02-24-2005 Regular Meeing and Public Hearing

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• Is Board of Adjustment February 24, 2005 #A 05-001 Page 3 of 4 c) The decision of the Board must be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws and the comprehensive plan of the city. • Section 106-261 states that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where not existing, wherever and whenever possible, except when necessary to preserve property rights. • Section 106-262 (g) states that, "A structure that is nonconforming may be altered, remodeled or otherwise improved by not enlarged, unless the board of adjustment determines that such enlargement will not result in an increase in the degree of nonconformity with the regulations and development standards of the district in which it is located." By enlarging the restaurant space from one half of the building as in 1999 to the entire building in 2004, the nonconforming use was enlarged. The structure was; therefore required to become conforming by the 2004 SCUP. The structure and use would have become conforming by complying with the conditions set forth SCU#04-009. • Section 106-262 (h)(1) states "A nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days. As previously discussed, the restaurant was closed from 1998 to 1999 and again from 2000 to 2004. The use, therefore was abandoned. The re -opening of the restaurant required conformity with the zoning ordinance as satisfied by SCUP #99- 001 and the requirements of SCUP #04-009 • Section 106-263 (b) states that "Any nonconforming use or structure may be changed to a use conforming to the regulations established in this chapter for the district in which the nonconforming use or structure is located ... A non- conforming use or structure so changed shall not thereafter be returned to a nonconforming use or structure." The Texas Grill opened in a conforming status in 1999 and applied for a SCUP in 2004 to conform again to the zoning ordinance. Section 106-263 (b) specially prohibits a use reverting to nonconforming status.