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Lowry Crossing City Zoning Code

§ 6

“TR1” TEMPORARY R1 ZONING DISTRICT FOR ANNEXED TERRITORY AND SOME SPECIAL USES.

6-1 
There is hereby created a zoning classification known as “TR1” Temporary R1 District.
6-1.1 
TEMPORARY ZONING FOR ANNEXED TERRITORY
All territory hereinafter annexed to the city of Lowry Crossing shall be classified as “TR1” TEMPORARY R1 DISTRICT unless another zoning classification is established by a zoning change at the time of annexation and such zoning change is granted by ordinance adopted pursuant [to] the usual procedure for the grant of a zoning change according to law. Provided, however, a zoning change application may be filed in conjunction with the annexation request and in such a case the notice of zoning hearings may be given before adoption of the ordinance annexing the property but the zoning hearings and the adoption of the zoning change ordinance should follow the adoption of the ordinance annexing the property but may be done on the same day.
In an area determined to be temporarily classified as a “TR1” Temporary R1 District under the terms of this subsection no new use other than the lawful use in existence at the time of the “TR1” classification shall be permitted until a new permanent zoning classification is granted by ordinance adopted pursuant [to] the usual procedure for the grant of a zoning change. Any such use lawful use in existence at the time of the classification, other than a use that would comply with the regulations of an “R-1” district shall be considered nonconforming uses or structures.
6-2 
TEMPORARY ZONING AFTER TERMINATION OF SOME SPECIAL USES
If at the time of the grant of a Special Use Permit pursuant to the provisions of Section 18 of this ordinance, the property is given the “basic” classification of “TR1” Temporary R1 District together with the grant of the special use, and the permitted special use is thereafter terminated or abandoned as provided in said section, no person shall construct any building or add to or alter any building or structure or cause the same to be done nor shall any new use be located therein or on the land until such territory has been classified as a zoning district other than the “TR1” Temporary R1 District.
Special Note of Explanation: Pursuant to the Special Use Section of this ordinance property zoned for a special use retains or shall be given a “basic” zoning classification and the special use permit shall be in addition to the authorized uses under the basic zoning of the property. The “basic” land use district regulations are applicable for any of the other permitted uses. The regulations of the “basic” classification shall also apply to the granted “special use” unless changed at the time of the grant of the special use permit zoning. Therefore, any special condition or regulation established by the grant of the special use shall control the special use and supersedes any conflicting basic condition or regulation, however, where the grant of the special use is silent as to a condition or regulation that is imposed by the basic classification of the property, the basic condition or regulation shall control. If the “basic” classification given in connection with a special use permit is the “TR1” district, this temporary zoning classification remain[s] in place if the special use is terminated.
6-3 
TEMPORARY ZONING AFTER OTHER OCCURRENCES
As stated in Subsection 5-9 above where physical features of the ground are at variance with information shown on the official Zoning District Map, or if there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of Subsections 5-1 through 5-8 or the zoning of property is invalidated by a final judgment of a Court of competent jurisdiction, the property shall be classified “TR1” Temporary R1 District. Pursuant to subsection 5-10 above no person shall construct any building or add to or alter any building or structure or cause the same to be done nor shall any new use be located therein or on the land other until such territory has been classified as a zoning district other than the “TR1” Temporary R1 District by zoning change application which shall be initiated by the Planning and Zoning Commission as soon as practicable.
(Ordinance 110 adopted 8/3/99)