HomeMy WebLinkAboutZOA-98-02I-
;~Ufl-~1~ dL
INTRODUCED BY COUNCIL MEMBER SILER
Council Bill No. 32
Ordinance No. t 4
Series of 1998
TITLE: AN ORDINANCE AMENDING SECTION 26-20 (B), AND
(E), 26-21 (E) AND 26-22(B) OF THE CODE OF LAWS,
CONCERNING COUNSELING AND TREATMENT
CLINICS IN THE R-C, R-C1 AND C-1 ZONE
DISTRICTS, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
WHEREAS, Counseling and treatment clinics are established as permitted or special
uses in the RC-1, R-C, and C-1 zone districts; and
WHEREAS, such uses are permitted or special uses depending upon the presence of
residential treatment facilities; and
WHEREAS, the provisions of the R-C zone district contain language which is
contradictory concerning these uses; and
WHEREAS, the provisions of the R-C zone district concerning these uses does not
conform to the zoning principal of "cascading" or "pyramidal" which is followed throughout
Section 26 of the Wheat Ridge Code of Laws.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 26-20 (B)(3) of the Wheat Ridge Code of Laws is hereby amended to
read:
(3) Clinics and offices for the counseling and treatment of psychological, social,
marital, developmental or similar counseling and ft"MIC&I conditions, including
counseling and treatment for substance abuse and alcoholism; however, not
including residential facilities or residential treatment.
Section 2. Section 26-20 (E)(2) of the Wheat Ridge Code of Laws is hereby amended to
read:
(2) Clinics and offices containing residential facilities for the counseling and
treatment of psychological, social, marital, -and developmental or similar
conditions, including counseling and treatment for substance abuse and
alcoholism.
Section 3. Section 26-21 (E)(1) of the Wheat Ridge Code of Laws is hereby amended to
read:
(1) Clinics and offices containing residential facilities for the counseling and
treatment of psychological, social, marital; developmental or similar conditions
, including counseling and treatment for substance abuse
and alcoholism. including Section 4. Section 26-22 (13)(8) of the Wheat Ridge Code of Laws is hereby amended to
read:
(8) Clinics and offices containing residential facilities for the counseling and
treatment of psychological, social,-or marital, developmental or similar
conditions treatment, counseling and including counseling and treatment for
substance abuse and alcoholism. and including i ' t1c3tLIMIlt facilitilS.
Section 5. Safety Clause. The City Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it
is promulgated for the health, safety, and welfare of the public and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation to
the proper legislative object sought to be attained.
Section 6. Severahility: Conflicting Ordinance Repealed If any section, subsection,
or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the
validity of the remaining sections, subsections, and clauses shall not be affected thereby. All
other ordinances or parts of ordinance in conflict with the provisions of this Ordinance are hereby
repealed.
Section 7. Effective Date. This Ordinance shall take effect 15 days after final
publication; as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to O
on this 14th day of September , 1998, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set
for October 12 , 1998, at 7:00 d'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of 7 to 0 , this 12tWay of October 1998,
Council Ordinance No. Page 2
. SIGNED by the Mayor on this 13th day of October 1998.
ATTEST:
G~"IJ'622=
Wanda Sang, City Clerk-ZN
APP AS TO FO Y CIT ATTORNEY
GERALD DAHL, CITY ATTORNEY
Ist Publication: September 18, 1998
2nd Publication: October 16, 1998
Wheat Ridge Transcript
Effective Date: October 31, 1998
C Amhara CC'R P'I'S\It IiSO.ORO\ciin icszoa. wpd
Council Ordinance No. Page 3
CITY COUNCIL MINUTES: October 12, 1998 'Page - 3 -
Motion by Mr. Siler to adopt Council Bill 33 (Ordinance 1133) approving Case No. WZ-98-14
and to rezone from Residential-Two to Restricted Commercial-One the property located at
6410 West 44th Avenue, for the following reasons: 1. It is consistent with the Comprehensive
Plan. 2. Parcels to the northwest are zoned Restricted Commercial-One. 3. Minimal impacts
are anticipated with the rezoning. 4. Approval of this request will allow for a positive
redevelopment of this property.; With the following conditions: 1. A six foot screening fence be
constructed between the proposed office building and the adjacent residential structure along
the south property line. 2. The existing two-car garage is to be used for required on-site
parking spaces only. No additional leasable space will be permitted within the garage area. 3.
