02-26-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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~ 106-171 LA PORTE CODE 2. The area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. Such amendment, supplement, change, modification, or repeal shall not become effective except by the favorable vote of three- fourths of all the members of the city council. 3. Streets and alleys shall be included when computing the area of land from which a protest may be filed. (8) Vote to overrule. The affirmative vote of at least three-fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied. (Ord. No. 1501-05, ~ 6(Exh. F), 3-19-07) Sees. 106-172-106-190. Reserved. DIVISION 6. SPECIAL EXCEPTIONS AND VARIANCES* Sec. 106-191. Special exceptions. (a) Application for special exceptions. All applications for special exception to the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefor. Each such application shall be filed, along with the appropriate fees, with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Special exceptions to be reviewed; finding of facts. The term "special exception" shall mean a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest: (1) To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (2) To deviate yard requirements in the following circumstances: a. Any exception from the front yard requirements where the actual front yard setback of any abutting lot does'not meet the front yard requirement. b. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. c. A yard exception on comer lots. *Editor's note-See also section 106-89 for additional rules for hearings in front of the zoning board of adjustment. Supp. No. 16 CD106:32 EXHIBIT 0