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<br />Amendment Application No. 2006-01 <br />August 14, 2006 <br />Page 3 <br /> <br />Kelly's Auto Body desires to expand its existing facility. Section 41-681 <br />of the SAMC states that "No nonconforming building, or building occupied <br />by a nonconforming use shall be enlarged nor shall the exterior walls of <br />such a building be structurally altered in any manner unless such building <br />and the site on which it is located will thereafter conform to all <br />applicable provisions of this chapter.... If In order for Kelly's site to <br />achieve conformancy the auto use would have to be removed from the site. <br />Since this would be counter to the owner's goal of continuing to operate <br />an auto body use on the site, the use could not be brought into <br />conformancy and no enlargements or structural alterations can be achieved. <br /> <br />In this case, the applicant's request can only be facilitated if the zone <br />is changed to a category that allows auto uses, such as the C2 zone or if <br />the C-SM zone is amended to allow auto service uses. In considering these <br />rezoning options, staff reviewed the original policy considerations that <br />informed the Council's action in 2000. <br /> <br />Beginning in 1999 the City Council began a process to address inconsistent <br />uses and incompatible development standards in the South Main Street area. <br />This process included the involvement of the South Main City Council <br />Committee, the South Main Merchants, the Heninger Park Neighborhood <br />Association, and the Planning Commission. After extensive study new <br />standards were developed to preserve the unique development pattern along <br />South Main, strengthening it as a location for specialty retail, and <br />providing for the eventual transition of incompatible uses out of the <br />area. Through this process eight use categories were specifically <br />prohibited in the C-SM zone. These are: <br /> <br />1. Automobile repair and automobile servicing uses. <br />2. Automobile sales. <br />3. Service stations. <br />4. Mortuaries. <br />5. Hospitals and sanitariums. <br />6. Clinics and medical office uses. <br />7. Golf courses. <br />8. Churches and accessory church buildings. <br /> <br />The intent of the rezoning was to encourage pedestrian-friendly and <br />neighborhood serving commercial uses. <br /> <br />If approved, a <br />nonconforming use <br />that achieves the <br /> <br />zone change would extend the <br />and would make the site less likely <br />goals of the C-SM zoning standards. <br /> <br />life of the legal <br />to recycle to a use <br />Second, the removal <br /> <br />75A-6 <br /> <br />