Cumberland City Zoning Code

ARTICLE 16

Nonconformance

§ 16-1 Nonconformance.

[Ord. No. 08-31, 10-7-2009]

A nonconformance is a building, structure (including a sign), or parcel of land, or use thereof, which was lawfully existing at the time of the adoption or amendment of this zoning ordinance, and not in conformity with the provisions of this appendix or amendment.

Such nonconformance is incompatible with and detrimental to permitted uses in the zoning district in which it is located. Nonconformance causes disruption of the comprehensive land use pattern of the Town, inhibits present and future development of nearby properties, and confers upon its owner a position of unfair advantage. It is intended that existing nonconformance shall not justify further departures from this appendix for itself, or for any other properties.

Nonconforming by use. A lawfully established use of building, structure or land, which is not a permitted use, either by right or by special use permit, in the zoning district in which it is located, as set forth in Article 4, is nonconforming by use.

Nonconforming by dimension. A lawfully established building, structure or parcel of land not in compliance with the dimensional regulations of this appendix is nonconforming by dimension. Dimensional regulations include all regulations of this appendix other than those pertaining to the permitted uses. A lawfully established building, structure, parcel of land, or use thereof, not in compliance with the parking regulations of this appendix, as set forth in Article 8 is also nonconforming by dimension. A lawfully existing or lawfully established lot that is not in compliance with the dimensional regulations of the zoning ordinance, including, but not limited to, those regulations for minimum lot size, lot width and lot frontage (also known as a substandard lot of record), is also nonconforming by dimension.

Nonconforming by dwelling units. A building or structure containing more dwelling units than are permitted by the use regulations of this appendix shall be nonconforming by use. A building or structure containing a permitted number of dwelling units by the use regulations of this appendix, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

Most restrictive regulations to apply. A building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations of this article. Where the regulations conflict, the most restrictive regulations shall apply.

It is also the intent of this article to address nonconforming uses in agricultural and residential zones in a stricter fashion than nonconforming uses located in commercial and industrial zones. Due to the disruption which nonconforming uses cause to the peace and tranquility of an agricultural or residential zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.

§ 16-2 Lawfully existing or established.

[Ord. No. 08-31, 10-7-2009]

A building, structure or the use of land is lawfully established if it was in existence prior to May 22, 1952, or was established in conformance with the zoning ordinance in effect at the time the use was first established the effective date of the adoption or amendment of this appendix which rendered such building, structure or use of land nonconforming. A lot is lawfully established if it was of record or shown on a recorded plat prior to December 13, 1962, or the effective date of the adoption or amendment of this appendix which rendered such lot nonconforming, and was separately owned. All other lots that were not lawfully established are not protected by this section. For the purposes of this appendix, the creation and/or the use of a parcel of land for a particular use which was legal at the time the parcel of land was created and/or so used, shall not serve to create the lawful establishment or lawful existence of any use that was not legal at the time of creation and/or use of the land, regardless of subsequent changes in allowable legal uses.

§ 16-3 Existence by variance or special use permit.

[Ord. No. 08-31, 10-7-2009]

A nonconforming building, structure, sign, or parcel of land or the use thereof, which exists by virtue of a variance or a special use permit (or a special exception) granted by the Zoning Board of Review, shall not be considered a nonconformance for the purposes of this article, and shall not acquire the rights of this article. Rather, such building, structure, sign, parcel of land or use thereof, shall be considered a use by variance or a use by special use permit, and any moving, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof, to any use other than a permitted use or other than in complete conformance with this appendix, shall require a further variance or special use permit from the board.

§ 16-4 Building or structure nonconforming by use.

[Ord. No. 08-31, 10-7-2009]

Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located. Nonconforming uses cause disruption of the comprehensive land use pattern of the Town, inhibit present and future development of nearby properties, and confer upon their owners a position of unfair advantage. It is intended that existing nonconforming uses shall not justify further departures from this appendix for themselves, or for any other properties.

Treatment in residential zones. Nonconforming uses in residential zones are to be treated in a stricter fashion than nonconforming uses located in nonresidential zones. Due to the disruption which nonconforming uses cause to the peace and tranquility of a residential zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.

