Any redevelopment or new development within the overlay district, whether conducted within a building or outdoors (e.g., vehicle display), shall be subject to the full provisions of this chapter; with the following exceptions:
A. Residential buildings with less than four (4) dwelling units shall be exempt from the requirements of this chapter.
B. Replacement of a building, or portion thereof, due to its destruction from accidental fire, explosion or other casualty, act of God, the public enemy, or intentional acts other than those caused directly or indirectly by the owner shall be exempt; provided a building permit for such replacement is obtained within three hundred sixty five (365) days of the destructive event. This exception applies only to the extent and size of the previously existing building.
C. Redevelopment of less than ten percent (10%) of a building, and new development that increases building size or outdoor use area by less than ten percent (10%), need not comply with the requirements of this chapter. The percentage shall be calculated from the date of adoption of this chapter.
D. Redevelopment of ten (10) to seventy five percent (75%) of a building, and new development that increases building size or outdoor use area by ten (10) to seventy five percent (75%), need only provide landscaping according to the requirements of section 10-17-5 of this chapter in proportion to the percent of redevelopment/development. The percentage shall be calculated from the date of adoption of this chapter. (Note: Redevelopment of more than 75 percent of a building, and new development that increases building size or outdoor use area by more than 75 percent shall fully comply with the landscaping requirement of section 10-17-5 of this chapter.)
For purposes of this chapter, "redevelopment" shall mean the following:
1. Construction or remodeling for the purpose of conducting a new classification of land use on a property that contains a pre-existing use; or,
2. Removal of an existing structure, or structural portion thereof, and replacement with new construction.
Redevelopment is to be measured in units of area (e.g., square feet).
"New development" shall include new construction, additions, or expansions of structures or uses. (Ord. 2015-04, 6-2-2015)