Sec. 153.235 - Limitations on modifications.

(A)

Nonconforming uses. Notwithstanding any other provision of this subchapter, no nonconforming use shall be altered, increased, enlarged, or established.

(1975 Code, § 9-2.1206)

(B)

Nonconforming lots.

(1)

The boundaries of a nonconforming lot shall not be modified in any way that increases the nonconformity of such lot except as otherwise provided herein.

(2)

Notwithstanding the provisions of division (B)(1) above, the nonconformity of a nonconforming lot may be increased by a lot line adjustment if the Planning Commission finds that:

(a)

No additional lots or building sites would be created;

(b)

The adjustment is consistent with the General Plan;

(c)

The adjustment does not create nonconforming setbacks; and

(d)

No existing conforming lot shall be made nonconforming.

(1975 Code, § 9-2.1207)

(C)

Nonconforming structures or buildings.

(1)

Nonconforming structures or buildings shall not be altered in any way that would increase or create an additional nonconforming attribute, except as allowed by Section 153.236.

(2)

In CC Zoning Districts nonconforming structures or buildings may be altered as provided in this subchapter to accommodate any permitted use, or conditional use allowed in that district.

(3)

In R-1, SR, RR, all SCP and all OS Districts nonconforming structures or buildings may be altered as provided in this subchapter only if such alteration does not result in a change of use, other than ministerial conversion of nonconforming structures or buildings to accessory dwelling units and conversion between single-family residential and habitable accessory uses, of the nonconforming portion of the building or structure, unless it is determined by the Planning Commission that:

(a)

The proposed new use will conform to the General Plan and Zoning Ordinance;

(b)

The proposed new use will not create adverse impacts on adjacent properties or properties across a public or private roadway, including but not limited to, impacts related to privacy, noise, odors, parking and traffic;

(c)

The proposed new use will not negatively impact development potential on adjacent properties by, including, but not limited to, encroaching into the required separation of structures; or impacting the ability to house or maintain livestock, fowl and small animals; and,

(d)

The Planning Director shall notify, by first class mail, all property owners within 300 feet of the subject property of the exception request, at least ten days prior to the Planning Commission meeting.

(1975 Code, § 9-2.1208) (Ord. 1991-441, effective 8-9-91; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-558, effective 1-10-13; Am. Ord. 2017-585, effective 4-27-17; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2018-594, § 2, effective 5-24-18)