20.32.090 Prohibition on new schools, day care centers, youth centers, and places of religious assembly.
A. Within the Urban Agriculture Overlay Zone. The establishment of any new public or private schools or tutoring centers providing instruction in kindergarten or any grades one through 12 unless otherwise mandated under state or federal law, day care center, youth center, or place of religious assembly is prohibited within the Urban Agriculture Overlay Zone, or within 600 feet of the boundaries of the Urban Agriculture Overlay Zone, unless otherwise mandated under state or federal law. An existing public or private school or tutoring center providing instruction in kindergarten or any grades one through 12, day care center, youth center, or place of religious assembly located within the Urban Agriculture Overlay Zone, or within 600 feet of the boundaries of the Urban Agriculture Overlay Zone shall be considered legal nonconforming, in accordance with Chapter 20.80 CMC, Nonconforming Buildings, Structures, and Uses, but shall still be considered a sensitive use pursuant to CMC 5.30.050 for the establishment of any cannabis retailer in the Urban Agriculture Overlay Zone.
B. In Adjacent Zones. The following restrictions apply to the following uses in all zones pursuant to Tables 20.16-1, 20.20-1, and 20.28-1:
1. Schools, Public and Private, or Tutoring Centers, in Residential Zones. Schools, public and private, or tutoring centers providing instruction in kindergarten or any grades one through 12 unless otherwise mandated under state or federal law, are prohibited if located within 600 feet of a residential zone located within the Urban Agriculture Overlay Zone as shown on the zoning map, unless otherwise mandated under state or federal law.
2. Day Care Centers. Day care centers and family day care homes occupying any portion of the Civic Mixed-Use Zone or any residential zone are prohibited if located within 600 feet of the Urban Agriculture Overlay Zone as shown on the zoning map, unless otherwise mandated under state or federal law.
3. Schools, Business and Professional, in Mixed-Use Zones. Schools which provide instruction in kindergarten or any grades one through 12 that occupy any portion of the Civic Mixed-Use Zone are prohibited if located within 600 feet of the Urban Agriculture Overlay Zone as shown on the zoning map, unless otherwise mandated under state or federal law. (Ord. 730 § 29, 2022; Ord. 690 § 4 (Exh. A), 2018).