All uses in the Restricted Commercial One zone district be allowed with the exception of
preschools, day care nurseries, or charter schools; seconded by Mr. Mancinelli; carried 7-0.
Itemy2 ourcil,Bill_32,-An Ordinance amending Section 26-20 (B), and (E), 26-21 (E)
aril 26-22 (B) of the Code of Laws, concerning counseling and treatment clinics
m the R-C,. R-C1 and C-1 Zone Districts, City of Wheat Ridge, County of
Jefferson, State of Colorado.
Council Bill 32 was introduced on second reading by Mr. Siler; title and summary read by the
Clerk; Ordinance No. 1134 assigned.
Alan White presented the staff report.
Motion by Mr. Siler to adopt Council Bill 32 (Ordinance 1134) amending Sections 26-20 (B)
and (E), 26-21 (E) and 26-22 (B) of the City of Wheat Ridge Code of Laws, and establishing
consistent language in the commercial zone districts dealing with counseling and treatment
clinics; seconded by Mr. DiTullio; carried 7-0.
Motion by Mrs. Worth to ask Mr. Dahl to bring an ordinance addressing residential counseling
facilities and alcohol related facilities in the commercial-one zone districts, that they be put
under a special use permit; seconded by Mr. Siler; carried 7-0.
ORDINANCES ON FIRST READING
Item 3. Council Bill 34 - An Ordinance approving demolition of two municipally owned
buildings.
Council Bill 34 was introduced on first reading by Mr. Mancinelli; title and summary read by the.
Clerk.
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge CITY
COUNCIL on October 12, 1998, at 7:00 p.m. at 7500 West 29th Avenue, Wheat Ridge,
Colorado. All interested citizens are invited to speak at the Public Hearing or submit written
comments. The following petitions shall be heard:
Case No. ZOA-98-02: The City of Wheat Ridge is proposing to amend Sections 26-20
(B) and (E),m 26-21 (E) and 26-22 (B) of the Code of Laws concerning counseling and
treatment clinics in the R-C1, R-C and C-1 zone districts.
2. Case No. WZ-98-14: An application by Marcie Emily for approval of a zone change
from R-2 to R-C 1. Said property is zoned R-2 and located at 6410 West 44`h Avenue.
Barbara Delgadillo, Rec ding Secretary
ATTEST:
Wanda Sang, City Cle
To be Published: Wheat Ridge Transcript
Date: September 25, 1998
C.\B.,b...\CCRPTS\PUBNOTIC\ 10- 12mee[111gpub.wpd
zc)A-gV - OZ
OF WHEgr
City of Wheat Ridge ~o
U m
Planning and Development Department
C~t ORP
Memorandum
TO: City Council
FROM: Alan White, Planning and Development Director
SUBJECT: Ordinance Amending Code of Laws Provisions Concerning Clinics
DATE: September 14, 1998
1. BACKGROUND
This proposed Code Amendment modifies current language in the Code dealing with counseling and
treatment clinics. Different wording is used in the various commercial zone districts, creating
inconsistency among the districts. The amendment started as a special use application heard by Planning
Commission for a treatment clinic on Harlan. At that hearing, Planning Commission questioned the
interpretation of the language in the Code and recommended the applicant submit an interpretation
appeal to the Board of Adjustment. The Board of Adjustment heard the request and concluded that non-
residential counseling and treatment facilities were intended to be permitted uses in the Restricted
Commercial zone district.
IL STAFF ANALYSIS
The Zoning and Development regulations contained in the Wheat Ridge Code of Laws rely upon
a "cascading"or "pyramidal" system for establishing permitted uses in each of the zone districts.
For example, the list of permitted uses in the first district in the commercial series is then built
upon in subsequent districts by reciting "same uses permitted in the [prior] district," as permitted
principal uses and then additional uses are listed. Under this system, unless otherwise specified
with a note of exception, permitted principal uses are carried to the next zone district as
permitted principal uses.
