NONCONFORMING SITE ELEMENTS
2004 NONCONFORMING SITE ELEMENTS
A. Definition A nonconforming site element is a site development element, such as landscaping, fences or walls, lighting, parking, and site paving, that at one time conformed to the requirements of this Ordinance, but because of subsequent amendments, has been made nonconforming.
B. Maintenance Normal maintenance and incidental repair to a nonconforming site element may be performed. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.
C. Required Conformance
1. All nonconforming site elements shall be brought into conformance when the following occurs: a. A new principal structure is constructed.
b. The total area of building footprint, including principal and accessory structures, is increased by 30% or more.
c. An existing parking lot of 10 or more spaces is fully reconstructed or repaved or an existing parking lot area is expanded by 50%. Resealing or re-striping of an existing parking lot, which does not entail paving, resurfacing, or replacement of the asphalt, concrete, or other surface paving material, is not considered reconstruction.
2. When 50% or more of the length of a fence or wall is reconstructed along any one lot line, all fences or walls on the site shall be brought into conformance.
3. When 25% or more of exterior lighting fixtures are replaced, all exterior lighting on the site shall be brought into conformance.
4. Landscaping shall be brought into conformance when any of the following development activities occur. The limits of disturbance is defined as the boundary within which all construction, grading, paving or repaving, landscaping, and related activities occur.
a. Full conformance is required for the entire development or area within the limits of disturbance, whichever is less.
b. If the area within the limits of disturbance equals more than 50% of the area of the lot or lots being developed, the entire development shall conform.
b. No development or tree cutting may result in a loss of trees and landscaping below what is required by this Ordinance.
5. For new construction of accessory structure(s) exceeding 100 sf of building footprint or when an accessory structure is converted to living space, all site elements in the yard(s) where the construction or conversion takes place shall be brought into conformance.