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Ordinance 2003-190
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Ordinance 2003-190
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Last modified
8/8/2013 2:13:32 PM
Creation date
1/25/2006 4:41:07 PM
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CityClerk-Ordinances
Ordinance Number
2003-190
Date (mm/dd/yyyy)
12/18/2003
Description
Amend Sec 302 of LDRs/Allow City Mgr to make Determination.
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<br />site plans and any other approval, condition or action contemplated by these LDRs <br />and the Comprehensive Plan. <br /> <br />B. Determinations Concerning Uses Or Characteristics Of Uses Not Specified. <br /> <br />( i) Applicability. <br /> <br />Where there is substantial doubt as to whether a particular use or uses. or <br />classes of uses. or characteristics of use not specifically identified in this <br />zoning ordinance. are of the same general character as those listed as <br />permitted or conditional uses. or where use restrictions are either not <br />provided or require interpretation. the City Manager or his designee. upon <br />request from any administrative agency. officer or department head of the <br />City. or on his own initiative. shall make a determination in these matters. <br />or. on any issue regarding the development review process or intent of the <br />land development regulation involved. Slhe shall give due consideration <br />to the intent of the zoning regulation concerning the district involved. the <br />character of uses specifically identified. and the character of the use of <br />uses in question and the intent of the drafters. <br /> <br />(ii) Appeal. <br /> <br />On a determination made by the City Manager in the manner set out <br />above. an application for an appeal from such determination may be made <br />to the Cit Commission in writin s ecif in the ounds for error v..ithil'l <br />f5 da s from the issuance of the Cit ' s Mana er's <br />decision. The application for appeal from the determination or <br />interpretation shall be scheduled for hearing before the City Commission <br />at the next regularly scheduled City Commission meeting. <br /> <br />(iii) Effect of findings by City Manager. <br /> <br />If in making the determination the City Manager finds that the <br />determination or interpretation. as set forth in 302B.(i) above are of <br />unusual or transitory nature. or are unlikely to recur frequently. and unless <br />his determination thereon is reversed on grounds of error on appeal to the <br />City Commission. the determination shall thereafter be binding on all <br />officers and agencies of the City as an administrative ruling. and without <br />further action on. or amendment of this zoning ordinance. <br /> <br />Where the City Manager or City Attorney finds. in making the <br />determination or interpretation as set forth in ~302B.(i) above that such <br />determination or interpretation is likely to lead to public uncertainty and <br />confusion. the City Attorney shall initiate a proposed amendment to the <br />Land Development Regulations to rectify the omission. Notwithstanding <br />the foregoing. until final action has been taken on such proposed <br /> <br />Ordinance Establishing City Manager Determinations <br /> <br />2 <br />
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