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<br />" <br />f . ,-- ~ <br /> <br />) <br /> <br />) <br /> <br />. Site Data <br /> <br />. <br /> <br />. <br /> <br /> <br />NB: Neighborhood Business <br />Conuuunity Commercial <br />NB: Neighborhood Business <br />1.09 acres (47,622 square feet) <br />Relatively Flat <br /> <br />Site Overview <br /> <br />1. Zoning - Does not meet requirements. (Requires variances to two sections) <br /> <br />A restaurant is an allowed use only after the issuance of a Special Use Permit (SUP). No <br />Special Use Permit has been issued for this property. However, siuce the restaurant has <br />been in operation since 1959, at which time a building permit was issued, the use would <br />likely be considered legal non-conforming. After reviewing the Zoning Ordinance which <br />would have been in place at that time (December 6, 1956), it appears that a restaurant <br />would have been a permitted use. <br /> <br />However, since the use is legal non-conforming it is also regulated by Section 9 ofthe <br />Zoning Ordinance. Under Section 9, the ordinance states the following activities are <br />prohibited for a non-conforming use: <br />No nonconforming use shall be changed to a different nonconforming use, <br />enlarl!ed (emphasis added), intensified, increased, extended to OCCUlJV a I!reater <br />area of the lot on which it is located (emphasis added), moved to any other part of <br />the lot on which or building in which it is located, constructed, reconstructed, <br />structurally altered or remodeled, except as provided in the next paragraph <br />hereof (Section 9, D). [The next paragraph (Section 9, E) talks about repairs. <br />maintenance, and interior remodeling]. <br />A variance to this section would be necessary for the applicant's proposed addition. <br /> <br />This property is also subject to the Special Requirements for the Neighborhood Business <br />(NB) District. The requirements regulating Special Uses in the NB District state that a <br />"restaurant shall not exceed 3,000 gross square feet..." (Section 5, H, 3, a). Therefore, a <br />variance to this section would also be required for the applicant's proposed addition. <br /> <br />2. Setbacks - Meets code requirement. <br /> <br />The applicant's building does not fall infringe into the setback area for principal or <br />accessory buildings. The following table lists the various setback regulations. <br /> <br />PC #03-12- PC Report 10/0112003 - Page 2 of8 <br />