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exceeds forty percent (40%) of the market value of the
<br /> structure, excluding the value of the land, either: (a) before
<br /> the improvement is commenced; or (b) prior to damage if the
<br /> structure has been damaged and is being restored.
<br /> Substantial improvement shall be considered to occur when the
<br /> first alteration of any wall , ceiling, or other structural
<br /> part of the building commences. The term shall not include
<br /> any repair, reconstruction, or improvement of structures
<br /> listed on the National Register of Historic Places or the
<br /> State Inventory of Historic Places.
<br /> SECTION III .
<br /> That Article 3, Nonconforming Uses, of Chapter 21 , Zoning, of the Municipal
<br /> Code of South Bend, Indiana, be amended by deleting in their entirety the
<br /> following Sub-Sections of Section 21-37(e):
<br /> Sec. 21-37(e)(1 )
<br /> Sec. 21-37(e)(2)
<br /> SECTION IV.
<br /> That Article 3, Nonconforming Uses, of Chapter 21 , Zoning, of the Municipal
<br /> Code of South Bend, Indiana, be amended by adding the following Sub-Sections to
<br /> Section 21-37(e):
<br /> Sec. 21-37(e)(1) A nonconforming building, structure, or use located
<br /> within the "F-1" Floodway or the "F" Floodplain District shall
<br /> not be expanded or enlarged unless a special permit for
<br /> construction in a floodway or an appropriate letter of
<br /> recommendation has been issued by the Natural Resources
<br /> Commission.
<br /> Sec. 21-37(e)(2) A nonconforming building, structure, or use located
<br /> within the "F-2" Floodway Fringe District may be altered,
<br /> enlarged, or extended, on a one-time-only basis, provided that
<br /> such alteration, enlargement, or extension does not increase
<br /> the value of the property, excluding the value of the land, by
<br /> more than forty percent (40%) of its pre-improvement market
<br /> value. Any alteration, enlargement, or extension of a
<br /> nonconforming building, structure, or use which would
<br /> constitute an increase in the value of the property, excluding
<br /> the value of the land, by more than forty percent (40%) shall
<br /> be in conformance with the provisions of this Chapter.
<br /> SECTION V.
<br /> That Article 6, Board of Zoning Appeals, of Chapter 21 , Zoning, of the
<br /> Municipal Code of South Bend, Indiana, be amended by deleting in its entirety
<br /> the following Sub-Section of Section 21-109(a)(11 )(B):
<br /> Sec. 21-109(a)(11 )(B)2.
<br /> SECTION VI .
<br /> That Article 6, Board of Zoning Appeals, of Chapter 21 , Zoning, of the
<br /> Municipal Code of South Bend, Indiana, be amended by adding the following Sub-
<br /> Section to Section 21-109(a)(11) (B) :
<br /> Sec. 21-109(a)(11 )(B)2. If a structure listed on the National Register
<br />
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