In this instance, the Wheat Ridge Code of Laws is somewhat contradictory as to where this type
of facility (non-residential counseling and treatment) can be located. In the Restricted
Commercial-One zone district, the most restrictive commercial zone in the City, one of the listed
permitted uses (page 1722) is, "Clinics and offices for psychological, social, marital,
development or similar counseling and treatment, including counseling and treatment for
substance abuse and alcoholism; however, not including residential facilities or residential
treatment." Since this is an allowed use in the Restricted Commercial-One, logically it would be
carried over as an allowed use in the Restricted Commercial zone district.
ATTACHMENT 1
However, in the Restricted-Commercial zone district, listed as a special use (page 1727) is,
"Clinics for psychological, social, marital, developmental or similar counseling and treatment,
including counseling and treatment for substance abuse and alcoholism; including both
residential and nonresidential facilities." The use of the word "both" in this context is the source
of contradiction. Does "both" mean residential and nonresidential facilities in combination? Or
does "both" mean residential as well as nonresidential facilities?
Under the "cascading" system of zoning, uses in a higher zone district (Restricted-Commercial)
should not be more restrictive than the lower zone district (Restricted Commercial-One). In this
instance, it appears the intent of the code was to allow nonresidential facilities as a permitted
principal use in both the R-C1 and R-C zone districts, and to allow facilities which offer
combined residential and nonresidential facilities, or strictly residential facilities, as a special
uses in the both districts. The Commercial One district allows nonresidential and residential
clinics and treatment facilities as permitted principal uses.
III. CONCLUSION
These code amendments are essentially housekeeping items. The attached ordinance modifies
the language in the R-C 1, R-C and C-1 zone districts for clinics to follow the cascading scheme
intended in the Code. The modifications permit clinics as a permitted use in the RC-1' and RC
zone districts; with residential facilities, they are special uses in both zone districts. Clinics with
or without residential facilities are permitted uses in the C-1 district, as the Code currently
provides. Modifications to the C-1 district are to create consistent wording. The permitted use
and special use wording has been made consistent from one zone district to the next.
The Planning Commission approved the proposed ordinance with changes as noted in the
minutes of May 21, 1998; those changes have been incorporated into the ordinance.
E?PW.inSU EPORTS\CLIMCS.PC
adopted. The Public Works Department and the City Attorney have reviewed staff's
recommendations and their comments have been incorporated into the proposed language.
Following discussion, Commissioner SNOW moved and Commissioner SHOCKLEY
seconded that Case No. ZOA-984, an amendment to Section 26-6 of the Wheat Ridge Code
of Laws - Legislative and Administrative Process and procedures, be recommended for
APPROVAL to the City Council for the following reasons:
1. The City has no existing legislation in place.
2. It is consistent with State Law
3. The City Attorney has reviewed the proposed language and his comments have
been incorporated.
With the following conditions:
a. That the language in item #I and item 44 under the "Criteria for Review"
section be reworded to be consistent with the state statute.
The motion passed by a vote of 6-0 with Commissioner DUNN absent.
C. Case No. ZOA-98-02: The Planning and Development Department is proposing to amend
Sections 26-20 (B) and (E), and 26-22 (B) of the code of Laws concerning counseling and
treatment clinics in the R-C 1 and R-C and C-1 zone districts.
This matter was presented by Alan White. The proposed Code Amendment would modify
current language in the Code dealing with counseling and treatment clinics. Different
wording is used in the various commercial zone districts, creating inconsistency among the
districts. The need for this amendment resulted from a special use application heard by the
Planning Commission for a treatment clinic on Harlan which resulted in the Board of
Adjustment making an interpretation that non-residential counseling and treatment facilities
were intended to be permitted uses in the Restricted Commercial zone district.
Following discussion, Commissioner SNOW moved and Commissioner SHOCKLEY
seconded that the Planning Commission approve the ordinance amending Sections 26-20 (B)
and (E), 26-21 (E); and 26-22 (B) of the Wheat Ridge Code of Laws concerning counseling
and treatment clinics in the RC-1, R-C and C-1 zone districts, and that Section 4 (8) should
contain the same language as Section 3 (1), and that the comma after the word "alcoholisnioin
the fourth line of Section 3 (1) be changed to a period.
Commissioner BRINKMAN expressed concern about the use of the word "problem" in the
ordinance and offered an amendment that the word "problem" be replaced with the word
"condition" throughout the entire ordinance. This amendment was accepted by
Commissioners SNOW and SHOCKLEY.
