PL PACKET SPECIAL MEETING 06042012

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May 25, 2012 Page 3 Section 152.122 of the Zoning Code lists 25 permitted conditional uses, which also are businesses or establishments engaging in or supporting commerce. Examples include bus stations, car washes, gasoline stations, motels, bowling alleys, and specific types of laboratories for medical research and testing that provide services to health care providers. Industrial District The purpose of the city's light industrial zoning district is "to designate areas for, and regulate the development of, light industry. Areas are designated as light industrial due to the proximity of high capacity roadways or rail facilities and existing development, and regulated to enhance the compatibility of light industrial uses and uses within the commercial and residential districts." Section 151.141 of the Zoning Code lists nine types of permitted uses, which include many specific examples of uses devoted to light industry. Examples include manufacturing industries; warehouses, wholesalers, or distributors of products; and offices devoted specifically for administrative purposes, non - retail businesses, or certain types of contractors. Other permitted uses include automotive service and repair and cleaning, laundering, and dry cleaning facilities. Section 152.142 of the Zoning Code lists nine types of permitted conditional uses, which also are uses exemplifying or directly supporting light industry. Examples include drug, cosmetic, pharmaceutical, and toiletries manufacture; enameling, painting, varnishing, lacquering, and japanning; freight terminals; and meat packing that does not include animal slaughtering. 4. Ensure the Zoning Code is improved in regard to consistency and clarity with respect to the use of `assemblies. Overall, "churches, temples, or synagogues" constitute separate types of uses from "assemblies, lodges, or convention halls." In general, places of worship align better with certain residential districts, while places of secular assembly align better with commercial or industrial districts. Because the city has little of its space available for commercial or light industrial use, it is important that the city properly determine what types of assembly, if any, may exist within these zoning districts. The city has devoted most of its land to residential use, which allows for places of religious assembly. The limited areas that the city has devoted to commercial and light industrial use, and that are available for such uses, suggest that the city should consider closely whether to expand the types of uses within these districts. The city is interested in promoting economic development and job growth and has devoted two specific zoning districts to those planning goals. 5. Ensure the Zoning Code is consistent with federal law. The City must be cognizant of the federal Religious Land Use and Institutionalized Persons Act ( "RLUIPA ") before deciding how to amend its Zoning Code. See 42 U.S.C. § 2000cc. Under RLUIPA, religious institutions must be treated as well as comparable secular institutions. The "Equal Terms" provision of RLUIPA states that a municipality may not treat "a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." 42 U.S.C. § 2000cc(b)(1). RLUIPA is relatively unclear as to how "assembly" should be defined, and it is even more uncertain within the state of Minnesota. Therefore, if the City Council chooses to amend its Zoning Code, besides ensuring that the Zoning Code clearly reflects the intent of the city's zoning plan and best interests of the city as a whole, the City Council should consider whether the amended code is sufficiently clear for purposes of RLUIPA.