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OFFICE OF THE CITY ATTORNEY <br />OPINION NO. 7~-20 <br />MARCH 6, 1973 <br />SUBJECT: Proposed recreational use in a light <br />industrial zone. <br />REQUESTED BY: Planning Director <br />OPINION BY: James A. Withers, City Attorney <br />BY: Richard E. Lay, Deputy City Attorney <br />QUESTION: Where it is proposed that land in an <br />M-1 light industrial zone be used for <br />a recreational development, including <br />rides, a "petting zoo", and eating <br />establishments and shops, would a <br />conditional use permit be sufficient <br />to allow such use, or would a variance <br />be required? <br />ANSWER: A conditional use permit would be sufficient. <br />ANALYSIS <br />The question is one of statutory interpretation. <br />The uses permitted in an M-1 zone are set forth in SAMC <br />Sec. 41-472. In subsection (13)(a), it is provided that <br />"any retail or service use permitted in any commercial <br />district" may be allowed in an M-1 zone under a conditional <br />use permit. With the exception of "restaurants", none <br />of the proposed uses would be permissible, except by way <br />of a variance, unless permitted under subsection (13)(a). <br />Retail shops and eating establishments would of course be <br />permitted under this subsection, since they constitute a <br />retail use which is unconditionally permitted in every <br />commercial use district. <br />With regard to the proposed uses which are "re- <br />creational," such as the rides and the zoo, certain problems <br />arise in the interpretation of subsection (13)(a). <br />First, is a "recreational use" a "retail or <br />service use" within the meaning of (13)(a)? If not, then <br />a variance would be required to allow the proposed re- <br />creational uses in an M-1 zone. However, it appears that <br />41 <br />