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Ordinance Section 903.010 F., addresses the lessening of a non- <br />conforming use. The Ordinance states, "A lawful non - conforming <br />use of a structure or parcel of land may be changed to lessen the <br />non - conformity of the use. Once a non - conforming structure or <br />parcel of land has been changed, it shall not thereafter be so <br />altered to increase the non - conformity." <br />The only way to "lessen the non - conformity" present on the site <br />property, would be to require the garage location be altered to <br />establish the required ten (10) foot side yard setback. <br />Ordinance Section 903.010 G., refers to the destruction of a non- <br />conforming use. The Ordinance Section states, "if at any time a <br />non - conforming building, structure or use shall be destroyed to <br />the extent of more than fifty (50) percent of its fair market <br />value...from and after the date of said destruction (the <br />building, structure or use will) be subject to all the <br />regulations specified by these zoning regulations for the <br />district in which such land and buildings are located." <br />The existing garage has been removed. Reestablishing or <br />replacing the garage with another non - conforming structure, <br />without correctly addressing the zoning restrictions of the R -1 <br />District, will be in conflict with Ordinance Section 903.010 G. <br />Variance: <br />Granting a variance for the two and one -half (2 1/2) foot <br />encroachment into the side yard setback is an option to resolving <br />the problem of non - conformity, with regard to the garage <br />placement. City Ordinance states however, in the Administration <br />Variances and Appeals Section 922.010.C.2.: <br />2. A variance from the terms of this Ordinance shall not <br />be granted unless it can be demonstrated that: <br />a. Special conditions and circumstances exist which <br />are peculiar to the land, structure, or building <br />involved. <br />(1) Special conditions may include exceptional <br />topographic or water conditions or, in the <br />case of an existing lot or parcel of record, <br />narrowness, shallowness, insufficient area <br />or shape of the property. <br />(2) Special conditions and circumstances may not <br />be primarily economic in nature. <br />b. Literal interpretation of the provisions of this <br />Ordinance would deprive the applicant of rights <br />commonly enjoyed by other properties in the same <br />district under the terms of this Ordinance. <br />Page 42 <br />