Reso23-12 Reso 0046 PC Recommending Zoning Text & Map Amendments & Exhibits

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ATTY/RESO.0046/PC RESO RECOMMENDING ZONING TEXT & MAP AMENDMENTS – EXHIBIT A REV: 06-02-23 JB Page 46 of 66 Article 33 – NONCONFORMING LOTS, USES, STRUCTURES AND PARKING [Subsections 33.1 – 33.10 remain unchanged] [Article 33, Section 33.11 is amended as follows] 33.11 – Structural Alteration of Nonconforming Structures. A nonconforming structure may be structurally altered, provided that: A. For single-family, two-family (duplex), and three-family (triplex) residential structures, no more than seventy percent (70%) of the existing exterior walls, measured in linear feet, floor area per residential unit may be removed or structurally altered unless the entire structure is brought into compliance with zoning requirements; B. For all other structures, no more than seventy (70) percent (70%) of the existing exterior walls, measured in linear feet, of the floor area may be removed or structurally 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; D. Existing nonconforming accessory structures may be repaired, reconstructed, or converted into accessory dwelling units, provided that there is no increase in the nonconformity caused or created by such structure. [Subsections 33.12 – 33.15 remain unchanged. Subsection 33.16, 33.17, and 33.18 are amended as follows] 33.16 – Nonconforming Parking—Single-Family Residential Uses. A. A single-family use or structure that is nonconforming due to the number of parking spaces, may be enlarged, provided: 1. The addition does not occupy existing available parking area; 2. The structure is located in the RH, R-1, R-2, R-3, R-4, or R-5 Zoning Districts; 3.The structure will not exceed two thousand (2,000) square feet in total living area after the enlargement is completed, except as provided in subsection 5; 4.The driveway meets the standards of Section 30.9 (Access Drives); and parking access and backup constraints do not prohibit use of the existing space(s); 5.The square footage limitation of two thousand (2,000) square feet may be exceeded where a Use Permit is approved, subject to meeting the following additional criteria: a. That the total net enlargement will not exceed two hundred (200) square feet (gross) over the life of the subject property;