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19.06.180 Land uses in the Downtown Overlay Zone (DTO)

            Auto Sales in the Downtown Overlay Zone (DTO) may be allowed as a conditional use when the previous use of the subject property was Auto Sales.  In addition to the guidelines for a conditional use permit, the Planning Commission shall require the following when considering such a use:

            (1)        The site shall become conforming as to landscaping, setbacks, lot area, and all other zoning ordinance requirements.

            (2)        The property owner shall enter into an agreement with the City, which outlines an amortization schedule for the use.  Said agreement and amortization schedule shall state when the use will be terminated.  The original amortization schedule shall not exceed four (4) years.

            (3)        The Planning Commission shall provide a date certain on which said use shall terminate.

            (4)        The Planning Commission may grant extensions to the agreement.  In granting an extension, the Planning Commission should consider circumstances such as a downturn in the market, progress of the development within the Downtown Overlay Zone (DTO) or other conditions out of control of the owner.  Any extensions are subject to termination upon sixty (60) days notice.  Notice may be by mail to the address in the agreement.

Ord. No. 04-31, Enacted 4/1/2004Ord. No. 04-69, Recodified, 12/16/2004