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MEMORANDUM
TO:
FROM:
DATE:
RE:
Planning and Zoning Commission
Sabine Kuenzel, Staff Planner
April 7, 1992
Conditional Use Permits for restaurants
You may recall that nightclubs are now listed as conditional uses in those zoning districts
that had previously listed them as permitted uses by right. This change was made
because there are certain commerciallyzoIled lots within the City thaf would not be
suitable for nightclub activity, and in othedocationsnightclubs may be compatible when
certain conditions have been Il1et.
Since the amendment, staff has had some time to work with this requirement. There have
been insta-nceswhere it was uncertain whether an establishment should be considered a
restaurant. instead of a. nightclub. Some businesses operate. as a restaurant during . lunch
hours, and turn into nightclubs during evening hours. . Other cities have had problems
determining the difference between the two uses; there seems to be no easy solution that
would be fair both to the community and to applicants.
If the City wishes to continue requiring Conditional Use Permits for nightclubs, staff
recommends thatthey be required for restaurants as welL Such an amendment would
accomplish the following:
- Eliminate the need for defining the absolute difference between
nightclubs.. and .restaurants.
- Ensure equity in. the . enforcement of the regulations.
-..Give the..Commission.the.authority to deny the use as a.restaurantin
inappropriate locations.
_. Give the Commission the authority to approve the use asa restaurant in
certain locations upon the condition of mitigating provisions.
- Give the Commission the authority to approve the use as a restaurant
without conditions in appropriate locations.