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Ordinance - #93-05 - 03/23/1993
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Ordinance - #93-05 - 03/23/1993
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Resolutions & Ordinances
Resolutions or Ordinances
Ordinances
Resolution or Ordinance Number
#93-05
Document Date
03/23/1993
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15. <br /> <br />16. <br /> <br />17. <br /> <br />Subd. <br /> <br />in Section 9.03.06. Any site not containing the applicable site <br />improvements on January 1, 1993 shall be considered <br />nonconforming and shall come into compliance by January 1, 1997 <br />or upon loss of nonconforming designation, whichever comes first. <br />To the extent possible, the City shall attempt to identify all such <br />parcels which become classified as nonconforming under the <br />provisions of this subdivision and shall notify the property owners <br />and operators in writing of the change in status and the terms and <br />conditions which apply. The owner of any property that is deficient <br />in site improvements may apply to the Council for an extension of <br />the January 1, 1997 compliance date. Any such application shall be <br />in writing and be received by the City no later than September 1, <br />1996. Failure to submit a timely extension application shall <br />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 amoritization <br />period is an unreasonable burden upon the business and does not <br />allow 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 <br />Council may consider any factor relevant to the issue, including but <br />not limited to: <br /> <br />a. The ease by which the property could be in compliance. <br /> <br />b. The value and condition of the improvements on the <br /> property. <br /> <br />c. The cost of installing the required improvements. <br /> <br />Open and outdoor storage shall be fenced and screened from view <br />from the public fight-of-way and any abutting residential district. <br /> <br />Open and outdoor service, sales, display or rental shall be fenced or <br />screened from view of abutting residential districts. <br /> <br />All conditions pertaining to a specific site are subject to change when <br />the Council, upon investigation in relation to a formal request, finds <br />that the general welfare and public betterment can be served as well <br />or better by modifying the conditions. <br /> <br />Setbacks <br /> <br />Front ........... 35 feet <br /> <br />Side ............ 10 feet <br /> <br />Side on the secondary . . . 20 feet <br />street side for a comer lot <br /> <br />Rear ............ 35 feet <br /> <br /> <br />
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