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Ord 2006-045
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Ord 2006-045
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Last modified
8/27/2007 8:54:02 AM
Creation date
8/27/2007 8:47:44 AM
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Template:
City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Amendment
Number
2006-45
Date
9/19/2006
Volume Book
169
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<br />SECTION 40. Section 4.3.4.5(d) of the City Land Development Code is amended as I <br />follows (underlining indicates added text; overstrike indicates deleted text): <br /> <br />Section 4.5.3.5 <br /> <br />Substitution of Nonconforming Uses <br /> <br />(d) All mobile home and manufactured home uses that have a Conditional Use Permit <br />or legal nonconforming use status on the effective date of this Land Development <br />Code shall be deemed legal nonconforming uses for a period of one year (365 <br />days). Within that ~ one year period after notification, such uses and other mobile <br />or manufactured homes or parks shall have the opportunity to meet the standards <br />of Section 4.2.1.14. (e f) (1) c. through g. in order to maintain their legal <br />nonconforming use status after the one year period has expired. Any mobile <br />home or manufactured home use that does not meet these standards or has not set <br />UP a schedule to meet the standards within an additional the--one year time period <br />shall be declared an illegal use upon the expiration of the one year time period. <br /> <br />SECTION 41. Section 4.5.3.7(b)(5) of the City Land Development Code is amended as <br />follows (underlining indicates added text; overstrike indicates deleted text): <br /> <br />Section 4.5.3.7 <br /> <br />Special Exceptions for Nonconforming Uses and Structures <br /> <br />(b) <br /> <br />The ZBOA may grant special exceptions for the following: <br /> <br />I <br /> <br />(5) To allow off-site parking where all or part of the minimum number of parking <br />spaces required in Chapter 6, Article 2 (Parking) are located within 300 feet on a <br />lot or tract of land that is legally separate from the property containing the <br />principal use served by the parking area, provided that: <br /> <br />a. <br />b. <br /> <br />Both lots or tracts are under the same ownership; or <br />It can be established that two or more uses, applying jointly and <br />concurrently for the special exception, will be sharing a parking area that <br />~may be on property that is not under the same ownership as one or more <br />of the uses to be served by the parking, where the shared parking area has <br />a capacity of at least the minimum number of spaces for the use having the <br />greatest minimum requirement, where all uses have their primary need for <br />parking during offsetting periods so that the parking area will be utilized <br />by only one principal use at a time, and where the arrangement is <br />documented through a long term lease or other '.witten agreement. and an <br />arrangement is documented through a long-term lease, easement or other <br />written agreement. Such exception may be granted only if the agreement <br />provides that either: <br /> <br />I. The shared parking area has a capacity of at least the minimum <br />number of spaces for the use having the greatest minimum <br /> <br />I <br /> <br />Page 24 of 50 <br />
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