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HomeMy WebLinkAbout2017.02.06_Planning Commission Agenda_Special MeetingOWASSO PLANNING COMMISSION SPECIAL MEETING February 6, 2017 6:00 PM TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION Special February 6, 2017 6:00 PM Old Central 109 North Birch Marsha Hensley Assistant City Planner Filed in the office of the Owasso City Clerk and posted at City Hall, 200 South Main (west entrance) at 1:00 PM on February 2, 2017. Marsha Hensley, Assistant City Pla ner OWASSO PLANNING COMMISSION (Special Meeting) Monday, February 6, 2017 at 6:00 PM Old Central 109 North Birch AGENDA 1. Call to Order 2. Roll Call 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. 4. Adjournment. TO: The Owasso Planning Commission FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Update to Owasso Zoning Code, Chapter 6, Section 650 - Sexually- Oriented Businesses DATE: January 31, 2017 BACKGROUND: 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 for 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 viewina 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 Jhe. 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. RECOMMENDATION: Staff recommends approval of the additional language to Chapter 6, Section 650 of the Owasso Zoning Code as outlined in this memo and attachments. ATTACHMENTS: Section 650 — Current Language Section 650 — Proposed Language Changes 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: 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. 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. 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: 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; C). 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. 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 ". 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 anV 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 EverV 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.