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City attorney recommends cautious, conditional approach to revising permitted uses in Arcade commercial zones
Summary
City Attorney Jody Campbell advised council members to favor conditional designations rather than bans when updating Table 8.1 (Permitted/Conditional/Not Permitted uses) and asked members to email preferences by April 18 so he can draft an amendment if at least two members concur.
Arcade — City Attorney Jody Campbell urged the Arcade City Council on April 14 to take a cautious, case-by-case approach when reviewing permitted uses in commercial and industrial zoning districts. He recommended moving potentially problematic "permitted" uses to "conditional" status rather than outright banning them, to reduce the risk of legal challenges to zoning amendments.
Administrative Assistant Stephanie Johnson told the council that there is growing interest from prospective businesses in Arcade, prompting a review of the city’s Permitted, Conditional and Not Permitted lists in Table 8.1 of the Arcade Land Use Management Code. Campbell explained that a use marked "P" (permitted) allows a business to apply only for a business license and limits the council’s ability to impose site-specific conditions; a "C" (conditional) designation brings the proposal before the council for case-by-case review and permits conditions on approval; an "X" marks a prohibited use.
Campbell gave an example of gas-station and convenience-store development: if the market becomes saturated, reclassifying that use from "permitted" to "conditional" would allow the council to evaluate location-specific impacts rather than banning the use across the entire district. He also distinguished accessory uses from primary uses and contrasted the C-1 and C-2 zoning categories. Campbell said his practice will be to apply a "Rule of 2": if two or more council members signal they want a use changed, he will draft an amendment ordinance for the next council meeting and meet statutory advertisement requirements.
Council members were asked to review Table 8.1, focus on C-1 and C-2 districts abutting residential or agricultural properties, mark preferences for questionable uses and email those preferences to Campbell by Friday, April 18. No ordinance was introduced at the April 14 meeting; the discussion was advisory and intended to guide ordinance drafting.
What's next: Council members will provide feedback by the stated deadline. If two or more members agree on a change, the city attorney will prepare an amendment ordinance for council consideration and required public notice.
