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<br />~ . ,I~ (..f <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />i ) <br />! <br /> <br />) <br /> <br />Site Data <br /> <br /> <br />NB: Neighborhood Business <br />Community Commercial <br />NB: Neighborhood Business <br />1.09 acres (47,622 square reel) <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 ofa Special Use Permit (SUP), No <br />Special Use Permit has been issued for this property, However, since 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 of the <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 />enlarf!ed (emphasis added1 intensified, increased, extended to OCCUDV af!Yeater <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 fot 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 IO/Ol/2003 - Page 2 of8 <br />