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Item 53 - Zoning Ordinance Amendment (ZOA) No. 2023-01
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Item 53 - Zoning Ordinance Amendment (ZOA) No. 2023-01
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
53
Date
6/6/2023
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Ordinance No. NS-XXX <br />Page 4 of 10 <br />Establishments) of this Code, prior to the effective date of this section, shall <br />be deemed a nonconforming massage establishment. <br /> <br />(b) If a nonconforming massage establishment requires a new certificate of <br />occupancy for any reason other than a change in business name with no <br />change in ownership of the business, the nonconforming status shall be lost <br />and any subsequent use must conform in every respect to the provisions of <br />this chapter. <br /> <br />(c) If a nonconforming massage establishment is in violation of any applicable <br />federal, state, or local regulation for a period of sixty (60) consecutive days, <br />receives three (3) noncompliant notices from a federal, state, or local <br />regulatory agency in a one (1) year period, or is in violation of any applicable <br />federal, state, or local regulation for a total of ninety (90) days in a one (1) <br />year period, the nonconforming status shall be lost and any subsequent use <br />of the building shall conform in every respect to the provisions of this chapter. <br /> <br />Section 6. Section 41-685 (Change of a nonconforming use) of Chapter 41 of <br />the SAMC is hereby amended to read as follows: <br /> <br /> Sec. 41-685. – Change of a nonconforming use. <br /> <br />(a) The conversion of a residence in any commercial or industrial district to a use <br />permitted in that district shall conform in every respect to all requirements and <br />conditions set forth for such new use by this chapter. <br /> <br />(b) Except as specified in section 41-685.5, 41-683.6, and 41-683.7, a commercial <br />use in the M1 or M2 district which is a nonconforming use by reason of the <br />absence of a conditional use permit may be changed to another commercial use <br />without the necessity of obtaining a conditional use permit. <br /> <br />Section 7. Section 41-650.5 (Suspension of conditional use permits, <br />variances, minor exception permits, and other land use entitlements) of Chapter 41 of <br />the SAMC is hereby added in its entirety to read as follows: <br /> <br /> Sec. 41-650.5. - Suspension of conditional use permits, variances, minor <br /> exception permits, and other land use entitlements. <br /> <br />(1) The Executive Director of the Planning and Building Agency after notice by mail <br />to the legal owner of the property and to the tenant of said property may <br />immediately suspend a conditional use permit, variance, minor exception, or <br />other land use entitlement on any one (1) or more of the following grounds: <br /> <br />(a) Failure to comply with conditions of approval, if granted subject to <br />conditions. <br /> <br />(b) Evidence available at the time of review that was not available when the <br />permit was granted that could not have been obtained with reasonable
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