Ord 2024-011 - Zoning Code Amendments

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24 5. Exception for Nonconforming Clubs, Lodges and Religious Assembly Uses in Commercial Zoning Districts. A nonconforming club, lodge, or religious assembly use that lawfully existed in a commercial zoning district prior to May 7, 2003, may be enlarged, subject to a use permit issued by the Planning Commission. The Planning Commission, in addition to the findings required for a use permit, shall make the following findings: a. That the expansion of the existing nonconforming club, lodge or religious assembly use and, thus, the perpetuation of the nonconforming club, lodge, or religious assem- bly use will not be detrimental to the economic vitality of the area and surrounding conforming uses; and b. That the enlarged club, lodge, or religious assembly use is visually compatible with the nearby conforming and nonconforming uses and upgrades the overall condition of the structure and the neighborhood. 4.20.116 Restoration of a Damaged Structure and Its Nonconforming Use B. Structures Damaged by Greater than 50 Percent May Not Be Restored. Whenever a structure that does not comply with the standards for yards, height of structures, distances between struc- tures or usable open space prescribed in the regulations for the district in which it is located or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, or by an act beyond the control of the property owner to an extent greater than 50 percent or is voluntarily razed or is required by law to be razed, the struc- ture shall not be restored except in full conformity with the regulations for the district in which it is obtained, and the nonconforming use shall not be resumed. 1. Exceptions for the Restoration of Residential Structures. a. Residential structures in R districts that do not conform to standards for yards, height of structures, open space, or lot area per unit may be reconstructed with the same floor area, whatever the extent of the damage, subject to Administrative Review and ap- proved by the Zoning Enforcement Official, and provided there is no increase in any nonconformity. b. Residential structures in Commercial or Industrial districts that do not conform to standards for yards, height of structures, open space, lot area per unit, or use, may be reconstructed with the same floor area, whatever the extent of the damage, subject to a use permit issued by the Planning Commission. To approve the reconstruction where there is not to be an increase in any nonconformity, the Planning Commission, in ad- dition to the findings required for a use permit, shall make the following findings: