§ 118-1403. Applicability.

(1)

The standards and regulations set forth in this article, in addition to existing land development regulations provided for in the Code, shall be the minimum standards and regulations for parcels, buildings, structures and/or improvements within the commercial corridor which undergo new development or substantial modification after the effective date of this article. It is the express intent of this article that, except as provided in section 118-1431, the standards and regulations provided in this article shall not apply to existing developed parcels, or buildings, structures or improvements existing as of the effective date of this article unless and until such time as said parcels, buildings, structures and/or improvements undergo a substantial modification or new development occurs.

(2)

Existing buildings or uses. The site requirements of the West State Road 50 Overlay shall not apply to any modification, alteration, renovation or refurbishment of an existing building or use provided that: (1) such reconstruction is necessitated due to an Act of God; (2) such reconstruction is substantially similar to such building or accessory structure, or portions thereof, which was damaged or destroyed by an Act of God; and (3) such reconstruction does not cause nonconformity with the provisions of this article or increase its size, height, or other physical characteristics or intensity of the site when compared to the building or accessory structure, or portions thereof, which was destroyed or damaged by an Act of God. Any such modification, alteration, renovation or refurbishment shall, however, remain subject to the architectural requirements of the overlay of a building or accessory structure, or portions thereof, legally existing and lawfully conforming with the Code as of the effective date of this article.

(3)

Annexation of commercial property. For the purposes of this article, the existing physical condition of properties annexed into the city after the date of this article shall be treated as if such physical condition existed on the effective date of this article.

(Ord. No. 03-30, § 2, 9-17-03; Ord. No. 10-08, § 2(Exh. A), 7-8-10)