08-09-2004 Council Packet - Laserfiche WebLink

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i File M4-3029 July 19, 2004 Page 3 of 4 this Code. The current code, adopted in 1975, omits bowling alley and any entertainnjent type use as a permitted use within the B - 1 zoning district or any other zoning district within the City. Therefore, Navarre Lanes has to be reviewed under the standards of Section 78-71 which is the Nonconforming Uses language attached as Exhibit H. It should be noted that #5 of this section states that if a use is discontinued for more than 12 months the future operation of that use must be in a conforming manner. The existing bowling alley has not been open for business for more than 12 months However, because the applicant has been working with the City to develop a plan for the use of this property, strict enforcement of this section w-ould not be supported by the legal system. The game room proposed is not a permitted, accessory or conditional use within the B - 1 zoning district or in any other zoning district tliroughout the City (sec attached Exhibit I). To allow the applicant to proceed with construction of a game room would be in violation of the uses section of the B - 1 zoning district. A Zoning Code amendment would be required to permit this use. It should be noted that the B - 1, Retail Sales Business District is the most leniently regulated district meaning the higher intensity uses would be permitted in the B - 1 district. This may weight on any decisions to amend the Zoning Ordinance to permit cntcrtaiiunent oriented uses. 3. The existing B - 1 zoning district states the following: “Within any B-1 retail sales business district, no structure or land shall be used except for one of the following uses or uses deemed similar bv the council...“ The Flaiming Commission should discuss the statement regarding “...or uses deemed similar by the council...” to determine if the game room could be permitted without undergoing a Zoning Code amendment. The list of uses permitted in the B - 1 zoning district is attached to this report for your reference. 4.Because Navane Lanes is a legal non-conforming use it can only expand in conforming w'ays. The proposed addition could be viewed as an expansion of a non-conforming use because an interior wall is being removed and access will exist to the bowling alley from the addition. It could also be argued that because the addition itself (its specific floor plan) is not a non-conforming use (bowling alley) that it is a legal expansion. The Plarming Commission should come to a consensus on whether the addition is an expansion of a non-conforming use or if the addition is merely a permitted accessory use to the existing non-conforming bowling alley. 5. The applicant has stated that liquor will not be a part of this proposal. If and when it becomes necessary it is anticipated that the City Council would undergo the steps necessary to rescind the 3.2% license that was previously approved and I I tifftih