307.05: ALTERATIONS AND ENLARGEMENTS TO NONCONFORMING STRUCTURES:

Nonconforming structures may be enlarged, extended, structurally altered or repaired as long as the use of the property is conforming, and subject to the following provisions:

A. Nonconforming Single-Family Dwellings. A Single-Family Dwelling that is nonconforming with respect to one (1) or more required setbacks may be enlarged or altered, subject to the following standards:

1. Interior Side and Rear Setbacks. Additions or enlargements that maintain a nonconforming interior side or rear yard setback are permitted as long as the addition does not:

• a. Further reduce any nonconforming side or rear setback;

• b. Create any new encroachment into any other required setback;

• c. Increase the existing height of the portion of the structure that is within the required setback;

• d. Result in a violation of applicable standards for building coverage, parking, or useable open space; or

• e. Result in a violation of any standard of the Building Code.

2. Front Setbacks. Additions or enlargements that vertically or horizontally extend a nonconforming front yard setback may be approved based on a finding that the proposed addition will maintain the average setback of development on the same block front within two hundred (200) feet of the lot.

3. Height. Additions or enlargements that horizontally extend a nonconforming side or rear setback of any portion of a structure that is nonconforming with respect to height may be approved based on findings that the proposed alteration will not:

• a. Substantially interfere with solar access available to surrounding properties;

• b. Reduce the privacy of surrounding properties; or

• c. Create a structure that is incompatible with the character of surrounding development due to its bulk or form.

• B. Nonconforming Parking:

1. Nonresidential Structures. A nonresidential structure that is nonconforming because it does not satisfy the parking requirements of this Ordinance may not be expanded unless the parking spaces that are required for the expansion are provided in accordance with applicable provisions of Chapter 304, On-Site Parking and Loading.

2. Residential Structures. A residential structure that is nonconforming because two (2) spaces have not been previously required by this Ordinance may be altered or expanded with only one (1) covered space, provided that such alterations or expansions of habitable space in an individual dwelling shall not cumulatively exceed twenty-five (25) percent of the habitable floor area at the time of the first expansion or alteration.

3. Exception. No residence may be constructed or expanded by more than one thousand (1,000) square feet of additional habitable area without providing parking in accordance with the applicable provisions of Chapter 304, On-Site Parking and Loading.

C. Nonconforming Lot Coverage. A structure that is nonconforming because it exceeds the maximum allowable lot coverage may be expanded in floor area only if the expansion does not increase the lot coverage. (Ord. 1866, 11-19-2019)