9.6.2. Enlargement or Alteration.

   A.   No nonconforming sign shall be enlarged or altered in any manner that results in a greater degree of nonconformity.

   B.   No modification of the structure of any nonconforming sign shall be permitted, except to bring the sign into conformity.

   C.   Illumination may not be added to a nonconforming sign that previously was unilluminated.

9.6.3. Discontinuation of Business.

   If a nonconforming sign other than a billboard advertises a business, service, commodity, accommodation, attraction or other enterprise or activity no longer operating or being offered or conducted, that sign shall be considered abandoned and shall be removed within 90 days after such abandonment by the sign owner, property owner or other person having control of the property.

9.6.4. Billboards on Federal Aid Highways.

   Billboards on federal aid highways are protected by the State and Federal Highway Beautification Acts and cannot be amortized and can be removed only upon payment of just compensation as defined by those Acts.

(Ord., 3-16-21)

9.7. NONCONFORMING SITE ELEMENTS.

   A nonconforming site element is a site improvement that is required as part of an approval but does not exist, or was existing or lawfully established prior to this UDO being adopted or amended. Site elements include, but are not limited to access, parking, pedestrian amenities, landscaping, signage, and lighting.

9.7.1. Reduction of Nonconformity.

   No nonconforming site element shall be erected, replaced, or modified except to reduce or eliminate the nonconformity. Repair and maintenance of nonconforming site elements is permitted.

   Commentary 01/01/2021: Previous interpretations have ruled that upper floor additions to structures can be constructed within the current (nonconforming) building footprint, provided all other criteria are met.

9.7.2. Applicability Matrix.

   Notwithstanding other portions of this Article, the following table summarizes the minimum requirements that shall be met when there are changes to existing nonconforming development and/or to nonconforming structures or uses. A √ indicates that compliance with all applicable standards of this UDO is required.

Figure 9.7-A: Required Site Element Upfits

	Dimensional Standards	Building Design Standards	Sidewalks, Street Trees, & Curb-and- Gutter	Tree Protection & Landscaping	Parking Lot Landscaping	Buffers & Screening	Outdoor Lighting
Existing Development
Change of Use (from residential to nonresidential or mixed use)		√	√	√	√	√	√
Parking Area Expansion
Less than 12 Spaces or < 40% of Paved Area(a)			√	√	√	√	√
Expansion of > 40% of Paved Area or 12 Spaces or More			√	√	√	√	√
Building Expansion and/or Reconstruction
< 50% of Existing Floor Area	√(a, b)	√(c)					√(a)
> 50% of Existing Floor Area	√(a, b)	√(c)	√	√	√	√	√
Notes: (a)   For expanded/reconstructed portion only. For sidewalks and curb-and-gutter, this includes any areas of abutting right-of-way. (b)   Exception: Maximum front setback should be met to the extent practical as determined by the Board of Adjustment. For expansions, reconstruction areas and all other walls facing public streets.

 

9.7.3. Compliance.

   If all site elements cannot be brought into compliance with the current requirements of this Chapter for reasons which include, but are not limited to site layout, space limitations, tree preservation, or other natural features, the Board of Adjustment may approve a Variance to deviate from site element dimensional requirements so long as the modifications to the elements are moving in the direction of conformity with the provisions of this Chapter.

(Ord., 3-16-21)