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Item 39 - Urgency Ordinance to Amend various sections of Chapter 41 (Zoning) of the SAMC
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Item 39 - Urgency Ordinance to Amend various sections of Chapter 41 (Zoning) of the SAMC
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Agenda Packet
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Clerk of the Council
Item #
39
Date
12/20/2022
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ZOA No. 2022-07 – Urgency Ordinance <br />December 12, 2022 <br />Page 4 <br />3 <br />1 <br />4 <br />8 <br />state, or federal agency when located within 500 feet of a public park, school, or a property <br />used or zoned for residential purposes. <br />To buttress this new amendment, staff also proposes to create a new Section 41-683.6 <br />(Discontinuance of nonconforming noxious use) to require these types of businesses that <br />do not have a CUP and are nonconforming to comply with development standards and <br />CUP requirements when a business changes ownership, requires a new Certificate of <br />Occupancy, or is in violation of any applicable federal, state, or local regulation for a <br />period of sixty (60) consecutive days, receives three noncompliant notices, or is in <br />violation for a total of ninety (90) days in a one year period. <br />Professional, Business, and Administrative Office; Counseling Services; Medical Offices <br />Chapter 41 of the SAMC currently does not provide a definition for “professional, <br />business, and administrative office,” and zoning districts where the use is permitted utilize <br />inconsistent terminology. Staff is proposing to create a new Section 41-127.5 to define <br />“professional, business, and administrative office” and to amend the uses permitted <br />sections of various zoning districts where the use is permitted to utilize consistent <br />terminology and provide clarity. <br />Chapter 41 of the SAMC currently permits “counseling services” in the General <br />Commercial (C2) zoning district subject to a CUP, but Chapter 41 does not provide a <br />definition for the use. As such, businesses offering counseling services have attempted <br />to operate in zoning districts where the use is not permitted under the impression that the <br />use could be classified as a “professional, business, and administrative office” or a <br />“medical office.” To provide clarity to prospective businesses, staff is proposing to create <br />a new Section 41-44.6 to define “counseling services.” <br />Chapter 41 of the SAMC currently does not provide a definition for “medical office,” and <br />zoning districts where the use is permitted utilize inconsistent terminology. The lack of a <br />definition and utilization of inconsistent terminology, staff spends an inordinate amount of <br />time providing members of the public and prospective business operators clarification on <br />what business uses are categorized as a medical office and where the use is permitted. <br />Staff is proposing to create a new Section 41-121 to define “medical office” and to amend <br />the uses permitted sections of various zoning districts where the use is permitted to <br />provide consistency in terminology and clarity. The amendments would also permit <br />medical offices operated by government, government-subsidized, not-for-profit, or <br />philanthropic entities subject to approval of a CUP. <br />The above referenced definitions and amendment are needed to effectively carry out <br />regulations and provide for their enforcement, without which the City would be in a <br />precarious and untenable position when reviewing applications and making <br />determinations to approve or deny a land use.
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