Loading...
7.4.1.   Applicability
   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)
7.4.2.   Changes of Use
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)
7.4.3.   Determination of Cost and Assessed Value
   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)
7.4.4.   Expansion of Buildings or Structures
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)
7.4.5.   Physically Constrained Properties - Comply to Maximum Extent Practicable
Lands that are physically constrained due to limited size, topography, or other environmental considerations may seek a reduction to these standards in accordance with Section 2.2.1, Administrative Adjustment, or Section 2.2.21, Variance.
(Ord. 2020-36, passed 12-2-2019)
7.5.   NONCONFORMING STRUCTURES
   7.5.1   Applicability
Nonconforming principal and accessory structures shall be subject to the standards in this section.
(Ord. 2020-36, passed 12-2-2019)
7.5.2.   Continuation and Replacement
   A.   Continuation. A nonconforming structure may be continued in accordance with Section 7.1.3, Continuation, Minor Repairs, and Maintenance Allowed.
   B.   Replacement.
      1.   Nonconforming manufactured or mobile homes may be replaced in accordance with the standards in Section 7.6.3.B, Manufactured or Mobile Homes.
      2.   Nothing shall limit activities that increase habitable space of a nonconforming residential structure to a height above the regulatory flood elevation.
   C.   Relocation. A nonconforming structure shall not be moved, in whole or in part, to another location on the parcel of land on which it is located, unless the relocation removes the nonconformity.
(Ord. 2020-36, passed 12-2-2019)
Loading...