§ 16-24.006. Nonconforming characteristics of use.

(a)

If accessory characteristics of use, such as off-street parking and loading, lighting, or other matters pertaining to the use of land, structures or premises are made nonconforming by this chapter as passed or amended, no change shall be made which increases the degree of nonconformity with the requirements of this chapter; but changes may be made which result in the same or a lesser degree of nonconformity. In cases where land is taken for public purposes in such a manner as to reduce off-street parking or loading space below that previously existing and required by the regulations for the district, the deficiency thus created shall be construed as a nonconforming characteristic of use.

(b)

The parking requirements for a business that is to be operated with a license for the consumption of malt beverages, wine and/or distilled spirits, shall not be based on the continuation of non-conforming off-street parking arrangements for any eating and drinking establishment that has previously operated at that location unless there has been a valid license for on-premises consumption of the same type as that under consideration, in operation at that location within the previous 12 months.

(Code 1977, § 16-24.006; Ord. No. 2005-41(06-O-0381), § 1, 7-12-05)