When any change made to an existing building, structure or lot occurs on a property that does not conform to the parking, landscaping, curb cut or signage requirements of this Code, the following regulations shall apply:
(a) Parking. If the seating capacity or square footage occupied by the building increases, or if the use changes so that more parking is required, then all parking requirements of Chapter 1258, Off-Street Parking and Loading, shall be met.
(b) Landscaping. If the landscaping requirements are not met, the owner of the lot involved shall submit a landscaping plan for the completion of all landscaping. The owner may do one of the following:
(1) Devote an amount of not less than 5% of the cost of the expansion or new construction toward meeting the landscaping requirements of this Code; or
(2) Complete all required landscaping required by this Code over a period not to exceed three years with one third of the plan to be implemented each year. No new building permits will be issued until the landscaping plan is fully complied with.
(c) Curb Cuts. If the existing curb cuts are not in compliance with those required by this Code, then all nonconforming curb cuts shall either be eliminated or brought into compliance.
(d) Nonconforming Signs. A legal nonconforming sign may be continued as long as it is kept in good repair and maintained in safe condition. A legal nonconforming sign shall immediately lose its legal nonconforming status and shall be brought into compliance with the regulations of Chapter 1262, Signs, or be removed if:
(1) The sign is altered in any way in structure or size; or
(2) The sign is relocated; or
(3) The sign is replaced; or
(4) The sign pertaining to an establishment that discontinues its operations for a period of 90 consecutive days; or
(5) The sign is damaged to the extent of more than 50% of the cost of replacement of such sign new.
(Ord. 12-64. Passed 3-12-13.)