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• <br />• <br />• <br />7309 Lake Drive <br />page 2 <br />Nonconforming Use: The site has been a contractor yard for a variety of <br />businesses, many or all of which utilitized the outdoor yard for accessory uses such as <br />storage of vehicles, equipment, and materials. The current zoning ordinance allows <br />accessory outdoor storage in a Light Industrial zone with a conditional use permit. <br />However, such accessory outdoor storage uses would not be allowed on this site. The <br />conditions prohibit such a use on property that abuts residential property or where the <br />storage area abuts school property. The outdoor storage as accessory to contractor yards <br />therefore is a nonconforming use. <br />Nonconforming uses may be continued. However, the land owner wants to sell the <br />property. The prospective buyer wants to move his vehicle wholesale business onto the <br />site. This is not a contractor yard, so the "grandfathered" nonconforming use (outdoor <br />storage accessory to a contractor yard) does not apply. <br />Rezoning By Zoning Contract <br />The contractor yard use, with accessory outdoor storage, could continue as a <br />nonconforming use. However, that is not the best long term use for the site given the <br />proximity of the residential neighborhood and the school. The vehicle wholesale <br />business has less potential for conflicts with these surrounding uses. <br />The City undertook considerable effort to address outdoor storage issues in 1999 -2000. <br />The result was an amendment to the zoning ordinance that allows outdoor storage in the <br />industrial zones under specific conditions. The intent was to recognize the need for <br />storage for some industrial uses but to prevent it in locations where it would have <br />undesirable impacts on the community. The ordinance does not allow outdoor storage on <br />sites abutting residential neighborhoods or schools. Therefore, the proposed use of the <br />site for wholesale vehicle sales with outdoor storage is not allowed under LI zoning <br />requirements. Nor is it a nonconforming use (contractor yard with storage). <br />In the GB General Business zone, conditional uses include "outdoor sales lots (not <br />outdoor storage) ". This is intended to provide for vehicle sales lots, particularly the <br />typical retail vehicle sales lot. However, "outdoor sales lots" are not defined or limited to <br />mean only retail businesses that are open to the public. <br />The proposed use is not intended to be the typical retail sales business open to public <br />walk -in clients. The buyers will be dealers, not the general public, and there likely will <br />be fewer of them as the business operates by appointment rather than walk -in business. <br />However, aspects of the appearance and activities will be similar to a typical outdoor car <br />sales lot. Vehicles will be for sale and they will be lined up outdoors on the lot as well as <br />inside the building. Semi trucks will deliver loads of vehicles. Vehicles will be viewed <br />outdoors (as well as indoors) by prospective buyers. Because of these activities that <br />define the business, "outdoor sales lot" is an appropriate label. <br />Outdoor sales lots are limited to conditional use permits in the GB zoning district. That <br />is why the proposal is to rezone the site to GB and to issue a CUP for an outdoor sales <br />lot. However, staff does not believe that all the uses that would be allowed in a GB zone <br />