The lawful use of any building or structure or land existing at the time of the enactment of or subsequent amendment to this Chapter may be continued subject to the restrictions contained in this Chapter even though such use does not conform with the provisions of this Chapter except that the nonconforming structure or use shall not be:

(1)

Changed to another nonconforming use;

(2)

Torn down and rebuilt as a nonconforming use;

(3)

Extended or enlarged except in conformity with this Chapter;

(4)

Reestablished after vacancy or discontinuance of use continually for one year, whether or not such vacancy or discontinuance commenced prior to the enactment of this Chapter;

(5)

Rebuilt, altered, or repaired, except in conformity with this Chapter, after damage exceeding 50 percent of the fair market value of the improvement as determined from the tax records of the City of LaFayette; provided, however, this provision (5) shall not apply to owner-occupied dwellings.

All nonconforming uses of land shall be discontinued or made to conform with the use provisions of this Chapter within the following periods of time from the date of adoption of this Chapter or subsequent amendments effecting the nonconforming use:

(1)

Nonconforming outdoor advertising signs and automobile junkyards—two years;

(2)

A nonconforming use of land involving no buildings other than accessory buildings—two years.

(1)

Offstreet parking required. Offstreet vehicular parking spaces shall be provided on every lot on which any building, structure, or use is hereafter established in all use districts, except as otherwise specifically exempted by this chapter. Required parking spaces shall be available for the parking of operable passenger vehicles for residents, customers, patrons, and employees, as appropriate given the subject use.

(2)

Location of offstreet parking areas. All parking spaces required by this article shall be provided on the same lot with the main building or use that it serves. Upon demonstration that the parking spaces required are not available and cannot reasonably be provided on the same lot as the building, structure or use it serves, the building official may permit the required parking spaces to be provided on any lot, of which a substantial portion is within five hundred (500) feet of such building, structure, or use. This provision shall require submittal of evidence of ownership or valid agreement to lease the parking area offsite that is intended to be used to comply with this section.

(3)

Parking plan required. Before any building or land use permit is issued, the proposed parking lot layout and area must be found by the building official to be in compliance with all requirements of this chapter. A parking plan, for all but detached single-family uses, shall be submitted for approval by the building official. Occupancy of the land or use of a building shall not occur until the building official determines that parking facilities are available in accordance with the approved plan.

(4)

Minimum number of parking spaces required. On each lot where a building, structure, or use exists, offstreet parking shall be provided according to Table 3. No existing facility used for offstreet parking shall be reduced in capacity to less than the minimum required number of spaces, or altered in design or function to less than the minimum standards.

Table 3
Minimum Number of Offstreet Parking Spaces Required

(5)

Interpretations of parking requirements. Where a fractional space results during the calculation of required parking, the required number of parking spaces shall be construed to be the next highest whole number. Where the parking requirement for a particular use is not described in this article, and where no similar use is listed, the building official shall determine the number of spaces to be provided based on requirements for similar uses, location of the proposed use, the number of employees on the largest shift, the total square footage, potential customer use, and other expected demand and traffic generated by the proposed use.

(6)

Reduction of required parking for mixed or joint use of parking spaces. When more than one (1) use is provided on a lot, and such uses operate more or less simultaneously, the total requirements for offstreet parking spaces shall be the sum of the requirements for the various uses computed separately. The building official may authorize a reduction in the total number of required offstreet parking spaces for two (2) or more uses jointly providing parking facilities when their respective hours of need of maximum parking do not normally overlap, provided that the developer submits sufficient data to demonstrate that the hours of maximum demand for parking at the respective uses do not normally overlap. The required spaces assigned to one (1) use may not be assigned to another use at the same time, except that one-half (½) of the parking spaces required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays.

(7)

UGC Parking reduction. Parking requirements in UGC district may be reduced by twenty (20) percent, rounded up to whole spots, if a development contains both retail and residential uses.

(Ord. No. 03-12, § 1, 10-13-2003; Ord. No. 08-12, § 1, 10-13-2008; Ord. No. 22/05, § 2, 6-13-2022)

(1)

Offstreet loading areas required for specified uses. On the same lot with every building, structure or part thereof, erected or occupied for manufacturing, storage, warehouse, truck freight terminal, department store, wholesale store, market, hotel, hospital, mortuary, dry cleaning plant, retail business, or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained adequate space for the standing, loading and unloading of such materials to avoid undue interference with public use of streets, alleys, and parking areas.

(2)

Loading area specifications. Unless otherwise approved by the building official, loading and unloading spaces shall be a minimum of fourteen (14) feet wide, forty (40) feet long, with fourteen (14) feet of height clearance. Said loading area shall be located to the rear of the building unless site design precludes a rear location, in which case loading will be to the side of a building.

(3)

Minimum number of offstreet loading/unloading spaces required. One (1) offstreet loading/unloading space shall be provided for the first ten thousand (10,000) square feet of gross floor area or fractional part thereof for light industrial use and one (1) offstreet loading/unloading space for the first five thousand (5,000) square feet of gross floor area or fractional part thereof for retail or other nonindustrial use for which a loading/unloading space is required. One (1) additional space shall be required for each additional twenty-five thousand (25,000) square feet of gross floor area or fractional part hereof for light industrial use and for each additional ten thousand (10,000) square feet of gross floor area or fractional part thereof for retail or other nonindustrial use.

