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HomeMy WebLinkAbout1096_Amending Owasso Zoning Code Ch 6, Section 650 - Sexually Oriented BusinessesTulsa County Clerk - Michael Willis Doc p 2017013089 Page(s): 6 3:•' � 02/10/2017 12:08:40 PM a: Receipt 0 17 -8181 OOkCAHOMPO Fee: $ 23.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1096 AN ORDINANCE RELATING TO THE CITY OF OWASSO ZONING CODE AS CODIFIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, AMENDING SUB - CHAPTER 6 COMMERCIAL DISTRICT PROVISIONS, DECLARING AN EMERGENCY AND AUTHORIZING THE EMERGENCY ORDINANCE TO BECOME EFFECTIVE UPON THE DATE OF APPROVAL BY THE CITY COUNCIL AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for the amendments to the Owasso Zoning Code herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested amendments to the Owasso Zoning Code NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE (1): Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, Sub - Chapter 6, Commercial District Provisions, Section 650 of the Owasso Code of Ordinances, shall be amended to read as follows: SECTION 650 LOCATIONS OF SEXUALLY ORIENTED BUSINESSES 650.1 Definitions As used in this Section, the terms sexual conduct and specified anatomical areas shall mean as follows: 1. Sexual Conduct includes the following: A. The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; B. Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy; C. Masturbation, and; D. Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above. 2. Specified Anatomical Areas includes the following: A. Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola. B. Human male genitals in a discernible turgid state, even if completely and opaquely covered. For the purpose of this Ordinance, sexually- oriented businesses are defined as follows: 1. Adult Amusement or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or materials depicting, describing or relating to Sexual Conduct or Specified Anatomical Area, as defined herein, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment. 2. Adult Toy or Novelty Store: An establishment having as greater than a 10% Portion of its stock or display area in toys novelties costumes accessories and other materials related to Sexual Conduct Specified Anatomical Areas or erotic entertainment 3. Adult Bookstore: An establishment having as a significant portion of its stock in trade books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 4. Adult Mini Motion Picture Theater: An enclosed building with a capacity of less than 50 persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 5. Adult Motel: A motel wherein material is presented, as part of the motel services, via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 6. Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug - operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five or fewer persons per machine at one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 7. Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. S. Massage Parlor: Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with Sexual Conduct or where any person providing such treatment, manipulation or service related thereto exposes Specified Anatomical Areas. 9. Model Studio: Any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display Specific Anatomical Areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. 10. Sexual Encounter Center: Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devises or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not be limited to bath houses, massage parlors, and related or similar activities. 650.2 Prohibition No person shall cause or permit the establishment of any of the sexually oriented businesses as defined in Section 650.1, in an area zoned other than "CH" and "CG ". In addition, no person shall cause or permit the establishment of any of the sexually oriented businesses, as defined in Section 650. 1, within one thousand (1000) feet of any other sexually oriented business, or within one thousand (1000) feet of a church, day care, school (type which offers a compulsory education curriculum), public or private park, or within one thousand (1000) feet of areas zoned residential or within one thousand (1000) feet of a nonarterial street which provides access to a residentially zoned area. Provided further that the Planning Commission may permit by a Specific Use Permit sexually oriented businesses, as defined in 650.1 in an IL, IM, or IH District, subject to the distance limitations set forth herein. All businesses that meet the definition of a sexually- oriented business shall not have any items displayed in the windows in public view. All exterior windows and doors shall be opaque so as to prohibit the viewing of any items from outside of the store Persons under the age of eighteen (18) shall not be permitted in any sexually oriented business Every sexually- oriented business shall display signaae prohibiting persons under the age of eighteen (18) within the business The establishment of a sexually oriented business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business, in either scope or area, or the conversion of an existing business location of any of the uses described in Section 650.1. Nothing in this Ordinance is intended to make legal any business or activity that is expressly declared illegal under the provision of this Code or under any state or federal laws. SECTION TWO (2): CODIFICATION Sub - Chapter 6, Commercial