§ 155.141 APPLICABILITY.

   (A)   New development. No site development, building, or structure shall hereafter be constructed nor vehicular use area (VUA) created unless landscaping is provided as required by the provisions of this subchapter. Any building, structure, or VUA that in its entirety is removed and reconstructed, or relocated to a new on-site location, shall be considered new development for purposes of this subchapter. Any VUA that in its entirety is changed from gravel, stone, or similar material to asphalt or concrete pavement shall be considered new development for purposes of this subchapter.

   (B)   Existing development. EXISTING DEVELOPMENT is subject to this subchapter as defined below:

      (1)   Any increase/expansion of an existing building/structure’s square footage by 20% or more;

      (2)   Any expansion of an existing VUA square footage by 20% or more or a change of 20% or more of VUA surface from gravel, stone, or similar material to asphalt or concrete pavement (semi-pervious pavers exempted); and

      (3)   Any increase in the combined square footage of building/structure and VUA (as described in division (B)(2) above) of 20% or more of the combined square footage.

   (C)   Improvements. When such improvements are made, the following landscape provisions shall be required.

      (1)   Expansion by greater than 20% and less than 50%. Only the area of new improvements shall be subject to the requirements of this subchapter.

      (2)   Expansion by 50% or greater. The entire site shall be subject to the requirements of this subchapter.

   (D)   Small sites (development which in its entirety occupies a site measuring no more than 10,000 square feet).

      (1)   Expansion by greater than 20% and less than 50%. No landscaping required.

      (2)   Expansion by greater than 50%. Only the area of new improvements shall be subject to the requirements of this subchapter.

   (E)   Change of use. Change in the use of property, from a use not required to provide landscaping and buffering to a use that is regulated by this part, shall necessitate the provision of landscaping and buffering as required by this subchapter.

   (F)   Non-conformance.

      (1)   No changes shall be made to sites that do not conform to this section that would increase the non-conformance with this subchapter. Existing landscape buffer areas, screening, and plant material on non-conforming sites that partially meet the requirements of this subchapter shall be retained.

      (2)   Planting and buffering required in this subchapter can count towards requirements in other sections of this regulation. However, compliance with §§ 155.140 through 155.154 does not substitute for compliance with other applicable sections of this regulation.

(LDC § 10.2.2)