Reso PC20-16 0141 PC Reso Amending Proposed Zoning Ordinance Changes

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ATTY/RESO.0141/PC RESO AMENDING PROPOSED ZONING ORDINANCE CHANGES REV: 12-03-2020 PR Page 12 of 18 [Article 33, Sections 33.5 and 33.11 are amended as follows] Article 33 – NONCONFORMING LOTS, USES, STRUCTURES AND PARKING 33.10 Enlargement of Nonconforming Structures. [Subsection (A) is unchanged] 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 – Structural Alteration Repair of Nonconforming Structures. Notwithstanding the provisions of Section 33.10, any A nonconforming structure may be repaired and/or structurally altered, provided that: A. For single-family, two-family (duplex), and three-family (triplex) residential structures, no more than seventy (70) percent 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; [Subsections B-D are unchanged] 33.5 - Expansion of Nonconforming Use. A nonconforming use shall not be expanded unless a Use Permit is granted for such expansion. A nonconforming use shall not be expanded to displace a conforming use. 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: A. The resultant use and/or project design will not create new reduce current adverse impacts on adjacent properties and/or on the general public; B. The resultant use and/or project design will help preserve a historic resource; or C. 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. [Article 41, Section 41.9 is amended as follows]