59-C-15.9. Existing approvals.

   (a)   One or more lawfully existing buildings, structures, or uses that predate the application of the CRT, CRN, or CR zone to the land are conforming structures or uses and may be continued, renovated, repaired, or reconstructed to the same size and configuration, or enlarged up to a total of 10 percent above the total existing floor areas of all buildings and structures on site or 30,000 square feet, whichever is less, and such development does not require a site plan.  Any enlargement of a building structure or use may be further limited by Subsection (e). Expansions in excess of the limitations in this Subsection will require compliance with the full provisions of this Division.  Uses located in a building or structure deemed conforming under the provisions of this Subsection may be converted to any permitted non-residential or residential use(s) up to the density limits for the land use established by the CRT, CRN, or CR zone.

   (b)   A project that received an approved development plan under Division 59-D-1 or schematic development plan under Division 59-H-2 before the application of the CRT, CRN, or CR zone to the land may proceed under the binding elements of the development plan and will thereafter be treated as a lawfully existing building, and may be renovated or reconstructed under Subsection (a) above.  Such development plans or schematic development plans may be amended as allowed under Division 59-D-1 or 59-H-2 under the provisions of the previous zone; however, any incremental increase in the total floor area beyond that allowed by Subsection (a) above or any incremental increase in building height greater than 15 feet requires, with respect to the incremental increase only, full compliance with the provisions of this Division.  Any failure to fully comply with the binding elements of the development plan will require full compliance with the provisions of this Division.

   (c)   At the option of the owner, any portion of a project subject to an approved development plan or schematic development plan described in Subsection (b) above may be developed under this Division.  The remainder of that project continues to be subject to the approved development plan or schematic development plan under Subsections (a) and (b).

   (d)   A project which has had a preliminary or site plan approved before the application of the CRT, CRN, or CR zone to the property may be built or altered at any time, subject to either the full provisions of the previous zone or this Division, at the option of the owner.  If built under the previous approval, it will then be treated as a conforming building, structure, or use and may be renovated, continued, repaired, or reconstructed under Subsection (a) above.  If built with an incremental increase over the previous approval, only that incremental increase must comply with this Division.

   (e)   A project that had a special exception approved before application of the CRT, CRN, or CR zone to the site may:

      (1)   continue as a lawfully existing use and a lawful structure as long as it fully complies with the terms and conditions of its approval and may be renovated, continued, repaired, or reconstructed; any failure to fully comply with the terms and conditions of the special exception approval will require full compliance with the provisions of this Division;

      (2)   operate under this Division instead of under the special exception, but written notice must be provided to the Board of Appeals that the special exception has been abandoned.

   Any sketch plan, preliminary plan, or site plan approved by the Planning Board under this Division must consider the terms and conditions of the approved special exception.

(Legislative History: Ord. No. 16-44, § 1; Ord. No. 17-09, § 1; Ord. No. 17-18, § 1.)