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Zoning Commission Packet 2013 02-27-13 r�D Cfr o United City of Yorkville 800 Game Farm Road esr. �, � 1835 Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 0 11 Fax: 630-553-7575 AGENDA ZONING COMMISSION MEETING Wednesday, February 27, 2013 7:00 P.M. City Hall Conference Room 800 Game Farm Road 1. Welcome 2. Roll Call 3. Citizen's Comments 4. Approval of January 23, 2013 meeting minutes 5. Old Business: a) Review and Commentary of Proposed Revised Zoning Chapters • Chapter 12: Business Districts • O, Office District • B-1,Local Business District • B-2,Retail Business District • B-3, General Business District • B-4, Service Business District 6. New Business: a) Review and Commentary of Proposed Revised Zoning Chapter • Chapter 15: Nonconforming Buildings, Structures, and Uses 7. Adjournment 8. Next meeting date: March 27, 2013 ZONING COMMISSION MEETING Wednesday,January 23, 2013 7:00 p.m. Yorkville City Hall Conference Room 800 Game Farm Road, Yorkville, IL 60560 Meeting Called to Order The meeting was called to order at 7:01 p.m. and Mr. Crouch welcomed everyone. Roll Call Roll call was taken; a quorum was established. Committee Members in Attendance Gary Neyer Jeff Baker Michael Crouch Pete Huinker City Officials in Attendance Krysti Barksdale-Noble, Community Development Director Jason Engberg, Community Development Intern Citizen's Comments There were no citizens in attendance. Previous Minutes Mr. Baker made a motion to approve the October 24, 2012 minutes. Mr. Millen seconded it; there were no discussions, corrections or additions so a motion to approve was made, seconded and unanimously accepted and the motion was carried. Mr. Crouch then turned the meeting over to Ms. Noble to cover Old Business. Old Business Ms. Noble said there was an updated Table of Contents took out the two sections that had to do with Downtown that is now out of the committee's hands. They will now concentrate on the remaining uses, such as Adult Oriented Uses (which is in the packet); Nonconforming Buildings, Structures and Uses; Off-street parking and loading; fences, Screens and Walls; Signs; Telecommunication Towers and Alternate Energy Systems. The Committee is coming down the home stretch. At this point, Chairman Crouch wanted to thank the committee for their continued service because it began as an Ad Hoc Commission and was supposed to be a lot less time than it has been due to all of the new developments that have occurred in the interim. Chapter 14 -Revisions: Ms. Noble has made a few changes on the Adult Oriented uses, such as hours of operations (changed to reflect Liquor hours); arterial roadways coincide with B3 District; and exterior signage and display. Everything else was standard with the ordinance that was previously passed. New Business: Ms.Nobel turned the meeting over to Mr. Engberg. He has been working on Chapter 12 and 13 (Business and Manufacturing Districts) and added "Purpose" and "Intent." He changed the title of B-1 from `Limited' Business to `Local;' B3 was changed to `General;' and B4 is now a `Service' District. Mr. Baker encouraged the practice of dwelling units above the first floor of a permitted use to create mixed use buildings. Ms. Noble this is currently done in B2 only. Mr. Engberg said the reason he changed some of the names of the districts was because B-3 was Business District and B4 was General Business District and there was no specifying what goes where. Mr. Crouch said this is where the Committee has to become forward thinking because they cannot foresee what may happen in the next five years. Mr.Neyer said he is always for creative uses and fewer restrictions on people's own property and doesn't see the need for four(4) separate business districts—they seem to be redundant. Local, Retail and General Service should all fall under"General." It was pointed out they are all needed so the areas don't need to be re-zoned. Mr. Neyer asked the question, "Is there anything permissible in B-4 that's not permissible in B-3?" Ms. Noble said the owner of B-4 can have utility service yard or a garage for buses and trucks. In the discussion of what could be above a B-3, it was agreed that the primary use of the building be business with residential above so 100% of the first floor must be dedicated to commercial. Mr. Neyer suggested going through a"what if' scenario for Zoning. "What if'we created a Residential District with 10,000 sq. ft. lots and there was a rush to re-zone the small lot amongst many of the 12,000 sq. ft. lot subdivisions. They would have to re- engineer the entire thing; provide for additional storm water; etc. If they accomplish that, people are going to start building sooner than later. No one could predict what would happen. Mr.Neyer then suggested an age-restricted, "villa-type"zoning with 6500 sq. ft. lot sizes so there would not be any impact on the schools. Mr. Baker did not see any problem with age-restriction for owner/occupant as long as nothing else was tied to it. Ms.Noble pointed out that was "market specific,"not a zoning issue. Mr. Baker suggested going with "age restricted for the owner/occupant in a development." He pointed out that would make it a zoning classification for smaller lots (i.e. 6500 sq. ft.). Ms. Noble agreed it should be kept general without restrictions besides age so it would be considered a zoning use. She and Mr. Crouch asked if there were any questions on M-1 and/or M-2; there were none. Ms. Noble then said Mr. Engberg was working with her on getting photos for each classification, as well as getting them on line. He showed the members examples of the animation. Mr. Crouch asked if there was any other business; there was none; a motion to adjourn was made; seconded; agreed by all; meeting adjourned at 8:22 p.m. Minutes respectfully submitted by: Bonnie Olsem Administrative Secretary _.