2009-83 AMENDING CITY CODE - CHAPTER 52.1 - PLACES OF AMUSEMENT

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ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM Memo No.09-89 November 10,2009 TO: Honorable Mayor Michael T. McEp7nd City Council FROM: Ryan P. McCrady,City Manager �,/' � Greg C. Crowe,Assistant City Managogr Suzan M. Stickle, Senior Planner�/45 SUBJECT: Amendments to City Code Chapter 52.1 SUMMARY RECOMMENDATION: Staff recommends approval of the amendment to the Decatur City Code as proposed. Staff recommends creating a specific use section in the Places of Amusement Chapter that will allow it to work in harmony with the City of Decatur Zoning Ordinance (Ordinance #3512, as amended). Currently, the City Code groups all of the Places of Amusement together as a single use while the Zoning Ordinance has each specific use as a Permitted or Conditional Use in different Zoning Districts. Changing the City Code by adding Specific Uses will allow the City Code and Zoning Ordinance to no longer be in conflict with each other. BACKGROUND: Places of Amusement must get a license to operate in the City of Decatur. It has come to Staff's attention that many of the Places of Amusement are specifically listed as permitted or conditional uses in the Zoning Ordinance, however, when someone gets a Place of Amusement under the current City Code they are allowed to operate any type of Place of Amusement. This hinders the ability of some types of Places of Amusement to operate and become licensed as they will not be permitted by the Zoning Ordinance unless all types are permitted in that district. Staff is of the opinion that changing the Place of Amusement to create specific uses will allow for greater compliance with the Zoning Ordinance. The following changes to the City Code are proposed. Amend Chapter 52.1, Section 3 (Specific Uses)by adding: "A place of amusement license may only be used for the specific stated purpose and use that is listed and set forth in the license application and for which the license is specifically issued. Any change in the specific licensed use shall require a new license. Any unauthorized or unlicensed change in the specific use shall be grounds for suspension or revocation of the place of amusement license." The current Sections 3 through 17 will now be Sections 4 through 18. POTENTIAL OBJECTION: There are no known or expected objectors. INPUT FROM OTHER SOURCES: The Legal Depar tment and Finance Department appr ove of the proposed amendments. STAFF REFERENCE: Any additional questions may be forwarded to Suzan Stickle at 424-2786 or at sstickle@decaturil.gov. BUDGET/TIME IMPLICATIONS: None.