Continuance. Nothing in this appendix shall prevent or be construed to prevent the continuance of a nonconforming use of any building or structure for any purpose to which such building or structure was lawfully established. A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this section.

Moving. A building or structure containing a nonconforming use shall not be moved in whole or in part either on or off the lot on which it is located unless the use contained within such building or structure is made to conform to the use regulations of the zone in which it is relocated.

Addition, expansion and intensification. The following standards shall apply to a building or structure containing a nonconforming use:

A building or structure containing a nonconforming use shall not be added to or enlarged in any manner, including any addition or enlargement of floor area or volume, unless the use contained within such building or structure, including such addition and enlargement, is made to conform to the use regulations of the zone in which it is located.

A nonconforming use of a such building or structure shall not be expanded into any other portion of the building or structure which contains a conforming use, or which is unoccupied or unused.

A nonconforming use of a such building, structure or land shall not be intensified in any manner. Intensification shall include, but not be limited to, increasing hours of operation, increasing the number of dwelling units or increasing the seating capacity of a place of assembly. However, this section shall not prohibit the reconfiguration of existing dwelling units within a building or structure so long as such reconfiguration complies with the requirements of subsection 2-8(f) does not constitute an expansion as described in paragraph (2) above.

Change of use. Within any zone, a nonconforming use shall be changed only to a permitted use (by right or special use permit) or to a use within the same use code listed under Article 4 and described in Appendix A. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.

Abandonment. If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year or more, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

§ 16-5 Land nonconforming by use.

[Ord. No. 08-31, 10-7-2009]

Continuance. The lawfully established nonconforming use of land, where no building is involved, may be continued, provided that no such nonconforming use of land shall in any way be expanded or intensified either on the same or adjoining property.

Change of use. The nonconforming use of land shall not be changed to a different use, unless such use conforms to the use regulations of the zone in which it is located.

§ 16-6 Building or structure nonconforming by dimension.

[Ord. No. 08-31, 10-7-2009]

Continuance. Buildings or structures that are nonconforming by dimension are likely to cause overcrowding and congestion in the neighborhoods, contribute to unhealthy conditions and are contrary to the purposes of this appendix. Buildings or structures that are nonconforming by dimension cause disruption of the comprehensive land use pattern of the Town, inhibit present and future development of nearby properties, and confer upon their owners a position of unfair advantage. It is intended that existing buildings or structures that are nonconforming by dimension shall not justify further departures from this appendix for themselves or for any other property. However, nothing in this appendix shall prevent or be construed to prevent the continuance of the use of any building or structure nonconforming by dimension for any purpose to which such building or structure was lawfully established. A building or structure nonconforming by dimension may be maintained and repaired except as otherwise provided in this section.

Moving. A building or structure which is nonconforming by dimension shall not be moved in whole or in part to any other location on the lot in which it is located unless every portion of such building or structure is made to conform to all of the dimensional requirements of the zone in which it is located.

Addition, expansion and intensification. The following standards shall apply to a building or structure nonconforming by dimension:

Such building or structure nonconforming by dimension shall not be added to or enlarged in any manner, unless such addition or enlargement conforms to all of the dimensional regulations of the zone in which the building or structure is located.

A conforming use within a such building or structure which is nonconforming by dimension (other than by lot area per dwelling unit) may be expanded into any other portion of the building or structure which is unoccupied or unused.

A conforming use within a such building or structure which is nonconforming by dimension may be intensified, provided that such intensification is in conformance with the use and lot area per dwelling unit regulations, if applicable, for all other applicable requirements of the zone in which it is located.

Change in use. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.

Demolition. A building or structure nonconforming by dimension, if voluntarily demolished, shall not be reconstructed unless it conforms to the dimensional regulations of the zone in which it is located. Such voluntary demolition shall be considered an abandonment of the use as set forth in subsection 2-8(i). If such building or structure is involuntarily demolished, destroyed or damaged, it may be repaired or rebuilt to the same size and dimension as previously existed.

§ 16-7 Land nonconforming by area.

