Item 53 - Zoning Ordinance Amendment (ZOA) No. 2023-01

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Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies). June 6, 2023 Page 2 3 4 4 1 DISCUSSION Background and Overview At the December 20, 2022, and January 17, 2023, regularly scheduled City Council meetings, Council discussed evaluating increasing CUP requirements for noxious uses when located near sensitive receptors from 500 linear feet to 1,000 linear feet and exploring additional standards to regulate massage establishments and their proximity to sensitive land uses, respectively. Subsequently, staff analyzed and intend to address said points of discussion in the proposed ZOA. In addition, further review of Chapter 41 has prompted the need to address various internal inconsistencies. These amendments include updating the article number utilized when referencing the off-street parking in various zoning districts, the terminology when referencing daycare centers, the sections referenced in the Change of a Nonconforming Use section, as well as updating notification requirements to be consistent with the requirements established by the Sunshine Ordinance in Section 2-153 of the SAMC. The proposed amendments are as follows: Table 1: ZOA No. 2023-01 Current and Proposed Text Regulations Topic Existing Zoning Code Regulations Proposed Zoning Code Regulations Noxious Uses The SAMC requires approval of a conditional use permit for noxious uses that require a permit to discharge air contaminants or process or store regulated chemicals or substances when located within 500 feet of a sensitive land use (Sec. 41-199.4). Update Sec. 41-199.4 to require a conditional use permit for noxious uses when located within 1,000 feet of a sensitive land use. Massage Establishments – Separation and Buffers Massage establishments are permissible in various commercial zoning districts subject to approval of a CUP. Update Sec.41-1752 to require a 1,000- foot separation from between massage establishments and 500-feet separation from residentially zoned or used property. Massage Establishments – Discontinuance of Legal Nonconforming Establishments Article VI of Chapter 41 currently does not include standards for discontinuance of nonconforming massage establishments. Proposed amendments include: 1. Message establishments which have a valid COO and Massage Establishment Certificate pursuant Chapter 22 would be deemed a legal nonconforming. 2. Subsequent applications requiring a new COO for any reason other than change in business name with no change in owner of the business would be required to conform to the provisions of Chapter 41. 3. If a nonconforming massage establishment is in violation of any