§ 7.4. Nonconforming features.

7.4.1. Definition.

A nonconforming feature is a physical feature or characteristic of a use, building, structure or other development of land that was lawfully established (or for which a vested right had been established) prior to the effective date of this appendix or a subsequent amendment thereto, but does not conform to the intensity regulations of article 3 or the design standards of article 5 applicable to such use, building, structure, or development of land. Nonconforming features include, but are not limited to, physical features and characteristics of development that exceed allowable maximum standards (floor area, height), and those that lack or fall short of required minimum standards (impervious surface, recreation space, setback, building spacing, access and circulation arrangement and design, sight line triangle, off-street parking and loading spaces and design, water supply and sewage disposal arrangement and design, utility design, refuse storage and collection facilities and design, buffer width and landscaping design, screening height and design, landscaping maintenance, outdoor lighting design). (Ord. No. 2004-02-23/O-2)

7.4.2. Regulations.

Nonconforming features may be continued subject to the following limitations:

(a)

No action shall be taken which increases the degree or extent of the nonconforming feature. Any enlargement, extension or structural alteration shall conform to all current requirements of this article.

(b)

For development existing (or for which a vested right had been established) prior to the effective date of current regulations, nonconforming features created by a change in regulations may continue to exist, and structures with such nonconforming features may be reconstructed if demolished or destroyed.

7.4.3. Discontinuance.

Any sign having a nonconforming feature shall be either eliminated or made to conform with the provisions of this appendix when any substantial alteration to the sign is proposed. (Ord. No. 2004-02-23/O-2)