[Ord. No. 08-31, 10-7-2009]

Use of substandard lots. A lot having frontage on a street that is not in compliance with the dimensional regulations of the zoning ordinance, including, but not limited to, minimum lot size, lot width and lot frontage, otherwise known as a "substandard lot of record", may be used for any purpose that conforms to the use regulations of the zone in which it is located, provided such lot was shown on a recorded deed or plat entered into the land evidence records in the office of the Town Clerk on the effective date of this appendix, or any other ordinance or amendment rendering it substandard.

Enlargement of undersized substandard lots. Lawfully established lots which have less than the minimum area requirements, may be maintained and may be changed by adding additional land to such lots without prejudice to the rights of the owner of such lots pursuant to the provisions of this section.

Merger of substandard lots. Adjacent lawfully established individual lots in common ownership, which have less than the minimum area requirements on or after June 29, 1994, at the effective date of the adoption or amendment of this appendix, are not required to, but may be merged together by the owner. Any lawfully established lots that have been so merged or have been previously merged on the assessor's plats as one lot shall not be divided unless in conformance with the dimensional regulations of this appendix.

Undersized lots in agricultural and industrial zones. Lawfully established lots which have less than the minimum area requirements, and which are located in agricultural and industrial zones, shall not be used for residential uses, if such residential use was not permitted at the time such lot was lawfully established.

Merger of lots by use. Notwithstanding paragraph (b) above, in such cases where a substandard lot of record is contiguous to a lot under the same ownership as the substandard lot, and the lots are used in common, said lots shall be deemed merged for zoning purposes and shall not be sold separately. For the purposes of this subsection, such lots are used in common when one of the lots contains a principal structure, and one or more of the following conditions exist:

The principal structure occupies a portion of the contiguous lot;

The individual sewage disposal system (ISDS) serving the principal structure occupies a portion of the contiguous lot;

An accessory structure to the principal structure occupies a portion of the contiguous lot; or

A portion of the contiguous lot is used to fulfill the off-street parking requirements of the principal structure.

If all such conditions resulting in the contiguous lots being used in common are eliminated or corrected, such lots shall no longer be considered to be merged by use.

Special use permit for land nonconforming by area. Notwithstanding the regulations for minimum lot area contained in Article 4 (dimensional regulations), the following uses may be made by special use permit, of lots in the following zones, provided that they meet all other requirements of this appendix:

A-1 Zone — A single household dwelling may be built on a lot with up to 10% less than the minimum area required.

§ 16-8 Buildings and structures nonconforming by parking.

[Ord. No. 08-31, 10-7-2009]

A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the parking requirements of Article 14.

Addition, expansion and intensification. The following standards shall apply to a building or structure nonconforming by parking:

A nonresidential building or structure, or use of land, nonconforming by parking, may be added to, enlarged, expanded or intensified provided additional parking space is supplied to meet the requirements of Article 14 for such addition, enlargement, expansion or intensification.

Any residential building or structure nonconforming by parking, may not be added to, enlarged, expanded or intensified, unless brought into full compliance with the parking requirements of Article 14, such that sufficient parking is provided for the entire structure including the original portion and the addition, enlargement, expansion or intensification.

Change of use. A building or structure nonconforming by parking, may be changed to a different use, pursuant to all other provisions of this appendix, provided that such new use meets the following parking requirements of Article 14. The number of additional parking spaces required shall be the difference between the numbers of spaces required for the proposed use and the number of spaces required for the previous use. In the event that the new use requires fewer parking spaces than the previous use, no additional parking spaces need be supplied. However, none of the existing parking spaces shall be eliminated unless the total numbers of spaces required by this appendix for the new use are provided. However, in those cases where an existing permitted use does not meet the parking requirements of Article 14 and is proposed to be changed to a use which requires fewer parking spaces, but which would also not meet the parking requirements on the subject parcel, no additional parking spaces need be supplied. In all other circumstances, if the parcel is unable to support the required number of parking spaces, the applicant shall seek relief from the Zoning Board of Review in the form of a special use permit under the provisions of Article 18.

