2010 - 11-15-2010 Regular Meeting

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VOK 23 fiat 805 (c) Substantial Additions /Expansions shall be defined as proposed additions that equate to 50% or more of total GFA of a site. Construction of a "Substantial Addition /Expansion' shall require compliance with the full design and dimensional requirements of the UDO. 3.2.3.3.2 Required improvements for additions or expansion to existing structures as identified in this § 3.2.3.2 shall be applied to the portion of a development site where the addition is being constructed. The area to be included for improvements shall be determined by the Administrator. 3.2.3.3.3 In situations where compliance with Section 3.2.3.3.1 of this Ordinance could only be achieved through the removal of an existing building space, the Administrator shall have the authority to reduce or eliminate these requirements where (and only where) such requirements are in conflict with an existing building(s). Section 2. That Article Three, Zoning and Permitting Procedures, Subsection 3.2.3.4 "Changes of Use ", be rewritten as follows: 3.2.3.4 CHANGES OF USE 3.2.3.4.1 A Change of Use shall require a Zoning Compliance Permit only when the change of use would otherwise require a building permit. A "Change of Use" shall be further defined as "a change from one principal use of a building or land to another principal use of the building or land whether or not there is an increase in the size of the existing building or extent of the use of land'. Furthermore, for the purposes of zoning, a change of use shall be determined based on the more broad land use groupings of Table 4.6 -1 of this UDO (i.e. "Institutional and Civic" vs. "Retail Trade "). If it is determined that no change of use has occurred, no design standards of this UDO shall be required. 3.2.3.4.2 if it is determined that a change of use has occurred, the Administrator must then determine what design standards should apply. (a) Minor Change of Use. This group includes the following: • a change of use has occurred, but no additional parking is required • a change of use has occurred and additional parking is required but is less than 10 total spaces When a Minor Change of Use is determined, no additional UDO design or dimensional standards shall be applied except that: • uses abutting single- family residential developed properties must provide a Buffer (screening) Yard as set forth in Section 7.5 of this Ordinance. • off - street parking areas that will be used for the new land use shall be paved in accordance with Section 8.2.6.1 • if fronting on a corridor as defined in Section 10.7 of the UDO, the building(s) shall be retrofitted to conform to all design standards of that section • all outdoor solid waste disposal areas shall be screened in accordance with Section 10.1 of the UDO (b) Major Change of Use. For a change of use that provides 10 or more additional total parking spaces, the following UDO site improvements shall be required: