24.030 Expansion or Enlargement

(Amended 12/13/16; 11/15/22) A. Land. The site area devoted to a nonconforming use shall not be increased. However, the parking area for non-conforming uses may extend, in areas where a legal nonconforming use exists next to a vacant lot. The vacant lot may be used to support the existing nonconforming use as long as the expanded parking does not exceed 30% of the previous land area. B. Buildings. The Hearing Examiner may allow the remodeling, reconstruction, expansion or enlargement of a nonconforming building or structure, but only to an extent not to exceed thirty (30%) of the floor area that existed at the effective date of this Code. Such remodeling, reconstruction, expansion or enlargement shall not be authorized by the Hearing Examiner unless the applicant can demonstrate that the remodeling, reconstruction, expansion or enlargement will not: 1. increase traffic volume or congestion in the immediate vicinity. 2. adversely affect the character, appearance, or other amenities of the subject property or surrounding properties. 3. reduce property values in the surrounding area. The Hearing Examiner shall not authorize the remodeling, reconstruction, expansion or enlargement of kennels, coops, or other buildings or structures used for the care or housing of livestock, fowl, or other animals. Section 24.040. Restoration of Damaged Buildings. A nonconforming building or structure occupied by a nonconforming use, damaged or destroyed by fire, flood, wind, earthquake, or other calamity may be restored and continued provided that such restoration does not increase the floor area that existed prior to damage or destruction and that restoration is commenced within one (1) year from the date of damage or destruction and completed under the terms of an approved and valid building permit. Section 24.050. Discontinuance. A nonconforming use, building or structure which is abandoned or discontinued for a period of one (1) year shall not be occupied, or continued except by a use which conforms to the provisions of this Code.