Cumberland City Zoning Code

ARTICLE 16

Nonconformance

§ 16-1 Nonconformance.

[Ord. No. 08-31, 10-7-2009]

A nonconformance is a building, structure (including a sign), or parcel of land, or use thereof, which was lawfully existing at the time of the adoption or amendment of this zoning ordinance, and not in conformity with the provisions of this appendix or amendment.

Such nonconformance is incompatible with and detrimental to permitted uses in the zoning district in which it is located. Nonconformance causes disruption of the comprehensive land use pattern of the Town, inhibits present and future development of nearby properties, and confers upon its owner a position of unfair advantage. It is intended that existing nonconformance shall not justify further departures from this appendix for itself, or for any other properties.

Nonconforming by use. A lawfully established use of building, structure or land, which is not a permitted use, either by right or by special use permit, in the zoning district in which it is located, as set forth in Article 4, is nonconforming by use.

Nonconforming by dimension. A lawfully established building, structure or parcel of land not in compliance with the dimensional regulations of this appendix is nonconforming by dimension. Dimensional regulations include all regulations of this appendix other than those pertaining to the permitted uses. A lawfully established building, structure, parcel of land, or use thereof, not in compliance with the parking regulations of this appendix, as set forth in Article 8 is also nonconforming by dimension. A lawfully existing or lawfully established lot that is not in compliance with the dimensional regulations of the zoning ordinance, including, but not limited to, those regulations for minimum lot size, lot width and lot frontage (also known as a substandard lot of record), is also nonconforming by dimension.

Nonconforming by dwelling units. A building or structure containing more dwelling units than are permitted by the use regulations of this appendix shall be nonconforming by use. A building or structure containing a permitted number of dwelling units by the use regulations of this appendix, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

Most restrictive regulations to apply. A building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations of this article. Where the regulations conflict, the most restrictive regulations shall apply.

It is also the intent of this article to address nonconforming uses in agricultural and residential zones in a stricter fashion than nonconforming uses located in commercial and industrial zones. Due to the disruption which nonconforming uses cause to the peace and tranquility of an agricultural or residential zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.

§ 16-2 Lawfully existing or established.

[Ord. No. 08-31, 10-7-2009]

A building, structure or the use of land is lawfully established if it was in existence prior to May 22, 1952, or was established in conformance with the zoning ordinance in effect at the time the use was first established the effective date of the adoption or amendment of this appendix which rendered such building, structure or use of land nonconforming. A lot is lawfully established if it was of record or shown on a recorded plat prior to December 13, 1962, or the effective date of the adoption or amendment of this appendix which rendered such lot nonconforming, and was separately owned. All other lots that were not lawfully established are not protected by this section. For the purposes of this appendix, the creation and/or the use of a parcel of land for a particular use which was legal at the time the parcel of land was created and/or so used, shall not serve to create the lawful establishment or lawful existence of any use that was not legal at the time of creation and/or use of the land, regardless of subsequent changes in allowable legal uses.

§ 16-3 Existence by variance or special use permit.

[Ord. No. 08-31, 10-7-2009]

A nonconforming building, structure, sign, or parcel of land or the use thereof, which exists by virtue of a variance or a special use permit (or a special exception) granted by the Zoning Board of Review, shall not be considered a nonconformance for the purposes of this article, and shall not acquire the rights of this article. Rather, such building, structure, sign, parcel of land or use thereof, shall be considered a use by variance or a use by special use permit, and any moving, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof, to any use other than a permitted use or other than in complete conformance with this appendix, shall require a further variance or special use permit from the board.

§ 16-4 Building or structure nonconforming by use.

[Ord. No. 08-31, 10-7-2009]

Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located. Nonconforming uses cause disruption of the comprehensive land use pattern of the Town, inhibit present and future development of nearby properties, and confer upon their owners a position of unfair advantage. It is intended that existing nonconforming uses shall not justify further departures from this appendix for themselves, or for any other properties.

Treatment in residential zones. Nonconforming uses in residential zones are to be treated in a stricter fashion than nonconforming uses located in nonresidential zones. Due to the disruption which nonconforming uses cause to the peace and tranquility of a residential zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.