(Ord. No. 08-12, § 1, 10-13-2008)

Editor's note— Ord. No. 08-12, adopted Oct. 13, 2008 changed the title of § 29-43 from offstreet loading and unloading spaces to loading.

(1)

Retail Business: one space 10 feet by 25 feet for each 3,000 square feet of floor area, or part thereof.

(2)

Wholesale and Industrial: one space 10 feet by 50 feet for each 10,000 square feet of floor area, or part thereof.

An adequate buffer strip consisting of a durable masonry wall, fence or hedge, or other natural planting of comparable opacity shall be required between commercial, industrial, R-3 residential uses, and R-2 or R-1 residential uses. Such buffers shall be constructed and maintained by the owner of the industrial, commercial or R-3 residential property. The buffers shall be designed to be compatible with the residential character of adjoining properties, and shall be provided along the side and/or rear lines of any lot zoned or used for commercial, industrial, and R-3 residential purposes. If a durable masonry wall or fence is used, it shall be 6 feet in height along the side and/or rear yards of the adjoining lot zones or used for residential 1 or 2 [R-1 or R-2] purposes. A masonry wall, ventilated redwood or rough sewn cedar fence would be appropriate screen materials.

If a hedge or other natural planting of comparable opacity is used, it shall consist of [a] planted strip at least 10 feet in width and containing a mixture of deciduous and evergreen trees spaced in a staggered triangular pattern not more than 10 feet apart and containing not less than 2 rows of dense plant materials. The same shall be planted at an initial height of at least 4 feet and shall be of such variety that an average height of 8 feet can be expected by normal growth within 4 years from the time of initial planting. All plant materials shall be planted at least 3 feet from the side or rear lot line of the adjoining lot in a residential 1 or 2 [R-1 or R-2] zone.

It is the further intent of this section to promote an overall homogeneity within the buffer strip. Therefore, where a type of buffer is agreed upon whether it be fence, wall or planting this type shall be continued by adjacent property owners along the block or property between two parallel streets. A cross street will be deemed an adequate point for change of materials in a buffer strip.

The buffers required by this Section are not applicable to the UGC district.

(Ord. No. 22/05, § 3, 6-13-2022)

The durable masonry wall or fence and/or the plant materials required by this Chapter will be subject to periodic inspections by the building inspector who shall determine that the property owner and/or occupant of the premises has maintained the buffer strip in neat order. The plant material shall be periodically trimmed or pruned at a height not less than 6 feet and diseased or dead plant materials shall be removed and replaced. Failure to maintain the buffer zone in an acceptable standard shall be deemed a violation of this Chapter.

The following regulations shall apply to the construction of fences and walls.

LOCATION

(a)

Fences and walls shall not be located outside or beyond the property or lot lines of the lot upon which said improvement is located.

(b)

No fence or wall shall constitute an obstruction to the vision of or create a hazard to vehicular traffic.

HEIGHT

(a)

After the effective date of this Ordinance, no fence or wall shall be constructed that exceeds eight (8) feet in height without a variance having first been obtained from the Zoning Board of Appeals.

(b)

A variance from the terms of this section shall not be granted by the Zoning Board of Appeals unless and until

(1)

A written application for a variance is submitted demonstrating that:

(i)

No diminution in value of the surrounding properties would be suffered;

(ii)

The granting of the variance would be of benefit to the public interest;

(iii)

The fence or wall proposed to be built if the variance is granted will not constitute an obstruction to the vision or create a hazard to vehicular traffic or other safety hazard;

(iv)

By granting the variance substantial justice would be done; and

(v)

The use would not be contrary to the spirit of this Chapter.

(2)

The Zoning Board of Appeals shall make findings that the requirements set forth in this section have been met; that the reasons set forth in the application justify the granting of the variance; and that the granting of such variance is in harmony with the spirit of this Chapter and will not be injurious to the neighborhood.

(c)

The Zoning Board of Appeals shall proceed on such written application in accordance with Section 29-85 of the LaFayette City Code and the right to appeal an adverse decision by the Board of Appeals shall proceed as found in 29-86 of the LaFayette City Code.

DESIGN AND TYPE

(a)

All fences and walls shall be constructed: (1) with the finished side exposed to the outside of the enclosed area; (2) the support posts shall be placed on the inside of the enclosed area; and (3) in a manner which serves to enhance the aesthetic appearance of the neighborhood or surrounding area.

(b)

Fences and walls shall only be constructed of woven wire (i.e., chain link), brick, stone, wood, stucco, wrought iron, or split rail. Barbed wire fences or barbed wire assemblies or addition atop fences and walls shall be prohibited in all residential zoned districts. Barbed wire fences or barbed wire assemblies atop fences and walls are permitted in business and industrial zoned districts.

(c)

Fences and walls shall be maintained in a structurally sound condition and in good repair. Fences and walls shall be free from loose or rotting materials to the extent that they have become unsafe and an eyesore and shall have braces and supports attached or fastened from the inside of the enclosed areas in accordance with common building practices.

(Ord. No. 02-13, § 1, 10-14-2002)