�I�° co-, Memorandum ESL -.� 1 836 To: Zoning Ordinance Commission From: Jason Engberg, Planning Intern I CC: Krysti J. Barksdale-Noble, Community Development Director C", a` O Bart Olson City Administrator ALE w Date: February 27, 2013 Subject: Zoning Ordinance Update—New Business Items Staff has prepared the attached revised Chapter 12: Business Districts for the Zoning Commission to review and discuss. The modifications were made to reflect the recommendations from a previous meeting with the Zoning Commission. The proposed revisions are as detailed: Chapter 12 Chapter 12A: O, Office District • Changed the last sentence about mixed use buildings. This is to emphasize that all mixed use buildings will be 100% commercial on the first floor with dwelling units only allowed on upper floors. Chapter 12B: B-1, Local Business District • Changed the last sentence about mixed use buildings. This is to emphasize that all mixed use buildings will be 100% commercial on the first floor with dwelling units only allowed on upper floors. Chapter 12C: B-2, Retail Business District • Changed the last sentence about mixed use buildings. This is to emphasize that all mixed use buildings will be 100% commercial on the first floor with dwelling units only allowed on upper floors. Chapter 121): B-3, General Business District • Changed the last sentence about mixed use buildings. This is to emphasize that all mixed use buildings will be 100% commercial on the first floor with dwelling units only allowed on upper floors. Chapter 12E: B-4, Service Business District • Deleted the sentence pertaining to the encouragement of mixed use buildings in this zone as it does not seem feasible to have such a building in this district. Pictures of permitted uses were also added to this section. The City attorney has written Chapter 15: Nonconforming Buildings, Structures and Uses and it has been attached to be reviewed and discussed. Staff has attached an original version of Chapter 10: Nonconforming Buildings, Structures, and Uses for comparison. Chapter 12 Business Districts ARTICLE A. O, OFFICE DISTRICT SECTION 10-12A-1 Purpose and Intent 10-12A-2 Permitted and Special Uses 10-12A-3 Dimensional and Bulk Requirements 10-12A-1PURPOSE AND INTENT: The O Office District zoning designation is intended to provide for the location of professional offices,research and development facilities, and other related uses on parcels of at least 20,000 square feet. In addition, a mix of limited retail and service uses may be allowed to support other uses within the zone. The O Office District zone may be used as a transitional zone between residential and more intensive commercial and manufacturing districts. This district encourages the creation of mixed use buildings as long as the dwelling units are above the first floor of a permitted use and the entire first floor is used for commercial purposes. 10-12A-2 PERMITTED AND SPECIAL USES: No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title.All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-12A-3 DIMENSIONAL AND BULK REQUIREMENTS: Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. t t� IN Chapter 12 Business Districts ARTICLE B. B-1,LOCAL BUSINESS DISTRICT SECTION 10-1211-1 Purpose and Intent 10-12B-2 Permitted and Special Uses 10-1211-3 Dimensional and Bulk Requirements 10-12B-1PURPOSE AND INTENT: The B-1 Local Business District zoning designation is intended for the location of commercial and professional facilities that are especially useful in close proximity to residential areas. The district is designed to provide convenient shopping and services that meet the needs and enhances the quality of life for surrounding residential neighborhoods. This district encourages the creation of mixed use buildings as long as the dwelling units are above the first floor of a permitted use and the entire first floor is used for commercial purposes. 