Tricounty News

City of Kimball Resolution to Amend Zoning Ordinance Section 1110.04




SECTION 1110.04 -


Councilmember Paula Capes introduced the following resolution and moved for its adoption:

WHEREAS, the City Council held a public hearing on Tuesday, January 17, 2012, to amend Ordinance Section 1110.04 to read as follows:

1110.04 Conditional Uses. The following uses shall not be permitted without a conditional use permit:


Junior and Senior High Schools

Lodging and rooming houses


Home occupations

Limited commercial use in existing non-residential buildings

The intent of this conditional use is to allow for light commercial uses in existing non-residential buildings at the time of adoption of this ordinance, which use shall create no negative impact to the surrounding residential neighborhood. In order to qualify for this conditional use, the following conditions must be met:

The proposed use shall be operated within the building with no outside storage;

There must be adequate off-street parking;

The use shall create no noise, vibration, odor, smoke or dust which may impact adjacent properties;

Screening may be required between the property and adjoining residential properties as determined by the Planning Commission and Council;

The hours of operation shall be limited to 7:00 a.m. to 8:00 p.m.;

The use of the building may not be extended or expanded by adding onto the building structure;

If the structure is destroyed by any cause to an extent exceeding 50 percent of its fair market value as indicated by the records of the County Assessor, any future structure on the site, including rebuilding the remains of the destroyed structure, shall be limited to the permitted uses for the Urban Residential District. In the event of such destruction, the limited commercial use will no longer be allowed; and

Any change in the permitted use will require reapplication for another conditional use permit.

The foregoing resolution was duly seconded by Council Member Nate Osmundson and upon being put to vote the following voted in favor: Tammy Konz, Joe Krippner, Paula Capes, Nate Osmundson. The following voted against the same: Eric Loewen.

This amendment is adopted the 17th day of January, 2012, and shall be effective upon publication.


By Tammy Konz, Mayor

By Leslie Arnold, Zoning Administrator

This amendment was published on January, 26, 2012.

Published in the Tri-County News Thursday, Jan. 26, 2012.