2002-33 AMENDING ZONING ORDINANCE

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Economic & Urban Development Department Memorandum # 02-43 April 12, 2002 TO: Honorable or Terry M. Howley and City Council Members FROM: Steve G City Manager A.J. Krieger, sistant City Manage ' SUBJECT: Zoning Ordinance Amendment Schedule RECOMMENDATION: oses onl at this time. Ci staff is This memorandum is being sent for informational purp y ty attempting to deternune City Council's preferred course of action regarding the restaurant/te or facilities section of the amended zoning ordinance. City staff is proposing , � �3' two solutions and is seeking Council's direction. li BACKGROUND: During the April 1, 2002, public hearing, two restaurant/temporary facilities operators addressed Council regazding their opposition to the setback and parking language in the amended ordinance. I At least one of the te r fac' ' o era.tors r uested that his facility be granted , � �'Y �Y P �1 non-conforming use status, and therefore be allowed to legally operate outside the provisions of �'I the amended ordinance. For our reference the section of the Ordinance in question is below: I Y � TEMPORARY FACILITIES: ESTABUSHMENTS WITHIN A MOVABLE, TEMPORARY BUILDING OR A MOBILE �, TRAILER OR SIMILAR VEHICLE, ERECTED FOR SEASONAL SALES OF FOOD OR CONFECTIONS. TEMPORARY ' FACILITIES ERECTED FOR AN EVENT OF FOUR DAYS �URATION OR LESS ARE NOT SUBJECT TO THESE i REQUIREMENTS. TEMPORARY FACIUTIES ESTABLISHED FOR A PERIOD LONGER THAN FOUR DAYS SHALL BE I SUBJECT TO THE FOLLOWING: I! 'I. TEMPORARY FACiLITIES SHALL BE ALLOWED TO OPERATE ONLY BETWEEN MAY 'I AND OCTOBER 3O. ', Z. TEMPORARY FACILITIES SHALL BE SUBJECT TO THE SAME SETBACK REQUIREMENTS AS THE MAIN BUILDING ON THE SAME PROPERTY, AND MAY NOT BE LOCATED WITHIN ANY RIGHT-OF-WAY. 3. PARKING ON THE SITE SHALL BE ADEQUATE TO SERVE TFiE PRINCIPAL USE ON THE PROPERTY AS WELL AS THREE �3� ADDITIONAL PARKING SPACES TO SERVE THE TEMPORARY FACILITY. TEMPORARY FACILITIES ESTABLISHED IN PARKING AREAS MAY NOT DISPLACE PARKING SPACES TO THE EXTENT THAT THE ABOVE REQUIREMENT CANNOT BE MET. 4. SIGNS FOR TEMPORARY FACILITIES ARE ALLOWED ONLY ON THE TEMPORARY FACILITY ITSELF. A SINGLE FREESTANDING TEMPORARY SIGN MAY BE ESTABLISHED FOR THE TEMPORARY FACILITY USE, SUBJECT TO THE REQUIREMENTS OF SECTION XXV. The City's Legal Department has researched the non-confornung use question. Since many of these temporary facilities are violating either the current setback and/or pazking requirements, the granting of a non-conforming use status is not possble. An illegal use under the current ordinance would not be entitled by law to non-confornung status. However, as it was Council's direction to find some way within the Ordinance to accommodate these types of uses, City staff is proposing the following: