I need help understanding what our legal counsel is thinking.
According to code, multi-unit dwellings with 5+ units are allowed in the C-4 (Neighborhood Commercial District) with a SUP/Site Plan Review by the Planning Commission.
A pre-existing non-conforming multi-unit dwelling with 5+ units exists in the C-4. They never received a SUP/Site Plan Review, they are grandfathered.
The owner now wants to convert another building on-site to single-unit apartment.
We had an internal discussion over what approvals would be required and have not come to a consensus.
The Zoning Administrator and I believe that the applicant only needs to go before the PC to obtain a SUP/Site Plan Review for the entire lot. Once they obtain the SUP/Site Plan Review then they will no longer be non-conforming.
Legal Counsel believes that they need to go before the PC for the SUP/Site Plan Reivew & the ZBA for an expansion of a non-conforming use.
What say you?