(A) Generally. Characteristics of a land use, such as lighting, off-street parking, buffering, signs, or other regulations pertaining to the use of land that were not in existence at the time of the adoption or amendment of this title shall be considered a nonconforming characteristic of use. No nonconforming characteristic of use shall be required to comply with the provisions of this title unless a land use change, or the (re)construction and/or expansion of a structure increases the nonconformity of the characteristic.
(B) Nonconforming signs.
(1) Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter and in Chapter 153 shall be considered nonconforming. Advertising signs which become nonconforming uses shall be removed within three years after the effective date of this chapter or otherwise be relocated to comply with all the provisions of this chapter and of Chapter 153.
(2) Business signs on the premises of a nonconforming structure or use may be continued but such signs shall not expand in area, height or illumination. New signs not to exceed 35 square feet in aggregate sign area may be erected only upon the complete removal of all other signs existing at the time of the adoption of this chapter. Such new signs may be illuminated but no flashing, rotating or moving sign shall be permitted.
(3) No sign erected before the passage of this chapter shall be rebuilt, altered or moved to a new location without being brought into compliance with the requirements of this chapter and of Chapter 153.
(C) Off-street parking. The purpose of this section shall be to reduce the requirements for off-street parking and loading when development occurs on parcels of land which are lawfully nonconforming as described in §§ 155.200 through 155.206. For the purpose of this section, development shall be defined as a change in use which increases the nonconformity of this section and/or the (re)construction and/or expansion of a structure.
(1) Applicability. This section shall not be applicable to any parcel of land which is in violation of § 155.042. Parcels of land which are lawfully nonconforming as described in §§ 155.200 through 155.206 shall not be considered to be in violation.
(2) Number required. To fulfill the purpose of this section, the number of required off-street parking and loading stalls shall be equal to the number of stalls existing immediately prior to the proposed development, plus 50% of the parking deficiency existing at the time of the proposed development, plus the number of stalls required by the new development.
(a) As used in this section, the parking deficiency shall mean the number of off-street parking and loading stalls required by Table 2 less the number of stalls currently provided.
(b) In cases where the use is vacant at the time of development, the calculation of the existing parking deficiency shall be based on the most recent non-vacant use.
(c) In no event shall the number of parking and loading stalls required under this section exceed the parking requirement as indicated by Table 2.
('69 Code, § 7-27.05) (Ord. 610, eff. 8-27-79; Am. Ord. 942, passed 10-14-02) Penalty, see § 155.999