07/08/2009 P&Z Packet - Laserfiche WebLink

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• • • STAFF ORIGINATOR: P & Z MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM V. B Jeff Smyser July 8, 2009 PUBLIC HEARING: Zoning Ordinance Amendment Amending General Business and Limited Business Zoning Districts to Allow Public, Educational, and Religious Uses 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. 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. This is what is under consideration. 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 other application that might be submitted in the future. ANALYSIS Similar Uses in Zoning District A zoning district should allow similar uses that will not create land use conflicts. If a zoning district allow a use that is similar to a new one, it make sense to include the new one in that district. The similarities referred to are the general type of activity, as well as factors such as the traffic generation, parking, need for and impact on the city's utilities systems (water, sanitary sewer, and stormwater management), and potential impacts on other properties. In considering churches, it's useful to describe the general activities and impacts that coincide with churches. Generally, a church is a place of assembly where people congregate for various purposes. The group can be large or small and might participate in religious worship, weddings, pancake breakfasts, dinners, and other social activities. Churches generate traffic and need