2006-04-24 Regular Meeting, Public Hearing and Workshop Meeting

Browse Search

REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 8 2006 Requested By: Wayne S o Department: Planning Report: Resolution: X Ordinance: Exhibits: Staff Report to P&Z Ordinance 1501--- Amendment to Ord. Approariation: N/A Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: NIA Budgeted Item: SUMMARY & RECOMMENDATION City Council directed staff to review, assess and make recommendations pertaining to the issue of Nonconforming Lots of Record, Section 106-268 of the Code of Ordinances. Staff analyzed the relevant sections of the ordinance and discussed at the Council Retreat on January 30, 2006. The process to be followed by Section 106-268 (Nonconforming Lots of Record) is as follows: • Any change in use or occupancy triggers a review of the lot's nonconformity by the Planning Director. • Planning Director reviews the use of the lot for issues of conformity and directs changes and/or modification. • Decisions of the Planning Director are subject to appeal to the Zoning Board of Adjustment. • Nonconforming lots of record may continue without change in boundaries. • Nonconforming lots of record may be used provided that uses are authorized. • No change in use or occupancy unless reviewed by the Planning Director and subject to appeal to ZBOA. In fact, the intent of this section was to include a change in "owner, tenant and/or occupant", as well as the above stated change in use or occupancy. This change may allow the City an opportunity to address issues arising from nonconforming lots of record with a change of individuals. The Planning and Zoning Commission, at the April 20, 2006 meeting, held a public hearing to consider this amendment and recommended Council to add "tenant and/or occupant" to the Section 106-268 of the ordinance. Action Required by Council: 1. Conduct a Public Hearing 2. Approve an ordinance amending Chapter 106 (Zoning) to amend Section 106-268 of the Code of Ordinances. Approved for City Council Agenda 1 C\) 6k Li ebra Brooks Feazelle, City Mana e Date