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PURPOSED RECREATIONAL USE IN A LIGHT INDUSTRIAL ZONE
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PURPOSED RECREATIONAL USE IN A LIGHT INDUSTRIAL ZONE
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1/3/2012 1:31:40 PM
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Legal Opinions
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PURPOSED RECREATIONAL USE IN A LIGHT INDUSTRIAL ZONE
Date
3/6/1973
Agency
Planning & Building
Notes
OPINION 73-20
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the term "service" as it appears in the zoning ordinances <br />was intended to be construed broadly enough to include <br />recreational and entertainment activities. Thus, in <br />SAMC Sec. 41-365, setting forth the permitted uses in a <br />C-1 zone, subsection (c) refers to "other retail or service <br />uses...including: (paragraph (16)(iii) thereunder) <br />outdoor and indoor recreational uses...." Likewise, SAMC <br />Sec. 41-424(a), pertaining to C-5 districts, refers to <br />"other retail or service uses including... (6) miniature <br />golf courses, but excluding all other outdoor recreational <br />facilities...." <br />Second, when subsection (13)(a) speaks of a use <br />"permitted" in commercial districts, does it include <br />conditional uses in such districts, or does it mean uses <br />permitted unconditionally? In general, recreational uses <br />in commercial zones are allowed, if at all, only as con- <br />ditional uses. The apparent intent of (13)(a) is to <br />allow any use in an M-1 zone to the same extent that it <br />may be allowed in commercial zones, subject to no greater <br />restriction than the obtaining of a conditional use permit. <br />Thus "permitted use" should be interpreted to include <br />conditional uses. There is further evidence that such a <br />broad definition of "permitted" was intended in the fact <br />that throughout the zoning ordinances conditional uses <br />are listed in the sections entitled "Uses permitted." <br />"- Finally, when subsection (13)(a) speaks of uses <br />permitted in "any" commercial district, does it mean <br />"each and every" commercial district, or does it mean <br />"at least one" commercial district? The various commercial <br />zones differ in their treatment of recreational uses. As <br />noted above, recreational uses are permitted in C-1 districts, <br />while, with the exception of miniature golf courses, they <br />are expressly excluded from C-5 districts. It is submitted <br />I that the more natural reading of subsection (13)(a) would <br />be to the effect that if there is any commercial use <br />district which does allow a specific type. of use, then such <br />use is also permitted in an M-1 zone. <br />For the above reasons, it is concluded that a <br />recreational use constitutes a permitted service use of <br />property in a commercial use district, and that it is <br />therefore permissible in an M-1 zone as a conditional use, <br />pursuant to SAMC Sec. 41-472 (13)(a). <br />Respe/~/tfully submitted, <br />s ~~- <br />L- ~ w~,_, <br />- ~.- <br />Richard E. Lay <br />Deputy City Attorney <br />42 <br />
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