Except for property acquired by government entities (addressed in Subsection 14-16-6-8(H)), a lot that does not comply with the standards of this IDO in Sections 14-16-4-3 (Use-specific Standards); 14-16-5-3 (Access and Connectivity); 14-16-5-5 (Parking and Loading); 14-16-5-6 (Landscaping, Buffering, and Screening); 14-16-5-7 (Walls and Fences); 14-16-5-8 (Outdoor and Site Lighting); or 14-16-5-9 (Neighborhood Edges), except for the Building Height Stepdown provision, may continue to be used and occupied, and uses may be changed or expanded as allowed by other provisions of this Section 14-16-6-8, notwithstanding those nonconformities, unless and until the gross floor area of the primary building on the lot is expanded pursuant to the criteria in Subsection 14-16-6-6(C) (Expansion of Nonconforming Use or Structure), at which time any portion of the lot affected by the expansion shall be brought into compliance with any relevant standards in the Sections listed above in this provision, unless specified otherwise in this IDO.
Parking on areas other than allowed pursuant to Subsection 14-16-5-5(F)(1)(a)6 is illegal, and such parking shall be discontinued within the timeframe specified by Code Enforcement in notice provided to the property owner, with the following exceptions.
1. Front yard parking areas that do not satisfy the requirements of this IDO that were improved for and specifically dedicated to use as a front yard parking area prior to June 17, 2007 (when City Council adopted O-07-61, which first regulated front yard parking), and that otherwise satisfied the requirements of all applicable regulations in place at the time of their installation, may continue to be used as front yard parking areas pursuant to the provisions of this IDO governing nonconforming uses and structures.
a. For the purposes of this Subsection 14-16-6-8(G)(3), "improvements" include either impervious surfaces, such as concrete or asphalt, or all-weather pervious surfaces, such as recycled asphalt, compacted crusher fines, or compacted angular stone. In order to enjoy nonconforming status under this Section 14-16-6-8, any such improvements must have been installed for and be suitable for the specific purpose of front yard parking and maneuvering.
b. Where low-density residential development has an existing, improved front yard parking area, parking on unimproved surfaces such as dirt, grass, or landscape areas, or on surfaces that were improved for any purpose other than front yard parking, including but not limited to decorative gravel areas, patios, or pedestrian walkways, shall be discontinued regardless of the year of development of the property or improvement.
2. Where any existing low-density residential development lacks an improved front yard parking area, and improved front yard parking areas were not required at the time of the unit's initial development, such residential unit may continue to use a portion of the front yard for parking subject to the size and area limitations in Subsection 14-16-5-5(F)(2)(a)1.
Front yard parking areas that do not satisfy the requirements of this IDO but that satisfied the requirements of all applicable regulations in place between June 17, 2007 and the effective date of this IDO may continue to be used for front yard parking pursuant to this Section 14-16-6-8.
No native vegetation or landscaping in the APO zone shall be allowed to exceed the applicable height limit or otherwise deviate from standards in Section 14-16-3-3 (Airport Protection Overlay Zone) or any other applicable standards of this IDO.
6-8(G)(4) Outdoor and Site Lighting 222
Notes
| 221 | 221 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #19. EPC considered but did not recommend an amendment to remove angular stone from the acceptable all-weather surfaces for front yard parking areas.[Spreadsheet Item #42 and Council Memo - Front Yard Parking - Angular Stone] |
| 222 | 222 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. [Spreadsheet Item#56 and Exhibit - Lighting] |