildings hereafter constructed or e:rtended, be the required minimum <br />front yard depth. <br /> <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 e:tception request applies. <br /> <br />(c) Hearings on applica.twns for special exceptions. The board of adjustment shall fi:c a <br />reasonable time for the hearing of all applicatiDns for special e:tceptions, give public notice <br />thereof, as well as due notice ~ 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 /> <br />*Editor's note-See also section 106-89 for additional rules for hearings in front of the <br />zoning board of adjustment. <br /> <br />CD106:32 <br />