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 3 3 4 4 1 applicable federal, state, or local regulation for a period of 60 consecutive days, receives three noncompliant notices from a federal, state, or local regulatory agency in one-year period, or is in violation for a total of 90 days in a one-year period, the legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of Chapter 41. Change of a Nonconforming Use Sec. 41-685 does not reference section 41-683.6 or the proposed 41-483.7 which detail specific permissibility for noxious uses and massages establishments when changing a nonconforming use. Amend the section to reference recently amended section 41-683.6 and proposed section 41-683.7. Suspension of Conditional Use Permit, Variance, and Minor Exception Permits Article V of Chapter 41 details the requirements for granting a conditional use permit, variance, or minor exception and for revoking those permits. However, it does not address suspension of such permits. Add Sec. 41-650.5 to permit suspension of conditional use permit, variance, minor exception permits, and other land use entitlements for a period of up to 90 consecutive days when failing to comply with applicable regulations or conditions of approval. Off-street parking in the Community Commercial (C1) zoning district Sections 41-371, 41-206, 41-222, 41- 302, 41-318, 41-383, 41-417, 41-478, and 41-577, currently incorrectly references Article IV, when the corresponding article number should be XV. Update Sections 41-371, 41-206, 41- 222, 41-302, 41-318, 41-383, 41-417, 41-478, and 41-577, to reference to the correct off-street parking article. Daycare center Sec. 41-150.5 provides a definition for schools and references “child day care,” a term that was replaced by “daycare center.” Delete references to child day care in the definition for “schools” and replace with the new term “daycare center.” Notification Requirements Various sections of the zoning code contain notification requirements ranging from 300 to 500 feet, which are inconsistent with the notification standards in Section 2-153 of the SAMC (Sunshine Ordinance). Amend various sections (41-663 and 41- 672) to require notifications pursuant to the Sunshine Ordinance requirements in Section 2-153 of the SAMC.