Where, at the effective date of adoption or amendment to this ordinance, lawful use of land or building exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

Once changed to a conforming use, no land or building shall be permitted to revert to a nonconforming use.

(b)

No building that is damaged in any way to the extent of more than forty (40) per cent of its replacement cost shall be repaired, except in conformity with the regulations of this ordinance.

(c)

No nonconforming building may be reconstructed or structurally altered to the extent of forty (40) per cent of its replacement cost unless said building is changed to a conforming use.

(d)

Whenever a nonconforming building or land use has been discontinued for a period of one (1) year, no nonconforming use shall thereafter be established.

Editor's note— Ord. No. 81-1, § 1, adopted Jan. 8, 1981, repealed former § 4.2 of app. A which pertained to discontinuance of nonconforming uses and was derived unamended from the original zoning ordinance as adopted Aug. 25, 1969.

Off-street parking, storage, standing and loading space shall be provided as hereafter established.

4.3.1. The size of each required parking space shall be three hundred (300) square feet, including access aisles thereto, but excluding driveways. Turning space except in R-1, 2, 3, districts shall be provided so that no vehicle will be required to back onto a street. Such space shall be provided, with access to a street or public alley, to meet the following requirements:

4.3.2. When the required off-street parking space cannot reasonably be provided on the same lot as the building it serves, such space may be provided on another property. Such property shall be located within four hundred (400) feet of the premises of which it is appurtenant as measured along the nearest and shortest pedestrian route.

4.3.3. No part of an off-street parking area required for complying with the provisions of this ordinance shall be included as part of an off-street parking area similarly required for another building or use. However, nothing in this ordinance shall be construed to prevent the joint use of off-street parking space for two (2) or more buildings or uses if the total of such spaces, when used together, shall not be less than the sum of the requirements for various individual uses or buildings computed separately.

4.3.4. Every structure hereafter constructed and used for commercial, wholesale, terminal or manufacturing purposes shall provide space for loading and unloading vehicles. The size of each loading space shall be five hundred (500) square feet. Such space cannot be on a public right-of-way or public alley. However, it shall have access to a street or public alley and meet the following requirements:

Commercial businesses and services: One (1) space for each three thousand (3,000) square feet of floor area or part thereof.

Wholesale and manufacturing: One (1) space for each ten thousand (10,000) square feet of floor space or part thereof.

Bus and truck terminals: One (1) space for the maximum number of buses or trucks to be stored, stopped, loaded or unloaded at the terminal at one time.

4.3.5. Vegetation/landscaping.

(a)

Commercial-industrial development. In the development and or redevelopment of commercial and or industrially zoned property, all applications for building permits shall be accompanied by a plot plan outlined in the site and development plans. In the establishment of parking areas required to serve commercial and industrial property, there shall be presented by the developer of such property a plot plan on which is shown those trees twelve (12) inches and above in caliber diameter to be removed and those which shall remain after installation of the parking facilities. In order to encourage developers to preserve existing trees, trees that are twelve (12) inches and above in caliper diameter that the developer proposes to remain on the property will diminish the planting requirements.

(b)

Minimum trees and planted shrubbery required in parking facilities. There shall be required within the overall landscape plan of any commercial or industrial parking lot development a minimum of one (1) approved tree (section 14.39.a-1, definitions) for every ten (10) parking spaces contained in the developed parking lot, with a minimum of one (1) approved tree for each business establishment served by the parking lot, and a minimum of ten (10) per cent of lot to be plantings, shrubbery, which may include planted detention area and planted buffer zones. Approved tree twelve (12) inches and above in caliper diameter that remain on the property will fulfill the planting requirements as follows. Every existing approved tree twelve (12) inches and above in caliper diameter will fulfill the planting requirements of two (2) trees, and every existing tree twenty-four (24) inches and above will fulfill the planting requirement of three (3) trees.

(c)

Substitution of trees. If, due to development conditions beyond control of the developer of any commercial or industrial property within the city, there does not exist the minimum number of approved trees required in subsection (b) of this section, the developer owner of the property shall ensure the installation and continued maintenance of the required number of approved trees as directed by the planning and zoning department of the city or in the alternative the developer owner shall install and maintain shrubbery and or planting as directed by the planning and zoning department of the city up to the value of the approved trees required to be installed under the terms and conditions of this article. All approved trees required to be installed under the conditions of this section shall be a minimum of eight (8) feet in height at time of installation, one such caliper, and comply with the American Standard for Nursery Stock, on file in the planning and zoning building department office.

(d)

Paving around trees. No pavement consisting of concrete, asphalt or other impervious material shall be permitted within three (3) feet of the outside diameter of any tree located in any tree located in any parking lot area within the city.

(Ord. No. 03-14, 8-21-2003; Ord. No. 03-15, 6-5-2003)

When any commercial, professional, industrial or multifamily residential district abuts a single-family residential district, a planted buffer strip shall be provided at the property line, or lines, where the two (2) districts abut. The buffer shall consist of a hedge or similar planted material maintained to a depth of five (5) feet and height of eight (8) feet. Such buffer shall extend not closer than twenty (20) feet to the right-of-way of an intersecting street.

(Ord. No. 87-26, 9-17-87)

Manufactured homes are permitted only within a manufactured home park within the R-3 and R-4 districts. Mobile homes, as defined in this zoning ordinance, are not permitted in any zoning district. No mobile home or recreational vehicle may be used as a residence.

(Ord. No. 06-15, § 1, 10-19-2006)