Chapter 18.535
NONCONFORMING PHYSICAL IMPROVEMENTS/PROPERTY UPGRADES
Sections:
18.535.030 Nonconforming physical improvements.
18.535.010 Purpose.
A. This chapter provides regulations aimed at reducing and/or eliminating nonconforming property improvements for nonresidential development in order to upgrade the appearance and function for the betterment of the community.
B. It is the intent of the city to promote property upgrades that are proportionate in value of other improvements being made, but not to require extensive changes that would be impractical or cost prohibitive. [Ord. 12-4. DC 2012 § 122-1344].
18.535.020 Applicability.
This chapter applies to physical improvements on a nonresidential property that were constructed prior to adoption of this development code and/or the city’s adopted design guidelines and do not conform to Division II, Division III, Division IV or Division V of this title and/or the city’s adopted design guidelines. Exceptions include:
A. A parking lot which provides fewer parking spaces than is required for the use(s) it supports shall not be deemed a nonconforming physical improvement solely because of the lack of sufficient off-street parking and loading facilities required by this development code.
B. A structure shall be deemed a nonconforming physical improvement if it does not comply with the development standards within Division II of this title but not other divisions of this title or the city’s adopted design guidelines. [Ord. 12-4. DC 2012 § 122-1345].
18.535.030 Nonconforming physical improvements.
A nonresidential development with nonconforming physical improvements may continue to exist, including a change of and/or new occupancies as allowed by Division II of this title, and transfers of ownership; provided, that their continuation shall comply with the requirements of this section.
A. Property Changes. Nonresidential developments with nonconforming physical improvements may be expanded, enlarged, repaired and improved, if the proposed changes reduce the degree or eliminate the nonconforming physical improvement as determined by the planning division.
B. Property Upgrades. Nonresidential developments with nonconforming physical improvements must be upgraded to reduce and/or eliminate the nonconforming physical improvements as follows:
1. Activities Triggering Upgrades. The activities listed in the table below trigger property upgrades listed in priority order.
|
Activity |
Facade Improvements(1) |
Trash and Recycling Enclosure(2) |
Landscaping(3) |
Signage(4) |
Parking Lot Lighting(5) |
Parking Layout and Design(6) |
|---|---|---|---|---|---|---|
|
Construct new building(s) |
X |
X |
X |
X |
X |
X |
|
Construct or alter building that increases the size by 25 percent or more |
X |
X |
X |
X |
X |
X |
|
Expand use within existing structure such that occupancy is 25 percent or more |
X |
X |
X |
X |
|
|
|
Change of use that requires more parking (retenanting) |
X |
X |
X |
|
X |
|
|
Repave or resurface parking lot |
|
|
X |
|
|
X |
|
|
|
X |
X |
|
|
|
|
Replace or add building signage for single tenant in multi-tenant building |
|
|
X |
X |
|
|
|
Reface existing ground sign |
|
|
X |
X |
|
|
|
Add new signage (other than building signage) |
|
|
X |
X |
|
|
|
Expand use of site (i.e., outdoor storage or sales) |
|
X |
X |
|
|
|
2. Determination of Property Upgrades. The applicant shall demonstrate how the design of the proposed activity and associated upgrades will reduce or eliminate the nonconforming physical improvements with particular attention being paid to those upgrades that have been designated with the highest priority. If site conditions are such that the highest priority upgrades are not feasible due to the associated cost or extent of changes that would be needed, lower priority upgrades may be substituted.
3. Review and Decision. The planning manager, or his/her designee, shall review the proposed activity and associated upgrades in conjunction with the relevant permit process as set forth in Division VII of this title, and make a decision as to which property upgrades shall be incorporated into the associated conditions of approval. [Ord. 12-4. DC 2012 § 122-1346].