This article is established to regulate nonconforming uses, off-street parking, and off-street loading and unloading; to strive for the ultimate termination of nonconforming uses; and to provide suitable off-street parking, loading and unloading space for each type of use.

The lawful use of any building or structure or land existing at the time of the enactment or amendment of this ordinance may be continued even though such use does not conform with the provisions of this ordinance, except that the nonconforming structure or use shall not be:

(1)

Changed to another nonconforming use;

(2)

Re-established after discontinuance for 12 months, regardless of any reservation of an intent not to abandon or to resume such use; or

(3)

Extended on the same or adjoining property except in conformity with this ordinance.

(Ord. No. 2115, § II, 5-6-2025)

Off-street automobile parking space shall be provided on every lot on which any of the following uses are hereafter established. The number of automobile parking spaces provided shall be at least as great as the number specified below for the various uses:

(62.1)

Automobile sales and repair garages: one space for each regular employee plus one space for each 250 square feet of floor area used for repair work.

(62.2)

Gasoline filling stations: five spaces for each grease rack or similar facility plus one space for each gas pump attendant.

(62.3)

Hospitals and nursing homes or similar institutions: one space for each three beds plus one space for each staff or visiting doctor and one space for each three employees.

(62.4)

Hotels: one space for each two guest bedrooms plus one space for each four employees.

(62.5)

Industrial use: one space for each two employees on a single shift plus one space for each company vehicle operating from the premises.

(62.6)

Lodges and clubs: one space for each five members.

(62.7)

Office building: one space for each 300 square feet of floor space.

(62.8)

Places of amusement or assembly without fixed seats: one space for each 200 square feet of floor space devoted to patron use.

(62.9)

Places of public assembly: one space for each four seats in the principal assembly room.

(62.10)

Residential: one space for each dwelling unit.

(62.11)

Restaurants: one space for each 75 square feet of floor area devoted to patron use, plus one space for each four employees.

(62.12)

Retail business: one space for each 250 square feet of sales space.

(62.13)

Rooming and boarding houses: one space for each two bedrooms.

(62.14)

Schools: one space for each two faculty and staff employees; for each three other employees; and for each five high school students.

(62.15)

Tourist courts and motels: one space for each accommodation.

(62.16)

Trailer parks: one space for each trailer space.

(62.17)

Wholesale business: one space for each two employees. Each space shall be at least 300 square feet in area and shall have vehicular access to a public street. Turning space shall be provided (except for single-family residences) so that no vehicle will be required to back into the street.

Cross reference— Stopping, standing and parking, § 70-31 et seq.

If the required automobile parking spaces cannot be reasonably provided on the same lot on which the principal use is conducted, such spaces may be provided on other off-street property provided such property lies within 400 feet of the main entrance to such principal use. Such automobile parking space shall be associated with the principal use and shall not thereafter be reduced or encroached upon in any manner.

Required parking space may extend up to 120 feet into a residential zoning district, provided that:

(a)

The parking space adjoins a commercial or industrial district;

(b)

Has its only access to or fronts upon the same street as the property in the commercial or industrial district for which it provides required parking space; and

(c)

Is visually separated from abutting properties in the adjoining residential district by a ten-foot-wide evergreen planted buffer strip.

On every lot on which a business, trade or industry is hereafter established, space with access to a public street or alley shall be provided as indicated below for loading and unloading of vehicles off the public right-of-way. The minimum loading and unloading space required shall be:

(65.1)

Retail business: one space of 300 square feet for each 3,000 square feet of floor area or fraction thereof.

(65.2)

Wholesale and industry: one space of 500 square feet for each 10,000 square feet of floor area or fraction thereof.

(65.3)

Bus and truck terminals: sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded or unloaded at the terminal at any one time.

Cross reference— Stopping, standing and parking, § 70-31 et seq.

(a)

Notwithstanding any other provision of this ordinance, when there is a replacement of a nonconforming, preexisting manufactured home or mobile home with a new home within a manufactured home community or mobile home park, or on any other residential land, a local government shall not adopt or enforce any zoning decision or zoning ordinance, or any other regulation or restriction, or impose any conditions on the new home, the property upon which the home sits, or the owner's property that were not required of the preexisting home, home site, or property, that would prevent the continuance of the property owner's lawful nonconforming use that had existed relating to the preexisting home, the property upon which the home sat, or the owner's property.

(b)

The provisions of subsection (a) of this Code section shall not apply if:

(1)

A discontinuance is necessary for the safety of life or property;

(2)

The nonconforming use has been discontinued for the period of time which is not less than 12 months, unless such discontinuance is caused by circumstances outside the control of the property owner;

(3)

The replacement home would result in a change from the lawful nonconforming use as a single-family dwelling to any other type of dwelling;

(4)

The replacement home results in an obstruction to a shared driveway or shared sidewalk providing vehicular or pedestrian access to other homes and uses, unless the property owner makes modifications to such shared driveway or shared sidewalk that extinguishes such obstruction or the effects of such obstruction; or

(5)

The replacement home, or the attempt to add, establish, construct or place any replacement home is contrary to, or violation of, any health and safety standard under article III, of chapter 14 of the Code, any provision of chapter 32 of the Code, or any other environmental and nuisance rules, regulations or laws set forth in the Code.

(Ord. No. 2115, § II, 5-6-2025)