03-28-13 Zoning Board of Adjustment Meeting

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ZON114191"I § 106-2f.-32 L7, 1 s and ordir-ances of the city.The burden of proof Into co 'er, or M'fle-1, COUE-1 yyjpjj,,,nce with this chapL -the rr cost in showing that t�-L, Aructure S rer�air rosL does not exceed 5,0 percent of --placement of such structure rests upon the owiaer of such structuye. (e) -DetCralination of replacement cof5t. In f-JaLermirting the replacement" cost of any nonron- forining structure, the cost of land or any factors other than the nonconforming structure itself, shall not be included. (f) Repairs and alterations. Repai:cq and alterations may be made to a nonconformil-19 building or structure; provided, that no external alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use. No additional dwelling units shall be added where the nonconforming use results from there being more dwelling units, on the lot than is permissible in the district in which the building is located. (g) Enlargement to nonconformingr structure. A structure that is nonconforming may be altered, remodeled or otherwise improved, but not enlarged, unless the board of adjustznent determines (pursuant to section 106-1.91) that such erilaroreinent will not result iii an increase in the degree of nonconformity with the regulations and development standards of the district in which it is located. (1) Submission of schedule to eliminate nonconformity. The applicant shall present to the board of adjustment a schedule for elimination or substantial reduction of the nonconformity over a reasonable period of time not to exceed 20 years, or setting -forth the reasons why such action is not reasonably possible, (2) Approval of schedule by board of adjustment. The board of adjustment shall raview and' mace any revisions found necessary to ensure that priority is given to elinaination or reduction of those noncon.formities that have signifiemit, adverse impacts on surround- ing properties, and -which can reason.abiy be ameliorated taking into account the effect of the configuration of the lot and the location of existing structures and th.e cost of eliminat ing or substantially reducing such nonconfor-mities. (h) Abandonment of nonconforming use or nonconforming structure. (1) A nonconforming use shall be deerned abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The nonconforming us. , when abandoned, shall riot resurne. (2) A nonconforming structure shall be deemed abandonedvilien the structure ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The use of the nonc onforming sti-ticture, when abandoned, shall not resume. (3) MThen it has been determined by the enforcement officer that a nonconforming use or structure has been abandoned, notification shall be made by cart-ified mail -to the owner (as shown on the certified tax rolls-) of the abandoned nonconforming use or structure. The owner or his representative seeking to maintain such nonconforming use or structure I appeal eal the enforcement officer's decision to the board of adjustment. The property owner or his representative seeking to ran-intain the existing nonconforming Sump. No, 1 CD106:39