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Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41
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Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
33
Date
1/17/2023
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<br />Ordinance No. NS-XXX <br />Page 29 of 54 <br /> <br />facilities are permitted only in the M1 and M2 zoning districts with the approval of a <br />conditional use permit. <br /> <br />(c) A land use certificate shall be issued for any small collection facility which complies <br />with the applicable standards set forth in this article. <br /> <br />Section 37. Section 41-1309.1 (Change of use, exceptions) of Chapter 41 of the <br />SAMC is hereby amended to read as follows: <br /> <br />Sec. 41-1309.1. - Change of use, exceptions. <br /> <br />Upon the change of use of an existing building, lot, or a portion of a building or lot, <br />additional parking and loading spaces shall be provided for the new use as required by <br />this chapter over and above the number of parking and loading spaces required by this <br />chapter for the prior use only, with the following exceptions: <br /> <br />(1) Change of use in a historic district or registered historic property. Any change of <br />use permitted in a historic resource shall not be required to provide additional <br />parking to that legally required prior to the change of use. <br /> <br />(2) Change of use in a space under two thousand five hundred (2,500) square feet. <br />The occupancy of any tenant space of less than two thousand five hundred <br />(2,500) square feet in all zones, may be interchanged among the below land <br />uses without the need to provide additional parking beyond that currently <br />provided on-site or in covenanted off-site spaces. The prior use must have been <br />established with a valid business license and certificate of occupancy. Required <br />parking shall be determined by the last occupancy that did not use this <br />subsection in a space under two thousand five hundred (2,500) square feet in <br />all zones. Parking will be determined by section 41-1300. <br /> <br />• Professional, business, and administrative offices <br /> <br />• Service uses <br /> <br />• Medical and dental offices <br /> <br />• Restaurants/eating establishments <br /> <br />• Retail and service activities <br /> <br />• Live/work spaces <br /> <br />• Banks and financial institutions <br /> <br />• Gymnasiums and studios operated for commercial or public purposes <br /> <br />(3) Change in use from industrial to retail as permitted in section 41-472 of this code <br />shall not be required to provide additional parking spaces beyond that provided
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