10-12B-2 PERMITTED AND SPECIAL USES: No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title.All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-12B-3 DIMENSIONAL AND BULK REQUIREMENTS: Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. - I i� 0cti OPf�iNnrw7 Chapter 12 Business Districts ARTICLE C. B-2,RETAIL BUSINESS DISTRICT SECTION 10-12C-1 Purpose and Intent 10-12C-2 Permitted and Special Uses 10-12C-3 Dimensional and Bulk Requirements 10-12C-1PURPOSE AND INTENT: The B-2 Retail Business District zoning designation is intended for the location of retail shops and stores offering goods to the population. Buildings in this district are allowed to build on a majority of the lot with diminished setbacks. This allows shops and stores to maximize retail space while supporting a pedestrian friendly environment in retail shopping areas. This district encourages the creation of mixed use buildings as long as the dwelling units are above the first floor of a permitted use and the entire first floor is used for commercial purposes. 10-12C-2 PERMITTED AND SPECIAL USES: No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title.All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-12C-3 DIMENSIONAL AND BULK REQUIREMENTS: Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. nF=` Chapter 12 Business Districts ARTICLE D. B-3, GENERAL BUSINESS DISTRICT SECTION 10-12D-1 Purpose and Intent 10-12D-2 Permitted and Special Uses 10-12D-3 Dimensional and Bulk Requirements 10-12D-1PURPOSE AND INTENT: The B-3 General Business District zoning designation is intended for the location of a broad range of commercial uses,including small scale and large scale businesses. These uses are usually oriented toward automobile access and visibility;therefore they are typically set along major arterial roads. The businesses in this district are meant to serve regional as well as local customers. This district encourages the creation of mixed use buildings as long as the dwelling units are above the first floor of a permitted use and the entire first floor is used for commercial purposes. 10-12D-2 PERMITTED AND SPECIAL USES: No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title.All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-12D-3 DIMENSIONAL AND BULK REQUIREMENTS: Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. !. Chapter 12 Business Districts ARTICLE E. B-4, SERVICE BUSINESS DISTRICT SECTION 10-12E-1 Purpose and Intent 10-12E-2 Permitted and Special Uses 10-12E-3 Dimensional and Bulk Requirements 10-12E-1PURPOSE AND INTENT: The B-4 Service Business District zoning designation is intended for the location of a variety of service based commercial uses. These businesses focus on providing residents with services on a local level. 10-12E-2 PERMITTED AND SPECIAL USES: No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title.All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-12E-3 DIMENSIONAL AND BULK REQUIREMENTS: Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. low I i J J � Draft 2/13/13 Chapter 15 NONCONFORMING BUILDINGS, STRUCTURES AND USES 10-15-1: CONTINUANCE OF USE AND STRUCTURES A. Any lawfully established use of a building or land on March 28, 1974, including any use which is rendered nonconforming by a subsequent amendment to this Title, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued subject to the provisions of this Chapter. B. Any lawfully established building or structure on March 28, 1974, including any building or structure which is rendered nonconforming by a subsequent amendment to this Title, that does not conform to the regulations for the district in which it is located shall be deemed to be a legal nonconforming building or structure and may be continued in use subject to the provisions of this Chapter. 10-15-2: NONCONFORMING USES A. Relocation: A nonconforming use shall not be relocated in whole or in part to any other location on the same property or to any other property unless the nonconforming use complies with all of the regulations of the zoning district into which it relocates. B. Change in Use: A nonconforming use of land shall not be changed to any other use except to a land use, specifically enumerated in the list of permitted uses for the zoning district in which the land is located. Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a conforming use, such premises shall not thereafter be used or occupied by a nonconforming use. C. Expansion: A nonconforming use shall not be extended, expanded, enlarged or increased in any manner including, but not limited to, the following: 1. A nonconforming use that does not involve a structure or which is accessory to the nonconforming use of a structure shall not be expanded or extended to any land area not occupied by such nonconforming use. 2. A nonconforming use shall not be expanded within a structure to any portion of the floor area that was not occupied by such nonconforming use. A use permitted in the district in which it is located may expand in a nonconforming structure. D. Abandonment: A nonconforming use of any land or structure, including any accessory uses, shall not be reestablished subsequent to abandonment as follows: 1. Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district. 