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Agenda - Council - 12/22/1992
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Agenda - Council - 12/22/1992
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
12/22/1992
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12. <br /> <br />13. <br /> <br />14. <br /> <br />conflict with circulation, access and other activities on the site. Fuel <br />pumps shall be installed on pump islands with protective canopies. <br />Canopies shall maintain a twenty (20) foot setback from property lines <br />as measured from the edge of the canopy. <br /> <br />There shall be no off-street parking or outside sales and display areas <br />within I7.5 feet of an5, street right-of-way. <br /> <br />Open and outdoor storage areas and/or open and outdoor service, <br />sales, display or rental areas shall not encroach on the required off <br />street parking, loading area or traffic maneuvering area required by <br />this Chapter. <br /> <br />Off street parking areas, driveways, traffic maneuvering areas, open <br />and outdoor storage areas, open and outdoor service, sales, display or <br />rental areas shall be surfaced with concrete or blacktop and finished <br />with continuous concrete curbing as recommended by the City <br />Engineer and reflected on an approved site plan. Any site proposing <br />to install any of the above named site improvements is subject to the <br />site plan review process established in Section 9.03.06. Any site not <br />containing the applicable site improvements on January 1, 1993 shall <br />be considered nonconforming and shall come into compliance by <br />January 1, 1997 or upon loss of nonconforming designation, <br />whichever comes first. To the extent possible, the City shall attempt <br />to identify all such parcels which become classified as nonconforming <br />under the provisions of this subdivision and shall notify the property <br />owners and operators in writing of the change in status and the terms <br />and conditions which apply. The owner of any property that is <br />deficient in site improvements may apply to the Council for an <br />extension of the January 1, 1997 compliance date. Any such <br />application shall be in writing and be received by the City no later than <br />September 1, 1996. Failure to submit a timely extension application <br />shall constitute a waiver of the right to request an exception. The City <br />Council may grant such an extension if upon the Council's <br />determination, the applicant demonstrates that the arrlortiT_qtion period <br />is an unreasonable burden upon the business and does not allow <br />adequate time to recover a reasonable return upon the business <br />investment. The applicant shall have the burden of proof to <br />demonstrate hardship with the established compliance date and also <br />the time required for an extension. In making its decision, the Council <br />may consider an3, factor relevant to the issue, including but ot limited <br /> <br />a. The length of rime that the business has been in <br /> operation on the site. <br /> <br />b. The ease by which the property could be in compliance <br /> <br />c. The value and condition of the improvements on the <br /> property. <br /> <br />d. The amount of the applicant's investment in the <br /> business. <br /> <br />e. The amount of investment already realized. <br /> <br />f. The cost of installing the required improvements. <br /> <br />! <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />! <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />
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