Ord 2024-011 - Zoning Code Amendments

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23 E. Appeals. A decision by either the Zoning Enforcement Official or by the Planning Commission may be appealed pursuant to the requirements of Chapter 5.20 Appeals. 4.16.108 Landscaping Plans Required E. Changes to Approved Plans. No significant or substantive changes to approved landscaping or irrigation plans or any plans in the Landscape Documentation Package shall be made without prior written approval by the Zoning Enforcement Official. The Zoning Enforcement Official may require the approval of the project’s decision-making body if the requested changes would have a major effect on the character of the project, would effect a landscape requirement that was discussed in the public hearing, or were part of a condition of approval. 4.20.108 Alterations and Expansions A. Nonconforming Uses May Not Be Expanded. A nonconforming use may not be expanded, ex- cept as an exception pursuant to this subsection. 1. Any enlargement, alteration, or relocation of a structure or site that would increase the area to be occupied by the nonconforming use is not allowed. 2. The Zoning Enforcement Official may approve a minor alteration, such as tenant improve- ments, to a structure containing a nonconforming use, providing that the alterations do not increase the existing area or degree of nonconformity. 3. A nonconforming use shall not be enlarged, extended or expanded, including an expansion to the hours of operation beyond those established at the time the use became nonconform- ing. 4. Exception for Nonconforming Single-Family and Two-Family Uses. A nonconforming single-family or two-family residential use may be enlarged, subject to a use permit issued by the Planning Commission. The Planning Commission, in addition to the findings re- quired for a use permit, shall make the following findings: a. That the expansion of the nonconforming single-family or two-family dwelling and, thus, the perpetuation of the nonconforming residential use will not be detrimental to the economic vitality of the area and surrounding conforming uses; and b. That the enlarged single-family or two-family dwelling is visually compatible with the nearby conforming and nonconforming uses and upgrades the overall condition of the structure and the neighborhood.