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).

Code Section: 186.1 (c)

Subject: Change in use of an NCU in NCDs

Effective Date: 7/88

Interpretation:

   This Subsection regulates changes in use for nonconforming uses in Neighborhood Commercial Districts (NCDs) but is unclear about which changes require a conditional use. A nonconforming use in an NCD may change to a permitted use or a conditional use without requiring a conditional use authorization. It would need a conditional use authorization only to convert to those not otherwise permitted uses which are listed in Subparagraphs (A) through (C) under Paragraph (3).

Code Section: 186.1 (c)(3)(B)

Subject: Changes in Use for NCU

Effective Date: 11/06

Interpretation:

   This Section says that nonconforming medical services (790.114), personal services (790.116) and professional services (790.108) may change to another of those same three uses through Conditional Use authorization. When Ordinance No. 69-87 was implemented, strict controls were established to curtail the proliferation of financial institutions/banks (790.110) in Neighborhood Commercial Districts, and the financial institution/bank use was eliminated from earlier drafts of this Section to prevent one of the three alternative uses from becoming a financial institution/bank. This created a situation where nonconforming often multi-story buildings occupied by financial institutions/banks had exceptionally few options in terms of changes of use. In order to promote the productive re-use of such structures, a change of use from a financial institution/bank to a medical service, personal service or professional service shall be permitted only upon approval of a Conditional Use application, pursuant to Article 3 of the Code. The CU requirement shall not apply to uses permitted as-of-right in any portion of a building.

Code Section: 186.1 (c)(3)(B)

Subject: Changes in Use for NCU

Effective Date: 12/06

Interpretation:

   This Section says that nonconforming medical services (790.114), personal services (790.116) and professional services (790.108) may change to another of those same three uses through Conditional Use authorization. When Ordinance No. 69-87 was implemented, strict controls were established to curtail the proliferation of financial institutions/banks (790.110) in Neighborhood Commercial Districts, and the financial institution/bank use was eliminated from earlier drafts of this Section to prevent one of the three alternative uses from becoming a financial institution/bank. This created a situation where nonconforming often multi-story buildings occupied by financial institutions/banks had exceptionally few options in terms of changes of use. In order to promote the productive re-use of such structures, a change of use from a financial institution/bank to a medical service, personal service or professional service shall be permitted only upon approval of a Conditional Use application, pursuant to Article 3 of the Code. The CU requirement shall not apply to uses permitted as-of-right in any portion of a building.

Code Section: 186.1 (c)(5)

Subject: Relocation of NCU in NCDs

Effective Date: 4/88

Interpretation:

   This Section says that in Neighborhood Commercial (NC) Districts, a nonconforming use can be "reestablished at another location" within that district through a conditional use authorization. The phrase, "at another location" is interpreted to refer also to a different floor area within the same building.

Code Section: 186.2 (a)

Subject: Expansion of NCU in NC Districts through CU

Effective Date: 3/89

Interpretation:

   This Section allows an existing NCU to be expanded into upper stories of the same building through a CU. This can only apply to upper floors that already exist and could not be used to authorize the creation of an additional floor.

Code Section: 187.1 (c)

Subject: Expansion of service station

Effective Date: 11/94

Interpretation:

   This Subsection allows the enlarging of nonconforming service stations with a conditional use. However, the term, "enlarge" in this subsection does not extend to expansion of the site.