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05-24-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
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05-24-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
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City Meetings
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Zoning Board of Adjustments
Meeting Doc Type
Minutes
Date
5/24/2007
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<br />ZONING <br /> <br />~ 106-262 <br /> <br />into compliance with this chapter, or other codes and ordinances of the city. The burden of proof <br />in showing that the structure's repair cost does not exceed 50 percent of the replacement cost <br />of such structure rests upon the owner of such structure. <br /> <br />(e) Determination of replacement cost. In determining the replacement cost of any noncon- <br />forming structure, the cost ofland or any factors other than the nonconforming structure itself, <br />shall not be included. <br /> <br />(' <br />,[ <br />\, <br /> <br />(f) Repairs and alterations. Repairs and alterations may be made to a nonconforming <br />building or structure; provided, that no external alterations shall be made except those <br />required by law or ordinance, unless the building is changed to a conforming use. N 9 additional <br />dwelling units shall be added where the nonconforming use results. from there being more <br />dwelling units on the lot than is permissible in the district in which the building is located. <br /> <br />(g) Enlargement to nonconforming structure. A structure that is nonconforming may be <br />altered, remodeled or otherwise improved, but not enlarged, unless the board of adjustment <br />determines (pursuant to section 106-191) that such enlargement will not result in an increase <br />in the degree of nonconformity with the regulations and development standards of the district <br />in which it is located. <br /> <br />(1) Submission of schedule to eliminate nonconformity. The applicant shall present to the <br />board of adjustment a schedule for elimination or substantial reduction of the <br />nonconformity over a reasonable period of time not to exceed 20 years, or setting forth <br />the reasons why such action is not reasonably possible. <br /> <br />(2) Approval of schedule by board of adjustment. The board of adjustment shall review and <br />make any revisions found necessary to ensure that priority is given to elimination or <br />reduction of those nonconformities that have significant adverse impacts on surround- <br />ing properties, and which can reasonably be ameliorated taking into account the effect <br />of the configuration of the lot and the location of existing structures arid the 'cost of <br />eliminating or substantially reducing such nonconformities. <br /> <br />(h) Abandonment of nonconforming use or nonconforming structure. <br /> <br />(1) A nonconforming use shall be deemed abandoned when the use ceases to be used for, <br />the nonconformity for a period of 180 consecutive calendar days. The nonconforming <br />use, when abandoned, shall not resume. <br /> <br />(2) A nonconforming structure shall be deemed abandoned when the structure ceases to be <br />used for the nonconformity for a period of 180 consecutive calendar days. The use of the <br />nonconforming structure, when abandoned, shall not resume. <br /> <br />(3) When it has been determined by the enforcement officer that a nonconforming use or <br />structure has been abandoned, notification shall be made by certified mail to the owner <br />(as shown on the certified tax rolls) of the abandoned nonconforming use or structure. <br />The owner or his representative seeking to maintain such nonconforming use or <br />structure may appeal the enforcement officer's decision to the board of adjustment. The <br />property owner or his representative seeking to maintain the existing nonco~orming <br /> <br />Supp. No. 1 <br /> <br />CD106:39 <br /> <br />m-tflltT C <br />
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