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File #: 19-3107    Version:
Type: Resolution Status: Passed
File created: 5/30/2019 In control: Planning
On agenda: 8/19/2019 Final action: 8/19/2019
Title: Vote on a request to approve a legislative request to consider amendments to the Zoning Ordinance to require a conditional use permit for assembly occupancies in residential zoning districts and consider waiving conditional use permit application fees for those uses as recommended by the Planning Board.
Attachments: 1. Places of Assembly- Attachment -Redlined_ZO_Sections_Assembly_Occupancies_and_Height_Limits, 2. More information from the Planning Department website, 3. More information from the Planning Department website
TITLE
Vote on a request to approve a legislative request to consider amendments to the Zoning Ordinance to require a conditional use permit for assembly occupancies in residential zoning districts and consider waiving conditional use permit application fees for those uses as recommended by the Planning Board.

ABSTRACT

Action Requested:
Vote on a request to approve a legislative request to consider amendments to the Zoning Ordinance to require a conditional use permit for assembly occupancies in residential zoning districts and consider waiving conditional use permit application fees for those uses as recommended by the Planning Board.

Introduction & Background:
A legislative public hearing was held on November 19, 2018 to consider a citizen initiated text amendment to the Zoning Ordinance. The proposed amendment was to the table of permitted uses, specifically for churches and places of worship to require a conditional use permit in the three residential zoning districts instead of allowing them as a permitted use.
In January 2019, the Planning Board, by a vote of 7-0 in favor of denial, recommended adoption of a resolution approving the following consistency statement:
The text amendment to require churches and other places of worship to obtain a conditional use permit singles out churches and other places of worship and does not require the same standard for other assembly uses and would violate the Religious Land use and Institutionalized Persons Act. The request should therefore be denied due to inconsistency with the adopted Comprehensive Plan.
An additional motion was proposed by the Planning Board to request that the Board of Commissioners direct the Planning Department to develop performance standards for assembly uses in residential zoning districts and evaluate requiring a conditional use permit. This motion was approved by a vote of 7-0. In February 2019, the Board of Commissioners denied the text amendment application and directed staff to work ...

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