11-10-16 (Cancelled) Special Meeting of the Zonining Board of Adjustment Meeting

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Board of Adjustment Meeting November 10, 2016 th 201 N. 18 St. Nonconforming Special Exception Additionally, in compliance with state law, notice of the public hearing was posted at City Hall Background Information: The site is currently zoned LI, Light Industrial, and contains an existing manufacturing facility. The following table summarizes the surrounding zoning and land uses: Zoning Land Use bƚƩƷŷ Undeveloped LI, Light Industrial {ƚǒƷŷ BI, Business Industrial Industrial ĻƭƷ Railroad Tracts/Undeveloped LI, Light Industrial 9ğƭƷ Industrial LI, Light Industrial Applicable Code Provisions: Section 106-191, stipulates the requirements for consideration of a special exception. The following is an excerpt from that section as applicable to this request (see highlighted): Sec. 106-191. - Special exceptions. (a) Application for special exceptions. All applications for special exception to the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefor. Each such application shall be filed, along with the appropriate fees, with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Special exceptions to be reviewed; finding of facts. The term "special exception" shall mean a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest: (1) To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (2) To deviate yard requirements in the following circumstances: a. Any exception from the front yard requirements where the actual front yard setback of any abutting lot does not meet the front yard requirement. b. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. c. A yard exception on corner lots. d. An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for buildings hereafter constructed or extended, be the required minimum front yard depth. (3) To waive or reduce off-street parking and loading requirements when the board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. 2