Division VI — MISCELLANEOUS NONCONFORMING PROVISIONS

21.130.240 Nonconforming environmental effects .

(a) Off-site Impacts. Any nonconformity with respect to environmental effects upon surrounding property (such as lighting or noise) shall be made conforming within two years after the date of becoming nonconforming.

(b) On-site Impacts. Any nonconformity with respect to an environmental effect upon the premises where the source of the effect is located may continue indefinitely.

(Ord. 612 Exhibit A (part), 2008).

Notwithstanding any other provision of this chapter, any nonconformity which can be made conforming without requiring that a capital expenditure be made or a capital loss incurred shall be made conforming within one hundred twenty days after the date of becoming nonconforming.

(Ord. 612 Exhibit A (part), 2008).

(a) Clear Visibility Triangle. Nonconforming obstructions to the required clear visibility triangle, including landscaping, fencing, walls, signage, artwork, and similar features but specifically excluding except buildings, shall be removed or made conforming within five years after the date of becoming nonconforming.

(b) Access. Nonconforming driveways or other vehicular access arrangements may continue indefinitely, except that with any expansion or intensification of use, the access serving such expansion or intensification shall be made fully conforming.

(c) Parking or Loading Spaces. Any nonconformity with respect to parking or loading areas, spaces, or improvements may continue indefinitely, except that with any change, expansion, or intensification of use, the additional parking and loading areas and spaces required for such change, expansion, or intensification shall be fully conforming.

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

(Ord. 612 Exhibit A (part), 2008).

All legal nonconforming fencing materials shall be abated within five years of the date that such materials were rendered nonconforming. However, any legal nonconforming chain-link fencing in residential zones shall be subject to abatement within ten years of the date that such materials were rendered nonconforming. (Ord. 612 Exhibit A (part), 2008).