§ 9106.09

A.

Direct broadcast satellite (DBS) antennas constructed before April 3, 2009, when revised regulations regarding DBS antennas under Ordinance No. 2255 became effective, and which do not conform to all of the requirements of this Division, shall constitute a nonconforming use.

B.

No person shall maintain or operate any DBS antenna not fully in compliance with the provisions of Ordinance No. 2255 after two years from the effective date of Ordinance No. 2255.

9106.09.020 - Fencing and Wall Materials.

A.

Legally established nonconforming fencing material shall be allowed to continue. Where the nonconforming fencing material is to be replaced with a new fencing material, it will be subject to the requirements

specified in Subsection 9103.05.040 (Prohibited Fencing Materials in All Zones).

B.

Any fences and landscaped buffers that are required along property lines shall be provided at the time of any expansion or intensification of a nonresidential use, unless this requirement is modified or waived through the approval of a Modification, granted in compliance with Division 7 (Permit Processing Procedures).

C.

Barbed wire fencing installations which legally exist at the time of the adoption of the Development Code shall be deemed legal nonconforming uses and are therefore allowed without approval by a Modification.

A.

Nonconforming Landscaping. Any lawfully created use or structure that becomes nonconforming with regard to landscaping, including, but not limited to, landscaping coverage, parking lot coverage, distribution, installation, or maintenance of the landscaping, may continue indefinitely with the nonconformity as long as the use or structure continues as originally and lawfully created and allowed.

B.

Floor Area Expansion. If any floor area expansion is proposed and approved, all required landscaping shall be provided in compliance with the requirements specified in Section 9103.09 (Landscaping).

A.

Parking Spaces and Improvements. Any nonconformity with respect to parking spaces or improvements may continue indefinitely, except that with any change of use, or an expansion or intensification of use, the additional parking required for the change, expansion, or intensification shall be in full compliance with the parking provisions specified in Section 9103.07 (Off-Street Parking and Loading).

B.

Loading Spaces. Any nonconformity with respect to loading areas may continue indefinitely, except that with any change, expansion, or intensification of use, the additional loading areas required for the change, expansion, or intensification shall be in full compliance with the loading space provisions specified in Section 9103.07 (Off-Street Parking and Loading).

C.

Parking Lot Landscaping. Upon a review for any expansion, intensification, or reconfiguration of an existing parking lot, the designated Review Authority may require that any nonconformity with respect to interior landscaping and landscaped yards along streets and alleys for parking lots be made conforming with the

landscaping provisions specified in Subsection 9103.07.120 (Landscape Standards for Parking Lots), to the fullest extent feasible as, determined by the Review Authority.

D.

Nonconformities Regarding Garages.

1.

Any lawfully created use that becomes nonconforming with regard to garages, including but not limited to the number of parking spaces, may continue indefinitely with the nonconformity as long as the use continues as allowed. However, upon any change in land use, occupancy, or expansion of the use or structure, adequate off-street parking shall be in full compliance with the parking provisions specified in Section 9103.07 (Off-Street Parking and Loading).

2.

Garages illegally converted to habitable rooms are strictly prohibited.

Section 9107.01 - City-Required Permits and Approvals