Planning & Community Development Department
City Council
March 27, 2023
Appeal
Zoning Administrator Determination
1312 North Lake Ave
Planning & Community Development Department
Z.A. Determination
2 • Determination:
> Determination by the Zoning Administrator that a billiards use, located at 1312 N Lake Ave, may only operate between the hours of 7:00am to 10:00pm, as required by Zoning Code Section 17.40.70 (Limited Hours of Operation).
• Appeal:
> Appeal of the Determination stating that the billiards use, a nonconforming, use is not subject to Section 17.40.070.
Planning & Community Development Department
Project Location
3 N
Planning & Community Development Department
Background
4 April 25, 2022: Code Compliance, in responding to complaints about noise and loitering into the late hours, issued a citation that the business was operating after 10:00 pm and in violation of Section 17.40.070 (Limited Hours of Operation).
September 29, 2022: The Zoning Administrator issued a determination that the business may only operate between the hours of 7:00am to 10:00pm, as required by the Zoning Code. October 6, 2022: The appellant, Crown City Billiards & Lounge (also known as: Jerry’s Family Billiards), submitted an appeal of the Zoning Administrator’sdetermination,citing a disagreement with the decisionthat was made.
November 17, 2022: The Board of Zoning Appeals considered the Appeal and continued the hearing to a date uncertain to allow the business owner, property owner, neighbors, and City representativesto meet. The applicantelected not to meet. January 19, 2023: The Board of Zoning Appeals reviewed the appeal and upheld the Zoning Administrator’s Determination that the hours of operation for the business are between 7:00 am and 10:00 pm.
January 30, 2023: The business operator submitted an appeal application to the City Council citing disagreementwith the Board of Zoning Appeals’determination.
Planning & Community Development Department
Appeal Summary
5 The use is legal and nonconforming and therefore not subject to Section 17.40.070 (Limited Hours of Operation);
There is no evidence of a revocation, termination, or suspension of a permit to operate the use since a permit was not required at the time of the establishment of the use; and
That the code compliance certificate approval on file with City records, which indicates the hours of operation of the business is from 9:00 am to 10:00 pm, was not completed by the business operator nor its representative, therefore the City cannot rely on this application to determine the hours of operation.
Planning & Community Development Department
Nonconforming Use History
6 The business is a nonconforming use.
The billiards use has been in operation since January 1985.
• Use was allowed in the former C-2 zoning district.
• There were no restrictions on hours of operation at that time. Currently, a billiards use is no longer permitted in the zoning district.
• However, it may continue operating as a nonconforming use.
Planning & Community Development Department
Legislative History Regarding Hours of
Operations
7 Ordinance No. 6096 - Adopted in May 1985
Limited hours of operation from 7:00 am to 10:00 pm
Commercial uses located within 100 feet of a residential zoning district CUP required to operate past 10:00 pm
New rules only applied to new businesses and businesses that were enlarging Did not apply to the existing business since it was operating since January 1985 Ordinance No. 6592 - Adopted in January 1994
Amended the limited hours of operation to also apply to existing businesses Removed the distinction that the rules only applied to new or expanding businesses. CUP required for any business to operate past 10:00 pm, when located within 150 feet of a residential zoning district
A business that was operating after 10:00 pm, when the ordinance was adopted, was required to obtain a Conditional Use Permit or stop operating after 10:00 pm; the hours of operation for a business were not considered “grandfathered” or established as nonconforming.
The business does not have a Conditional Use Permit to operate past 10:00 pm.
Planning & Community Development Department
Responses to Appeal
8 The existing business is nonconforming, and it may continue to operate. As established under Ordinance No. 6592, a Conditional Use Permit is required for any business, new or existing, to operate past 10:00 pm; when located within certain proximity to a residential zoning district.
A business that was operating after 10:00 pm, when the ordinance was adopted, was required to obtain a Conditional Use Permit or stop operating at 10:00 pm; the hours of operation are not considered “grandfathered” or established as nonconforming.
The business does not have a Conditional Use Permit.
Planning & Community Development Department
Conclusion and
Recommendation
9 Staff has considered the appeal and has determined that the Zoning Administrator’s Determination was correctly made. It is recommended that the City Council uphold the Board of Zoning Appeals decision, upholding the Zoning Administrator’s Determination.
If the applicant wants to be open past 10:00 pm, they can submit a Conditional Use Permit application.
Planning & Community Development Department
City Council
March 27, 2023
Appeal
Zoning Administrator Determination
1312 North Lake Ave
Planning & Community Development Department
Block 5
11 Planning & Community Development Department
Ordinance No. 6096 - 1985
12 Planning & Community Development Department
Ordinance No. 6592 - 1994
13 Planning & Community Development Department
Ordinance No. 6592 - 1994
14 Planning & Community Development Department
Code Compliance Certificate
15 A Code Compliance Certificate is a form used to verify if a use complies with the Zoning Code and is part of the business license process. The form includes information about, but not limited to, land use, parking spaces, and hours of operation
The hours of operation specified in the approved form are consistent with Zoning Code Section 17.40.070 (7am-10pm).
The appellant submitted a Code Compliance Certificate, dated August 1, 2017, indicating that the hours of operation for the business would be 9:00 am to 10:00 pm. The form was approved by Planning.
The applicant submitted a report analyzing the handwriting on the entry for the hours of operation, contending the hours of operation portion was completed by someone other than the applicant.
Planning & Community Development Department
16 Planning & Community Development Department
17 ABC APPLICATION – 1984/1985
Planning & Community Development Department
18 ABC APPLICATION – 1984/1985