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10-27-2021 Council Packet
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10-27-2021 Council Packet
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<br />9 <br /> <br />12 - Temporary Uses and Structures <br />This entirely new chapter presents ideas that are presently scattered in various chapters of the <br />zoning code, provides conditions of approval and lists the permit requirements. It covers <br />temporary land uses such as construction trailers, garage sales, seasonal retail sales and others. It <br />does not apply to special events that are otherwise subject to leases, permits, or other forms of <br />permission that are duly established between the special event organization and the City. <br />13 - Non-Conforming Uses and Structures <br />This chapter is completely unchanged from its present wording. <br />A non-conforming land use or building is one that is inconsistent with the present zoning <br />regulations. A legal non-conforming use is one that was built according to the zoning <br />regulations that existed at the time but has been made non-conforming because the zoning <br />regulations were later changed. An illegal non-conforming use is one that was built without a <br />permit and does not conform to present regulations; these are rare. <br />Legal non-conforming building and land uses may “not be enlarged but may be continued at the <br />size and in the manner of operation existing upon such date except as hereinafter specified or <br />subsequently amended.” Normal building maintenance is allowed. If such a use is damaged by <br />less than half of it market value may be rebuilt as it was before if the owner applies for a building <br />permit within six months. If a non-conforming use is discontinued for a year, it must be brought <br />into conformance with the zoning regulations. <br />Note that this chapter continues the present regulations that (a) protect the rights of any <br />manufactured housing park that may be made non-conforming through a change to the zoning <br />text or the zoning map and (b) any individual mobile home that is deemed non-conforming. <br />Those provisions are consistent with state law regarding mobile homes. <br />14 - Specific Development Requirements <br />Chapter 914 provides requirements for specific types of land use such as car washes or child day <br />care businesses. This is in contrast to Chapter 915, General Development Requirements, which <br />provides requirements such as landscaping that could be applied to a wide variety of land uses. <br />Some requirements are new, some were imported from the current code and a few are a <br />combination. Those in the current code may have been found in the existing Chapter 903, <br />General Provisions, or in one of the district chapters. <br />Some of these requirements pertain to Conditional Uses while others are for Permitted Uses that <br />have conditions. Here is the difference: <br />Conditional Uses: These land uses are presumed to be not allowable in a given zoning district <br />unless specified conditions are met. The review process includes City staff, the Planning <br />Commission and the City Council. <br />Permitted Uses with Conditions: These land uses are presumed to be allowable in a given <br />zoning district as long as specified conditions are met. The review includes only the City staff. <br />Appeals of staff decisions are heard by the Planning Commission.
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