[Amended 4-20-2017 by Ord. No. 17-069]
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Commentary: This Part 5 is written in two parts: general
zoning standards, or standards applicable to all uses; and special
use standards, or standards applicable to specific uses. The performance
standards outlined in this Part 5 are applicable to all uses of land
and structures in the City of Augusta, whether affected by conventional
zoning processes or by performance zoning processes.
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General requirement — existing uses.
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Consistent with the purpose of this chapter, the 2007
Comprehensive Plan, as amended, and the provisions regarding nonconforming
uses and structures, any use legally existing as of the effective
date of this chapter which does not meet one or more of the following
performance standards shall, upon application for expansion, change
of use or other modification, excluding minor modifications, be required
to bring into compliance existing nonconforming aspects of the property
under the following conditions:
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a.
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The modification is something other than a minor modification
(as defined below); and
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b.
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The projected cost of the site modification equals or
exceeds $20,000.
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c.
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All performance standards applicable to the expanding
portion of a preexisting use or structure shall be met.
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An applicant shall be required to apply 4% of the projected
cost of modification to the property to eliminate nonconformities.
If less than 4% of the projected cost is needed to eliminate nonconformities,
only that amount needed shall be required. No more than 4% of the
projected cost shall be required to be applied with any one application.
As to the following standards, where maximizing compliance with one
may preclude or limit the extent of compliance with another, maximization
of compliance shall be prioritized in the following descending order:
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1.
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Parking requirements.
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2.
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Driveway and access requirements.
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3.
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Buffer requirements.
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4.
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Other.
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This section shall be construed to require, as applicable,
the development of additional parking facilities, reconfiguration
of driveway or access facilities, the relocation of parking facilities
to meet setback and/or buffering requirements, and the conversion
of parking or other areas to buffer area. It shall be the applicant's
burden to demonstrate that based upon lot size or configuration, the
location, size, orientation or nature of existing buildings or development,
topography or other features of the site, full compliance with the
performance standards is precluded. This section shall not be construed
to require the relocation of legally existing principal or accessory
buildings.
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For purposes of this section, minor modifications include:
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1.
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Expansions of legally existing principal or accessory
buildings by not more than 20% of the floor area of each such building;
or
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2.
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New accessory buildings where the floor area of such
new buildings do not exceed 20% of the floor area of the existing
principal building; or
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3.
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Other site modifications, excluding buildings which
in the aggregate increase the impervious area by 5,000 square feet
or less over the life of the development;
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4.
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Internal renovations of existing buildings; and
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5.
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Normal maintenance and repair;
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6.
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Improvements required to meet ADA requirements.
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Cumulative expansion or construction as outlined in
Items 1 and 2 shall be included in the calculation when determining
whether thresholds are met.
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Nothing in this section shall supplant any requirements
applicable to Shoreland Zones.
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