A.
Generally.
This Division establishes standards for the development, redevelopment, and substantial improvement of lots and buildings in established neighborhoods.
1.
Neighborhood Conservation Standards.
In the NC subdistricts of NC-R1, NC-R2, NC-R3, NC-R4, and NC-MH, all proposed development of vacant lots, redevelopment of existing buildings, or expansion of existing buildings, shall comply with Section 3.202, Neighborhood Conservation Standards.
2.
Alternative Neighborhood Conservation District Standards.
In the NC subdistricts of NC-R1, NC-R2, NC-R3, NC-R4, and NC-MH, alternative standards (see Section 3.203, Alternative Neighborhood Conservation Standards) are provided for the expansion or reconfiguration of existing buildings when the expansion or reconfiguration cannot comply with the general development standards set out in Section 3.202, Neighborhood Conservation Standards.
3.
Alternate Neighborhood Transition District Standards.
In the NT subdistrict of NT-R5 and NT-R6, standards are provided which allow the aggregation of lots as a means to allow a different form of development or redevelopment than what was traditionally allowed.
B.
Conforming Buildings and Lots.
1.
Buildings.
All buildings that lawfully existed or were the subject of an active building permit on the effective date of this UDC are “conforming” buildings with respect to the height and setback requirements set out in this Division if they are located in the NC-R1, NC-R2, NC-R3, NC-R4, NC-MH, NT-R5, or NT-R6 subdistricts. However, this Section does not make the following buildings conforming:
2.
Lots.
All lots that lawfully existed on the effective date of this UDC are “conforming” with respect to lot width and lot area if they are located in the NC-R1, NC-R2, NC-R3, NC-R4, NC-MH, NT-R5, or NT-R6 subdistricts. The lot width and lot area requirements of Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, or Table 3.204A, Lot and Building Standards for NT-R5, or Table 3.204B, Lot and Building Standards for NT-R6 Lots, apply only to the subdivision or combination of existing lots or parcels within these districts after the effective date of this UDC. However, this Section does not make originally platted conforming lots, later split by a metes and bounds description, into a nonconforming lot.
C.
Nonresidential Uses.
1.
All lawfully permitted nonresidential uses may be continued provided that they were constructed in conformance with the original permit or conditional use permit and the development regulations at the time of permitting.
2.
Expansions to existing nonresidential uses shall be in conformance with the original permit or conditional use permit and the development regulations at the time of permitting. If an expansion was not considered during the initial grant of approval, the expansion shall comply with subsection C.3., below.
3.
Substantial improvement, redevelopment, and new nonresidential development, shall comply with all applicable provisions of this UDC, including those set out in Part 1, Zoning Districts and Land Uses, Division 2.200, Limited and Conditional Use Standards, Division 3.300, Nonresidential and Mixed-Use Lot and Scale Standards, Article 11, Supplemental Standards, applicable sections of Part 3, Site Design, among other applicable sections of this UDC.
D.
Relationship to Variances.
Compliance with the standards of this Division are not considered variances. Variances shall not be granted to allow encroachments if the encroachments could be permitted pursuant to the general or alternative standards of this Division.
(Ordinance 2015-30 adopted 10/30/15)








