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n <br /> t <br /> Date Application Received: 2/20/08 <br /> Date Application Considered as Complete:2/20/08 <br /> 60-Day Review Period Expires: 4/20/08 <br /> To: Chair Kempf and Planning Commission Members <br /> Ron Moorse, City Administrator <br /> � From: � Evelyn Turner, City Planner <br /> Date: March 17, 2008 . <br /> Subject: #08-3351 Barry Tanner <br /> -Zoning Code Amendment—Section 78-644,Bowling Alleys in the B-1 <br /> Zoning District � <br /> Public Hearing <br /> ----------------------------------------------------------------------------------- <br /> Application Summary: The applicant requests the B-1 Retail Sales Business Disirict <br /> regulations be amended to a11ow bowling centers as conditional uses. <br /> Staff Recommendation: Planning Department Staff recommends approval with <br /> conditions. <br /> List of Ea�hibits � � <br /> A. Application <br /> B. B-1 Retail Sales Business District Zoning District Regulations <br /> C. Excerpt from Zoning map showing locations zoned B-1 <br /> Background <br /> Mr. Tanner wishes to re-open a bowling alley that operated unti12003. Bowling alleys or centers <br /> are not allowed in the City, although there is a parking standard in the zoning code for bowling <br /> alleys and bowling centers are allowed to hold on-sale intoxicating liquor, on-sale 3.2 beer or <br /> set-up licenses. The bowling alley was a non-conforming use. Once it ceased operating for a <br /> year it could not re-open. <br /> For the bowling alley to re-open the zoning code must be amended to a11ow a bowling center or <br /> a.11ey as a permitted or conditional use in the B-1 zoning district. It cannot be done by a variance <br /> because it would be a use variance (allowing a use in a zoning district that is otherwise not <br /> allowed). Sta.te statues do not allow municipalities to grant use variances. <br /> Zoning codes usually classify bowling alleys or centers as part of the broader category of <br /> commercial recreation. Also included in this category are cinemas, theatres, athletic clubs, <br /> amusement arcades, golf driving ranges, billiard halls, tennis centers, and volleyball courts. <br /> The Orono code makes no provision for these types of uses. <br />