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HomeMy WebLinkAbout777_Part 12 Ch 2 Section 12-201_Sexually Oriented Businesses_1000 FT_Church_School_ResidenceTulsa County Clerk - EARLENE WILSON Doc# 04032563 Pgs 2 B/P 7255/1109-1110 00716740 03/22/04 09: 49: 15 City of Owasso Attn: City Clerk 111 N. Main Owasso, OK 74055 AN ORDINANCE RELATING TO PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, SECTION 12-201, ZONING REGULATIONS ADOPTED, SECTION 12-201(6), COMMERCIAL DISTRICT PROVISIONS OF THE ZONING CODE OF THE CITY OF OW ASSO, OKLAHOMA, CHAPTER 6 OF SAID ZONING CODE, COMMERCIAL DISTRICT PROVISIONS, SECTION 650.2, PROHIBITION, AMENDING SAME, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, AND DECLARING AN EFFECTIVE DATE. CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 777 PREAMBLE In the development and execution of this Ordinance, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are set forth in this Ordinance. The primary control or regulation is for the purpose of preventing a concentration of these uses in anyone area. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE: Part 12, Planning, Zoning and Development, Chapter 2, Commercial District Provisions of the Zoning Code of the City of Owasso, Oklahoma, Zoning Regulations, Section 12-201, Zoning Regulations Adopted, Section 12-201(6), Chapter of said Zoning Code, Commercial District Provisions, Section 650.2, Prohibition, shall be amended as follows, 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 "CS" and "CO". 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, 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 Board of Adjustment may permit by Special Exception sexually oriented businesses, as defined in 650.1 in an IL, 1M, 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. SECTION TWO: Any ordinance(s) or partes) thereof in conflict herewith are hereby expressly repealed. SECTION THREE: The provisions of this ordinance shall become effective thirty (30) days from the date of passage and publication as is provided by state law. APPROVED this 16th day of March, 2004. Approved As To Form: CITY OF OW ASSO, OKLAHOMA Mayor 2 TO: PLANNING COMM CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: AMENDMENT TO ZONING CODE RELATING TO SEXUALLY - ORIENTED BUSINESSES — PROPOSED ORDINANCE NO. 777 DATE: March 3, 2004 In January 2004, the staff was directed to study and present a proposed amendment of the Owasso Zoning Code to the Planning Commission and City Council. Specifically, the staff was asked to revisit Section 650 — Location of Sexually- Oriented Businesses. The staff considered the separation requirements in the code for sexually- oriented businesses between other such businesses, churches, schools, parks, and residentially -zoned areas. Currently, the requirements are as follows: no sexually - oriented business shall be located within five hundred (500) feet of a church, school, or park, or within three hundred (300) feet of areas zoned residential or within three hundred (300) feet of a nonarterial street which provides access to a residentially zoned area. Sexually - oriented businesses are allowed by right in CS and CG Commercial districts and by Special Exception in IL, IM, and IH Industrial districts. DEFINITION OF SEXUALLY - ORIENTED BUSINESSES: Sexually - oriented businesses are defined as: 1) Businesses of adult amusement or entertainment, 2) Adult bookstores, 3) Adult mini motion picture theaters, 4) Adult motels, 5) Adult motion picture arcades, 6) Adult motion picture theaters, 7) Massage parlors, 8) Model studios, and 9) Sexual encounter centers. Detailed descriptions of these specific businesses are listed in Section 650 of the zoning text that is attached with this memorandum POTENTIAL DELETERIOUS EFFECTS OF SEXUALLY - ORIENTED BUSINESSES: The staff has found that some uses ofproperty are especially injurious to a neighborhood when they are concentrated in limited areas. The recent decision by the City of Tulsa to add sexually- oriented businesses to the list of businesses that should not be located within 1,000 feet of each other is in part, a response to the significant growth in the number of such establishments in the Tulsa area over the past several years. In the staff's opinion, the location of several sexually- oriented businesses in the same neighborhood may tend to attract an undesirable quantity of transients, adversely affect property values, cause an increase in crime, and encourage residents and businesses to move elsewhere. This finding is based in part on a ruling of the United States Supreme Court in a case that placed the Courtin the position of considering the impact of "adult" establisbments on neighborhoods. Young v American Mini Theatres, Inc., 427 U.S. 50, 54 -55. The Court wrote that the city's effort to "preserve the quality of urban life is one that must be accorded high respect," and that "the city must be allowed to experiment with solutions to admittedly serious problems." Id., 427 U.S. at 71. The Court accepted the city's conclusion that "a concentration of `adult' movie theaters causes the area to deteriorate