Public Hearing. Mayor Duncan introduced the public hearing for Application 23-1, which requests text amendments to the permitted and special uses in the business district regulations of the Zoning Code, and clarifies miscellaneous provisions. As a text amendment to the Zoning Code, this ordinance is subject to a two-step approval process that requires public hearings before the Planning Commission and Council. The Oakwood Planning Commission met on May 3, 2023 and voted 4 – 0, with one member excused absent, to recommend approval of the Zoning Code amendments.

Mayor Duncan explained the public hearing process and shared that Mr. Jacques will be presenting a staff report via Zoom. He further explained that this is a quasi-judicial hearing, so Mr. Jacques will be administering an oath to those in the audience wishing to testify.

Mr. Jacques administered an oath en masse to Mr. and Mrs. Ford.

Mr. Jacques then provided the following report:

The Oakwood Planning Commission met on May 3, 2023 and voted 4 – 0, with one member excused absent, to recommend approval of these Zoning Code amendments to City Council.

The proposed text amendments are an update to the list of permitted uses within both the Community Business (CB) and Neighborhood Business (NB) zoning districts, as well as minor updates to clarify certain provisions. The updates are provided in the form of three separate ordinances: one to update permitted uses in the CB district; one to make similar updates in the NB district; and one to make a few miscellaneous clarifications.

The Oakwood Zoning Code has an exclusive list of permitted uses in the NB and CB business districts. If a particular use is not listed, and a special use or conditional use is not available, the proposed use is denied.

There are a variety of “personal services” that currently do not qualify as a permitted use. Mr. Jacques shared that there have been several instances where city staff has denied a potential business because their proposed use is not listed, even when the proposed business would be a good fit in the community.

Mr. Jacques reviewed specific changes proposed for the lists of permitted and special uses:

• “Salon/spa” has been added to the “Beauty parlor” permitted use. Some of these have been approved in Oakwood under the “Beauty parlor” use, but the code language was clarified to recognize a broader array of services.
• “Fitness/health/wellness service” has been added as a permitted use. This category is intended to include establishments such as gyms, fitness studios, group exercise classes, personal training and coaching, etc.
• “Personal services” has been added as a permitted use. This category is intended to include businesses that provide a non-medical personal service as a primary use, and may include accessory retail sales of products related to the services.
• A provision that makes a Special Use permit available for “Retail or service uses of scale and intensity similar to uses (already) permitted.” This is a catch-all designed to create an administrative review process for proposed uses that may not be listed, but might otherwise be a good fit for Oakwood.
• Consistent with amendments a – d, the off-street parking requirements in Title 11 have been updated to include the new uses.

He then reviewed the following miscellaneous clarifications:

• Miscellaneous clarification: Current language in Sections 402.1 and 402.2 permits “air conditioning condensers and heat pumps” as accessory structures and uses, and designates in which yards they may be placed. This has been updated to include generators and similar mechanical equipment.
• Miscellaneous clarification: Current language in Section 402.2 allows window wells to encroach two feet “into the yard.” This has historically been interpreted to mean “into the required yard,” meaning that the provision is intended to allow a window well to exist within the setback area as long as the main structure is not in the setback area. This language has been clarified accordingly.
• Miscellaneous clarification: Current state law caps the fine for a minor misdemeanor zoning violation at $150. Oakwood’s Zoning Code currently caps the fine at $100. The