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• <br /> • <br /> 2. Nonresidential Zones: A nonconforming use located in a nonresidential zone may be <br /> changed to another nonconforming use only if the proposed use is not more nonconforming than <br /> the prior use. <br /> 3. Factors to be considered in making this determination include traffic generation,parking <br /> demand,number of employees,visual impact,noise, odor,dust and other similar nuisance <br /> irritants, as well as the evaluation criteria listed in Section 41.150C. <br /> D. Expansion of a Nonconforming Use. Expansion of a nonconforming use may be <br /> permitted using Review Process III.B. The evaluation criteria which shall be considered during <br /> the review of the proposed expansion are contained in Section 38.090. <br /> is hereby amended to read: <br /> Nonconforming structures. <br /> A. Alteration or Expansion. <br /> 1. Additions,maintenance or repair to a nonconforming structure which does not increase <br /> the nonconformity shall be permitted,provided the addition,maintenance or repair <br /> complies with building and zoning code requirements. <br /> 2. A nonconforming structure which does not meet required setbacks or height may be <br /> expanded along the nonconforming setbacks or to the existing nonconforming height if <br /> approved by the Planning Director using Review Process II.A; provided that: the <br /> expansion does not make the setback or height more nonconforming;that the expansion <br /> complies with all other requirements of this Ordinance; and that the nonconformity has <br /> been certified by the Planning Department. <br /> B. Damage or Destruction. <br /> 1. If a nonconforming structure is destroyed or damaged to any extent by fire or other <br /> casualty not intentionally caused by the owner,the structure may be rebuilt if the <br /> following requirements are met: <br /> a. the nonconformity of the structure is certified; <br /> b. a complete building permit application is properly filed within one year of such fire <br /> or other casualty, and <br /> c. construction is commenced and completed in conformance with the provisions of <br /> the building code then in effect. This provision shall not reduce any requirements of the <br /> building or fire codes in effect when such structure is rebuilt. <br /> 2. If a nonconforming structure which has no permanent foundation is destroyed and the <br /> foundation's location cannot be verified by the Planning Department,then any new <br /> construction shall comply with the requirements of the Zoning Code. <br />