HomeMy WebLinkAbout623-OBDATE: April 15,2002
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
M
SUBJECT: Consider a request to amend the Zoning Ordinance to delete adult entertainment uses
from the RCR, NC, NSC, GC -MD, GC-MD-2 and GC-MD-3 Districts, redefine
measurements between adult entertainment uses and dwellings instead of residential
zoning districts, establish a distance of 1,500 feet between adult entertainment uses and
a dwelling, church, child care facility, school, hospital, public building or public park
and define the method of measuring the distance between an adult entertainment use
and other uses.
FILE: 623-OB
STAFF REPORT
The Planning Manager recommends approval of these recommended changes to the Zoning
Ordinances.
Staff feels the need for a number of changes to the Zoning Ordinance in order to clarify in
which zoning districts adult entertainment uses are permitted and the method by which the
distance between adult entertainment uses and other uses is measured. There is also a need to
make the Zoning Ordinance and Article VI, "Sexually Oriented Businesses", of the City Code
of Ordinances conform in relation to what distance an adult entertainment use may be from a
dwelling, church, child care facility, school, hospital, public building or public park,
Currently, the Zoning Ordinance allows an eating and/or drinking place with adult
entertainment and video tape rental businesses that rent adult video tapes in RCR, NC, NSC,
GC -MD, GC-MD-2 and GC-MD-3 Districts by right or with a specific use permit. Staff
recommends that Sec. 30-24B, Permitted Use Table, be amended to delete, as an allowed use
either by right or with a specific use permit, the aforementioned uses from said zoning districts.
This would clear up any interpretation conflicts that may occur.
See. 30-33(b)2a of the Zoning Ordinance states that "an adult entertainment use shall not be
established or expanded within five hundred (500) feet of the distr-ict boundary line of ally
residential zoning tlistrict".
Article VI, Sexually Oriented Businesses, Sec, 7-84(e)5 of the City Ordinance states that "the
applicant's proposed sexually oriented business is located within one thousand five hIIII(Ired
(1,500)feet from any church, child care facility, school, dwelling, hospital, public building
or public park".
Staff recommends amending Sec. 30-33(b)2a of the Zoning Ordinance to read as follows:
a. An adult entertainment use shall not be established or expanded within five handred
(5" fifteen hundred (1,500) feet ofthe districtbotni'ary !-me ol'any residential z
district of any dwelling.
C. An adult entertainment use shall not be established or expanded within seven handre
fifty (750) fifteen hundred (1,500) feet of the property line of a church, child care
facility, school, hospital, public building, or public park.
d. The method of measuring the distance between an adult entertainment use and another
adult entertainment use or any other use shall be from nearest property line to nearest
property line of said uses.