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A. Removal. Any nonconforming sign that is removed for any reason shall only be replaced with a sign that complies with the provisions of this Ordinance.
B. Damage.
1. If damage to a nonconforming sign from any cause is less than 50 percent of its replacement value, the sign may be rebuilt or repaired to its original condition in its original location and may continue to be displayed.
2. If damage from any cause to a nonconforming sign equals or exceeds 50 percent of its replacement value, the nonconforming sign, including sign supports and mounting hardware, may only be replaced with a sign that complies with the provisions of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
A. Discontinued for less than 180 Days. If the business activity on the premises where a nonconforming sign is located is discontinued for a continuous period of less than 180 days, then the nonconforming sign may remain.
B. Discontinued for 180 Days or More.
1. If the business activity on the premises where a nonconforming sign is located is discontinued for a continuous period of 180 days or more, then the nonconforming sign must be removed or replaced by a sign conforming to the standards of this Ordinance within 30 days of notice by the Planning Director.
2. In cases where the sign is nonconforming due to its height, face area, or location, then the sign, including the sign supports, shall be modified or removed as necessary in order to conform with the applicable requirements of this Ordinance.
3. No nonconforming portion of a sign or portion of a sign that would result in replacement sign face area that is nonconforming shall be retained following discontinuance.
(Ord. 2020-36, passed 12-2-2019)
A. For purposes of this section, the term "nonconforming site features" includes the following:
1. Nonconforming off-street parking;
2. Nonconforming landscaping;
3. Nonconforming screening;
4. Nonconforming walls or fences; and
5. Nonconforming exterior lighting.
B. If an application is filed for a building permit (including mechanical, electrical, HVAC, or other typical permit) for the expansion of a structure and the development site contains one or more nonconforming site features, and the value of the proposed improvements totals at least 25 percent of the assessed value of the existing structure, the applicant shall be required to address the nonconforming site feature as provided in this section.
C. Town staff 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 Ordinance because of particular site constraints or impacts on adjacent sites.
(Ord. 2020-36, passed 12-2-2019)
Changes in use shall comply with the following requirements:
A. In cases where an existing use is replaced by another use type of the same or lesser intensity (as measured by number of vehicular trips generated, hours of operation, number of on-site visitors, or other metric as determined by the Planning Director), then compliance with site features requirements shall be in accordance with the standards in Section 7.4.4, Expansion of Buildings or Structures.
B. In cases where an existing use is replaced by a more intense use type (as measured by number of vehicular trips generated, hours of operation, number of on-site visitors, or other metric as determined by the Planning Director) full compliance with all applicable provisions in this Ordinance is required.
(Ord. 2020-36, passed 12-2-2019)
A. For purposes of determining if upgrading of nonconforming site features is required by this subsection, the cost of the expansion shall be as shown on the approved building permit application.
B. Assessed value shall be based on the most recently available tax records from the county where the development is located.
(Ord. 2020-36, passed 12-2-2019)
If a building permit is required for expansion of the building or structure, the expansion shall require correction of existing on-site nonconforming off-street parking, landscaping, screening, wall or fencing, and exterior lighting in accordance with this section.
A. 25 Percent or less of Structure Value. Expansions in any continuous one-year period that costs 25 percent or less of the current assessed value of the structure shall not require any correction to nonconforming site aspects.
B. More than 25 Percent but less than 75 Percent of Structure Value. Expansions in any continuous one-year period that costs more than 25 percent but less than 75 percent of the current assessed value of the structure shall require that a corresponding percentage of the off-street parking, landscaping, screening, wall or fencing, and exterior lighting standards of this Ordinance be installed or upgraded on the site, until the site achieves 100 percent compliance. Example: A hypothetical building is required to provide at least 40 off-street parking spaces, but the building site only includes 20 spaces. If the building is remodeled such that the cost of remodeling equals 30 percent of the building's assessed value, the remodeling project must add 12 parking spaces (30% x 40 required spaces). This increases the development's degree of compliance with off-street parking standards from 50 percent (20 of 40 required spaces) to 80 percent (32 of 40 required spaces).
C. 75 Percent or More of Structure Value. Expansion projects that cost 75 percent or more of the current assessed value of the structure shall require 100 percent compliance with the off-street parking, landscaping, screening, wall or fencing, and exterior lighting standards of this Ordinance.
D. Two or Fewer Additional Parking Spaces. When two or fewer additional off-street parking spaces are required under this subsection as a result of an expansion project, such additional off-street parking is not required to be installed, but the applicant may install a comparable number of bicycle parking spaces.
E. Addition of Outdoor Storage Area Only. When only outdoor operations/storage/display areas are being added or increased on a site, the percentage increase in outdoor operations area shall require a corresponding percentage increase in perimeter buffers and screening. Perimeter buffer and screening augmentation shall be located so as to achieve the performance objectives in Section 5.6, Landscaping, with priority given to screening the impacts of outdoor operations.
(Ord. 2020-36, passed 12-2-2019)
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