§ 118-1639. Applicability of design and development standards.

The design and development standards for parcels within each overlay district established under this article shall govern new development and redevelopment of parcels of land within the overlay districts. Nothing in this article is intended to amend or supersede the non-conforming use and structure provisions of this chapter. Uses, buildings and structures legally permitted and existing as of the adoption of this article are not required to come into compliance with article unless and until the property upon which such are in use or constructed is redeveloped. To the extent the overlay district design and development standards of this article do not speak to an issue governed by other provisions of this chapter, the other provisions of this chapter still apply. Except for the accessory uses described in sections 118-1645 and 118-1646 desired for new development or redevelopment, all underlying permitted uses, special exception uses and prohibited uses for the underlying zoning district assigned shall remain in full force and effect for each lot and parcel within the character area. For the purposes of this article, a "redevelopment" occurs when: (i) an existing principal structure is or is proposed to be demolished and replaced with a new structure, or (ii) the existing principal structure loses or would lose its legally non-conforming status under this chapter due to the construction or development proposed. In the event of a conflict between this article and other provisions of this chapter, the provisions of this article shall control to the extent of the conflict.

(Ord. No. 17-06, § 2(Exh. A), 6-22-17)