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<br />, <br /> <br />Page 2 of 7 <br /> <br />Section 11-604 of the Zoning <br />the Board of Adjustment may be <br />or...affected by any decision <br />Essentially, appeals can function <br /> <br />Ordinance states: "Appeals to <br />taken by any person aggrieved <br />of the enforcement officer." <br />in the following way. <br /> <br />1. A property owner (or his contractor) applies for a <br />building permit to either reconstruct an existing home <br />or build a new home within a commercial zone. <br /> <br />2. Under the terms of the current Zoning Ordinance, this <br />permit would be denied. <br /> <br />3. The owner then appeals this denial to the Board of <br />Adjustment. Appeals are decided on a case by case <br />basis, based on the merits of the appeal and guidelines <br />in the Zoning Ordinance. <br /> <br />It should be noted that the Zoning Ordinance sets very <br />stringent guidelines and standards for granting appeals. The <br />burden of proving that ordinance criteria have been satisfied is <br />placed on the applicant. <br /> <br />Regarding Special Exceptions, Section 11-605 empowers the <br />Board to consider and grant special exceptions for the <br />reconstruction of a building "occupied by a non-conforming use on <br />the lot or tract occupied by such building." The Board of <br />Adjustment considers Special Exceptions on an individual case by <br />case basis and makes determinations based on ordinance guidelines <br />and the merits of each case. An exception cannot be granted for <br />development of a new single family home to be located on <br />undevelooed commercial property. The Special Exception process <br />does however provide a means for permitting the reconstruction or <br />even complete replacement of an existing non-conforming <br />structure. This process probably provides the best avenue for <br />dealing with the concerns raised regarding homeowners on 26th <br />Street. <br /> <br />The Board of Adjustment options discussed above are <br />available in the current ordinance. Maintaining the "status quo" <br />in this area would, as intended by the Zoning Ordinance, preclude <br />the development of new single family homesites in commercial <br />zones while still providing the means to protect the rights of <br />owners of existing homes. <br />