9708.5. - Existing outdoor storage and display and other uses.

Notwithstanding the provisions of section 9703, any outdoor storage or display or other uses expressly prohibited by section 9542.1.A and 9553.1.A.6 but lawfully existing on March 3, 1987 may continue as a legal, conforming use under this article provided that a permit authorizing such use is granted by the department of planning and community development no later than July 1, 1990. No permit shall be granted unless adequate evidence is submitted to the department showing that the outdoor display and other expressly prohibited uses were lawfully in existence on March 3, 1987. Any permits issued pursuant to this section shall be conditioned to comply with the following:

A.

Landscaping, walls or fencing is provided in a manner approved by the department, where physically feasible, to screen the outdoor storage or display and other expressly prohibited uses from view from abutting public streets. Walls should only be required where they are truly effective. Landscaping in areas or walls, fencing or combination thereof where it would be effective is the preferred alternative. If landscaping is used for screening then the plants or trees used shall satisfactorily screen the prohibited uses within four (4) years of the issuing of the permit by the department. Screening or treatment may be required on more than one (1) side of the property. These improvements shall be maintained in a condition satisfactory to the department for as long as the prohibited uses exist.

B.

Notwithstanding the provisions of subsection A above, the height of any outdoor storage or display located on not more than forty (40) percent of the gross lot area shall not exceed twice the height of the adjacent landscaping, wall, or fence, except that standard metal storage containers may be stacked two (2) high, not to exceed twenty (20) feet.

C.

On-site parking and loading areas shall be provided in the manner approved by the department to the extent physically feasible.

D.

Any on-site drainage problems or deficiencies shall be corrected to the extent feasible, to the satisfaction of the director of public works.

E.

All signs installed contrary to applicable law at the time of installation shall be removed.

F.

An agreement shall be entered into providing for the removal of all legal nonconforming signs within the time period provided by this article.

G.

An agreement shall be entered into providing that the property owner shall participate in the costs of a street improvement project which is approved by the city. The property owner's commitment under such agreement to participate in the street improvement project shall be subject to the following limits and conditions:

1.

That the scope of any street improvement project be defined to encompass a minimum of two thousand (2,000) feet of business property street frontage. This minimum is to be met by frontage on one or both sides of a street. Each property has only one (1) frontage.

2.

That the owners of at least sixty (60) percent of the property fronting any street improvement project agree to participate in any such project.

3.

That the costs of the improvements to be borne by the property owner shall be limited to the costs of the street pavement, curb, gutter, and sidewalk on existing roadways.

4.

That the property owner's responsibility be limited to sixty (60) percent of the width of the right-of-way directly fronting adjacent to the subject property when only one (1) side of the street is being improved. When both sides are being improved, the property owner's responsibility shall be limited to fifty (50) percent of the width.

5.

That the property owner be given the option to either pay for the improvements on or before the time of construction or on a payment schedule arranged with, or to be determined by the city, with a minimum fifteen-year amortization period.

6.

That this agreement have no bearing, either direct or implied, on the requirement for street improvements which are specified by the city for a land development project under sections 9602.1 to 9602.4 inclusive, or the calculations of the cost for an assessment district, if established.

H.

The subject property complies with all other applicable laws.

I.

Any on-site lighting causing glare on adjacent public streets shall be relocated or modified to prevent such glare to the satisfaction of the department.

J.

Any permit fee established by resolution of the city council has been paid.

Any disputes regarding the intent of these conditions may be appealed to the planning commission.

No permit granted under this subsection shall authorize any expansion beyond the limits of the subject property. Any new improvements to the subject property shall be permitted provided that such improvements comply with the provisions of this article and all other applicable laws.