and become a focus of crime, effects which are not attributable to theaters showing other types of films." Id., 427 U.S. at 71, n.34. RECOMMENDATION: In order to mitigate the undesirable effects of a concentration of sexually - oriented businesses in one neighborhood, the staff recommends increasing the required distance between the businesses and churches, schools, and parks from 500 feet to 1,000 feet, between the businesses and residentially - zoned areas from 300 feet to 1,000 feet, and between the businesses and nonarterial streets providing access to residentially -zoned areas from 300 feet to 1,000 feet. The Owasso Planning Commission conducted a public hearing to consider the proposed code amendment at Old Central on March 8's. At that meeting, the Planning Commission voted unanimously to recommend approval of the amendment to the City Council. The proposed amendment is presented with this memorandum in the form of ordinance Number 777. ATTACHMENTS: 1. Proposed ordinance that would amend the zoning code —No. 777 2. Current zoning code section pertaining to sexually- oriented businesses SECTION 640 SPECIAL EXCEPTION USES IN COMMERCIAL DISTRICTS, REQUIREMENTS 1. Multi- Family use, where permitted by special exception, shall comply with the bulk and area requirements of the RM -2 District. 2. Except as provided above, all special exception uses shall com- ply with the bulk and area requirements of the use district in which located. SECTION 650 LOCATION 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 region, buttocks, or female breasts; (b) Ultimate sex acts, normal or perverted, including intercourse, oral copulation, (c) Masturbation; and, (d) Excretory functions as part of or in co the activities set forth in (a) through genitals, pubic actual or stimulated, sodomy; inection with any of (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 purposes of this Ordinance, the sexually- oriented businesses are de- fined as follows: 1. Adult Amusement or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to Sexual Conduct or Specified Anatomical Areas, 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 em- phasis 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 T.V. 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 de- vices are maintained to show images to five or fewer persons per machine at any 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 capa- city of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or de- scribing 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 per- sonal contact with or to allow personal contact by, employees, devices or equipment or by personnel provided by the establish- ment which appeals to the prurient interest of the patron, to include, but not to 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 "CS" and "CG ". In addition, no person shall cause or permit the es- tablishment of any of the sexually- oriented businesses, as defined in 39 Section 650.1 within one thousand (1,000) feet of any other sexually - oriented business, or within five hundred (500) feet of a church, school, (type which offers a compulsory education curriculum), public or private park, or within three hundred (300) feet of areas zoned residential or within three hundred (300) feet of a nonarterial street which provides access to a residentially zoned area. Provided further that the Board of Adjustment may permit by Special Exception sexually- oriented businesses, as defined in Section 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 busi- ness, 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 acti- vity that is expressly declared illegal under the provision of this Code or under any state or federal laws. SECTION 660 SITE PLAN REVIEW 660.1 Purposes By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval is required for any commercial developments for the purposes of assuring proper accessibility, circulation, functional relationships of uses, and compatibility with adjoining and nearby development. No building permit shall be issued nor use commenced within this development except in accordance with an approved site plan. 660.2 Application for Site Plan Review An application for site plan review shall be filed with the planning com- mission staff. The application shall be in such format and content as the planning commission may by resolution establish, with at least three (3) copies of the site plan submitted. The plan must show information showing compliance with applicable sections of this code and all other applicable city codes and ordinances. The planning commission may delegate and assign the review and approval of site plan to its staff on tracts less than 18,000 square feet or structure amendment of less than 2,000 sq. ft. or 10% (whichever is greater). Appeals from denial of staff shall be made to to the planning commission. 660.3 The Site Plan Shall Contain: (a) Proposed location of uses, including off - street parking design and layout (see Chapter 11 for minimum required dimensions and design standards) open spaces and public uses; (b) Location, height, and size of buildings and other structures.