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AgdaPkt 2004-03-22
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AgdaPkt 2004-03-22
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7/16/2012 4:25:44 PM
Creation date
3/18/2004 11:18:47 AM
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CC Index
CC Index - Document Type
Agenda Packet
Date
3/22/2004
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[ <br /> 8 e-3i <br /> Building, Code Enforcement and Fire Department staff, as well as with the City <br /> Attorney's o�ce. <br /> � The Planning Commission's role in the review of the proposed amendments is to <br /> conduct a public hearing, review the proposed modifications, and make <br /> recommendations to the City Council. The Council will then conduct a public <br /> heanng and take finat action on the proposed amendments. <br /> PROJECT ANALYSIS: <br /> PROPOSED ORDINANCE AMENDMENTS <br /> Attached is a draft ordinance (Attachment 1) addressing nonconforming lots, <br /> uses, structures, and parking, comprising a compiete rewrite of Chapter 33 of the <br /> Zoning Ordinance and modifications of other sections as needed. <br /> Attachment 2 is a set of summary tables comparing the proposed changes to <br /> existing code provisions. Attachment 3 is a summary outline of the <br /> "nonconforming" issue, including: identification of relevant Code sections; a <br /> statement of noted problems and intended purposes for the amendment; and a <br /> review of how other cities address similar code provisions. <br /> The discussion below outlines the substantive changes to 1) nonconforming <br /> uses, 2) nonconforming structures, 3) nonconforming parking, and 4) <br /> miscellaneous related issues. <br /> "- 1. Nonconforminq Uses <br /> Nonconforming uses may include uses such as offices or retail stores in <br /> residential zones, or may include multi-family residential uses in single- <br /> family zones. The proposed revisions generally allow such uses to <br /> continue indefinitely, so long as they are not abandoned for a specified <br /> period of time. Key provisions of the amendments include the following: <br /> • Clarifying that nonconforming uses include residential density in <br /> excess of that allowed for the applicable district. <br /> . Allowing expansion of a nonconforming use with a Use Permit and <br /> findings that the expansion would reduce impacts on neighbors, or <br /> protect historic resources, or is necessary to comply with law. <br /> . Defines "expansion of a nonconforming use" to include changes in the <br /> characteristics of the use that would increase noise, traffic, and similar <br /> impacts. <br /> • Clarifies the abandonment period to 6 months for a nonresidential use <br /> in a residential zone, and 12 months for a nonconforming use in a <br /> nonresidential zone. <br /> • Deletes requirements for amortization (removal) of nonconforming <br /> uses. <br /> _ Staff bel;eves that these modifications will allow most nonconforming uses <br /> to remain but would minimize the potential for expansion or changes in <br />
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