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Section 1203.06    Nonconforming Uses/Structures/Lots

  1. Procedures for Approval of Enlargement, Extension, Replacement, or Substitution of
    Nonconforming Uses/Structures/Lots
    Applications for approval of the enlargement, extension, replacement, or substitution
    of a nonconforming use/structure/lot shall follow the core development approval
    process set forth Section 1203.02 of this Chapter, except for the following
    modifications:
    1. After Step 3 "Staff Review and Report": Review and Action by the BZBA.
      The staff report on an application for approval of the enlargement, extension,
      replacement, or substitution of a nonconforming use/structure/lot shall be
      forwarded to the BZBA. The BZBA shall review the application and staff
      report and take final action by either approving, approving with conditions,
      or denying such application. The BZBA's decision on the application shall
      be final. See Section 1202.03, for provisions relating to timing and notice
      for BZBA hearings.

      No review or action by either the PC (Step 4) or the City Council (Step 5) is
      required on an application for the enlargement, extension, replacement, or
      substitution of a nonconforming use/structure/lot.

    2. Step 6: AHBR Review and Action. AHBR review and recommendation or
      action subsequent to BZBA action on an application for the enlargement,
      extension, replacement, or substitution of a nonconforming use/structure/lot
      shall be required only if the approved application involves new construction
      or any alteration to the exterior architectural features of an existing
      structure(s).

  2. Standards for Review
    An application for the enlargement, extension, replacement, or substitution of a
    nonconforming use/structure/lot shall demonstrate compliance with the applicable
    standards set forth in Section 1206.05 of this Code.

  3. Application
    Applications for approval of the enlargement, extension, replacement, or substitution
    of a nonconforming use/structure/lot shall be submitted to the City Manager upon
    such forms as approved by the City Manager.

  4. Submittal Requirements
    See Appendix A for submittal requirements for an application for the enlargement,
    extension, replacement, or substitution of a nonconforming use/structure/lot