75A - PUBLIC HEARING ZONING NO 2020-01 AMEND CH 41

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Zoning Ordinance Amendment No. 2020-08 February 24, 2020 Page 2 are also part of the proposed amendments, and through CUP conditions of approval on a site -by - site basis. The proposed amendments to Chapter 41 (Zoning) of the SAMC and to the SD-19 and SD-40 zoning districts are described and analyzed in Table 1: Summary of Amendments, below. Table 1: Summary of Amendments 41-196 Establishments Selling Issue: In 2013, new standards were approved for Alcoholic Beverages: alcohol sales and a typo was erroneously adopted, Amends the Public incorrectly citing exemptions to separation Convenience or Necessity requirements for off -sale establishments of less than (PCN) process and 10,000 square feet in size, and ambiguous language distance exemptions for was included leaving uncertainty in the application of proposed off -sale alcohol operational standards for off -sale establishments. licenses. Amendment Resolution: Correctly cites the two conditions of approval for a PCN that may not be waived, which are: 1) 1,000 linear foot distance from other establishments with an off -sale alcohol licenses; and 2) 1,000 linear foot distance to properties used for schools attended by minors, religious institutions, or for park purposes. Clarifies operational standards for off -sale alcohol licenses to include terms such as "shall" to ensure compliance with said standards. 41-766 Interpretation of Issue: The zoning code currently has an section Regulation: Authorizes addressing interpretation of ambiguous language but the Executive Director of is vague and does not authorize any government the Planning and Building body to interpret the ambiguity. Agency to have the ability to interpret any ambiguity Amendment Resolution: Authorizes and gives the within Chapter 41. Executive Director of the Planning and Building Agency the ability to interpret ambiguous language within Chapter 41 or defer the matter to the Planning Commission. 41-1341 Drive -Through Issue: Current code standards do not explicitly state Standards: Amends the points from which to measure the stacking lanes stacking and queuing nor do they account for current trends in drive - language. through design (i.e., having a pay window and pick-up window). Amendment Resolution: Clarifies the exact point from which to measure the stacking and queuing length requirements for drive -through establishments and makes language consistent with the citywide design guidelines. 75A-18