AgdaPkt 2004-03-22 - Laserfiche WebLink

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8�C3-3Z nonconforming uses. Appropriate public input would be allowed for such changes through the Use Permit process. 2. Nonconforminq Structures Nonconforming structures are generaily those that do no� comply with current requirements for setbacks, height, site coverage, c* other site development standards. A typical residential example involves a dwelling which was legally constructed (decades ago) with a substandard side yard setback. Again, most nonconforming structures would be allowed to continue indefinitely, but the potential to enlarge them or to rebuild them is restricted. Key provisions of the amendments include the following: . If occupied by a nonconforming use, the structure could only be enlarged with a Use Permit. Required findings for expanding a nonconforming use could include: reduction of impacts to neighbors, protection of historic resources, or compliance with requirements imposed by law. • If occupied by a conforming use, the structure couid be enlarged, but only if the new or altered portion complies with current regulations. . Allows repair and maintenance of nonconforming structures, if no more than 70% of floor area is altered over 5 year period; excludes residential if nonconforming only with respect to parking; and adds definitions of "repair" and "alteration." . Allows replacement of destroyed or damaged nonconforming structures to the same size and extent as existed, except that a nonresidential structure with a nonconforming use must comply if damaged to more than 50°/a of its replacement cost. • Generally prohibits replacement of voluntarily demolished nonconforming structures, except where a Use Permit is approved for a conforming use with additional findings that compliance with current requirements is not practical. • Deletes current provisions for amortization (removal) of nonconforming structures. Staff believes that these modifications will allow most nonconforming structures to remain but would restrict the potential for replacement or enlargement, particularly where the structure is occupied by a nonconforming use. 3. Nonconforminq Parkinq Nonconforming parking is not currently addressed directly in the Zoning Ordinance, and there is frequently confusion as to whether it comprises a nonconforming use or structure. Nonconforming parking conditions are common on EI Camino Real or Woodside Road where a majority of the smaller parcels with commercial business operations have very little or no private parking for customers and/or employees and rely on the availability of public/street parking. The ordinance modifications attempt to allow for minor changes to uses and structures with nonconforming parking,