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ATHLETIC CLUB OFF-STREET PARKING REQUIREMENTS
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ATHLETIC CLUB OFF-STREET PARKING REQUIREMENTS
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Last modified
1/3/2012 1:31:18 PM
Creation date
7/21/2010 8:00:35 AM
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Legal Opinions
Description
ATHLETIC CLUB OFF-STREET PARKING REQUIREMENTS
Date
12/6/1973
Agency
Planning & Building
Notes
OPINION 73-69
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No nonconforming building or use shall be added to or <br />enlarged or structurally altered in any manner unless such <br />improvement conforms in every respect to the provisions of_ <br />the district in which it is located. <br />Sec. 41-684. Expansion of a nonconforming build- <br />ing or use. <br />The nonconforming use of land or buildings shall not be <br />expanded on the same or nearby property. A nonconforming <br />use shall not be expanded or extended into any other part of <br />a conforming building. <br />Sec. 41-685. Change of a nonconforming use. <br />(in pertinent part) <br />A nonconforming use of land or buildings shall be <br />changed only to a similar use or a use permitted in the dis- <br />trict in which said use is situated. Further, said change in <br />use shall not require compliance with the off-street parking <br />provisions set forth in this chapter, provided there is no <br />exterior addition or enlargement... <br />These three code sections must be construed together <br />so as to harmonize if possible. With this in mind the foll_ow- <br />ing determinations are submitted concerning construction of <br />these sections: <br />1. A particular project of construction or physical <br />alteration of the premises may constitute a "structural altera- <br />tion" for purposes of Section 41-681 yet not amount to an <br />"addition" or "enlargement" for purposes of that section and <br />Section 41-685. In such a case, the owner of the premises <br />would fall within the parking requirements exception of 41.-685 <br />and his premises could not be considered as nonconf_orminc~ to <br />the zoning laws for purposes of 41-681 for failure to meet the <br />off-street parking standards, provided that the activity to be <br />conducted on the premises is similar to the previous use or is <br />listed as a "permitted use" for the zone. <br />2. The term "enlargment" as used in Section 41-685 <br />is not limited to "exterior" changes, as is the term "addition," <br />and it i-ncludes any act which constitutes an "expansion" or <br />"extension" of a use as those terms appear in Section 41-684. <br />Rather, an "exterior addition" is only one type of "cn]~,rcYe- <br />ment" ; other types would include the expansion of ,t nr~ncc,n-- <br />forming use, into new parts of an existing hu i lcl i u<_) or. th~~ i n- <br />terior addition of new floor levels. 11n inter-ior ~~•n1~ir<Ic~rn~~nt <br />wi_11 gene~r~illy have the same effect on tfu~ n~~c,<~:,~, i I y I ur. ~,i~~(- <br />st-rest park i.n~Y as an exterior. cna.ar<tement_ of t~_f,~~ I~rc~mir~c~t, woulcJ <br />have, rznd, in view of the 41-684 general I,r~,h i t, i ~ ~ <,n a~l~rin:,i <br />expansion of nonconforming uses, i.t ca.nnc~l ~~ ,,~;:;i~ric~~l IJi°al <br />;~c~c~tion ail-Fi£35 was in1~ended t.o -impose I_}~°~ 1,.;~~~i~: ,~-~ ~ ~~~;ui r°•nlc~iil ~. <br />on_I y ,,~~ l c, c~xtc~r ic)r cnl.argemc~nts. <br />153 <br />
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