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MINUTES <br />CITY COUNCIL <br />JANUARY 27, 1999 <br />existing as a legal non-conforming use. To allow the recycling <br />business to continue as a permitted use would require a zoning text <br />amendment given that recyc(ing is specifically prohibited as an <br />allowed use. <br />It was pointed out that the property in question is zoned PUD <br />which incorporates all the City's zoning district provisions. <br />Therefore, given that recycling is specifically prohibited under the <br />industeial districts, there is no ability to allow the recyclin~ <br />operation in the PUD District. <br />Fahey pointed out that the City Council adopted the ordinance <br />specifically prohibiting recycling given that the Frattalone <br />recyclin~ operation was in transition and would be phased out <br />within a few years. <br />The Administrator indicated that there was also some ambiguity in <br />the previous ordinance language the City wanted to clear up. <br />Morelan felt that the City should retain the ability to terminate the <br />recycling operation since the day will come when that use will not <br />be proper for the area. Morelan indicated, however, that at this <br />point he was not uncomfortable with allowing the use to continue <br />for a period of time. <br />Fahey asked what would be a typical time period for allowing an <br />interim use to exist. <br />The City Attorney reported that interim use is a new concept, <br />therefore, there is not a lot of history. The Attorney pointed out <br />that the developer will have to agree to the time period. <br />Fahey pointed that if the City and Frattalone cannot come to an <br />agreement on the time period, then the interim zoning district will <br />not be created, and the recycling operation will be in violation of <br />the existing ordinance. This will then become an enforcement <br />action for the City. <br />Scalze pointed out that whatever time period is agreed to would <br />have to be offered to other property owners seeking a similar <br />circumstance. <br />The City Attorney pointed out that other property owners would <br />have to make application for rezoning to an interim use and would <br />have to go through the process. The City would have discretion as <br />15 <br />