Sec. 38-214. Alterations and Enlargements of Nonconforming Uses and Structures.
A.Except as noted herein, no structure, the use of which is nonconforming, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, provided, however, the Planning Commission may allow a structure housing a nonconforming residential use in an R district to be altered and enlarged by adding not more than 10 percent of the existing habitable floor area, provided that the number of dwelling units is not increased.
B.No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.
C.No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site, or another structure or site which it did not occupy on the effective date of the ordinance codified in this article, or of the amendments thereto that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.
D.No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yards, side yards, rear yards, height of structures, distances between structures, driveways, courts, or usable open space prescribed in the regulations for the district in which the structure is located. Variances are not required for alterations that do not increase such a discrepancy. The Community Development Director will review additions to nonconforming single-family residential construction plans for conformity. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yards, side yards, rear yards, height of structures, maximum allowable floor area, distances between structures, driveways, courts, or usable open space prescribed in the regulations for the district in which the structure is located. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
E.The nonconforming use of a structure or site may be changed to another nonconforming use after a duly noticed hearing, if the Planning Commission makes the findings required by Section 38-161(A) and issues a use permit.
F.No use which fails to meet the performance standards of Section 38-111 shall be enlarged or extended unless the enlargement or extension will result in elimination of nonconformity with required conditions. (Ord. 3424 § 1, 2009)