(A) Generally. A nonconforming site improvement is a development activity on sites improved during the process of development, redevelopment, or improvement. Over time, such development activities will have the effect of removing the majority of nonconforming site improvements in the jurisdiction of this Zoning Ordinance. The following site improvements are nonconforming if there were lawfully established but do not meet the standards of Article D, Building and Site Design Standards:
(1) Building exterior material or design;
(2) Parking, loading, or stacking areas or driveways;
(3) Development landscaping or bufferyards; and
(4) Outdoor lighting.
(B) Nonconforming driveway.
(1) Continuance. Any nonconforming driveway access is permitted to continue as a nonconforming driveway until:
(a) Additional access. Any additional driveway is constructed for the subject property or for the unified development of which it is a part; or
(b) Repaving or reconstruction. The driveway requires reconstruction or repaving.
(2) Termination. If the criteria in this division (B), Nonconforming Driveway, are met, the nonconforming driveway shall no longer be permissible, and the Zoning Administrator shall require driveway access to meet the requirements of Article D. The Zoning Administrator may block any such nonpermissible driveways after notice is mailed to the property owner of record.
(C) Other nonconforming site improvements. No other nonconforming site improvement may be modified except to bring the site improvement into greater compliance with the requirements on Article D.
(Ord. 15039, passed 4-11-2022)