§ 9182.29. Site Nonconformities - Continuation of Legal Nonconforming Walls Located… — Carson Zoning Code

A. Existing, lawfully established walls encroaching to a required front or side yard setback within an industrial zone shall obtain approval of a Development Plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review) if the properties are determined to no longer have nonconforming rights and privileges pertaining to the location of said walls. All such walls shall be reviewed and approved by the Planning Commission at a public hearing. If it is determined that the property can be brought into compliance with the setback requirements, either wholly or in part, such existing nonconforming wall shall be subject to abatement.
B. When approving a Development Plan, the Planning Commission shall make findings regarding the following:
1. The wall is in good condition and well maintained;
2. The wall is constructed of brick, stone or concrete block and determined to coordinate with the building to which it is associated and compatible with the existing or anticipated

character of the area;

The wall is three and one-half (3-1/2) feet or higher;
The length of the existing wall is one hundred (100) feet or greater;
Physical conditions of the site or the operation conducted at the site make it difficult to meet the setback requirements; and
A landscape maintenance plan has been provided.

C. The Planning Commission may as a condition of approval require additional improvements to the property, the wall or any buildings or structures thereon to ensure that the site meets acceptable design standards to justify the retention of a portion of the legal, nonconforming wall. The Planning Commission shall include, but is not limited to, applying the following standards to the property:
1. Up to fifty (50) percent of existing nonconforming walls may remain subject to an approved development plan. Up to sixty-five (65) percent may be approved if there are extenuating circumstances. Minimum of thirty-five (35) to fifty (50) percent of the wall length shall meet the required setback by providing at least ten (10) feet of landscape area for the applicable front or side yard setback;
2. The remaining portion of the wall may be permitted to remain as a nonconforming wall in the existing location and shall cease to retain any nonconforming rights and privileges if subsequent development permits comply with applicable setback requirements;
3. Modifications may be required to bring the wall more nearly into compliance with the applicable standards for industrial zones, to find that the design of the wall is adequate and to address compatibility with the surrounding area; and

Landscaping for the front yard or side yard setback shall be provided and designed in a way to provide an attractive appearance and to screen any section of the wall that is located along the street or subject to potential graffiti. The landscaping shall be designed to complement the entire site design. Large shrubs (minimum fifteen (15) gallon) shall be used as part of the screening. Enhanced landscaping may include hardscape, pedestrian accommodations, ornamental fencing, public art, special monumentation at street corners, or other amenities as approved by the Planning Division.