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Ord 2014-011
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Ord 2014-011
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7/23/2014 3:29:47 PM
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7/23/2014 3:29:03 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
7/21/2014
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8B Consent 2014 0721
(Reference)
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0721
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E. Authorization to grant variances does not extend to use regulations, because suffi- <br />cient flexibility is provided by the use permit process for specified uses and by the au- <br />thority of the Board of Zoning Adjustments to determine whether a specific use be- <br />longs within one (1) or more of the use classifications listed in Article 3: Definitions. <br />Further, Article 27 provides procedures for amendments to the zoning map or zoning <br />regulations. These will ensure that any changes are consistent with the General Plan <br />and the land use objectives of this Code. <br /> <br />F. Parking exceptions are intended for the review of parking requirements in which par- <br />ticular difficulties or undue hardship would occur without the granting of such excep- <br />tion. It is the purpose of this Article to set forth findings that relate to specific parking <br />circumstances. (Ord. 2001-015 § 1) <br /> <br />5-2202 Authority of Board of Zoning Adjustments <br /> <br />A. The Board of Zoning Adjustments shall approve, conditionally approve, or disapprove <br />applications for use permits, variances, or parking exceptions upon finding that the <br />proposed use permit, variance, or parking exception is consistent with the General <br />Plan, the general purposes of this Article, the specific purposes of the base or overlay <br />zoning district in which a development site is located, and all applicable requirements <br />of the Municipal Code. <br /> <br />B. Projects on City-Owned Land in the CR and OS Districts. The Zoning Enforcement <br />Official shall submit all applications for use permits, variances, or parking exceptions <br />to the City Council for approval, and no action by the Board of Zoning Adjustments <br />shall be required. After a duly noticed public hearing, the City Council may approve or <br />conditionally approve such application if it meets the findings required by Section 5- <br />2212. (Ord. 2001-015 § 1) <br /> <br />5-2204 Applicability to Existing and New Uses <br /> <br />Use permits shall be required for any new or expanded use located in a district where the <br />land use regulations require such a permit for that use classification. In addition, preexist- <br />ing uses shall be presumed to be subject to a use permit, even though a use permit was <br />not required at the time the use was originally established, if a requirement for a use per- <br />mit for the use is subsequently enacted in the Zoning Code. Therefore, any subsequent <br />modifications or expansions to the “presumed conditional use,” shall be subject to all of <br />the requirements of this Article. (Ord. 2001-015 § 1) <br /> <br />5-2206 Initiation <br /> <br />Applications for use permits, variances, and parking exceptions shall be initiated by sub- <br />mitting the following materials to the Zoning Enforcement Official: <br /> <br />Exhibit K: Proposed Amended Article 22 Page 2 <br />Note: underline and bolded text represents new text; strike-through text represents text to be eliminated
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