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.

Code Section: 188

Subject: Loss of noncomplying status regarding parking

Effective Date: 7/92

Interpretation:

   See Interpretation 150(c)(1)

Code Section: 188

Subject: Reconstruction of garage representing a parking deficit

Effective Date: 8/87

Interpretation:

   See Interpretation 181(d) Reconstruction of nonconforming uses

Code Section: 188

Subject: Noncomplying structure, no permit evidence

Effective Date: 

Interpretation:

   This Section prohibits the expansion of a legally noncomplying structure but allows such legal structure to be maintained and repaired. A shed was non-complying because it existed in a required rear yard. The owner wanted to know if a permit to reroof the shed could be approved. There is no permit history for the shed. It does not show up on any of the historical land use or Sanborn maps. Because reroofing is critical to the integrity of a structure (which may be proven to be legal) reroofing permits to simply replace the roof surface will be granted in these circumstances. However, a permit to replace the roof structure if voluntarily removed, could not be granted until the structure was determined to be legal.