BACKGROUND: The current City of Decatur Zoning Ordinance was adopted in May of 2002. Over time, Staff has determined certain amendments are necessary to make the Zoning Ordinance more comprehensive and applicable to the changing built urban environment.
Currently, “school: public, parochial, or private” is a Permitted Use in all residential zoning districts, but not in any of the commercial or industrial zoning districts. However, Schools, Commercial: Para-Professional e.g. barber and beauty school, and Trade and Technical e.g. training and technical programs in welding and carpentry, are Permitted Uses and/or Conditional Uses in all commercial zoning districts as well as M-1 Intense Commercial-Light Industrial District. Specifically, amendments to SECTION XI.C. B-1 Neighborhood Shopping District and SECTION XII.B. – B-2 Commercial District are proposed to add “school: public, parochial or private” to the list of Conditional Uses in the B-1 Neighborhood Shopping District and B-2 Commercial District.
The proposed amendments are to allow for “School: public, parochial or private” by a Conditional Use Permit in the B-1 Neighborhood Shopping District and B-2 Commercial District. Schools: public, parochial or private are currently allowed as permitted uses in the R-1 Single Family Residence District, R-2 Single Family Residence District, R-3 Single Family Residence District, R-5 Two Family Residence District, and R-6 Multiple Dwelling District when they are located at least forty (40) feet from any side or rear lot line.
The proposed amendments for the B-1 and B-2 Districts would provide consistency with these types of use in all the residential zoning districts. As a conditional use, they would be subject to a public hearing and approval process that each petition would be reviewed and evaluated on a case-by-case basis. Appropriate development conditions could be imposed if warranted for each Conditional Use Permit.
Further, the proposal would add to greater flexibility for the conversion of existing commercial buildings for such school uses at certain neighborhood and larger commercial strip centers. As Commercial Schools (Para-Professional/Trade and Technical) are currently allowed as Permitted and/or Conditional Uses in the B-1 and B-2 Districts, “School: public, parochial or private” would not be inconsistent with those types of schools, considering they are all educational in nature and have traffic generation impact that could be reviewed in association with a specific proposed facility and location.