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Council hears plan to amend village mixed-use tables; attorney warns against blanket bans on lotteries and adult uses
Summary
City staff presented draft code amendments to streamline permitted and conditional use tables for village commercial and mixed-use districts and reported the city attorney advised against outright bans on lottery and adult-entertainment businesses because of constitutional and state law limits.
City planner Alex Lopez told the council Jan. 15 that staff and the planning commission had worked to modernize and streamline permitted and conditional use tables for the village commercial and mixed-use zoning districts.
Lopez said the planning commission discussed adding explicit prohibitions on video lottery terminals, off-track betting and adult-entertainment uses, but the city attorney advised that “some of those prohibitions would be unconstitutional due to free speech provisions within the Oregon constitution,” and that Oregon statutes bar local regulation of the state lottery.
“[T]he city attorney directed us that if the…
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