§ 8.6. Nonconforming Characteristics of Use.  


Latest version.
  • 8.6.1.

    If characteristics of use, including, but not limited to, signs, off-street parking, off-street loading, or landscaping are made nonconforming by these zoning regulations as adopted or amended, no change shall thereafter be made in such characteristics of use which increases nonconformity with these zoning regulations.

    a.

    Nonconforming signs shall not be modified or altered, except in conformity with these zoning regulations.

    b.

    Nonconforming parking or loading areas may be modified, altered or expanded, provided that the changes do not increase the degree of nonconformity with these zoning regulations.

    1.

    Any expansion or redevelopment of a multitenant development shall be required to provide a percentage of the required project boundary buffer, and a percentage of the required street buffer, including any required parking buffer in accordance with Section 7.3, when improvements are made that trigger the provisions Section 3.9, Site and Development Plan. Said percentage shall equal the total gross leasable area of the proposed expansion or redevelopment, divided by the total gross leasable area of the entire existing multitenant development (including the proposed expansion or redevelopment).

    EXAMPLE: Adding 30,000 square feet of gross leasable area to an existing shopping center with 100,000 square feet of gross leasable area will entail providing 30 percent (30,000 divided by 130,000) of the required landscaping.

    2.

    Additional parking spaces must be provided to address any change in use or any expansion that results in an increase in the required parking, including, but not limited to, additional dwelling units, transient accommodations, or an increase in indoor or outdoor patron floor area.

    EXAMPLE: If an existing restaurant with nonconforming parking spaces adds 300 square feet of patron floor area, six new parking spaces will be required in addition to any existing parking spaces (1 parking space per 50 sq. ft. of patron floor area).

(Ord. No. 2004-054, § 49, 10-27-2004; Ord. No. 2008-082, § 4, 3-18-2009)