District Provisions, Sections 650 as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, is hereby amended as set forth above. SECTION THREE (3) REPEALER That all ordinances or parts of ordinances in conflict herewith be, and the some are hereby expressly repealed. SECTION FOUR (4) SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE - EMERGENCY It is necessary for the immediate preservation of the peace, health, and safety of the City of Owasso, Oklahoma, and the inhabitants thereof that this Ordinance become operative immediately and, therefore, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately from and after its passage and approval on February 7, 2017. SECTION SIX (6) FILING OF ORDINANCE That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED this 71h day of February, 2017, h the emergency use voted upon and approved separately. OF O- yN Ly ell nn, Mayor ATTEST: n� orxrcrAr o Sherry Bishoi6!City Clerk akCAHOMP (SEAL) AP VEQAS/IO FORM: JulirLombardi, City Attorney U y p CITY OF OWASSO /LEGALS Attn JULIE STEVENS PO BOX 180 OWASSO, OK 74055 Rm Mmw ledger C.. American O .ftp x • WagarcrTnWun SxWSP,Ings Leadtt • SMalmklownal Tulsa Busl ,p Lg l N OKLAHOMA WEEKLY GROUP P.O. BOX 26945 RICHMOND, VA 23261 -6472 Account Number 1015023 Date February 15, 2017 Date Category Description Ad Size Total Cost 0211512017 Legal Notices ORDINANCE 1096 2 x 217.00 CL 277.76 340649 Published in the Owasso Reporter, Owasso, Tulsa Coun- ty, Oklahoma, February 15, 2017. CITY OF OWASSO, OKLAHOMA ORDINANCE 1096 AN ORDINANCE RELATING TO THE CITY OF OWASSO ZONING CODE AS CODIFIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLAN - NING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, AMENDING SUB- CHAPTER 6 COMMERCIAL DISTRICT PROVI- SIONS, DECLARING AN EMERGENCY AND AU- THORIZING THE EMERGENCY ORDINANCE TO BECOME EFFECTIVE UPON THE DATE OF AP. PROVAL BY THE CITY COUNCIL AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Public hearings have been held regarding the request for the amendments to the Owasso Zoning Code herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commis- sion and all statements for or against the requested amendments to the Owasso Zoning Code NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE (1): Part 12, Planning, Zoning and De- velopment, Chapter 2, Zoning Regulations, Sub-Chapter 6, Commercial District Provisions, Section 650 of the Owasso Code of Ordinances, shall be amended to read as follows: SECTION 650 LOCATIONS OF SEXUALLY ORIENTED BUSINESSES 650.1 Definitions As used in this Section, the terms sexual conduct and specified anatomical areas shall mean as follows: 1. Sexual Conduct includes the following: A. The fondling or other touching of human genitals, Pu- b e region, buttocks, or female breasts; B. Ultimate sex acts, normal or perverted actual or sl- mulated, Including intercourse, oral copulation, sado- my; C. Masturbation, and: D. Excretory functions as part of or In connection with any of the activities set forth in (A) through (G above. 2. Specified Anatomical Areas includes the following: A. Human genitals, pubic region, buttocks, and female breasts below a point Immediately above the top of the aeola. B. Human male genitals in a discernible turgid state, eyen If completely and Opaquely covered. For the purpose of this Ordinance, sexually - oriented businesses are defined as follows: or On emphasis On ig or relotino to or temme Impersonators or on 4. Adult Minl Motion Picture Theater: An enclosed building with a capacity of less than 50 persons used for Presenting material distinguishing or character. ized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. S. Adult Motel: A motel wherein material Is Present- ed as Part of the motel services, via closed circuit Tv or otherwise, which Is distinguished or characterized by an emphasis on depicting or describing Sexual Con- duct or Specified Anatomical Areas. 6. Adult Motion Picture Arcade: Any place to which the public Is permitted or Invited wherein coin or slug - operafed or electronically, electrically or mechanical. ly controlled, still or motion Pictue machines, Projectors, or other image - producing devices are maintained to show Images to five or fewer persons Per machine at one time, and where the Images so dls- PlOyed are distinguished or characterized by an em- phasis on depicting or describing Sexual Conduct Or Specified Anatomical Areas. 7. Adult Motion Picture Theater: An enclosed build. ing with a capacity of 50 or more persons used for Pre- senting material distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 8. Massage Parlor: Any Place where for any form of consideration or gratuity, massage, alcohol rub, ad- ministration of fomentation., electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as Port of or In connection with sexual Conduct ar where any Person PIOVlding such treatment, manipulation or service related fhere- to exposes Specified Anatomical Areas. 9. Model Studio: Any place other than university or col. lege art classes where, for any form of consideration or gratuity, figure models who display Specific Anatomical Areas are Provided to be observed, sketched, drawn, Mint- ed sculptured, photographed or similarly depicted by Per. sons paying such consideration or gratuity. 