PL PACKET SPECIAL MEETING 06042012

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May 25, 2012 Page 2 B. Key Findings. The study drew a number of conclusions based on the study purpose outlined above. 1. Meaning of `assembly' as used within the existing Zoning Code. The Zoning Code exists in Chapter 152 of the City Code. It contains an "intent and purpose" and defines and describes nine separate zoning districts in which certain uses may occur as "permitted uses" or "conditional uses." Each zoning district has a stated purpose as contemplated by the underlying planning goals of the City. "Churches, synagogues, and temples" are allowed within certain residential districts. "Assemblies, meeting lodges, and convention halls" are allowed within commercial and light industrial districts. These terms have distinct and separate intended meanings. The Zoning Code arguably prohibits places of worship within non - residential districts because the use of a religious assembly does not fit the type of assembly use allowed within the Zoning Code. 2. City intent for religious assemblies in C and LI districts. Because the city has little of its space devoted to, and available for, commercial or light industrial use, it is important that the city properly determine what types of permitted or conditional uses may exist within these valuable zoning districts. The zoning districts allow for permitted uses and conditional uses. A permitted use is "[a] use expressly authorized by the zoning code for a particular district or districts." City Code § 152.008 (Zoning Code definitions section). A conditional use is "[a] use which is not classified as a permitted use but which may be permitted subject to conditions imposed by the City Council." Each zoning district has a specifically stated purpose. Besides having different planning goals and intentions, the zoning districts also differ in their allowance of certain types of religious or secular "assemblies." The R -1 Single Family District, the R -2 Two - Family District, the R -3 Townhouse District and the R -4 Multiple- Family District all allow for a permitted conditional use of "Churches, temples, or synagogues and their supporting homes, convents, or rectories." The C General Commercial District allows for the permitted conditional use of "Assembly, lodge or convention halls." The C District does not specifically permit places of worship, churches, or religious assembly of any kind. The LI Light Industrial District allows for the permitted conditional use of "Assembly, meeting lodge, or convention halls." The LI District does not specifically permit places of worship, churches, or religious assembly of any kind. The Zoning Code does not define churches, temples or synagogues, nor does it define assembly, meeting lodge, or convention halls. The Zoning Code specifically allows for churches, temples, or synagogues within certain residential zoning districts. The Zoning Code specifically allows for assemblies, meeting lodges, or convention halls within the commercial and light industrial zoning districts. The study found that a difference exists between the city's intended meaning of "churches, temples or synagogues" and "assemblies, lodges, or convention halls." 3. Ensure potential amendments do not conflict with intent of commercial and light industrial districts. Commercial District The purpose of the city's commercial zoning district is "to provide areas for retail sales and services located and regulated so as to minimize adverse effects on neighboring residential districts and congestion of public streets." The types of uses allowed within this district are uses associated with business and commerce. Section 152.121 of the Zoning Code lists over 70 permitted uses which exemplify types of businesses or establishments engaging in or supporting commerce. Examples include a wide variety of retail stores (e.g., appliance stores, clothing stores, jewelry stores, toy stores) and retail service establishments (e.g., attorneys, bakeries, employment agency offices, health professional offices, postal substations, veterinary clinics).