1987-08-10 Public Hearings and Regular Meeting

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• Planning & Zoning Commission Jackson/Gray Request July 6, 1987 Page 2 • Because the proposed use falls into a gray area of the zoning ordinance, the first item to be determined is the suitability of this use in a G.C. zone. In making this determination it should prove helpful to refer to Section 6-301 (purpose) of the zoning ordinance. The site will be adjoined on four (4) sides by "R-3" property. The south side abutts the current facility which is a non-conforming use in a "R-3" zone. It is useful at this time to consider the section of the zoning text that addresses non-conforming uses as follows: Section 4 - 200 Non-Conforming Bt~ilding.~, Structures, and Uses The general public, the Planning Commission and the Board are directed to take note that non-conformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when necessary to preserve property rights established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the Planning Commission and the Board to assist the City Council in achieving this goal by advising the City Council of their recommendations thereon. As necessary, the City Council may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non-conforming use within the City. The following section should also be noted: Section 4-202 Non-Conforming tlses 1. Continuance of Non-Conforming Uses: Any non-conforming use may be continued in operation on the same land area and on the same floor in a structure of structures which were occupied by the non-conforming use on the effective date of any amendment by which the use became non-conforming, but such land or floor area shall not be increased, except that such limitation shall not apply for farming uses. These sections clearly intend to prevent the enlargement of non-conforming uses and structures. The request is for the 140 x 165 tract only and would place this single tract in the middle of an "R-3" zone surrounded on four sides by "R-3" property. This situation is usually termed spot zoning and is extremely poor zoning practice.