10. Sexual Encounter Center: Any building or structure •f+•ni�a �abcr^F S11 q.qd Jryovrsre• ✓N�•1C819�•�:_ )SSEMO 10'£0 Swe1011yt a>luowel JOPIA •2uawalzzaawa Proof of Publication I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a Weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 or Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published In the regular edition of said newspaper during the period and time of publication and not in a supplement, on the DATE(S) LISTED BELOW 02/15/2017 Newspaper reference: 0000340649 / Legal Representative Sworn to and subscribed before me this date: My Commission expires: '& Notary Public in and lot STATE OF OKLAHOMA Commission #16004547 Expires: May 6, 2020 All businesses that meet the definition of a sexi or en us ness she no eve an 1 ms s a e w n ows n u 1c view. a er or w n oW, )ferns srom ou s ague gas ore. ro 1 view Persons under the age of el trimn (18) shall not b m: e n an sexua v-or en us ness. ver sex us ness s a_ s ot s: not a pro 1 1 n � 9 f elgnlee l ) The establishment of a sexually oriented business Include the opening of such business as a new bus the relocation of such business, the enlargement a business, business locatiioon of any ofrthe uses Cescrl Section 650.1. Nothing in this Ordinance Is intended to make leg or carlthesProvision activity that this is express ly alny state ail oral laws. SECTION TWO (2): CODIFICATION Sub-Chapter a codified in In rtheeOwassDistrict dee of Ordinance ingPlanning, s,ihaleh Regulations, hereby Development, as et fort m SECTION THREE (3) REPEALER That ordinances the same are expres pealed. SECTION FOUR (4) SEVERABILITY It any part or Parts of this ordinance are deemed stltutlonal, Invalid or Ineffective, the remaining shall not be affected but shall remain In full force Sect. SECTION FIVE (S): DATE- EMERGENCYECTI It Is necessary for the Immediate Preservation Peace, health, and safety of the City Of Owasso, ma, and the Inhabitants thereof that this Ordino come operative immediately and, therefore, an er cy is hereby declared to exist and this Ordinance In full force and effect immediately from and passage and approval on Febuary 0 a 1 < SECTION SIX (6) FILING OF ORDINANCE County I TulsatCounty, Okahlomal,eatrue and correct cop' Ordinance. PASSED AND APPROVED this 7th day of Ft 2017, with the emergency clause voted upon proved separately. /s/ Lyndell Dunn, Mayor ATTEST: /s/ Sherry Bishop, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney LA The City wit out Limits. APPROVED BY COUNCIL TO: The Honorable Mayor and City Council FEB 0 7 2017 City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Ordinance 1096 - Amending Owasso Zoning Code, Chapter 6, Section 650 - Sexually - Oriented Businesses DATE: February 3, 2017 Review of the Owasso Zoning Code has revealed that there are certain types of business that would be considered of an adult or sexually- oriented nature that are not adequately addressed in the Owasso Zoning Code. Staff has brought forward possible changes for consideration by the Planning Commission and City Council. ANALYSIS: Per the Owasso Zoning Code, a sexually- oriented business is considered one of the following: • Adult Amusement of Entertainment • Adult Bookstore • Adult Mini- Motion Picture Theater • Adult Motel • Adult Motion Picture Arcade • Adult Motion Picture Theatre • Massage Parlor • Model Studio • Sexual Encounter Center *Please see attached Section 650 for full definitions. The Zoning Code currently states that: "No person shall cause or permit the establishment of any of the sexually oriented businesses as defined in Section 650. 1, in an area zoned other than "CH" and "CG ". In addition, no person shall cause or permit the establishment of any of the sexually oriented businesses, as defined in Section 650, 1, within one thousand (1000) feet of any other sexually oriented business, or within one thousand (1000) feet of a church, day care, school (type which offers a compulsory education curriculum), public or private park, or within one thousand (1000) feet of areas zoned residential or within one thousand (1000) feet of a non - arterial street which provides access to a residentially zoned area. Provided further that the Planning Commission may permit by a Specific Use Permit sexually oriented businesses, as defined in 650.1 in an IL, IM, or IH District, subject to the distance limitations set forth herein." Cities are legally required to allow commercial businesses of all types, but can add additional regulations via zoning to ensure that businesses are located in appropriate locations. This additional proposed language regarding sexually- oriented businesses is designed to ensure that these types of sexually- oriented businesses are only allowed in areas that would be least impactful to the community and far from areas where populations of children and families are found. The proposed change to Section 650 would add another category of definitions to the sexually- oriented businesses, make additional requirement that no children under the age of 18 be allowed inside and ensure that no sexually- oriented products can be displayed in windows. The additional category under sexually- oriented business would read: "Adult Toy or Novelty Store: An establishment having as greater than a 10% portion of its stock or display area in toys novelties costumes,., accessories and other materials related to Sexual Conduct Specified Anatomical Areas or erotic entertainment." Staff feels that the addition of this language would ensure that all types of sexually oriented businesses would be listed and regulated accordingly. Due to changes in business models since the