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Regular City Council Meeting <br /> Monday,March 11,2013 <br /> Page 6 <br /> sion, for amending Table 1005-1 of the Commercial/Mixed Use District to allow <br /> those defined uses as permitted uses within the Regional Business District. <br /> Councilmember McGehee questioned the benefit to make this change to what the <br /> Comprehensive Plan Steering Committee apparently recommended as the direc- <br /> tion in which the City should move forward, other than an alleged desire or feel- <br /> ing that owners can't reinvest in their property, when those property owners were <br /> not being asked to discontinue their current activities. <br /> Mr. Paschke clarified that the Comprehensive Plan update had not contemplated <br /> every use, but had provided a broad document based on general discussions and <br /> preferred generic uses guiding particular zoning districts; and addressing select <br /> areas if they had come to the group's awareness. However, Mr. Paschke noted <br /> that this, and several other areas, had not received that type of analysis or specific <br /> discussion of uses (e.g.business versus industrial). <br /> Councilmember McGehee stated that she did not feel comfortable with the word- <br /> ing "generally" and questioned what that terminology meant from a legal perspec- <br /> tive and whether there would be a problem enforcing such terminology. <br /> City Attorney Gaughan advised that there,was no legal definition of the word <br /> "generally." In his reading of that language, City Attorney Gaughan opined that <br /> the last line relates to the previous sentence, and appeared to provide enough <br /> specificity;that generally processing raw materials would be incompatible with an <br /> office park use. In response to Councilmember McGehee's question, Mr. <br /> Gaughan suggested that if she was uncomfortable with "generally disruptive" <br /> terminology,this represented not a legal question but more of a policy decision on <br /> the part of the City Council majority. <br /> Councilmember McGehee questioned what, if any, legal problem there would be <br /> in leaving the definition as currently written, with businesses continuing to oper- <br /> ate as legal, non-conforming uses, for those uses grandfathered in. <br /> City Attorney Gaughan advised that he was not aware of any legal problem. <br /> Councilmember McGehee questioned if those businesses didn't have the ability to <br /> come before the City Council for specific approvals if they wished to expand. <br /> Mr. Paschke advised that the definition under discussion is already included in <br /> City Code, and the only amendment being sought was to include "Limited Pro- <br /> duction and Processing" as a permitted use in Regional Business Districts by add- <br /> ing it to Table 1005-1. Mr. Paschke advised that he was unaware of any legal <br /> process by which the City Council could permit a pre-existing, non-conformity to <br /> expand without changing the Zoning Code accordingly. Based on past discus- <br /> sions with property owners in the community, a non-conforming use immediately <br />