Ord2004 1130-329 - Laserfiche WebLink

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04/26/2004 a) A nonconforming structure being used for a nonconforming use shall not be enlarged or altered unless a Use Permit is granted for such changes and the new portion conforms to the regulations of the district in which it is located and if the permitted lot coverage is not exceeded by the combined structure(s) on the site. To grant such a Use Permit, the Zoning Administrator must first find, in addition to the findings required by Section 42.3, that at least one of the following three circumstances exist: 1) The resultant use and/or project design will reduce current adverse impacts on adjacent properties and/or on the general public; or 2) The resultant use and/or project design will help preserve an historic resource; or 3) The expansion of the use or the enlargement of a structure housing a nonconforming use is necessary to comply with a requirement imposed by law for the operation of the particular use, including but not limited to regulations for disabled access or seismic retrofit. b) A nonconforming structure being used for a conforming use may be enlarged or structurally altered if the new portion conforms to the regulations of the district in which it is located and if the permitted lot coverage is not exceeded by the combined structure(s) on the site. 33.11 Repair of Nonconforming Structures. Notwithstanding the provisions of Section 33.10, any nonconforming structure may be repaired and/or altered, provided that: a) for single-family, two-family (duplex), and three-family (triplex) residential structures, no more than seventy percent (70%) of the floor area per residential unit may be structurally altered and at least two habitable rooms (e.g., living room, family room, kitchen or bedroom) per residential unit must remain without alterations, unless the entire structure is brought into compliance with zoning requirements. Calculations shall not include garage floor area, but shall include all cumulative repair, maintenance and alterations over any five (5) year period. b) for all other structures, no more than seventy percent (70%) of the floor area may be altered unless the entire structure is brought into compliance with zoning requirements. Calculations shall not include garage floor area, but shall include all cumulative repair, maintenance and alterations over any five (5) year period. c) The foregoing limitations may be exceeded with respect to repairs or alterations to single-family, two-family (duplex) and three-family (triplex) structures which are nonconforming only as to parking requirements, subject to the provisions of Sections 33.16 and 33.17 of this article. F:Atty/Ord/Ord.197 1130-329 012104 6 Muff # 602