original section of the code was written, boutiques and adult novelty shops are currently allowed in any retail zoning district of the City without having to meet the sexually- oriented business requirements. The other addition to the Zoning Code would be the following 2 sections: "All businesses that meet the definition of a sexually- oriented business shall not have any items displayed in the windows in public view. All exterior windows and doors shall be opaque so as to prohibit the viewing of any items from outside of the store." "Persons under the age of eighteen (18) shall not be permitted in any sexually oriented business. Every sexually- oriented business shall display signage prohibiting persons under the age of eighteen (18) within the business." Staff feels that the addition of this language would ensure that if a business did locate within Owasso, all possible protections of the public are made, especially in reference to children and families. As a part of the recommended language addition to chapter 650, staff will ask the Council to declare an emergency of Ordinance 1096. Declaring an emergency will make Ordinance 1096 effective immediately. PLANNING COMMISSION: The Planning Commission will consider this item at a Special Meeting on February 6, 2017. Staff will recommend approval of the attached language to the Planning Commission. Staff will provide the Council with an update of the Planning Commission's action, along with any proposed changes to the language. RECOMMENDATION: Staff recommends approval of Ordinance 1096, amending the language of Chapter 6, Section 650 of the Owasso Zoning Code. Additionally, staff recommends approval of the declaration of an emergency for Ordinance 1096, making the ordinance effective immediately. ATTACHMENTS: Ordinance 1096 Current Version of Chapter 650 of the Owasso Zoning Code Current Language- Chapter 650 SECTION 650 LOCATIONS OF SEXUALLY ORIENTED BUSINESSES 650.1 Definitions As used in this Section, the terms sexual conduct and specified anatomical areas shall mean as follows: 1. Sexual Conduct includes the following: A. The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; B. Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy; C. Masturbation, and; D. Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above. 2. Specified Anatomical Areas includes the following: A. Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola. B. Human male genitals in a discernible turgid state, even if completely and opaquely covered. For the purpose of this Ordinance, sexually - oriented businesses are defined as follows: 1. Adult Amusement or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or materials depicting, describing or relating to Sexual Conduct or Specified Anatomical Area, as defined herein, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment. 2. Adult Bookstore: An establishment having as a significant portion of its stock in trade books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 3. Adult Mini Motion Picture Theater: An enclosed building with a capacity of less than 50 persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 4. Adult Motel: A motel wherein material is presented, as part of the motel services, via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 5. Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug- operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five or fewer persons per machine at one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 6. Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 7. Massage Parlor: Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with Sexual Conduct or where any person providing such treatment, manipulation or service related thereto exposes Specified Anatomical Areas. 8. Model Studio: Any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display Specific Anatomical Areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. 9. Sexual Encounter Center: Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devises or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not be limited to bath houses, massage parlors, and related or similar activities. 650.2 Prohibition No person shall cause or permit the establishment of any of the sexually oriented businesses as defined in Section 650.1, in an area zoned other than "CH" and "CG ". In addition, no person shall cause or permit the establishment of any of the sexually oriented businesses, as defined in Section 650.1, within one thousand (1000) feet of any other sexually oriented business, or within one thousand (1000) feet of a church, day care, school (type which offers a compulsory education curriculum), public or private park, or within one thousand (1000) feet of areas zoned residential or within one thousand (1000) feet of a nonarterial street which provides access to a residentially zoned area. Provided further that the Planning Commission may permit by a Specific Use Permit sexually oriented businesses, as defined in 650.1 in an IL, IM, or IH District, subject to the distance limitations set forth herein. The establishment of a sexually oriented business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business, in either scope or area, or the conversion of an existing business location of any of the uses described in Section 650.1. Nothing in this Ordinance is intended to make legal any business or activity that is expressly declared illegal under the provision of this Code or under any state or federal Laws.