Planning Commission Minutes Page 7
05/21/98
ATTACHMENT 2
The motion passed by a vote of 6-0, with Commissioner DUNN absent.
8. CLOSE THE PUBLIC HEARING
Chair THOMPSON declared the public hearing portion of the meeting closed.
9. OLD BUSINESS
A. Brewer Property at 44th and Tabor: Chair THOMPSON inquired about the status of this
property. Following discussion, Alan White advised the Commission that he would
investigate the situation to make sure proper permits have been applied for and the use
complies with zoning.
B. Time Limit on Planning Commission and City Council Decisions: Commissioner
BRINKMAN asked if there were a time limitation on Planning Commission and City Council
decisions concerning land use if a parcel of land remains vacant for a certain period of time.
Alan White informed that there is no such time limitation.
C. Project at 35th and Wadsworth: Commissioner COLLINS inquired about the status of the
wholesale beauty supply operation which seems to have come to a standstill. Alan White
presented an overview of developments in this situation.
10. NEW BUSINESS
There were no new business items.
11. DISCUSSION ITEMS
There were no discussion items.
12. COMMITTEE AND DEPARTMENT REPORTS
There were no committee or department reports.
13. ADJOURNMENT
Commissioner SNOW moved and Commissioner GOKEY seconded that the meeting be
adjourned at 11:02 p.m.
Janice Thompson, Chair
Ann Lazzeri, Minutes Specialist
CAB.,builPCR STLANGC0WCMDRTM 1"SM0521.wpd
Planning Commission Minutes Page 8
05/21/98
F WHEgT
City of Wheat Ridge ~o
Planning and Development Department U
Memorandum
TO:
FROM:
SUBJECT:
DATE:
Planning Commission
Alan White, Planning and Development Director Du
Ordinance Amending Code of Laws Provisions Concerning Clinics
May 14, 1998
1. BACKGROUND
This proposed Code Amendment modifies current language in the Code dealing with counseling and
treatment clinics. Different wording is used in the various commercial zone districts, creating
inconsistency among the districts. The amendment started as a special use application heard by Planning
Commission for a treatment clinic on Harlan. At that hearing, Planning Commission questioned the
interpretation of the language in the Code and recommended the applicant submit an interpretation
appeal to the Board of Adjustment. The Board of Adjustment heard the request and concluded that non-
residential counseling and treatment facilities were intended to be permitted uses in the Restricted
Commercial zone district.
II. STAFF ANALYSIS
The Zoning and Development regulations contained in the Wheat Ridge Code of Laws rely upon
a "cascading"or "pyramidal" system for establishing permitted uses in each of the zone districts.
For example, the list of permitted uses in the first district in the commercial series is then built
upon in subsequent districts by reciting "all uses permitted in the [prior] districeas permitted
principal uses, and then additional uses are listed. Under this system, unless otherwise specified
with a note of exception, permitted principal uses are carried to the next zone district as
permitted principal uses.
In this instance, the Wheat Ridge Code of Laws is somewhat contradictory as to where this type
of facility (non-residential counseling and treatment) can be located. In the Restricted
Commercial-One zone district, the most restrictive commercial zone in the City, one of the listed
permitted uses (page 1722) are "Clinics and offices for psychological, social, marital,
development or similar counseling and treatment, including counseling and treatment for
substance abuse and alcoholism; however, not including residential facilities or residential
treatment." Since this is an allowed use in the Restricted Commercial-One, logically it would be
carried over as an allowed use in the Restricted Commercial zone district.
However, in the Restricted-Commercial zone district, listed as special uses (page 1727) are
4,1
"Clinics for psychological, social, marital, developmental or similar counseling and treatment,
including counseling and treatment for substance abuse and alcoholism; including both
residential and nonresidential facilities." The use of the word "both" in this context is the source
of contradiction. Does "both" mean residential and nonresidential facilities in combination? Or
does "both" mean residential as well as nonresidential facilities?
Under the "cascading" system of zoning, uses in a higher zone district (Restricted-Commercial)
should not be more restrictive than the lower zone district (Restricted Commercial-One). In this
instance, it appears the intent of the code was to allow nonresidential facilities as a permitted
principal use in both the R-Cl and R-C zone districts, and to allow facilities which offer
combined residential and nonresidential facilities, or strictly residential facilities, as a special
uses in the both districts. The Commercial One district allows nonresidential and residential
clinics and treatment facilities as permitted principal uses.
