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Item 53 - Zoning Ordinance Amendment (ZOA) No. 2023-01
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Item 53 - Zoning Ordinance Amendment (ZOA) No. 2023-01
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Clerk of the Council
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53
Date
6/6/2023
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Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage <br />Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies). <br />June 6, 2023 <br />Page 2 <br />3 <br />4 <br />4 <br />1 <br />DISCUSSION <br />Background and Overview <br />At the December 20, 2022, and January 17, 2023, regularly scheduled City Council <br />meetings, Council discussed evaluating increasing CUP requirements for noxious uses <br />when located near sensitive receptors from 500 linear feet to 1,000 linear feet and <br />exploring additional standards to regulate massage establishments and their proximity to <br />sensitive land uses, respectively. Subsequently, staff analyzed and intend to address said <br />points of discussion in the proposed ZOA. <br />In addition, further review of Chapter 41 has prompted the need to address various internal <br />inconsistencies. These amendments include updating the article number utilized when <br />referencing the off-street parking in various zoning districts, the terminology when <br />referencing daycare centers, the sections referenced in the Change of a Nonconforming <br />Use section, as well as updating notification requirements to be consistent with the <br />requirements established by the Sunshine Ordinance in Section 2-153 of the SAMC. <br />The proposed amendments are as follows: <br />Table 1: ZOA No. 2023-01 Current and Proposed Text Regulations <br />Topic Existing Zoning Code Regulations Proposed Zoning Code Regulations <br />Noxious Uses The SAMC requires approval of a <br />conditional use permit for noxious uses <br />that require a permit to discharge air <br />contaminants or process or store <br />regulated chemicals or substances <br />when located within 500 feet of a <br />sensitive land use (Sec. 41-199.4). <br />Update Sec. 41-199.4 to require a <br />conditional use permit for noxious uses <br />when located within 1,000 feet of a <br />sensitive land use. <br />Massage <br />Establishments – <br />Separation and <br />Buffers <br />Massage establishments are <br />permissible in various commercial <br />zoning districts subject to approval of a <br />CUP. <br />Update Sec.41-1752 to require a 1,000- <br />foot separation from between massage <br />establishments and 500-feet separation <br />from residentially zoned or used <br />property. <br />Massage <br />Establishments – <br />Discontinuance of <br />Legal <br />Nonconforming <br />Establishments <br />Article VI of Chapter 41 currently does <br />not include standards for <br />discontinuance of nonconforming <br />massage establishments. <br />Proposed amendments include: <br />1. Message establishments which <br />have a valid COO and Massage <br />Establishment Certificate pursuant <br />Chapter 22 would be deemed a <br />legal nonconforming. <br />2. Subsequent applications requiring a <br />new COO for any reason other than <br />change in business name with no <br />change in owner of the business <br />would be required to conform to the <br />provisions of Chapter 41. <br />3. If a nonconforming massage <br />establishment is in violation of any
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