§ 89-101. Nonconforming site improvements.

(a)

Applicability. A "nonconforming site improvement" means a lawfully established development that does not conform to the building design, infrastructure, landscaping, parking, site design, or other regulations of article 2, 3 or 5 that would otherwise apply. Examples of nonconforming site improvements include:

• Landscaping (or lack of landscaping) that does not conform to the landscape area, location, or planting requirements.

• Parking spaces, drive aisles, and loading areas that do not conform to the requirements of article 3 in terms of their number or dimensions.

(b)

Generally. On lots with nonconforming site improvements, no additions to, or repairs or alterations of any structure or site improvement are allowed unless:

(1)

The nonconforming site improvements are brought into complete conformity with the regulations applicable to the area or zoning district, or

(2)

The administrator approves the activity as provided in subsection (c) below.

(c)

Approved nonconforming site improvements. Administrator may approve additions, repairs or alterations to any structure or site improvement on a lot with a nonconforming site improvement if:

(1)

The nonconforming site improvement(s) will be the only nonconforming site improvements pertaining to the property.

(2)

Compliance with the site improvement requirements applicable to the zoning district in which the property is located is not reasonably possible. Mere financial hardship does not constitute grounds for finding that compliance with the site improvement requirements is not reasonably possible.

(3)

The property can be developed as proposed without any significant adverse impact on surrounding properties or the public health or safety.

(4)

The owner has committed to other site design measures to reduce the negative impacts associated with the nonconformity.

(Ord. No. O-252-2015, § 4, 11-17-15; Ord. No. O-112-2017, § 2(mm), 6-20-17)