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b12012001 (for CC Hearing, duly 2, 20017
<br />DRAFT Article 201
<br />interior side yards are not less than 3 feet in width, the building may
<br />be enlarged or altered without regard to the estimated construction
<br />cost.
<br />b.-: Where a building is nonconforming only by reason of a substandard
<br />side yard and/or rear yard adjacent to a public street, the building
<br />may be enlarged or altered without regard to the estimated
<br />construction cost.
<br />G. Nonconformance with per%rmunee Staridttids of Article l6; No use which fails'
<br />to meet the performance standards of Section 4-1670 shall be enlarged or extended,
<br />or shall replace equipment that results in the use's failure to meet the
<br />performance standards,-riik;M-�-��ti;.- m, ,,,.-rT,, unless the enlargement;
<br />extension, or replacement equipment will result in elimination of nonconformity
<br />with required performance standards -
<br />D. Nonconforming Siens. No nonconforming sign shall be altered or reconstructed so
<br />as to increase the nonconformity, nor shall such a sign be moved except in accord
<br />with Section 4-1808, unless the new location and/or reconstruction-
<br />makes the sign conform to the regulations of Article 18.
<br />4-2606 Abandonment or Substitution of a Nonconforming Use
<br />A. Abandoned'Uses Shall not be Re-Riiablished A nonconforming_ use that is
<br />substantially discontinued or changed to a conforming use for a continuous period
<br />of 180 calendar days or more shall not be re-established, and the use of the stricture
<br />or site thereafter shall be in conformity with the regulations for the district in which
<br />it is located, provided that this section shall not apply to nonconforming dwelling
<br />units.. Abandonment or discontinuance shall constitute cessation of a use regardless
<br />of intent to resume the use. The burden of proof in establishing whether a
<br />nonconforming use has been discontinued for less than 180 consecutive days shall
<br />be upon the operator of the use or person requesting re-establishment.
<br />B. Substitution of Nonconforming Uses. A nonconforming use may be substituted
<br />for another nonconforming use, provided that: 1) the previous use has not been
<br />discontinued for a continuous period of 180 calendar days, or more; and 2) the
<br />new substituting use is of lesser nonconformity than the previous use, based on
<br />the consistency of the new use with the stated purpose of the applicable zoning
<br />district, -and its . relative compatibility with .surrounding, permitted uses, as
<br />determined by the Zoning` Enforcement Official.
<br />""-'GiDSlCorcy47.oing. COUNCn.S QAAFMR20- NoacoMo,mmg.]uoe 20Q1 -DRAFT 2.Ldoc AR.20
<br />Page 4 of 9 (rev)pig
<br />Attachment I
<br />Language to incorporate Joint Project Area Redevelopment Advisory Committee (RAC)'s
<br />recommendations regarding review of all Fast Food Restaurants within 500 feet of a
<br />Residential District: (to be a modification of the proposed Ordinance)
<br />Part 1
<br />• Permitted Uses in CC, CD, P, PHD, NA-1 and NA-2 Districts:
<br />The listing for "Restaurants, Fast -Food, Small Scale" shall read as follows:
<br />"Restaurants, Fast -Food, Small Scale. (If the proposed use is within 500' of a
<br />Residential District, Administrative Review is required per subsection **, below)
<br />Part 2
<br />• Uses Requiring Administrative Review in CC, CD, P, PHD, NA-1 and NA-2 Districts:
<br />The listing for "Restaurants, Fast -Food, Small Scale" shall read as follows:
<br />"Restaurants, Fast -Food, Small Scale. (Administrative Review is required to
<br />establish or to enlarge a Small Scale, Fast -Food Restaurant Restaurant within
<br />500' of a Residential District. Standards for review are speci,Bed in Section 2-
<br />Part 3
<br />• Additional Use Restrictions in C- Districts (Section 2-674)
<br />Sub section "G" shall be added, as follows:
<br />Restaurants, Fast -Food Small Scale are subject to Administrative Review if the
<br />proposal is to establish or enlarge a Small Scale, Fast -Food Restaurant within
<br />500' of a Residential District. Zoning permit review pursuant to Article 21 shall
<br />include, but is not limited to, a review of the proposal's generation of parking
<br />demand, hours of operation and signage. In order to assure consistency with the
<br />purpose of the applicable Commercial District, the Zoning Enforcement Official
<br />may impose conditions to limit hours of operations and signage further than what
<br />is prescribed elsewhere in this Code. Standards for approval shall be the decision
<br />maker's ability to make the required findings as listed below:
<br />1. That the proposed location and operation of the Small Scale, Fast -
<br />Food Restaurant, is in accord with the provisions of this code, and
<br />the purposes and specific standards of the C Commercial District in
<br />which the site is located;
<br />a
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