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This section shall apply to any other nonconformity including, but not limited to, fence height or location; lack of buffers or screening; lack of or inadequate landscaping; lack of or inadequate off street parking; and any other nonconformity not addressed by sections 10-8-4, 10-8-5, and 10-8-6 of this chapter.
A. Nonconforming Development With Approved Site Plan: Nonconforming development that is consistent with a site plan approved before the effective date of this title shall be deemed to be in conformance with this title to the extent it is consistent with the approved site plan and to the extent such plan or conditions imposed thereon directly address the specific issue involved in a determination of conformity. A nonconformity other than one of those enumerated in sections 10-8-4, 10-8-5, and 10-8-6 of this chapter shall be brought into conformance upon the occurrence of any one of the following:
1. Any increase of more than thirty percent (30%) in floor area or fifty percent (50%) of the value of the building or premises.
2. For a lot located in a commercial, business, or industrial zone, any change in use to a more intensive use when a new certificate of occupancy is required.
B. Compliance: Because nonconformities addressed in this section involve less investment and are more easily corrected than those addressed in sections 10-8-4, 10-8-5, and 10-8-6 of this chapter, the intent of the city is to eliminate such nonconformities as quickly as practicable. The extent of such nonconformities shall not be increased. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)