(1) Existing development that does not meet the lot coverage or open space requirements at EC Table 9.3625, 9.3626(6) or (7) must be brought into conformance with the lot coverage and open space standards in those code sections only when any additional dwelling is created or the number of bedrooms in any dwelling is increased to four or more. However, no development may increase the extent of non-conformance.
(a) An additional dwelling is created on the lot;
(b) The number of bedrooms in any dwelling on the lot is increased to four or more; or
(c) The proposed development would otherwise result in an increase in the extent of the existing driveway’s or parking area’s non-conformance.
(3) A non-conforming driveway or parking area may be paved or re-paved to the extent of the driveway or parking area that existed as of December 14, 2009, without having to be brought into conformance.
(4) Legally established buildings and uses conforming to the residential net density requirements in the R-2 zone on December 7, 1994 are exempt from EC 9.1210 to 9.1230 Legal Nonconforming Situations, pertaining to nonconforming uses. This exemption is limited to development sites in the S-JW Jefferson Westside Special Area Zone on which residential buildings and uses existed, or in which a development permit or land use application was pending, on December 7, 1994. If such a building which is nonconforming as to minimum density is destroyed by fire or other causes beyond the control of the owner, the development site may be redeveloped with the previous number of dwelling unit(s) if completely rebuilt within 5 years. If not completely rebuilt within 5 years, the development site is subject to the density standards for the S-JW Jefferson Westside Special Area Zone.