This is the second phase of four proposed phases of changes to the Chapter 58 zoning district and allowable use tables and associated sections of the Land Development Code. Phase 1, which combined the Traditional City wide use tables, was adopted November 14, 2016. Phase 2 addresses four distinct topics:

Congregate Living: Clarify definitions and reorganize residential uses that involve non-related people living together. Group the uses together under the umbrella term “Congregate Living Facilities” and regulate based on the number of residents in the facility. NO SIGNIFICANT POLICY CHANGES PROPOSED.

Public Benefit Uses: Reorganize/group these uses into three categories: Light, Intensive, and Assembly to better reflect the different impacts of these uses that serve a public purpose. Combining the various uses into a single category will also ensure compliance with the Religious Land Use and Institutionalized Persons Act, which requires local governments to treat religious uses the same as secular uses with similar characteristics. CHANGES TO CONFORM TO FEDERAL LAWS AND REGULATIONS, AND LEGALIZE MANY EXISTING RELIGIOUS INSTITUTIONS WITH THE CITY.

Modifications to Nonconforming Buildings: Eliminate the requirement that a property must be located within the Traditional City overlay district to facilitate improvements to, and redevelopment of, longstanding buildings. PROVIDES ADDITIONAL ADMINISTRATIVE FLEXIBILITY CITYWIDE.

Home Occupations: Delete the notification requirement to neighbors of an approved Home Occupation to eliminate confusion and reduce City costs. REDUCES COSTS; PREVIOUS NOTIFICATIONS DID NOT IMPACT APPROVAL PROCESS.

Since this item changes the City's use table of the zoning ordinance to reorganize and regulate uses differently, State Law requires that the Council hear this item after 5:00 pm for at least one of the required hearings - unless the Council votes by a majority plus one to hear prior to 5:00 pm.  Staff recommends that the Council pass a separate motion in order to hear this item at the next available City Council meeting prior to 5:00 pm.

Approval of the attached ordinance No.2018-45 on first reading/hearing and authorize the Mayor and City Clerk to present the draft ordinance at the next available City Council meeting for second reading, hearing and adoption.

Additional vote by the Council to hear the second reading/hearing of this ordinance prior to 5:00 pm at the next regularly scheduled City Council meeting.