ATHLETIC CLUB OFF-STREET PARKING REQUIREMENTS

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