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Plan Commission Mitltes October 24, 1990 Page 3 . excluding basement windows. Such bars installed before the effective date of this subsection (insert date) may remain subject to the provisions of section 34-81 until such time as there is a change in the occupancy of the property or dwelling unit after such date. Mr. Marsh seconded the motion which passed by a vote of 5-0. ZONING CODE TEXT AMENDMENT PROPOSAL - PROVISION FOR OUTPATIENT FACILITIES FOR THE TREATMENT OF ALCOHOL AND OTHER DRUG ABUSE. Chairperson Kreishman asked Ms. Elwood to review the Planning staff proposal to provide for certain medically-related uses in the Zoning Code. Ms. Elwood explained that Commission members had received copies of a recently enacted Missouri statute which appears to require that zoning ordinances for counties, cities, towns and villages with a population over 500 provide for establishing as either permitted, conditional or special uses "residential or outpatient facilities for the treatment of alcohol and other drug abuse." In reviewing the Zoning Code, Planning staff looked to see if any medically-related uses currently included in the various zoning districts could be interpreted to include facilities for the treatment of alcohol and other drug abuse in order to meet the new statutory requirement. The current University City Zoning Code does not define the terms for its medically-related uses such as "Convalescent Homes", "Nursing Homes", "Hospitals", "Medical Offices," or "Clinics". Also, the question was raised whether, if these terms could be interpreted to include facilities for the treatment of alcoholism or other drug abuse, these uses remained in the appropriate zoning districts. Planning staff proposed possible definitions for convalescent homes, hospitals, dormitories, nursing homes, medical offices and outpatient clinics which could be included in section 34-90. Also, specific provision could be made for Outpatient Clinics as conditional uses in the "IC"-Industrial Commercial District, with the proposed definition to include outpatient facilities for the treatment of alcohol and other drug abuse. Ms. Elwood did inform Commission members that the City Attorney did not believe that the new state law required university City to amend the Zoning Code in any way because: a) the word "shall" as used in the statute does not mandate any action; i.e. the word "shall" is discretionary and not mandatory; and b) since the current University City Zoning Code already provides for certain medically-related uses as either permitted uses, conditional uses, or uses approvable by site Plan Review, the City could decide to include either residential or outpatient facilities for the treatment of alcohol or other drug abuse under the existing, undefined categories as each situation arises. In any event, the new law does state that zoning codes must provide for such uses by January 1, 1991. Ms. Elwood asked for suggestions from Commission members.