PURPOSED RECREATIONAL USE IN A LIGHT INDUSTRIAL ZONE

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