§ 48-124. Nonconforming site and parking areas.

Where a nonconforming site exists that was legal at the time of its creation but which would not be permitted by the regulations imposed by this chapter, the nonconforming site may continue, subject to the following provisions:

(1)

No structure on a nonconforming site may be enlarged or altered in a way which increases the nonconformity of the site.

(2)

No use on a nonconforming site may be expanded, enlarged or increased in a way which increases the nonconformity of the site.

(3)

For a nonconforming site which contains a nonconforming structure, the regulations of subsections 48-123(a) and (b) shall apply in addition to subsection (1) of this section.

(4)

For a nonconforming site which contains a nonconforming use of land, the regulations of subsection 48-125(a) shall apply in addition to subsection (1) of this section.

(5)

For a nonconforming site which contains a nonconforming use of a structure, the regulations of subsections 48-126(a), (b) and (c) shall apply in addition to subsection (1) of this section.

(6)

The change of use of a structure on a nonconforming site from one permitted use to another permitted use shall be allowed, provided that there is no increase in the degree of nonconformity of the site. Where the site is nonconforming due to an insufficient number of parking spaces for the proposed new use, the board of commissioners may approve a change of use without requiring additional parking spaces in accordance with the procedures set forth in subsection 48-165(f).

(Code 1990, § 22-204; Ord. No. 15-03-009 , Pt. II, 3-4-2015)