03-23-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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ZONING ~ 106-262 into compliance with this chapter, or other codes and ordinances of the city. The burden of proof in showing that the structure's repair cost does not ~xceed 50 percent of the replacement cost of such structure rests upon the owner of such structure. (e) Determination of replacement cost. In determining the replacement cost of any noncon- forming structure, the cost ofland or any factors other than the nonconforming structure itself, shall not be included. (f) Repairs and alterations. Repairs and alterations may be made to a nonconforming building or structure; provided, that no external alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use. No additional dwellin'g units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. (g) Enlargement to nonconforming structure. A structure that is nonconforming may be altered, remodeled or otherwise improved, but not enlarged, unless the board of adjustment determines (pursuant to section 106-191) that such enlargement will not result in an increase in the degree of nonconformity with the regulations and development standards of the district in which it is iocated. (1) Submission of schedule to eliminate nonconformity. The applicant shall present to the board of adjustment a schedule for elimination or substantial reducti~n of the . nonconformity over a reasonable period of time not to exceed 20 years, or setting forth the reasons why such action is not reasonably possible; (2) Approval of schedule by board of adjustment. The board of adjustment shall review and make any revisions found necessary to ensure that priority is given to elimination or reduction ~fthose nonconformities that have significant adverse impacts on surround- ing properties, and which can reasonably be ameliorated taking into account the effect of the configuration of the lot arid the location of existing structures and the 'cost of eliminating or substantially reducirig such nonconformities. ~ Abandonment of nonconf~rming use or nonconforming structure. (1) A nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconfonility for a period of 180 consecutive calendar days. The nonconforming use, when abandoned, shall not resume. (2) A nonconforming structure shall be deemed abandoned when the structure ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The use ofthe nonconforming structure, when abandoned, shall not resume. (3) When it has been determined by the enforcement officer that a nonconforming use or structure has been abandoned, notification shall be made by certified. mail to the owner (as shown on the certified tax rolls) of the abandoned nonconforming use or struCture. The owner or his representative seeking to maintain such nonconforming use or structure may appeal the enforcement officer's decision to the board of adjustment. The property owner or his representative seeking to maintain the existing nonco~orming Supp. No. 1 CDI06:39 7\KH:'Bfl