A. Purpose. The establishment of design standards to implement the downtown plan resulted in the creation of nonconforming lots. This section defines how nonconforming lots are to be updated to meet the Downtown District design standards for street frontage, site design, and landscaping when incremental changes occur.

B. Applicability. This section applies to all nonconforming lots in the Downtown District, with the exception of lots subject to a development agreement or master planned development. It supplements the standards and requirements for nonconformities in Chapter 18A.20 LMC, Article II.

C. Full Compliance. Within any three-year period, the expansion of any structure or complex of structures on a lot, which constitutes 50 percent or more of the existing floor area or building footprint, whichever is less, shall activate the requirement to bring the lot into full compliance with the Downtown District standards for street type, site design, and landscaping.

D. Proportional Compliance. Remodels, alterations, or other improvements to the existing structure activate the requirement to make improvements to the nonconforming lot to reduce the extent of the nonconformity. The degree to which the standards are applied shall be evaluated on a project specific basis and related to the improvement proposed. For example, if new windows are proposed to be installed, the project should address standards related to window transparency and weather protection (if located on a designated street frontage). The Community Development Director shall determine the type, location, and phasing sequence of proposed proportional compliance. [Ord. 726 § 2(Exh. A), 2019; Ord. 695 § 2 (Exh. B), 2018.]