03-28-13 Zoning Board of Adjustment Meeting

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ZBOA 03/28/13 413-95000001 Page 2 of 6 Nonconforming Issues: On pre-existing & non -conforming structure issues, Section 106-262(d) of the City's Code of Ordinances states: "Obsolescence of Structure". The right to operate and maintain any non -conforming structure shall terminate and shall cease to exist whenever the non -conforming structure becomes substandard under the codes and ordinances of the City, and the cost of placing such structure in lawful compliance with the applicable ordinances exceeds 50 percent of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the enforcing officer determines that such structure is obsolete or substandard. In addition, the enforcement officer of the City shall note the owner of such nonconforming structure, as shown on the certified tax rolls of the City, as to the date of termination of the right to operate and maintain such nonconforming structure, and as to the procedure to be followed to bring such structure into compliance with the codes and ordinances of the City. The burden of proof in showing that the structure's repair cost does not exceed 50 percent of the replacement cost of such structure rests upon the owner of such structure. Present development regulations require the structure to be built with some building setbacks to allow for traffic visibility and landscaping. There are several aspects of the existing development that are considered nonconforming when compared to current City's development standards. These issues are as follows: Building Setbacks: The City's Zoning Ordinance stipulates minimum setbacks for a Main Street Overlay District as: Front - 0'; Rear — 20'; Side - 0'; 10' on Side when a corner lot. Property survey shows an existing primary structure has no 10' side setback when adjacent to public right-of- way and accessory structure is encroaching upon the rear setback. Substandard Structure & Notification: In accordance with the City's Zoning Ordinance, Section 106-262(d), a letter dated January 30, 2012, served as a notification that the right to operate and maintain the "substandard non- conforming structure(s) is terminated. An owner or his representative seeking to provide proof that the structure's repair cost does not exceed 50 percent of the replacement cost of such structure may appeal the enforcement officer's decision to the Zoning Board of Adjustment.