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March 25, 2021 City Council Regular Meeting
Title
22. Petition of Bridget Lidy (Agent) on behalf of The Mayor and Aldermen to Amend Article 3.0 Application and Review Procedures (Sec. 3.21 Variances, 3.23 Appeals, 3.24 Relief for Nonconforming Uses and Structures) and Article 8.0 Use Standards (8.4.24 Animal Services, Indoor, 8.4.3 Office, Medical, and 8.8.3 Permitted Temporary Uses). File No. 21-000448-ZA.
Strategic Priority
Good Government
Description

Since the adoption of NewZo in the summer of 2019, The Metropolitan Planning Commission (MPC) and City staff continue to update and advance ordinance requirements that may have been overlooked at the time but are in keeping with the intent of the current ordinance.

Staff discovered that the limitations pertaining to 3.21 Variance Applications, 3.23 Appeals Applications, and 3.24 Nonconforming Uses and Structure Applications were not included in the new ordinance.   Without limitations, applicants could request the same variance, appeal, or approval of a nonconforming use/structure after denial by the review authority without changing the initial request. This update seeks to place a prohibition on above mentioned applications for twelve (12) months from the date of the written decision by Zoning Board of Appeals for 3.21, 3.23 and 3.24 or the Planning Commission for 3.21.

In September of 2020, the Planning Commission tasked MPC Staff with reviewing the TN Zoning Districts uses and use standards, as it was brought to their attention that certain uses may be appropriate to be permitted uses within the TN-1 and TN-2 Zoning Districts, as they were compatible with other similar uses.

Finally, Section 8.5 Industrial Use Standards for Limited and Special Uses and Section 8.8.3 Permitted Temporary Uses was updated, however subsection formatting was not adequately addressed. This update seeks to address the formatting so that it is updated and correct.

Recommendation

On February 2, 2021, the Planning Commission approved the petition of Bridget Lidy (Agent) on behalf of The Mayor and Aldermen to amend these sections of the Zoning Ordinance:

  • Article 3.0 Application and Review Procedures (3.21 Variances, 3.23 Appeals, 3.24 Relief for Nonconforming Uses and Structures); and  
  • Article 8.0 Use Standards (8.4.24 Animal Services, Indoor, 8.4.3 Office, Medical, and 8.8.3 Permitted Temporary Uses). 
Contact
Bridget Lidy, Planning and Urban Design
Financial Impact
N/A
Review Comments
Attachments
Exhibit 1: MPC Recommendation Packet
Exhibit 2: Draft Ordinance
Agenda Plus