07/27/2009 Council Packet - Laserfiche WebLink

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• • • STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6 D Jeff Smyser July 27, 2009 Ordinance No. 04 -09 Zoning Ordinance Amendment: Amending General Business and Limited Business Zoning Districts to Allow Public, Educational, and Religious Buildings As Conditional Uses and City Code Amendment: Required Distance for Liquor License Shall Not Apply if School or Church Is in Limited Business or General Business Zoning District The zoning ordinance creates zoning districts to regulate the use of land and structures in the city. We have three business zoning districts: Neighborhood Business, Limited Business, and General Business (NB, LB, and GB). Each zoning district lists the types of uses that are allowed. We have received an application to amend the zoning ordinance to allow churches in the GB district, which currently is not allowed. This led to the examination of the other business districts and the requirements included there, as well as other statutes that might be relevant. This research led to the recognition that under federal law, if similar uses are allowed in a zoning district, churches must be treated equally. In addition, the existing City Code regulations for liquor licenses creates a separation of 1000 feet between a liquor license location and a church or school. If a church or school locates in an LB or GB zone and this separation is applied, it would eliminate most of the city's commercial zones as locations for restaurants or other uses that need a liquor license. The application was submitted by a church planning to acquire the vacant site formerly owned by the VFW. However, it is important to recognize that the submitted application only includes amending the ordinance The application does not include review of a church plan or of the conversion of a building into a church. A future application for a conditional use permit for a church on the site will be required_ Approval of the currently requested ordinance amendment does not approve or imply approval of any future application that might be submitted.