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Council moves several HO‑district uses to special‑use permit; unsuccessful attempt to remove churches
Summary
Council approved Ordinance 24‑050 amending the city’s zoning code to require special‑use permits (SUP) for several uses in the highway‑oriented district to protect I‑35 frontage. A motion to remove churches from the SUP list failed; ordinance passed 4–1.
The council considered Ordinance 24‑050, which amends the zoning code to move certain uses in the highway‑oriented (HO) district from 'permitted by right' to 'allowed by special use permit' (SUP).
Emma (staff) told the council the change aims to protect limited I‑35 frontage for high‑quality retail, restaurants and entertainment uses that produce sales tax revenue. The list of uses moved to SUP includes barbershops; banks; physicians/dentists and other health practitioners; laundry/dry cleaning; retail with pickup; and used merchandise/antiques (indoor only). Existing, lawfully established uses would be grandfathered.
Council members discussed legal limits on regulating churches and cited RLUIPA (noted in the hearing) as a concern; Councilman Franklin moved to remove churches from the SUP requirement, but the motion failed for lack of a sustained second and the original ordinance was approved as written 4–1. Council emphasized that the SUP process is intended for review and does not categorically ban listed uses.
