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Summary Staff Report:
At present,
business offices are allowed in Commercial Districts and
Industrial parks. Depending upon the size of the facility,
the use is permitted by right or by special permit.
A controversy
erupted recently when a business for counseling sex
offenders began in a Commercial District (C-1) next to a
residential neighborhood; the business is a by right use
permitted in a business office. This controversy caused the
County to re-evaluate its zoning classifications in this
regard; not all business uses are the same. This proposed
amendment arises out of that evaluation. The proposed
amendment is to
allow psychological and behavioral therapy offices in
Commercial Districts by special permit. In this way, a
case-by-case determination may be made for the
appropriateness of such uses.
Since the Planning Commission action, a question was raised
by a citizen as to whether the proposed change would prevent
a recurrence of the recent controversy. The answer is
likely, yes. A special permit requires notice and a public
hearing. At such time, concerned residents can provide
input to the Board of Zoning Appeals. One of the General
Standards applicable to all special permits is the
following: “The proposed use
shall be such that it will not adversely affect the use or
development of neighboring properties.”
It is inherent that under this section, the Board of
Zoning Appeals could deny a special permit application for
various kinds of counseling located adjacent to or in a
residential community. If, however, the Board of Supervisors
wants to emphasize this point to the Board of Zoning
Appeals, it could amend the proposed Ordinance to include a
new section as follows:
5-1307 Additional Standards for Psychological
and Behavioral Therapy Offices
1.
Special permits shall not be issued for such offices
treating sexual offenders at locations in proximity to
residential neighborhoods, schools, playgrounds,
and other locations that potentially pose undue
accessibility to children.
This
language has the additional benefit of making clear that sex
offenders fall within the category “Psychological and
Behavioral Therapy Offices.”
This proposed amendment was initiated by the Planning
Commission on November 30, 2006. On December 19, 2006, the
Planning Commission unanimously recommended approval.
The Ordinance recommended by the Planning Commission
established “psychological and behavioral therapy offices”
as a new Subsection 30 in Section 3-313. Since the Planning
Commission action, the Board of Supervisors passed a Zoning
Ordinance text amendment to Sections 3-312, 3-313, 3-400,
5-1200, 5-1300, and 15-300, to amend approval requirements
for commercial retail and business uses. Because of changes
to Section 3-313, the subsections now end at 26. Another
potential addition to Section 3-313 is in the legislative
pipeline and anticipated to become Subsection 27.
Accordingly, this report shows “psychological and behavioral
therapy offices” as Subsection 28. |