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At present, towing businesses are permitted by
interpretation as accessory uses to service garages and are
allowed independently, by right (subject to site plan
approval) in Commercial Neighborhood (C-1), Industrial Park
(I-1), and Industrial General (I-2) Districts. This
amendment would extend towing and impoundment yards to
Commercial Highway (C-2) Districts by special permit. It
further would change the use from a by-right use to a use
allowed by special permit in Commercial Neighborhood (C-1)
Districts.
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Summary Staff Report:
A recent
enforcement action prompted staff to review the Zoning
Ordinance regulations pertaining to towing operations.
Staff is aware of ten towing businesses in the County,
through review of a list provided by the Sheriff’s Office.
The businesses are located in C-1, C-2, I-1 and I-2
Districts. A review is underway to determine if they are
legally operating under the zoning laws.
The Zoning
Ordinance does not specifically list towing companies as a
use; however, motor vehicle impoundment facilities are a
specific use under Section 3.314.6 in the C-1, I-1 and I-2
districts, with a limit of 10 vehicles. In addition, towing
businesses have been allowed by interpretation as an
accessory use to auto repair garages under Section 3-314.3;
such garages are allowed in all commercial and industrial
districts. There is no provision in the Zoning Ordinance
for the businessman who simply has a truck and transports
vehicles to impoundment yards or garages.
Staff believes it is appropriate to allow, by-right,
impoundment yards in Industrial Districts subject only to
site plan approval; the existing ordinance does so. Oddly,
impoundment yards are currently allowed by-right in C-1
Districts but not at all in C-2 Districts. Both of these
districts are intended to be primarily for retail and
service uses, rather than storage of motor vehicles. But,
given the small size of allowed impoundment yards (10
vehicles), staff believes there may be some instances where
it is appropriate to allow a towing company and/or
impoundment area on the property, particularly since auto
repair stations, a similarly impactive use, are already
allowed in both zoning districts. In the particular
enforcement case raising the issue, the towing
company/impoundment lot would locate a small portion of a
C-2 lot already occupied by other uses. Therefore, staff
recommends allowing impoundment yards in both the C-1 and
C-2 districts, subject to special permit and site plan
approval. Appropriate changes to Section 3-314 are proposed
as well as additional standards in a new Section 5-1407.
The standards are intended to assure appropriate location
and screening of the use.
At present, the County has three towing companies using one
impoundment yard, located in an I-1 District. Such multiple
use is allowed, however, the facility is restricted to ten
vehicles; the operator can not have multiple ten vehicle
impoundments.
Staff further recommends that towing businesses be allowed
to operate from Industrial Districts, regardless of whether
they impound on the site or at another site, or nowhere at
all. A change to Section 3-314 is proposed to allow such
towing businesses.
This
proposed amendment was initiated by the Planning Commission
on January 25, 2007. The Planning Commission, after public
hearing, unanimously recommended approval on February 15,
2007.
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