2024-5

Converting an existing accessory structure (like a garage) to a residential unit often triggers an Item D appeal if the structure's current location is already nonconforming to accessory building setbacks, as residential structures typically have stricter setback requirements.

For "Item D appeals" concerning nonconforming structures, the board's primary focus is on whether the proposed changes increase the degree of nonconformity, rather than requiring the applicant to demonstrate a hardship, which is typically reserved for variance requests.

For Item D appeals concerning additions to nonconforming structures, the Board of Zoning Appeals' primary standard for approval is determining whether the proposed change is "appropriate" for the site and context.