Continuance. Nothing in this appendix shall prevent or be construed to prevent the continuance of a nonconforming use of any building or structure for any purpose to which such building or structure was lawfully established. A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this section.

Moving. A building or structure containing a nonconforming use shall not be moved in whole or in part either on or off the lot on which it is located unless the use contained within such building or structure is made to conform to the use regulations of the zone in which it is relocated.

Addition, expansion and intensification. The following standards shall apply to a building or structure containing a nonconforming use:

A building or structure containing a nonconforming use shall not be added to or enlarged in any manner, including any addition or enlargement of floor area or volume, unless the use contained within such building or structure, including such addition and enlargement, is made to conform to the use regulations of the zone in which it is located.

A nonconforming use of a such building or structure shall not be expanded into any other portion of the building or structure which contains a conforming use, or which is unoccupied or unused.

A nonconforming use of a such building, structure or land shall not be intensified in any manner. Intensification shall include, but not be limited to, increasing hours of operation, increasing the number of dwelling units or increasing the seating capacity of a place of assembly. However, this section shall not prohibit the reconfiguration of existing dwelling units within a building or structure so long as such reconfiguration complies with the requirements of subsection 2-8(f) does not constitute an expansion as described in paragraph (2) above.

Change of use. Within any zone, a nonconforming use shall be changed only to a permitted use (by right or special use permit) or to a use within the same use code listed under Article 4 and described in Appendix A. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.

Abandonment. If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year or more, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

§ 16-5 Land nonconforming by use.

[Ord. No. 08-31, 10-7-2009]

Continuance. The lawfully established nonconforming use of land, where no building is involved, may be continued, provided that no such nonconforming use of land shall in any way be expanded or intensified either on the same or adjoining property.

Change of use. The nonconforming use of land shall not be changed to a different use, unless such use conforms to the use regulations of the zone in which it is located.

§ 16-6 Building or structure nonconforming by dimension.

[Ord. No. 08-31, 10-7-2009]

Continuance. Buildings or structures that are nonconforming by dimension are likely to cause overcrowding and congestion in the neighborhoods, contribute to unhealthy conditions and are contrary to the purposes of this appendix. Buildings or structures that are nonconforming by dimension cause disruption of the comprehensive land use pattern of the Town, inhibit present and future development of nearby properties, and confer upon their owners a position of unfair advantage. It is intended that existing buildings or structures that are nonconforming by dimension shall not justify further departures from this appendix for themselves or for any other property. However, nothing in this appendix shall prevent or be construed to prevent the continuance of the use of any building or structure nonconforming by dimension for any purpose to which such building or structure was lawfully established. A building or structure nonconforming by dimension may be maintained and repaired except as otherwise provided in this section.

Moving. A building or structure which is nonconforming by dimension shall not be moved in whole or in part to any other location on the lot in which it is located unless every portion of such building or structure is made to conform to all of the dimensional requirements of the zone in which it is located.

Addition, expansion and intensification. The following standards shall apply to a building or structure nonconforming by dimension:

Such building or structure nonconforming by dimension shall not be added to or enlarged in any manner, unless such addition or enlargement conforms to all of the dimensional regulations of the zone in which the building or structure is located.

A conforming use within a such building or structure which is nonconforming by dimension (other than by lot area per dwelling unit) may be expanded into any other portion of the building or structure which is unoccupied or unused.

A conforming use within a such building or structure which is nonconforming by dimension may be intensified, provided that such intensification is in conformance with the use and lot area per dwelling unit regulations, if applicable, for all other applicable requirements of the zone in which it is located.

Change in use. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.

Demolition. A building or structure nonconforming by dimension, if voluntarily demolished, shall not be reconstructed unless it conforms to the dimensional regulations of the zone in which it is located. Such voluntary demolition shall be considered an abandonment of the use as set forth in subsection 2-8(i). If such building or structure is involuntarily demolished, destroyed or damaged, it may be repaired or rebuilt to the same size and dimension as previously existed.

§ 16-7 Land nonconforming by area.

