[Ord. No. 95-30 § 1, 11-28-1995]
A.
It is the purpose of this Article to limit, except as otherwise provided
herein the processing of building permit applications for construction
of structures on the water's edge of Lexington Community Park Lake
in anticipation of adoption of permanent regulations governing the
establishment and location of Community Park Lake land uses, to promote
the public health, safety and general welfare of the citizens of the
City of Lexington. It is not the intent of this Article to deny development
rights protected by Statute or Constitution.
B.
It is further intent of the City of Lexington to enact new regulations
governing the establishment and location of Community Park Lake land
uses in the most expeditious manner, and to consider any appeals to
construct on the Community Park Lake for the duration of this Article
on the basis of criteria contained herein.
[Ord. No. 95-30 § 2, 11-28-1995]
A.
Except as otherwise provided herein, no City employee, officer, agent,
bureau, department or commission of the City shall accept for filing
any building permit for the construction of structures on the water's
edge of the Community Park Lake nor take any action to process such
applications, including but not limited to acceptance of fees, review
or evaluation of the application, scheduling for public review or
hearing, formulation of conditions or issuance of preliminary or final
approvals of such applications, except as hereinafter may be provided
for.
B.
The City Clerk, Building Official or other City Official responsible
under City regulations for reviewing the building permit application
shall first determine whether the building permit application is for
the construction of structure on the Community Park Lake for which
no exemption is provided pursuant to this Article. In the event that
the application is for construction of a structure on the Community
Park Lake for which no exemption is provided pursuant to this Article,
the official shall take no further action on the permit application
and shall return the application, together with any proffered application
fee, to the applicant with notification that the application will
not be accepted for filing or further processing for the duration
of this Article.
[Ord. No. 95-30 § 4, 11-28-1995]
A.
An applicant for a building permit subject to this Article, who is
aggrieved by the City's decision not to accept for filing or further
process such application, may appeal for relief to the City Council.
The appeal shall be in writing and shall be transmitted to the City
Clerk within ten (10) days of the date of notification that the permit
application will not be accepted for filing or be processed for the
duration of this Article.
B.
The appeal shall be considered by the City Council within twenty
(20) days of the date the appeal is received in the office of the
City Clerk. The City Council shall not release the applicant from
the requirements of this Article, unless the applicant first presents
credible evidence from which the City Council can reasonably conclude
that the delay in processing his application for a building permit
under this Article is likely to substantially deprive the applicant
of property rights protected by Statute or Constitution considering
the nature of the use of the land proposed, other authorized uses
permitted outright or conditionally under the zoning designation,
whether the applicant has a vested property right in development of
the land and the likelihood that such factors will not be adequately
addressed in subsequently enacted zoning regulations. If the applicant
makes such showing, the City Council may reasonably condition authorization
to proceed with the application considering:
1.
Whether the construction on the Community Park Lake in the absence
of standards and criteria contained in the new proposed regulations
governing the establishment and location of such land uses jeopardizes
the City's interest in preventing the improper land uses;
2.
The effect of the land use on the surrounding Lexington Community
Park.
C.
The City Council may take the following actions:
1.
Deny the appeal, in which case the application shall not be accepted
or further processed;
2.
Grant the appeal, and direct that the Planning and Zoning Commission,
Building Official or other official responsible for reviewing the
application accept the application for filing;
3.
Grant the appeal subject to conditions consistent with the criteria
set forth in this Section, and direct that the Planning and Zoning
Commission, Building Official or other official responsible for reviewing
the application accept the application for filing.
[Ord. No. 95-30 § 6, 11-28-1995]
This Article shall not apply to the following applications:
1.
Any application for a building permit, subject to this Article, that
was accepted for filing by the City prior to November 28, 1995.
2.
Any subsequent application for a building permit, subject to this
Article, following approval of an initial application for a building
permit that was accepted for filing by the City prior to November
28, 1995.
3.
Any amendment to a building permit, subject to this Article, existing
on November 28, 1995.
