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Zoning board recommends city correct code tables after 2019 codification error
Summary
The board voted to forward a positive recommendation to City Council to amend zoning-code tables (including 154-4031 b and g) that erroneously allowed agricultural and industrial uses across inappropriate districts after a 2019 ordinance; staff traced the problem to a 2019 codification/copy error and will restore pre-2019 permissions.
The Galena Zoning Board of Appeals voted Wednesday to forward a positive recommendation to the City Council for a text amendment that corrects errors in the city’s zoning-code use tables, including tables referenced as 154-4031(b) and (g).
Staff told the board that during codification in 2019 — at the time the city adopted a cannabis ordinance — a copy-and-paste error (noted by staff review) resulted in agricultural and industrial uses being listed as permitted in many residential and commercial districts where they should not have been allowed. City staff and a records review by Sam (city staff) identified the change; American Legal (the codification provider) had published the tables as submitted. The proposed text amendment would revert the permitted uses to the pre-2019 configuration and reinstate the original intended use-table entries.
The board held a public hearing, reviewed the rezoning/text-amendment criteria on the record and found the change corrects an error, is compatible with the comprehensive plan, and reduces exposure to potential adverse impacts such as inappropriate industrial uses in residential districts. The board concluded the amendment brings the code back into conformance with adopted zoning regulations and the comprehensive plan and voted to forward a positive recommendation to the City Council.
The action sends the amendment to the City Council for final consideration; staff said one isolated agricultural-table error was already corrected with American Legal and the current amendment addresses the remaining tables. The city will follow its standard ordinance-amendment process, including council review and final codification.