2. Where there is a change in use, regardless of whether or not such change was made in compliance with all applicable codes and ordinances, the nonconforming use of any land or structure shall not be reestablished. Any subsequent use of such land or structure shall comply with the regulations of the zoning district in which it is located and with the provisions of the other titles of this Code. 3. Where no building or structure is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner. 10-15-3: NONCONFORMING STRUCTURES A. Relocation: A nonconforming structure shall not be relocated in whole or in part to any other location on the same property or to any other property unless the nonconforming structure complies with all of the provisions of this Code. B. Maintenance, repair, alteration and enlargement: 1. A nonconforming structure which is designed or intended for a use that is not permitted in the zoning district in which it is located may be maintained or repaired,not including structural alterations, subject to compliance with all of the regulations of the zoning district in which it is located and with the provisions of the other titles of this Code,but such nonconforming structure shall not be altered or enlarged, unless such alteration or enlargement and the use thereof, conform to all of the regulations of the zoning district in which it is located, and does not extend or intensify the nonconforming use. 2. No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations: a. When the alteration is required by law, or b. When the alteration will actually result in elimination of the nonconforming use, or c. When a building is in a residential district containing residential nonconforming uses, it may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building. 3. A nonconforming structure which is nonconforming only with respect to the bulk regulations for the zoning district in which it is located may be maintained, repaired, altered, or enlarged, provided that the maintenance, repair, alteration, or enlargement does not establish any additional nonconformity and complies with all of the regulations of the zoning district in which it is located and the provisions of the other titles of this Code. C. Damage and destruction: 1. If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent(50%) or more of its fair- market value prior to such damage, the building or other structure can be rebuilt or used thereafter only for conforming principal and accessory uses and in compliance with the provisions of the district in which it is located. 2. In the event the damage or destruction is less than fifty percent (50%) of its market value, the building or structure may then be restored to its original condition and the occupancy or use of such building or structure may be continued which existed at the time of such partial destruction. 3. In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and completed within twenty-four(24) months. 4. The methodology for determining the extent of damage with regard to fair- market value shall be as approved by the Community Development Director. 10-15-4: ELIMINATION OF NONCONFORMING USES, BUILDINGS AND STRUCTURES: The period of time during which the following nonconforming uses, buildings, or structures may continue or remain nonconforming shall be limited from March 28, 1974 or when any use, building or structure is rendered nonconforming by a subsequent amendment to this Title. Every such nonconforming use, building or structure shall be completely eliminated or removed from the premises at the expiration of the period of time specified below: A. Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) shall be removed after two (2) years. B. All nonconforming advertising devices, such as pennants, flags, movable signs or portable outdoor displays in any business district shall be removed after two (2) years. C. Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after ten (10) years. D. Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years. E. Any nonconforming house trailers shall be removed after a period of ten (10) years. F. In all residence districts uses permitted only in the B-2 and B-3 Districts or the manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule: Description of Use Amortization Period Uses permitted in the B-2 and B-3 Districts: 15 years Uses permitted only in the manufacturing districts: 8 years 10-15-5: EXEMPTED BUILDINGS, STRUCTURES AND USES: Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is nonconforming only in the particular manner thereinafter specified, the building and use thereof shall be exempt from the requirements of Sections 10-10-4 and 10-10-3.B of this Chapter as follows: A. In any residence district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein. B. In any residence district where a use permitted in the B-1 District occupies ground floor space within a multiple-family dwelling located on a corner lot. C. In any business or manufacturing district where the use is less distant from a residence district than that specified in the regulations for the district in which it is located. D. In any district where an established building, structure or use is nonconforming with respect to the standards prescribed herein for any of the following: 1. Floor area ratio; 2. Lot area per dwelling unit; 3. Yards - front, side, rear or transitional; 4. Off-street parking and loading; 5. Lot area; 6. Building height; 7. Gross floor