(a) Maintenance of nonconforming landscapes. Nonconforming landscape shall be maintained in good condition pursuant to Section 771.06 of this Chapter, and may continue until such landscape is required to be removed as set forth in this Section.
(b) Alteration and removal of nonconforming landscape.
(1) Nonconforming landscape shall be removed and any subsequent modification or replacement shall conform to all requirements and provisions of this chapter by the owner(s) of the property within thirty days, weather conditions permitting, excluding maintenance pursuant to Section 771.06 of this Chapter:
A. When more than fifty percent of the value of the landscape has been destroyed or has been taken down;
B. When the use, which the nonconforming landscape is accessory to, is vacant for ninety consecutive days and deemed vacant or abandoned, regardless if there is a resumption of use of the property after it has been deemed vacant or abandoned;
C. A nonconforming parking lot perimeter landscaping that is coincident with a Residential District boundary or that is nonconforming in any other way except as may be otherwise exempted in this chapter shall, within five years from the date of the enactment of this chapter, be altered to comply with the provisions of this chapter; and
D. Existing nonconforming landscape, as of the passage of this chapter shall be permitted.
(2) A nonconforming landscape shall not be altered, modified or reconstructed other than to comply with this chapter except that:
A. When the existing use has new ownership or when the space is reoccupied by a similar use and the new occupant requires no site renovation, then the nonconforming landscape shall be maintained pursuant to Section 771.06 of this Chapter.
B. Replacing landscape material may only change an existing landscape pursuant to this subsection. Such alterations shall not require changes to the landscape area, unless such changes conform to this Chapter.
(3) Subject to the provisions of this Section, nonconforming landscape may be repaired and renovated so long as the cost of such work does not exceed within any twelve-month period fifty percent of the value of such landscape.
(Ord. 41-10. Passed 9-26-11.)