[Ord. No. 08-31, 10-7-2009]

Use of substandard lots. A lot having frontage on a street that is not in compliance with the dimensional regulations of the zoning ordinance, including, but not limited to, minimum lot size, lot width and lot frontage, otherwise known as a "substandard lot of record", may be used for any purpose that conforms to the use regulations of the zone in which it is located, provided such lot was shown on a recorded deed or plat entered into the land evidence records in the office of the Town Clerk on the effective date of this appendix, or any other ordinance or amendment rendering it substandard.

Enlargement of undersized substandard lots. Lawfully established lots which have less than the minimum area requirements, may be maintained and may be changed by adding additional land to such lots without prejudice to the rights of the owner of such lots pursuant to the provisions of this section.

Merger of substandard lots. Adjacent lawfully established individual lots in common ownership, which have less than the minimum area requirements on or after June 29, 1994, at the effective date of the adoption or amendment of this appendix, are not required to, but may be merged together by the owner. Any lawfully established lots that have been so merged or have been previously merged on the assessor's plats as one lot shall not be divided unless in conformance with the dimensional regulations of this appendix.

Undersized lots in agricultural and industrial zones. Lawfully established lots which have less than the minimum area requirements, and which are located in agricultural and industrial zones, shall not be used for residential uses, if such residential use was not permitted at the time such lot was lawfully established.

Merger of lots by use. Notwithstanding paragraph (b) above, in such cases where a substandard lot of record is contiguous to a lot under the same ownership as the substandard lot, and the lots are used in common, said lots shall be deemed merged for zoning purposes and shall not be sold separately. For the purposes of this subsection, such lots are used in common when one of the lots contains a principal structure, and one or more of the following conditions exist:

The principal structure occupies a portion of the contiguous lot;

The individual sewage disposal system (ISDS) serving the principal structure occupies a portion of the contiguous lot;

An accessory structure to the principal structure occupies a portion of the contiguous lot; or

A portion of the contiguous lot is used to fulfill the off-street parking requirements of the principal structure.

If all such conditions resulting in the contiguous lots being used in common are eliminated or corrected, such lots shall no longer be considered to be merged by use.

Special use permit for land nonconforming by area. Notwithstanding the regulations for minimum lot area contained in Article 4 (dimensional regulations), the following uses may be made by special use permit, of lots in the following zones, provided that they meet all other requirements of this appendix:

A-1 Zone — A single household dwelling may be built on a lot with up to 10% less than the minimum area required.

§ 16-8 Buildings and structures nonconforming by parking.

[Ord. No. 08-31, 10-7-2009]

A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the parking requirements of Article 14.

Addition, expansion and intensification. The following standards shall apply to a building or structure nonconforming by parking:

A nonresidential building or structure, or use of land, nonconforming by parking, may be added to, enlarged, expanded or intensified provided additional parking space is supplied to meet the requirements of Article 14 for such addition, enlargement, expansion or intensification.

Any residential building or structure nonconforming by parking, may not be added to, enlarged, expanded or intensified, unless brought into full compliance with the parking requirements of Article 14, such that sufficient parking is provided for the entire structure including the original portion and the addition, enlargement, expansion or intensification.

Change of use. A building or structure nonconforming by parking, may be changed to a different use, pursuant to all other provisions of this appendix, provided that such new use meets the following parking requirements of Article 14. The number of additional parking spaces required shall be the difference between the numbers of spaces required for the proposed use and the number of spaces required for the previous use. In the event that the new use requires fewer parking spaces than the previous use, no additional parking spaces need be supplied. However, none of the existing parking spaces shall be eliminated unless the total numbers of spaces required by this appendix for the new use are provided. However, in those cases where an existing permitted use does not meet the parking requirements of Article 14 and is proposed to be changed to a use which requires fewer parking spaces, but which would also not meet the parking requirements on the subject parcel, no additional parking spaces need be supplied. In all other circumstances, if the parcel is unable to support the required number of parking spaces, the applicant shall seek relief from the Zoning Board of Review in the form of a special use permit under the provisions of Article 18.