155.7502. APPLICABILITY
   A.   For purposes of this section, the term "nonconforming site features" includes the following:
      1.   Nonconforming off-street parking;
      2.   Nonconforming landscaping (including perimeter buffers);
      3.   Nonconforming screening;
      4.   Nonconforming landscaping of walls or fences; and
      5.   Nonconforming exterior lighting.
   B.   Nonconforming site features, as provided for in this section, shall be addressed for all two-family and multi-family developments and non-residential development if the following conditions are met:
      1.   The development site contains one or more nonconforming site features identified in subsection A above; and
      2.   An application is filed for a Building Permit for an addition or expansion to a structure or use and the addition or expansion increases the gross square footage of the structure or use area by 15 percent in any continuous five-year period.
   C.   The Development Services Director may develop administrative guidelines to assist in the implementation of this section, including guidelines for the resolution of conflicts when it may not be possible for one or more types of nonconforming site features to be brought into compliance with the requirements of this Code because of particular site constraints or impacts on adjacent properties.
   D.   The provisions in this Part apply in addition to the requirements applicable to certain existing developments as set forth in Section 155.5203.A.2.a, Development Without a Prior Landscape Plan Approved on Record, or Existing Prior to 1974, for landscaping, in Section 155.5301.A.1.b Existing Development Screening Standards, for screening of mechanical equipment, and in Section 155.5301.C.1.b, Existing Multifamily and Nonresidential Development, for screening of dumpsters.
(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2014-16, passed 1-28-14; Am. Ord. 2019-110, passed 9-24-19; Am. Ord. 2020-56, passed 5-26-20)