Sec. 656.399.57. - Applicability.

A. Unless otherwise stated in this Subpart, when the regulations of this Zoning Overlay impose a different restriction upon the use of buildings or land, or upon the height of buildings, or require other conditions than are imposed or required by other ordinances, other than those ordinances approving Planned Unit Development (PUD) adopted prior to this Subpart, the provisions of this Subpart shall control. Additionally, the parking requirements of this Zoning Overlay shall supersede any conflicting parking requirements set forth in Part 6 of the Zoning Code. It is intended that this Subpart shall be applied to support the RA/CRA designation and characteristics of the Redevelopment/Zoning Overlay Area and to guide development and redevelopment to support the goals and objectives contained in the Comprehensive Plan and the RA/CRA Redevelopment Plan. B. When a Lot extends beyond the boundaries of the Overlay Area as described, the entire Lot will be subject to the regulations of this Subpart. If a property within the Overlay Area is aggregated with a property outside the boundaries of the Overlay Area, the entire aggregated Lot will be subject to the regulations set forth in this Subpart. The term "aggregation" means the zoning doctrine of merging separate and adjoining lots for purposes of determining and applying zoning requirements and/or building parameters. C. Rezoning amendments to PUD zoning districts are permitted so long as the PUD zoning district does not circumvent the regulations contained within this Subpart. D. Regulations of this Zoning Overlay are not applicable to RLD zoning districts or RMD-A zoning districts. E. Single family residential uses not located in any RLD or RMD-A zoning district which are legally non-conforming on July 1, 2019 may be continued; provided, however, that: 1. The structure of the non-conforming use shall not be enlarged, extended, reconstructed, moved or structurally altered except to change the use of the structure to a use permitted in the district. It shall not be divided nor shall a structure be added on the premises except for purposes and in a manner conforming to the regulations for the district in which these structures and premises are located and in compliance with this Subpart. 2. Where a non-conforming use is superseded by a permitted use, a structure or structures and premises in combination shall thereafter conform to the regulations for the district in which the structure is located and for this Subpart. The non-conforming residential use shall not thereafter be resumed and no other non-conforming use shall be permitted. 3. Except where governmental action impedes or denies access or governmental action requires upgrading of the premises, if the non-conforming residential use ceases for any reason for a period of 12 consecutive months, a subsequent use shall conform to the regulations of the district in which the use is located and this Subpart. F. Unless otherwise specified in this Subpart, non-conforming High Intensity Uses, as described in subsection 656.399.60 , that are located within any Character Area shall bring their existing non-conforming development characteristics such as, but not necessarily limited to, site layout; building form and finish materials; building location; parking; lighting; walkways; and screening for non-residential and multi-family uses into compliance upon either: 1. Reoccupation of the structure when such use ceases for more than six months; or 2. A Major Renovation, as that term is defined in this Subpart. G. Unless otherwise specified in this Subpart, all non-conforming uses other than High Intensity Uses that are located in any Character Area, shall bring their existing non-conforming development characteristics such as, but not necessarily limited to, parking; lighting; walkways; and screening for non-residential and multi-family uses, into compliance upon either: 1. Reoccupation of the structure when such use ceases for more than six months; or 2. A Major Renovation, as that term is defined in this Subpart. H. Mandatory Compliance elements and deadline. Three elements of site improvements (Fencing, Landscaping/Landscape Buffers, and Signage) make up the "Mandatory Compliance elements." These elements are required to conform to this Zoning Overlay by April 28, 2025. This Mandatory Compliance is required regardless of whether the thresholds listed in subsection F or G above have been met, and is required for all Character Areas. (Ord. 2019-239-E , § 1; Ord. 2019-879-E , § 1; Ord. 2024-699-E , § 1)