(a)

Generally. A use that is permitted by article II, division 2, land use, or that meets all applicable limited use standards (in the case of a limited use) or conditional use standards (in the case of a conditional use), may be established, continued, maintained, modified, enlarged, or extended, even if other nonconformities are present on the subject property, such as:

(1)

The use is located on a nonconforming lot;

(2)

The use occupies a nonconforming building;

(3)

The use occupies or otherwise utilizes a nonconforming structure;

(4)

The use is located on a lot with nonconforming landscaping or buffering;

(5)

The use utilizes a nonconforming sign;

(6)

The use is illuminated by nonconforming lighting; or

(7)

The use has nonconforming parking.

(b)

No implied waivers. The authorization in subsection (a), above, shall not be construed as a waiver of the requirements of division 3 of this article, or this division with respect to the nonconformities that are present on the subject property. Modifications to buildings, structures, landscaping and buffering, signage, lighting, or parking may require correction or partial correction of nonconforming situations, as provided in this article.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Building expansions, parking lot improvements, and expansions of existing uses. If an existing building, parking lot, or use is expanded or improved, additional landscaping and buffering is required only with respect to the new area of the building or use, or the new or modified area of the parking lot.

(b)

Change of use. Modifications to nonconforming landscaping or buffering are not required if the use of a building changes from one (1) use to another without further changes to the subject property or the exterior of the building, unless:

(1)

A change of use requires additional parking, in which case the parking that is provided to meet that requirement must also comply with the standards in article V, division 3, landscaping.

(2)

A change of use requires limited or conditional use approval, in which case the conditions for approval may include requirements for additional landscaping or buffering upgrades.

(c)

Redevelopment. If an existing property is redeveloped, landscaping and buffering shall be provided as required by article V, division 3, and any applicable limited or conditional use standards.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Continuance. A nonconforming sign may be continued and maintained in reasonable repair, but shall not be altered.

(b)

Historic signs. Historic signs shall not be considered nonconforming signs, and may be rehabilitated or altered in accordance with the preservation brief published by the U.S. Department of the Interior, "The Preservation of Historic Signs," copies of which are available through the department of public works.

(c)

Discontinuance. The right to maintain a nonconforming sign shall terminate immediately if:

(1)

The sign is abandoned;

(2)

The owner of the subject property commits any violation of this article, with respect to such nonconforming sign;

(3)

The sign is damaged, from any cause whatsoever, and the cost of repairing such damage exceeds fifty (50) percent of the replacement cost of such sign on the date of such damage or destruction; or

(4)

The sign is obsolete.

(d)

Removal of obsolete or abandoned nonconforming signs. When the right to maintain a nonconforming sign has been terminated, the process of rehabilitation or, in the alternative, removal shall be as set forth in section 21-4-705(d).

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 5-2020, § 10, 3-4-20)

(a)

Residential uses. Nonconforming outdoor lighting for residential uses shall be brought into conformance when:

(1)

An existing building is expanded or improved, all new or relocated lighting shall be required to meet the provisions of article V, division 4, Lighting.

(2)

All existing lighting shall be brought into compliance with this UDC when:

a.

A building is expanded such that its floor area grows by twenty (20) percent or more;

b.

The value of proposed new, expanded, or upgraded buildings or improvements (collectively "new construction") on the subject property exceeds the value of the buildings and improvements on the subject property before the new construction.

(b)

Nonresidential, multifamily, and vertically-mixed uses. Nonconforming outdoor lighting for nonresidential, multifamily, and vertically-mixed uses shall be brought into conformance when:

(1)

A building, parking lot, or use is expanded such that its floor area grows by ten (10) percent or more;

(2)

The value of proposed new, expanded, or upgraded buildings or improvements (collectively "new construction") on the subject property exceeds fifty (50) percent of the value of the buildings and improvements on the subject property before the new construction.

(c)

Change of use. Modifications to nonconforming lighting are not required if the use of a building changes from one (1) use to another without further changes to the site or the exterior of the building, unless:

(1)

A change of use requires additional parking, in which case the parking that is provided to meet that requirement must also comply with the standards in div. 5-4, Lighting.

(2)

A change of use requires limited or conditional use approval, in which case the conditions for approval may include requirements for additional lighting upgrades.

(d)

Redevelopment. If the subject property is redeveloped, lighting shall be provided as required by div. 5-4, Lighting.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 27-2024, § 6, 11-6-24)

(a)

Building expansions and expansions of existing uses. If an existing building or use is expanded, additional parking is required only in proportion to the new area of the building or use.

(b)

Change of use. If the use of a building changes, resulting in a net additional demand for parking, then the number of new parking spaces that are required shall be calculated as the lesser of:

(1)

The required parking for the new use according to div. 5-2, parking and loading; or

(2)

(Number of existing parking spaces) + ((number of parking spaces required for the new use) - (number of parking spaces required for the existing use))

(c)

Redevelopment. If an existing building is redeveloped, parking shall be brought into conformity with this UDC.

(Ord. No. 33-2017, § 1, 12-6-17)

If a subject property contains more dwelling units than are allowed by the zone in which the subject property is located, the building or buildings may be expanded or extended as may be allowed by this UDC, but the physical aspects of such expansions or extensions shall be in compliance with this UDC, and no new dwelling units shall be created.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. In any zone in which single-family dwellings are permitted, a single-family residence and customary accessory buildings may be erected on any single lot of record that exists on the effective date of this UDC. Such a lot must have been in separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the zone in which it is located for area, or width, or both, provided that the requirement of the zone for minimum yard dimensions shall be met unless a variance to the requirements has been granted by the zoning board of adjustment.

(b)

Combination required. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record on the effective date, and part, or all of the lots do not meet the requirements of the zone in which they are located as to minimum area or frontage or both, the lands shall be considered for the purpose of this chapter to be an undivided parcel, and no portion of the parcel shall be sold or used in a manner that diminishes compliance with lot width and area requirements established by this UDC.

(Ord. No. 33-2017, § 1, 12-6-17)