III. CONCLUSION
These code amendments are essentially housekeeping items. The attached ordinance modifies
the language in the R-C1, R-C and C-1 zone districts for clinics to follow the cascading scheme
intended in the Code. The wording has been changed so that the permitted uses and special uses
are consistent from one zone district to the next.
IV. SUGGESTED MOTION
"I move to recommend approval of the ordinance amending Sections 26-20 (B) and (E), 26-21
(E), and 26-22 (B) of the Wheat Ridge Code of Laws concerning counseling and treatment
clinics in the RC-1, R-C and C-1 zone districts."
6 0~
INTRODUCED BY COUNCIL MEMBER
Council Bill No. _
Ordinance No. _
Series of 1998
TITLE: AN ORDINANCE AMENDING SECTION 26-20 (B), 26-21
(E) AND 26-22(B) OF THE CODE OF LAWS,
CONCERNING COUNSELING AND TREATMENT
CLINICS IN THE RC-1 AND C-1 ZONE DISTRICTS,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO.
WHEREAS, Counseling and treatment clinics are established as permitted or special
uses in the RC-1, R-C, and C-1 zone districts; and
WHEREAS, such uses are permitted or special uses depending upon the presence of
residential treatment facilities; and
WHEREAS, the provisions of the R-C zone district contain language which is
contradictory concerning these uses; and
WHEREAS, the provisions of the R-C zone district concerning these uses does not
conform to the zoning principal of "cascading" or "pyramidal" which is followed throughout
Section 26 of the Wheat Ridge Code of Laws.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO,THAT:
Section 1. Section 26-20 (13)(3) of the Wheat Ridge Code of Laws is hereby amended to
read:
(3) Clinics and offices for the counseling and treatment of psychological, social,
marital, developmental or similar counseling mid treatmet problems, including
counseling and treatment for substance abuse and alcoholism; however, not
including residential facilities or residential treatment.
Section 2. Section 26-20 (E)(2) of the Wheat Ridge Code of Laws is hereby amended to
read:
(2) Clinics and offices containing residential facilities for the counseling and
treatment of psychological, social, marital, and developmental or similar
problems, including counseling and treatment for substance abuse and
alcoholism.
4'-f)
Section 3. Section 26-21 (E)(1) of the Wheat Ridge Code of Laws is hereby amended to
read:
(1) Clinics and offices containing residential facilities for the counseling and
treatment of psychological, social, marital, developmental or similar problems
counseling arid treatirien , including counseling and treatment for substance abuse
and alcoholism, including both residential arid mrtresidential .
Section 4. Section 26-22 (13)(8) of the Wheat Ridge Code of Laws is hereby amended to
read:
(8) Clinics and offices for the counseling and treatment of psychological, social,
marital, developmental or similar problems, ,
including counseling and treatment for substance abuse and alcoholism, including
residential treatment facilities.
Section 5. Safety Clause. The City Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it
is promulgated for the health, safety, and welfare of the public and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation to
the proper legislative object sought to be attained.
Section 6. Severability; Conflicting Ordinance Repealed. If any section, subsection,
or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the
validity of the remaining sections, subsections, and clauses shall not be affected thereby. All
other ordinances or parts of ordinance in conflict with the provisions of this Ordinance are hereby
repealed.
Section 7. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of 1998, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set
for , 1998, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of 1998.
Council Ordinance No. Page 2
06.
V
SIGNED by the Mayor on this day of 1998.
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1 st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
C\Barbara\CCRPTS\RESO-ORD\cl i n icszoa, wpd
Council Ordinance No. Page 3
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on May 21, 1998, at 7:30 p.m. at 7500 West 29th Avenue, Wheat
Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit
written comments. The following petitions shall be heard:
Case No. ZOA-98-02: The City of Wheat Ridge is proposing to amend Sections 26-20
(B) and (E), 26-21 (E) and 26-22 (B) of the Code of Laws concerning counseling and
treatment clinics in the R-C1, R-C and C-1 zone districts.
2. Case No. ZOA-98-04: The City of Wheat"Ridge is proposing to amend Section 26-6 of
the Code of Laws: Legislative and Administrative Process and Procedures concerning
right-of-way vacations.
