A residential structure having three or more residential units and a housing development as defined in this Ordinance that is maintained as a nonconforming structure may be enlarged or expanded to increase its square footage by an amount no larger than 1% of the measured area of such structure so long as the enlargement or expansion complies with the provisions of this paragraph. The provisions of this paragraph shall apply only to nonconforming structures and a structure which is maintained as a nonconforming use may not be enlarged or expanded in any way under the provisions of this paragraph. The expansion or enlargement shall comply with the following provisions:
(A) For purposes of calculating the permitted expansion or enlargement, all expansion or enlargement permitted under the provisions of this section within the five-year period preceding the date on which any work to enlarge or expand the dwelling is started shall be included with the proposed expansion.
(B) In calculating the measured area of the building, deck areas, garage areas, and parking areas shall be excluded.
(C) The expansion or enlargement shall be limited to nonresidential areas only. No expansion of a residential area or a deck or porch associated therewith shall be permitted.
(D) Such expansion or enlargement does not create new nonconformities.
(E) Such expansion or enlargement does not create an expansion or encroachment into an existing or required setback.
(F) If the expansion or enlargement is only into a side yard area of the existing structure, then upon completion the combination of the two side yard setbacks shall be equal to or exceed the total of the two side yard setbacks required under this Ordinance. This provision is subject to subsection (I) below.
(G) If the enlargement or expansion is only into a front or rear yard area, then upon completion the combination of the front yard and rear yard setbacks shall be equal to or exceed the total of the front and rear yard setbacks required under this Ordinance. This provision is subject to subsection (I) below.
(H) If the expansion or enlargement is into one or more side yard areas and into the front or rear yard areas, then upon completion the combination of the two side yard setbacks shall be equal to or exceed the total of the two side yard setbacks required under this Ordinance and the combination of front yard and rear yard setbacks shall be equal to or exceed the total of the front and rear yard setbacks required under this Ordinance. This provision is subject to subsection (I) below.
(I) Notwithstanding the preceding provisions of this section, if a nonconforming structure is located ten feet or less from an adjoining structure (either on the same or adjoining lot), then the nonconforming structure may not be enlarged or expanded in any manner whatsoever.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)