6-6(C)   EXPANSION OF NONCONFORMING USE OR STRUCTURE

All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(C) or the DPM.

6-6(C)(1)   Applicability

This Subsection 14-16-6-6(C) applies to all applications to expand a nonconforming use or structure, as defined in Sections 14-16-6-8 (Nonconformities) and 14-16-7-1 (Definitions). Nonconforming site features may not be expanded. No nonconforming use or structure may be expanded unless an approval under this Subsection 14-16-6-6(C) is obtained by the property owner or applicant.

6-6(C)(2)   Procedure

6-6(C)(2)(a)   The City Planning Department staff shall review the application and forward a recommendation to the ZHE.

6-6(C)(2)(b)   The ZHE shall conduct a public hearing on the application and shall make a decision on the application.

6-6(C)(3)   Review and Decision Criteria

An application for an Expansion of Nonconforming Use or Structure shall be approved if it meets all of the following criteria, as applicable.

6-6(C)(3)(a)   The expansion will not create material negative impacts on other land in the surrounding area through increases in traffic congestion, parking congestion, noise, or vibration without sufficient mitigation or civic or environmental benefits that outweigh the expected impacts.

6-6(C)(3)(b)   The expansion will not increase non-residential activity within 300 feet in any direction of a lot in any Residential zone district between the hours of 8:00 P.M. and 6:00 A.M.

6-6(C)(3)(c)   The expansion will not negatively impact pedestrian or transit connectivity without appropriate mitigation.

6-6(C)(3)(d)   The expansion will not exceed 25 percent of the gross floor area of the structure occupied by the nonconforming use, or 25 percent of the area occupied by the nonconforming use at the time it became nonconforming.

6-6(C)(3)(e)   The expansion will not expand the gross floor area of a nonconforming structure by more than 25 percent of the gross floor area existing at the time the structure became nonconforming.

6-6(C)(3)(f)   The expansion will not increase an existing nonconformity more than allowed by Subsection (d) or (e) above or create a new nonconformity.