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09-28-2005 Council Agenda
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09-28-2005 Council Agenda
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zoning regulations, unless a proper sign permit (temporary or permanent) has <br />been granted. <br />3. The display area does not take up parking spaces or interfere with vehicular or <br />pedestrian circulation on the site. <br />4. The display area comprises not more than five percent (5 %) of the floor area <br />of the principal building. <br />5. The display area is screened from neighboring residentially zoned areas in <br />compliance with Section 903.020.G of this ordinance. <br />6. The display area may not encroach into any required yard setback area or any <br />drainage and utility easement. <br />7. The display area must not, in the judgment of the City Council, detract from <br />the building architecture or landscaping, or constitute the primary visual focus <br />of' the site or building in question. <br />8. Other conditions that the City Council deems necessary to protect and <br />enhance the quality of building and site design of other commercial <br />development in the neighborhood. <br />These conditions are intended to limit outdoor display to highly constrained <br />circumstances, and to give the City extensive discretion over the approval and design of <br />outdoor display areas. Nonetheless, Conditional Use Permits can be difficult to limit <br />since an applicant has a right to a CUP if they meet all of the conditions. As an <br />alternative, the City may wish to consider allowing this use by Interim Use Permit, <br />essentially a Conditional Use Permit with a time limit attached by development <br />agreement. In this way, the applicant has the right to the use only for the term of the <br />Interim Use Permit requirements. An applicant must reapply for a permit upon <br />termination if they wish to continue the use. <br />With regard to Joe's Sporting Goods, the Planning Commission would need to consider <br />whether their request compiies with the terms of the zoning amendment, if it is adopted. <br />The applicant proposes to display large pieces of recreational equipment (water <br />trampolines, canoes, and kayaks) on or outside the front of their building. The display <br />area appears to be limited, and would appear to meet the conditions listed above. <br />Summary and Recommendation <br />Staff believes that if outdoor display is to be considered, it should be severely limited <br />due to concerns over visual clutter, outdoor storage, and avoidance of conflicts with the <br />City's signage regulations. The proposed amendment is intended to accomplish these <br />objectives. For additional control, the City may wish to establish the use as an "Interim <br />2 <br />
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