O-2006-1501-A5 non-conforming lots of record

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Staff Report April 20, 2006 Nonconforming Lots of Record Background: Section 106-261 of the City's zoning code states that the general public, the Planning and Zoning Commission and the Zoning Board of Adjustment have been directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible. Section 106-268 regarding nonconforming lots of record states that no new use or change in occupancy may be undertaken on nonconforming lots of record, unless said change in use or occupancy is first submitted to the Planning Director for review. The Planning Director shall review said proposed change in use or occupancy, for purposes of insuring maximum compliance with zoning regulations, taking into account the particular restraints imposed by the degree of nonconformity. The Director's review shall include, but not be limited to parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirements as imposed by zoning and development regulations. Decisions of the Planning Director pursuant to these provisions are subject to appeal to the Zoning Board of Adjustment. The original intent of this section was to include a change in "owner, tenant, or occupant" as well as the stated change in business use or occupancy. This change allows the City an opportunity to address issues arising from nonconforming lots of record with a change of individuals. ConclusionlRecommendation: There may exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was passed, but which would be prohibited, regulated, or restricted under the terms of the zoning ordinance. In addition, it is the intent of this ordinance to permit those nonconformities to continue until they are removed but not enlarged upon, expanded or extended. Staff recommends an amendment that adds the term "Tenant" to Section 106-268 (Exhibit B). Actions available to the Commission are as follows: · Recommend to Council approval of this amendment. · Recommend to Council approval of this amendment with additional stipulations. · Recommend to Council denial of this amendment OR Continue discussion at the Commission's next meeting to allow further study of item.