Code Section: 186.1(b)
Subject: Nonconforming use, "significant" defined
Effective Date: 12/88, 5/98 (Revised 3/21)
Interpretation:
This Section states that a nonconforming use in a Neighborhood Commercial District cannot be significantly altered, enlarged, or intensified, except upon approval of a conditional use. Subsection 178(c) places the same limitation on conditional uses. The term “significantly” is not defined in the Code and is therefore subject to the Zoning Administrator’s interpretation. The list below provides examples of those proposals which are significant and therefore require a conditional use authorization and those which are not significant.
Enlargements that are significant:
- Expansion of an existing establishment into an adjacent storefront that had been occupied by a nonconforming use in a different use category.
- Expansion of more than 25% of the floor area or more than 500 square feet, whichever is less.
- Expansion of an extraordinarily large development of more than 500 square feet, regardless of the percentage of the floor area.
- Expansion of floor area in kitchens shall be considered on a case-by-case basis.
Intensifications that are significant:
- Exchange of a No. 47 ABC license (on-sale full bar with food service mandatory and minors permitted) for a No. 48 ABC license (on-sale full bar with food service optional and minors not permitted).
Enlargements that are NOT significant:
- Expansion up to 25% of the floor area or 500 square feet, whichever is less.
- Expansion of an extraordinarily large development up to 500 square feet, regardless of the percentage of the floor area.
- Expansion of floor area in kitchens shall be considered on a case-by-case basis.
Intensifications that are NOT significant:
- An addition of kitchen equipment and/or menu items to an existing restaurant.
- Exchange of a No. 42 ABC license (on-sale beer and wine bar) for a No. 48 ABC license (on sale full bar with food service optional and minors not permitted).