07-16-1987 Public Hearings and Regular Meeting

Browse Search

• o • Planning & Zoning Meeting Minutes of July 16, 1987 Page 2 On the agenda next - Consider recommendation for Special Conditional Use Permit for New Jerusalem Church of God In Christ. Speaking for the Church was Rev. Haggerty, Pastor. They are wanting to get permission to build a multi-purpose building at the present location of the Church. This will be a recreational/education building and they also are proposing a parking lot adjacent to their existing facility. At this point, Chairman Latimer closed the public hearing. The next item on the agenda was to discuss the impact of the zone change on the comprehensive plan. Chairman Latimer called on Mark Lewis, Inspector, to go over the zone change that Mr. Jackson has requested in reference to the comprehensive plan. Mark explained that the use for the tract would be for boat and recreational vehicle storage; review of the City Ordinance use table and the SIC Manual has not yielded a specific use number for this type of facility. There are some use numbers that could be applied to this type of establishment, they are ~~4222/~~4226 which is listed as Public Warehousing, these uses • are permitted in B.I., L.I. H.I. zones. Another use number that might be applied is 44469, which is Water Transpertation Services, this use number specifically includes storage and repair of boats, but is not listed anywhere in the zoning ordinance. We have not found any use listing for R.V. storage. Table 6-400 of the ordinance does list open and outdoor storage as a G.C. use, subject to the requirements of 6-600(b), which are the screening from public view requirements. Because this proposal does fall into a gray area of the ordinance, we are first going to ask you, as the P & Z Commission, to determine the suitability of this use for a G.C. zone. In making this determination you might wish to refer to Section 301 of the Zoning ordinance; this is the G.C. purpose section of the ordinance. Section 4-200 addresses the non-conforming uses, which you may also want to refer to. Another section applying is Section 4-202 on non-conforming uses. Mark informed the committee that with the new zoning request, the property would be bordered on four (4) sides by "R-3" property, this situation is usually termed as "Spot Zoning" and is normally considered to be a poor zoning practice. In conclusion, the request is not in conformance with the land use plan, this land would become an island of "GC" with an "R-3" zone. This zone change request does appear to be contrary to the intent stated for non-conforming uses. Based on the information there is no technical support for this proposal zone change request. Chairman Latimer asked John Armstrong, Asst. City Attorney to bring up a few points on "Spot Zoning". Mr. Armstrong quoted from a legal • book "once a zoning ordinance has been adopted, problems arise with regard to changing it or granting relief from it's provisions. Such relief for changes often give rise to allegations of "Spot Zoning". "Spot Zoning" by definition is invalid, because it amounts to an arbitrary copious and unreasonable treatment of a limited area within a particular zoning district, as such it departs from the comprehensive plan. It singles out a parcel of land for special treatment or