A non-conforming use of land or building shall not be in any way expanded or extended either on the same or adjoining property or throughout the balance of a building after the adoption of this Code or of any subsequent amendment hereto which shall make such use of land or building nonconforming. However, in a district where residences are prohibited, an existing single family or two family use building may be permitted additions and structural alterations providing:
(A) That such structural changes can be made only if in conformity with all the regulations of use, height, area, yard, useable open space, and off-street parking, as required in the R3 High Density Residential District.
(B) That no additional family units may be provided, and that there is no intensification of occupancy as would constitute a rooming or boarding house.
(C) The floor area added shall not exceed 50% of the total floor area existing in the dwelling at the time the dwelling became a legal non-conforming use. Accessory garages up to 576 square feet in size may be constructed and not count towards a portion of the 50% limitation.
(D) That such addition may not be made if a portion of the existing dwelling has been converted to commercial or industrial use subsequent to the date the dwelling became a legal non-conforming use.
(E) That the parcel to be so used is restricted to that existing as a residential use at the time of affixing the prospective zoning district, or to that parcel plus such subsequent consolidation as would bring the parcel up to, or tending toward, in dimension and area, the minimum residential building site parcel as specified in this chapter.
(Ord. 616, passed 9-23-2013; Am. Ord. 665, passed 12-13-2021)