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Because the auto body shop is a non - conformity, it is further <br />restricted by non - conformity standards. The Ordinance states <br />that any non - conformity lawfully existing at time of this <br />Ordinance shall not be enlarged upon, but may be continued at the <br />same intensity. Further, no non - conforming use shall be moved to <br />another lot or any other part of the parcel of land which the use <br />is on unless it brings the non - conformance into compliance. Any <br />non - conforming use shall not be destroyed beyond 50 percent of <br />its fair market value. If that happens, the land and use shall <br />be subject to the regulations of the current Zoning Ordinance. <br />Because the existing auto body shop is a use not allowed in a B -3 <br />zone and is therefore a non - conformity, he cannot enlarge or move <br />and rebuild buildings without being in violation of the <br />Ordinance. As the Ordinance is written, Mr. Kukk cannot legally <br />expand his operation at its current site. <br />ANALYSIS <br />If the City finds this proposal a benefit to the area and the <br />City, it may choose to study alternatives to make this <br />application conform to the district it is located in. The <br />existing subdivision in which this parcel is located in has lots <br />only 75 feet wide. This small size lot may never be developed <br />because no buildings would ever be able to comply with setback <br />restrictions. Mr. Kukk, by acquiring this parcel and combining <br />it with his existing parcel, could have a piece of land which is <br />wide enough to accommodate development. <br />One option to make this proposal comply with district standards <br />would be to propose a text amendment to the B -3 District allowing <br />Automobile Repair -Major as a conditional use with its own set of <br />restrictions. In this particular case, it may provide the City <br />an opportunity to have an existing business clean up its site, <br />build a new structure and reopen the business in compliance with <br />all current design standards. <br />Automobile sales is a permitted use in the B -3 District. <br />Accessory to this use provided by car dealerships is automobile <br />service and body repair which is usually located on the premises. <br />Therefore, auto body repair may be taking place in a B -3 zone <br />when in conjunction with automobile sales. Due to this fact, a <br />freestanding auto body shop may not be out of character for the <br />B -3 District. Should Automobile Repair -Major be considered for a <br />text amendment as a conditional use in the B -3 zone, specific <br />strict conditions should be placed upon this type of operation. <br />If this action is considered by the City, our office would <br />recommend that the following list be considered as the conditions <br />which must be complied with as part of the conditional use <br />2 <br />Page 44 <br />