Laserfiche WebLink
Section 21-03.11 <br />General Regulations for Commercial / Mized Use Districts <br />(~ Additional Development Standards. <br />(1) Additions Along a Legally Established Nonconforming Setback. <br />The minimum front yard, minimum side yard or minimum rear yard for any <br />legally established nonconforming building having a setback which is less than <br />that which is required by this Ordinance shall be allowed to expand one (1) or <br />more times along such legally established nonconforming setback provided the <br />applicant can demonstrate that: <br />(A) all other applicable development standards, except the one (1) legally <br />established nonconforming building setback to be expanded upon, are in <br />compliance with the requirements of the district; <br />(B) a minimum of two (2) of the other applicable development standards will <br />be brought into compliance with the requirements of the district; or, <br />(C) a minimum of four (4) of the other applicable development standards will <br />be reduced as to their extent ofnon-conformity by the maximum extent <br />feasible given site constraints and such that, in the determination of the <br />Zoning Administrator, conditions on the lot will be improved. <br />For the purposes of this sub-Section, other applicable development standards shall <br />include the following sub-Sections of each district: Use of Minimum Yards and <br />Residential Bufferyards; Maximum Building Height; Landscaping; Lighting; <br />Signs; Parking; Loading; Greenway Conneciton; and, Outdoor Operations. <br />The provisions of this sub-Section shall not be applicable to any lot which <br />includes a side residential bufferyard or a rear residential bufferyard (i.e., abuts a <br />residential district on along a side lot line or a rear lot line). <br />(2) Additional Front Setback Provisions. <br />(A) Public Streets <br />In the case where the thoroughfare plan does not include a proposed <br />right-of--way, or where the existing right-of--way is greater than the <br />proposed right-of--way, the existing right-of=way line shall be used for <br />setback measurement. <br />11 <br />Ord. No.: 9495-04 <br />