2015-40 AMENDING ZONING ORDINANCE

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Excerpts from Plan Commission Minutes of August 6,2015: Cal.No. 15-33 Petition of BILLY TYUS, ASSISTANT CITY MANAGER, for amendments to the City of Decatur Zoning Ordinance. Section II.-Definitions, Section XII.A.-B-2 Commercial District-Permitted Uses, Section XVI.A.-M-I Intense Commercial/Light Industrial District-Permitted Uses, Section XVII.D.3.-M-2 Heavy Industrial District-Performance Standards, and Section XXIV.D.7.-Design of Parking Spaces and Lots-Surface. Ms. Suzy Stickle was sworn in by Mrs. Poland. Ms. Stickle presented the recommendation of staff: The current City of Decatur Zoning Ordinance was adopted in May of 2002. Since the time of adoption, Staff has discovered certain necessary changes, discrepancies and omissions as the new ordinance has been implemented, specifically in SECTION II. Definitions, SECTION XII. B-2 Commercial District, SECTION XVI. M-1 Intense Commercial/Light Industrial District, SECTION XVII. M-2 Heavy Industrial District and SECTION XXIV. Off-Street Parking and Loading Requirements. It is Staff's hope that these changes and clarifications will make the Zoning Ordinance more comprehensive and applicable to the changing built urban environment all the while keeping the charge of making Decatur a beautiful place to live, work and play. The proposed amendments will make clarifications, give certain authorities to the Public Works Department and amend the requirements for outdoor storage screening if industrial properties are located more than 300 feet from non-industrial properties. One of the proposed amendments is to the M-2 Heavy Industrial District which involves only requiring screening for outdoor storage if the property in which the storage yard/area is located is within 300 feet of a property not zoned industrial or being used for non-industrial purposes. The Zoning Ordinance was amended to reflect this proposed change in June 2015 for the M-1 Intense Commercial/Light Industrial District. The amendments to the Definitions, B-2 Commercial District and M-1 Intense Commercial/Light Industrial District involve clarifying that Video Gaming Parlors are permitted uses in these two(2)zoning districts. Currently,they are being permitted in these districts as similar uses as determined by the Zoning Administrator to be consistent with the purpose and intent of the District. A definition for a Video Gaming Parlor is also proposed that will reflect the verbiage of the definition as found in City Code Chapter 52-Alcoholic Liquor. The proposed amendments will also be clarifying paving requirements for storage areas and giving the Public Works Department the ability to approve alternatives to paving the driveway and aisleways within storage yards/areas. This change is being proposed to allow for flexibility of design for storage areas in the M-1 Intense Commercial/Light Industrial and M-2 Heavy Industrial Districts. Industrial storage today is not always accomplished in a uniform manner to allow for paved driveways and modern industrial design standards allow for various methods to accomplish the need to have lasting, stable storage surfaces. Staff recommends approval of the amendments as proposed. Section XXIX.G. of the Zoning Ordinance requires the Plan Commission to hold a public hearing and make recommendations to the City Council on amendments to the Zoning Ordinance. A motion to forward Calendar Number 15-33 to City Council with a recommendation of approval is suggested. There were no questions or no objectors present. It was moved and seconded (Sotiroff/Newton) to forward Calendar No. 15-33 to the City Council with a recommendation for approval. Motion carried unanimously.