2&~ 6~~ Q."a'~
Barbara Delgadillo, Pl&ring Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: May 1, 1998
Wheat Ridge Transcript
AA5-21meeting publications.wpd
STATE OF COLORADO
CIVIL RIGHTS DIVISION
74.CK LANG y MARQUEZ, Director
TO:
Department of Regulatory Agencies
oFco
Joseph A. Garcia
:y
Executive Director
r re
Roy Romer
Cmemor
FAX COVER SHEET
FAX PHONE NUMBER:
FROM: NANCY R. SNOW
CALL (303) 894-7822 EXT 325 IF ANY FAX PAGE/ PART IS MISSING.
(Toll-free number--Colorado 001--1-800-262-4845)
TRANSMIT DATE: XW~P TIME: 9•
COVER PAGE PLUS / PAGES
ADDITIONAL
PLEASE RLFSH! URGENT!
1560 Broadway, Suite TOSQ ■ Denver, Colorado 80202.5143
(303) 894-2997
Fax # (303) 894-7830 ■ TTY # (303) 894.7832 ■ 1-800-262.4845 (Colorado only)
TO'd £T:6 86. ST opf 0£8Zb68£0£:Xpd OS 3O 31d1S MD
.
Alan and Meredith:
I disagree that there is anything "contradictive" about the language in the
RC-1 and R-C zoning districts regarding counselling centers. The decision that
this one needs a special use permit overlooks the clear language that, in the R-C
District, Permitted Principal Uses includes "All uses permitted in the Restricted
Commercial-One District as "permitted uses." Since counseling clinics `not
including residential facilities or residential treatment" are permitted principal
uses in the RC-1 District, they are permitted principal uses here also.
I think what has been overlooked is the scheme found throughout the ordinance--
that some use is permitted in a lower zone district, but with a restriction or
limitation, then permitted minus the restriction in a higher district, either as a
permitted use or with a special use permit. If you analyze that way it makes
perfect sense, and he does not need a special use permit.
To me, it is clear that this is what the ordinance says:
In the RG-i District, you can have counseling centers, but "hot including
residential facilities or residential treatment " In the RC District, you can also
have counseling centers without residential facilities or treatment, but, if you
want a counseling center "including both residential different for the special use
then you need a special use permit. (Wording slightly
ning:"Clincs for residential counseling and
permit in the RC- 1 but same mea inte treatment....") That's the way the ordinance has alwans bo the nex hreted igher zone
memory, and makes perfect sense. If you keep on going
district, the C-1, then you can have the clinics with
use perm it resid dal
treatment as a permitted principal use, no special
hook at similar situations as you go down the list of uses in the same two zone
districts,
In the RC-1 you can have golf courses, "but not including miniature golf-..,
private clubs or restaurants." In the RC-1 or RC District you could continue to
have the golf course with those restrictions as a permitted use, but
ayou te clubs,
need a special use permit if you wanted a golf course"including private
restaurants..." If you wanted to have the miniature golf also, it would be allowed
only in RC with a special use permit-
Same with government buildings "where outside storage, operations or repair
facilities are not planned." Allowed as permitted uses in both RC-1 and RC
without stora e allowed in RC 1 or RC with storage, but with a special use
permit .
4h~ P6~A ?
ZO d ~T:6 86, ST opt 0£82_b68202:xe3 00 30 31d1S UOD
abed `BuaIN 1V3HM do Al10 o£eLb68£0£ !NVLO :6 96/SL/L
Z
:paAT800U
Under Principal Permitted Uses in the RC-1 District, change wording to:
Clinics and offices for THE COUNSELING AND TREATMENT OF psychological,
social, marital, developmental or similar eetmsehng a-nd-treatme*kt PROBLEMS,
including counseling and treatment for substance abuse and alcoholism;, however, not
including eeside3t W-faeiht-iea.er residential treatment FACILITIES.
Under Special Uses, change wording to:
RESIDENTIAL FACILITIES Glifriee for reeidem4.&l counseling and treatment of
psychological, social, marital,-&m4 developmental OR SIMILAR PROBLEMS, and for
substance abuse and alcoholism.
Under Special Uses in the RC District, change wording the same as above.
T,.
Selo. COUAC-11