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HomeMy WebLinkAboutOrdinance 895NOT ADOPTED Exhibi~ B ORDINANCE NO. 895 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, cITY CODE OF 1977, PERTAINING TO REGULATION OF RESIDENTIAL STRUCTURES IN COMMERCIAL ZONE The City Council of the City of Col,,mbia Heights does ordain: Section'l: Section 9.403(11) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved shall hereafter read as follows: "9.403(11) No structure within any commercial zone used for dwelling purposes at the time of passage of this Ordinance or thereafter may be converted to or used for any purpose other than as a dwelling without an alteration permit granted pursuant to this section. Applications for alteration permits shall be treated procedurally in the same manner as an application for a variance. All applications for altera- tion permits shall be accompanied by the same fee required for an applica- tion for a variance. Additionally, an applicant for an alteration permit may be required before approval thereof to submit such plans as would or- dinarily be required.for issuance of a building permit and for application for site plan approval. In recommending approval of the site plan, the Board of Appeals and Adjust- ments must make the following findings: (a) Ail structures, the site, and the use of the site will conform to the district requirements for the use proposed'after completion of the alteration in all respects under this Chapter. The applicant must meet the prevailing zoning, building, fire, safety and other Codes for new construction, as contained in this Chapter. (b) The proposed alteration will maintain the outward residential appear- ance of the structure. In making this determination, the City Council or the Board of Appeals and Adjustments, with the consent of the City Council, may employ architects and other experts to provide reports or testimony to assist in making such determination. The review shall consider the proposed site plan and the exterior of the proposed al- tered structure. The Board of Appeals and Adjustments may grant variances in recommending an alteration permit only if such variance meets the criteria contained in Section 9.503(4) andonly if the Board makes findings in accordance therewith. Section 2: Section 6.701(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: Exhibit B "No person, firm or corporation shall remodel, reconstruct, add to, or otherwise alter any residential building now existing in any commercial zone for commercial use." is herewith amended to read as follows: Section'3: "No~person, firm or corporation shall remodel, reconstruct, add to, or otherwise alter'any residential building now existing in any com- mercial zone for Commercial use without having first obtained an al- teration permit granted pursuant to Section 9.403(11)." This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: 9/11/78 Offered by: Seconded by: Roll call: Br~ce G. Nawrocki, Mayor Secretary to the Council -2-