08-14-86 Annexation CommitteeAugust 14, 1986 ANNEXATION CODMTTEE 9:00 a.m.
Chairman Haf£erman and Councilmen Grainger and Manning present. DPW
Hammer, Building Inspector Jackson and Attorney Neier also in attendance.
NON -CONFORMING USE ORDINANCE- A general discussion was held about a new
ordinance drawn up by Attorney Neier that would allow the change of a non-
conforming use to another similar non -conforming use upon review by the
Board of Adjustments. Councilman Manning had requested that the Attorney
draw up this new ordinance because the present one has been too restrictive.
The new ordinance would allow a business be changed to another non-
conforming use upon a conditional use permit by the Board of Adjustments.
In granting the permit the Board shall make a determination that the new
business generates equal or less traffic, maintains current or decreases
hours of operation and generally will be no more offensive than the existing
use. The Board may also require additional conditions or safeguards to en-
sure neighborhood compatibility or mitigate adverse impacts. The new ordi-
nance also states that a change of tenancy, ownership or management of any
existing non -conforming use is allowed.
Howard Grainger said that he had a problem with this new ordinance if
the question would only be heard before the Board of Adjustments and not
before the City Council. Neier and Jackson pointed out that if the vote was
4 to 1 by the Board, then no appeal could be made by the business owner to
the Council, but if the vote was less than that, an appeal could be made.
DPW asked for example, there is a drapery shop across the street from
the High School. What if that was turned into a pinball and video game
shop. How that would that be handled by the new ordinance? Attorney
Neier said that the new business must be no more offensive, generate
equal or less traffic and maintain or decrease the hours of operation,
and a pinball machine etc., shop couldn't exist on 9 to 5 hours, so an
objection could be made on this basis.
The question of parking was discussed and Councilman Manning said
that it would be possible to count up the number of parking spaces at
a present non -conforming use business and the example was given of the
Lighter Side restaurant when they moved from a side street on to Main,
and then paid money in lieu of parking. Those present also discussed
the 180 day grace period, where any part of a building, structure or
land occupied by a non -conforming use business becomes vacant and re-
mains unoccupied for a continuous period of one hundred eighty days
can't be occupied except by a use which conforms to the use regulations of
the district in which it is located.
The one hundred and eighty day period may be extended by the Board
of Adjustment if an application is filed with the board by the owner
prior to the expiration of this time. Only one extension may be granted
and the extension shall not exceed the one hundred and eighty days from
40 the date of request.
P
Glen said to his knowledge he knew of only one case where an owner
had applied for an extension.
Councilman Manning said that perhaps a list of criteria should be
made including parking, etc. and that Ken Jackson might have some ideas
on this subject. He said he was not in favor of giving the Board of
Adjustment too much authority.
Ken Jackson said that the board doesn't allow too much and is a
pretty conservative group. Councilman Hafferman asked who exactly
comprises the board and the answer was that it consists of five appointed
lay people who generally regulate items such as variances and set backs.
Meeting adjourned approximately at 10:15 after it was determined that
this new ordinance will be read at the next council meeting, and discussed
with the other council members for a possible vote.
0