1168.09 APPLICATION OF D-1 REQUIREMENTS.

   (a)   The design requirements set forth for the D-1 District shall apply to both existing structures and new construction as provided herein.

   (b)   New Structures. New development and/or construction must adhere to the D-1 zoning and design requirements from the project's inception and at all times thereafter.

   (c)   Existing Structures.

      (1)   Any change in land use or enlargement, reconstruction, structural alteration, remodeling or major repair respecting at least thirty-three percent (33%) of visible exterior portions of any existing building or lot in the D-1 District shall comply with the Zoning Ordinance provisions for D-1 and the accompanying guidelines for D-1 as to the portions of the building or lot which are changed.

      (2)   Existing lots and structures which at the time of adoption of the D-1 District are nonconforming by reason of noncompliance with the provisions of this chapter shall be classified as legally conforming and shall appeal to the Design Review Committee in the event of building or structure damage more than sixty percent (60%) of its fair market value. The damage, exclusive of foundations, may include fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God. The building or structure may be restored and/or reconstructed with the review and written recommendation of the Design Review Committee and approval of the Planning Commission which may waive specific guidelines in order to permit a nonconforming lot.
(Ord. 123-18. Passed 12-3-18.)