(A) Applicability. This division applies to existing physical improvements on a developed lot that do not conform to the Zoning Code, excluding buildings and signs. See § 155.424.040 (Non-conforming Buildings) for rules that apply to houses, garages, and other buildings on a lot, and § 155.424.050 (Non-conforming Signs) for rules that apply to signs.
(B) Required compliance. Unless excluded by division (D) below (Exceptions), or the exemptions listed in each code section referenced below, if a development project requires a building permit where the total construction value is $55,000 or more, and/or requires a use permit, the following non-conforming site features must be brought into compliance with the Zoning Code:
(1) Landscaping. Landscaping required by § 155.328.040 (Required Landscape Areas) and § 155.328.050 (General Landscape Requirements);
(2) Parking lot landscaping. Parking lot landscaping required by § 155.324.080 (Parking Lot Landscaping) to the extent possible given the configuration of existing development and physical site constraints. For example, if the existing parking lot configuration and striping pattern can only accommodate a two-foot perimeter buffer instead of the required four-foot buffer, the two-foot buffer is allowed;
(3) Parking lot paving/striping. Parking lot paving and striping, as required by city specifications, when parking lot is not paved or striped;
(6) Vision clearance area. Any site feature that conflicts with § 155.308.040 (Vision Clearance Area);
(7) Waste storage. Solid waste/recyclable material storage areas required by § 155.308.070 (Solid Waste/Recyclable Material Storage);
(8) Screening. Screening for adjacent residential zoning districts required by § 155.308.060 (Screening for Residential Zoning Districts);
(9) Short-term bicycle parking. Short-term bicycle parking as required by § 155.324.070 (Bicycle Parking); and
(10) Non-conforming signs. Non-conforming signs as required by § 155.424.050 (Non-conforming Signs).
(C) Annual adjustment. The $55,000 project valuation threshold in division (B) above (Required Compliance) will be increased for inflation by 3% annually, using 2023 as the base year.
(D) Exceptions.
(1) Construction project exceptions. The following development projects are not subject to division (B) above (Required Compliance), and do not trigger the need to bring non-conforming site features into compliance:
(a) Accessory dwelling units. This section does not apply to applications for new construction, creation, or modification of an accessory dwelling unit.
(b) Reroof. This section does not apply to applications for residential or commercial reroof permits.
(c) Solar systems. This section does not apply to applications for solar systems.
(d) ADA accessibility. This section does not apply to applications for ADA accessibility additions or upgrades, when the project only consists of the accessibility additions or upgrades. For example, installation of an accessible ramp for a commercial office would not be subject to this section. A tenant improvement for a commercial office which includes the addition of an accessible ramp would be subject to this section.
(e) Electric vehicle charging stations. This section does not apply to applications for electric vehicle (EV) charging station permits, when the project only consists of the EV station addition or upgrade, and any associated striping of the lot. For example, installation of an EV charging station at a multi-family apartment would not be subject to this section. A remodel of an apartment building which includes the addition of an EV charging station would be subject to this section.
(2) Site feature exceptions. The following non-conforming site features may continue and are not subject to division (B) above (Required Compliance):
(a) Fences and walls (§ 155.320);
(b) Number of required on-site parking spaces (§ 155.324.030);
(c) Long term bicycle parking (§ 155.324.070);
(d) Parking design and development standards (§ 155.324.060); and
(e) Other site features not specifically identified in division (B) above (Required Compliance).
(E) Repairs and modifications.
(1) If a non-conforming site feature identified in division (B) above (Required Compliance) is repaired or modified, the site feature must be brought into compliance with the Zoning Code.
(2) A non-conforming site feature identified in division (D)(2) above (Site Feature Exceptions) may be repaired or modified if the project does not increase or exacerbate the non-conforming aspect of the site feature. For example, a fence that exceeds the maximum height allowed by § 155.320 (Fences and Walls) may be repaired or replaced if the fence height is not increased.
(3) A project that increases or exacerbates the non-conforming aspect of any non-conforming site feature is subject to the permit requirements for variances and minor modifications in § 155.412 (Specific Permits and Approvals). For example, increasing the height of a nonconforming fence that exceeds the maximum height allowed by § 155.320 (Fences and Walls) requires a minor modification or variance. See § 155.412 (Specific Permits and Approvals); calculation of the percent deviation for purposes of qualifying for a minor modification is based on the proposed incremental increase in non-conformity.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)