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result in a building height in excess of that permitted <br /> by this chapter, unless the Planning Commission finds <br /> that such height is appropriate due to the historic <br /> nature of the structure . <br /> (g) Additions to Nonconforming Structures . Any addition <br /> to a legal nonconforming structure shall comply with all <br /> provisions of this chapter, except that the Planning <br /> Director may approve additions not to exceed 150 square <br /> feet in area to be located within a setback, if the <br /> Director finds that : 1) the encroachment would be a <br /> continuation of an existing encroaching building edge, 2) <br /> the addition would encroach no closer to the property <br /> line than the adjacent building edge, 3) the addition <br /> would be limited to one story, not to exceed 19 feet in <br /> height, 4) the addition is desirable in order to provide <br /> architectural consistency with the remainder of the <br /> structure, 5) the addition would have no adverse visual <br /> or privacy impacts on neighbors or the general public; <br /> and 6) the addition would be consistent with floor area <br /> and development area limitations of the Zoning Code . <br /> (h) Legal Nonconforming Structure. For the purposes of <br /> this section, a legal nonconforming structure is one <br /> which was legally- permitted at the time it was <br /> constructed, or legally permitted by an approved variance <br /> but which does not comply with one or more of the Town' s <br /> current Zoning Code provisions . <br /> (i) Increase in Nonconformity. An increase in <br /> nonconformity will occur when any nonconforming structure <br /> or portion thereof is altered to increase the footprint, <br /> volume or height, or to further exceed maximum <br /> development area or floor area, or to increase the extent <br /> of encroachment into a setback or to propose an <br /> encroachment or excess development area in a different <br /> location than previously existed. <br /> (j ) Change of Use. A change of use means conversion of <br /> a non-habitable structure (such as garages, carports, <br /> barns/stables, or storage) to residential uses (main <br /> residence, secondary dwelling, pool house, etc. ) , or the <br /> conversion of an outdoor use area (walkway, patio) to a <br /> more intensive use (swimming pool, tennis court) . Change <br /> of use is only relevant to setback nonconformities . <br /> Change of use to a less intensive use may be permitted by <br /> the Planning Director. <br /> 3 3\1ah\ord\10-1.or2 <br />