Loading...
HomeMy WebLinkAbout2017.02.06_Planning Commission MinutesOWASSO PLANNING COMMISSION MINUTES OF SPECIAL MEETING Monday, February 6, 2017 The Owasso Planning Commission met in special session on Monday, February 6, 2017 at Old Central per the Notice of Public Meeting and Agenda posted at City Hall, 200 S. Main west side) at 1:00 pm on February 2, 2017. ITEM 1. CALL TO ORDER Dr. Loving called the meeting to order at 6:00 p.m. ITEM 2. Roll Call PRESENT ABSENT David Vines Dr. Paul Loving Tim Miller Renee Mowery David Horton A quorum was declared present. STAFF Bronce Stephenson Julie Lombardi Marsha Hensley Karl Fritschen Morgan Pemberton Chelsea Levo ITEM 3. Consideration and appropriate action related to a review and recommendation to the City Council of a proposed revision to the Owasso Zoning Code Chapter 6, Section 650, Locations of Sexually Oriented Businesses. Bronce Stephenson presented the staff report. He explained that the additional 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. Staff recommends approval of the additional language to Chapter 6, Section 650 of the Owasso Zoning Code as outlined (attached). Brief discussion was held regarding tightening up other sections of the ordinance, which will take place when the entire zoning code is amended over the next few months. After discussion, Mr. Vines moved and seconded by Mr. Miller, to approve the revision to the Owasso Zoning Code Chapter 6, Section 650, Locations of Sexually Oriented Businesses. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION February 6, 2017 Page No. 2 YEA: Vines, Miller, Dr. Loving, Mowery, Horton NAY: None Motion carried 5 -0. ITEM 4. Adjournment - Mr. Miller moved, seconded by Ms. Mowery, to adjourn the meeting. A vote on the motion was recorded as follows: YEA: Dr. Loving, Vines, Miller, Mowery, Horton NAY: None Motion carried 5 -0 and the rn eeti0g was adjourned at 6:12 PM. Vice Date New 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: 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; �. Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above. 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: 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. 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. 8. 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 ". Ir 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. Alt 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 +ho \A.winn of An\/ item, frnm nutside 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. 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.