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HomeMy WebLinkAboutResolution 32 - Short Term and Temporary UsesPLANNING COMMISSION RESOLI.~TION ~ 32 A >~ E S O L U T I O N {~ F RECOA~viENDATTON OP APPROVAL OF THE AD r < DEFINITION FOR SORT TET?~Ti USES SECTION 17.08.3 68 AIVD THE ADDITION OI.+' A DEFINI`.PION OF A DEFINrITION FOR TEMPORATI,Y USES SECTION 17.08.383 TO THE ORDINANCE. _ WHEREAS , ~ CITY OF CENTRAL POINT filed applieatipn far ADDITION OF DEFINITION TO THE ZONING ORDINANCE o n SEPT7a'{~~~BER 23 , 1 9 81 ; and , WHEREAS, n©tices of a PUBLIC MEETING pn OCTOBER 6, 1987. held were puF~lished in the Medford Bail Trilaune on and and, , '1981; WHEREAS, testimony from proponents and nppnnents was heard at said PUBLIC MEETING ~ THEREFORE, BE IT ~RESOLUED, that the Central Point Planning Commission APPROVES this RESOLUTION OF R]aCOMl~1ENDATION OF APPROVAL OF THE ADDITION OT' A DEFINITION OF SHORT TE~vi USE, SECTION 17.08.368, "5hor1; Term Use.:." AND THE ADDI'T'ION OF t A .DEFINITION OF T~4iPORARY USE, SECTION 1"7.08.383, "Ternporaxy Use ." Passed by the P~.anning Commission and signed 6y ms in authentication of its passage this 6th clay of OC`PO~EIi, , 1959. ~~ ' ~,.:~ PZann'r~g Commission Chairman RTTEST: ~. %`~~1( Planning Commission Secretary ApprQ~ed try me this 6th day of OCTOBER. , 9981. J t J r~ Planning Commission Ehai~man P1.anning CCJmmissior~ Resolution ~ 32 Page 2. STAFF REPORT Planning Commission Resolution ~~32 Addition. of Definitions to the Zoning Ordinance Temporary Use and Short--Term Use This resolution was prepared for the Planning Commission to correct a deficiency and allow the Planning Commission to take action on requests for uses which wi11 be nonpermanent, usually operating for a set period of tune. Staff had several requests for short-term uses, most of rahich were permitted as conditional uses. Most applicants felt that the filing fee {$100) and the time frame for processing the application {three to four weeks) were not reasonable when they intended to operate for a limited period of tune {farmers' markets, mobile food vendors, craft markets, Christmas tree sales, fireworks stands, etc.). The Planning Commissioners then indicated that they felt that there should be two definitions: Section 17.08.383 - A use of a limited duration, not exceeding Temporary Use five (5) months. Examples might be, but are not limited ta, sidewalk cafes, farmers' markets, mobile food vendors, craft markets, etc. Section 17.08.3b8 - A use of lirrtited duration in a commercial Short-Term Use zone, not exceeding forty-five (45) calendar days. The City Administrator shall cause these Short-Term Use Permits to be issued. This motion creating the definitions for Short-Term and Temporary Uses was passed unanimously by the Planning Commission. i O Planning Commission Meeting October 6, 1981 Page Three Chairman Freeman asked if any of the Commissioners had anything they wanted to add to this. Commissioner Himmelman asked what was desired -- a vote, a decision? Chief Penicook stated that a resolution of intent was needed. Planner Ron Hough felt that this change clarifies what the ordinance was really meant to say in the first place. The tivording originally was not sufficient to meet the original intent of this ordinance. Commissioner Himmelman then made a motion to pass a resolution t~31} of intent to approve the modification to the Zoning Ordinance, Nonconforming Uses, specifically Section 17.56.060, p. 57, Item 8.2. as proposed, to read as follows: "In no case shall a non- conforming use be enlarged or otherwise expanded, and no structure, the use of Y~>hich is nonconforming, shall be moved, altered or en- larged unless required by law or unless such moving, alteration or enlargement wild. result in the elimination of the nonconforming use.". Commissioner Novasad seconded the motion. Roll call vote: Novasad, yes; Himmelman, yes; Frederick, yes; Christy, yes. AlI of the Commissioners voted in favor of the motion, and the motion carried. Chairman Freeman called a five minute recess at 7: 35 P.M. Chairman Freeman called the meeting back to order at 7:40 P.M. 2. Addition of Definition of Temporarv Use to the Zoning Ordinance Chief Penicook explained that this is a new definition that ties in directly with Item 3, Addition of Conditional Uses Allowed in Certain Commercial Zones. FIe then read the proposed definition, and the Staff Report in support of this item. He explained that the Planning Department has had five requests in the last three weeks or so for temporary uses. Therefore, Chief Penicook, Admini- strator Iiucera and Ron Hough of RVCOC felt that a definition should be added to the Zoning Ordinance, specifically as Section 17.08.383. The definition should read as follows: "Temporary Use - A use of a limited duration, not exceeding five (5} months. Examples might be, but are not limited to, sidewalk cafes, farmers markets, mobile food vendors, craft markets, etc." Chairman Freeman felt that it should be explained that temporary uses would not be allowed in "R" zones, just "C" zones. Commissioner Himmelman then asked what the length of time was that is no~v stated in the Zoning Ordinance as a temporary use. Planning Commission A~eeting October 6, 1981 Page Four Chief Penicook advised that there is no time limit now stated in the Zoning Ordinance. Commissioner Himmelman indicated that she felt that Christmas tree lots, fireworks stands, etc., should not have to go through the Planning Commission procedures. Then Chief Penicook stated that maybe another definition could state days for such uses, and they could be called short term uses, rather than temporary uses. Commissioner Himmelman then ~aroposed that there be a permit for short term uses with a reasonable time period granted. Chief Penicook then proposed a definition of Short Term Uses to also be added to the Zoning Ordinance as follo~,*s: "A use of limited duration in a commercial zone, not exceeding calendar days. The City Administrator shall cause these Short Term Use permits to be issued." Chief Penicook explained that the City Administrator would have the authority to choose 'what City employees would approve the Short Term Use permits. All of the Commissioners were in favor of adding the definition of Temporary Use, as long as the definition of Short Term Use was also added as Section 17.08.368 to the Zoning Ordinance. Then the number of days of duration of the Short Term Use permits was discussed, and it was decided that 45 calendar days would be sufficient. Commissioner Christy then asked if there was any provision in the ordinance for permits running consecutively ~i.e., from RTOVember 15 to December 31 of one year, and then immediately reapplying January 1 through February 15 of the next year}. Chief Penicook felt that if someone reapplied, it would then be brought before the Planning Commission and it would be decided what impact the use would have on existing businesses and a decision would be made as to whether or not to grant the additional 45 day period. Commissioner Christy made a motion to pass a resolution of intent {,`32} to add the definition of Temporary Use to Section 17.08.383 to read as follajvs: "Temporary Use -- A use of a limited duration, not exceeding five ~5} months. Examples might be, but are not limited to, sidewalk cafes, farmers markets, mobile food vendors, craft markets, etc."; and and to also add the definition of Short Term Use to Section i7.O8.368 to read as follows: "A use of limited duration in a commercial zone, not exceeding 45 calendar days. The City Administrator shall cause these Short Term Use permits to be issued." Commissioner Himmelman seconded the motion. Roll call vote: Novasad, yes; Himmelman, yes; Frederick, yes; Christy, yes. All of the Commissioners voted in favor of the motion, and the motion carried.