area. Chapter 10 NONCONFORMING BUILDINGS, STRUCTURES AND USES -10-1: CONTINUANCE OF USE: -10-2: DISCONTINUANCE OF USE: -10-3: ELIMINATION OF NONCONFORMING USES, BUILDINGS AND STRUCTURES: -10-4: REPAIRS AND ALTERATIONS: -10-5: DAMAGE AND DESTRUCTION: -10-6: ADDITIONS AND ENLARGEMENTS: -10-7: EXEMPTED BUILDINGS, STRUCTURES AND USES: 10-10-1: CONTINUANCE OF USE: A. Any lawfully established use of a building or land that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein. B. Any legal nonconforming building or structure may be continued in use, provided there are no physical changes other than necessary maintenance and repair, except as otherwise permitted herein. C. Any building for which a permit has been lawfully granted may be completed in accordance with the approved plans, provided construction is started within ninety (90) days of the effective date hereof and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building. (Ord. 1973-56A, 3-28-74) 10-10-2: DISCONTINUANCE OF USE: A. Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a conforming use, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use. B. Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district. C. Where no enclosed building is involved, discontinuance of anonconforming use for a period of six (6) months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner. D. A nonconforming use not authorized by the provisions of this Title shall be discontinued. (Ord. 1973-56A, 3-28-74) 10-10-3: ELIMINATION OF NONCONFORMING USES, BUILDINGS AND STRUCTURES: The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain shall be limited from the effective date hereof which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the period of time specified below: A. Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) shall be removed after two (2) years. B. All nonconforming advertising devices, such as pennants, flags, movable signs or portable outdoor displays in any business district shall be removed after two (2) years. C. Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after ten (10) years. D. Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years. E. Any nonconforming house trailers shall be removed after a period of ten (10) years. F. In all residence districts, any use lawfully existing at the effective date hereof, but permitted only in the B-2 and B-3 Districts or the manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule: Description of Use ��mortization Period Uses permitted in the B-2 and B-3 Districts 15 years from the effective date hereof Uses permitted only in the manufacturing 8 years after the effective date districts hereof (Ord. 1973-56A, 3-28-74) 10-10-4: REPAIRS AND ALTERATIONS: A. Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. B. No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations: 1. When the alteration is required by law. 2. When the alteration will actually result in elimination of the nonconforming use. 3. When a building is in a residential district containing residential nonconforming uses, it may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building. (Ord. 1973-56A, 3-28- 74) 10-10-5: DAMAGE AND DESTRUCTION: A. If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than fifty percent (50%) of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction. B. In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion. (Ord. 1973-56A, 3-28-74) 10-10-6: ADDITIONS AND ENLARGEMENTS: Except as provided in Section -10-7 of this Chapter: A. A nonconforming building may be enlarged or extended onlyif the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located. B. No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use. C. No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date hereof, or to displace any conforming use in the same building or on some parcel of land. D. A building or structure which is nonconforming with respect to yards, floor area ratio or any other element of bulk shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located. (Ord. 1973-56A, 3-28-74) 10-10-7: EXEMPTED BUILDINGS, STRUCTURES AND USES: i Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is nonconforming only in the particular manner thereinafter specified, the building and use thereof shall be exempt from the requirements of Sections -10-3 and -10-4 of this Chapter as follows: A. In any residence district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein. B. In any residence district where a use permitted in the B-1 District occupies ground floor space within a multiple-family dwelling located on a corner lot. C. In any business or manufacturing district where the use is less distant from a residence district than that specified in the regulations for the district in which it is located. D. In any district where an established building, structure or use is nonconforming with respect to the standards prescribed herein for any of the following: 1. Floor area ratio; 2. Lot area per dwelling unit; 3. Yards -front, side, rear or transitional; 4. Off-street parking and loading; 5. Lot area; 6. Building height; 7. Gross floor area. (Ord. 1973-56A, 3-28-74)