To encourage redevelopment, continuing property investment, and infill development, it may be necessary to determine site appropriate adjustments to applicable development standards that will allow the development to take place while applying a proportional development standard requirements. This Section identifies the process for determining specific site compliance with a proportionate standard.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Applicability. A request for proportionate compliance is limited to measurable development standards in the following articles:

(1)

Article 8, Parking, Loading, and Access Drives.

(2)

Article 9, Landscaping, Buffering, and Screening.

(b)

Alternative modifications. Where proportionate compliance is not applicable, requests for modifications may be sought through Article 19, Zoning and Subdivision Procedures.

(Ord. No. 751, § 1, 11-13-2019)

Proportionate compliance may be requested for development types in Table 16-5.1 according to the calculation described in Section 16-5-4, below:

(Ord. No. 751, § 1, 11-13-2019)

(a)

Interior changes. Where development changes are wholly internal to the existing structure, only the off-street parking requirements of this Code is applicable. This requirement may be waived by the Zoning Administrator where the applicant can show there is sufficient existing parking to service the interior changes.

(b)

External square footage changes. The development standards in Articles 8 and 9 shall apply to all external structural changes as follows:

(1)

Minimal change. Square footage changes that increase the total gross floor area of a structure by less than ten percent (10%), as determined by the zoning compliance permit application, shall not be required to increase compliance with Articles 8 and 9.

(2)

Proportionate change. Square footage changes that increase the total gross floor area of a structure by more than ten percent (10%) but less than seventy-five percent (75%), as determined by the zoning compliance permit application, shall require a corresponding percent increase in compliance with Articles 8 and 9 or until the site reaches compliance, whichever is less.

(3)

Full compliance. Square footage changes that increase total gross floor area of a structure by seventy-five percent (75%) or greater, as determined by the zoning compliance permit application, shall be required to fully comply with Articles 8 and 9.

(c)

Individual structure. Measurement is based on changes to an individual structure that is subject to improvements, regardless of the total number of structures on the site.

(d)

Ten (10) year timeframe. Any application by property owners to expand or replace part of an existing structure shall remain on record for ten (10) years from the date of work completion. Any subsequent application by the same property owner(s) to expand or replace part of an existing structure shall be cumulative to any requests made within the previous ten (10) years. The total shall be used by the Town to determine the property owner's necessary level of compliance. For example, if a property owner increases the square footage by nine percent (9%) in Year 1 and nine percent (9%) in Year 3, the increase in Year 3 will be calculated as 18 percent (Year 1 + Year 3). If the property owner makes another twenty percent (20%) increase in Year 11, it will include Year 3 and be counted as a twenty-nine percent (29%) increase.

(Ord. No. 751, § 1, 11-13-2019)