HomeMy WebLinkAboutOrdinance 2008-316
ORDINANCE NO. 2()08-~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-5 OF
THE LAND DEVELOPMENT REGULATIONS RELATING TO
DEFINITIONS; AMENDING SECTION 265-37 OF THE LAND
DEVELOPMENT REGULATIONS RELATING TO ADULT
ENTERTAINMENT REGULATIONS IN THE TOWN CENTER
DISTRICT (TCD) AND THE AMORTIZATION OF NONCONFORMING
ADULT ENTERTAINMENT USES LOCATED THEREIN; PROVIDING
FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission has determined that the regulation of adult
entel1ainment uses within the City is necessary in order to assure the health. safety and welfare of
the community; and
WHEREAS. the City Commission has been presented evidence and reports concerning
the adverse secondary affects of adult entertainment uses on a community. which reports are part
of the official record of the City of Sunny Isles Beach and are on file with the City Clerk; and
WHEREAS, based on those reports and studies that are believed by the City
Commission to be relevant to the regulation of adult entertainment uses in the City of Sunny
Isles Beach, the City Commission finds that adult entertainment uses are predisposed to the
creation of unsafe and unsanitary conditions; that operators and employees of adult entertainment
uses tend to participate in various offenses - particularly sex-related offenses - on the premises of
such uses; that adult entertainment uses create substantial law enforccment problems; that the
operational characteristics of adult entertainment uses have a deleterious effect on surrounding
areas, resulting in neighborhood blight and reduced property values; and
WHEREAS. the City Commission is aware of and respects the fundamental
constitutional guarantees of free speech and free expression and realizes that restrictions of such
freedoms must be carefully drafted and enforced so that speech and expression are not curtailed
beyond the point at which it is essential to further the City's interest in public health. safety and
welfare; and
WHEREAS, adult entertainment uses may create a substantial law enforcement issues
for the City's police department and require an increased police presence; and
WHEREAS, the City Commission intends to minimize and control such adverse effects
by allowing such uses to locate only in the City's Town Center District (TeD) on parcels with
direct frontage on CoIl ins A venue. and with minimum distance restrictions to protect the public
health, safety and welfare of the citizens of the City; and
Words added underlined, words slfi8affi deleted (cd)
Page I ,,1'6
WHEREAS, zoning ordinances mandating minimum distance separations between adult
entertainment uses and other adult entertainment uses. and betwecn adult cntertainment uscs and
incompatible uses such as schools or child care centers. or religious facilities. have been upheld
by the United States Supreme Court in Young v. American Mini Theatres. Inc.. 427 U.S. 50
(1976) and City of Renton v. Playtime Theatres. Inc.. 475 U.S. 41 (1986), as a method of
combating the secondary effects associated with adult entertainment uses.
WHEREAS, this Land Development Regulations amendmcnt was reviewed by the Local
Planning Agency which recommended its approval: and
WHEREAS, thc City Commission has determined that adoption of this Ordinance is in
the best interests of the citizens and residents of the City of Sunny Isles Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a speci fic part by this
Ordinance upon adoption hereof. Such "WHEREAS" clauses constitute express findings of the
Sunny Isles Beach City Commission.
Section 2. Amendment. Section 265-5 of the Land Development Regulations is amended to read
as follows:
ABUTTING - To reach or touch; to touch at the end or be contiguous with: join at a border or
boundary; terminate on.
ADULT ENTERTAINMENT USE
A. Any place in which a principal use is the exchange. for consideration in any form. monetary
or otherwise, for profit or not-for-profit. of materials or exhibitions. including but not limited
to books, magazines. photographs. performances. vidcotapcs, elcctronic media. or movies,
which have as their dominant theme matters depicting. describing. demonstrating or relating
to completely or to opaquely covered human genitals or pubic regions. buttocks. or female
breasts below a point immediately above the top of the areola. or human male genitals in a
discernibly turgid state. cven if completely and opaquely covered. or which have as their
dominant theme matters depicting. describing. demonstrating or relating to human genitals in
a state of sexual stimulation or arousal. acts of human masturbation. sexual intercourse or
sodomy. or the fondling or other erotic touching of human genitals. pubic regions. buttocks
or female breasts.
B. Places which are considered adult uses shall include the location of any organization.
association or establishment, including any public or private enterprisc. club. bar. loungc or
nightclub in which a principal use is the exchange. for consideration in any form. monetary
or otherwise, for profit or not-for-profit, of materials or exhibitions, including but not limited
Words added underlined. words stfi'*'* deleted (cd)
Page 2 ore,
to, books, magazines. photographs. performances. videotapes. electronic media. or movies.
which have as their dominant theme matters depicting, descrihing, demonstrating or relating
to completely or opaquely covered human genitals or pubic regions. huttocks. or female
breasts below a point immediately above the top of the areola. or human male genitals in a
discernibly turgid state, even if completely and opaquely covered. or which have as their
dominant theme matters depicting, describing, demonstrating or relating to human genitals in
a state of sexual stimulation or arousal. acts of human masturhation. sexual intercourse or
sodomy, or the fondling or other erotic touching of human genitals. pubic regions, buttocks
or female breasts.
DISTANCE - For the purpose of regulating adult entertainment uses. distance shall be measured
from the center of the main entrance of the adult entertainment business and follow the usual and
customary path of pedestrian travel to the center of the main entrance of another adult
entertainment use or religious facility or, with respect to schools and child care centers. to the
nearest point of the school or child care property.
Section 3. Amendment. Section 265-37 of the Land Development Regulations is amended to
read as follows:
~ 265-37. Town Center Zoning District.
A. Purpose. The purpose of the Town Center District (TCD) is to provide for the use and
development of properties within the area designated in the Sunny Isles Beach
Comprehensive Plan as the Town Center in a manner consistent with the Community Vision
Statement and the policies and ohjectives of the Future Land Use Element of the
Comprehensive Plan. The intent is to foster land assemblage into development sites of
greater than three acres in size to promote integrated mixed-use development; improved site
and architectural design that promotes safe and active pedestrian environments; interrelated
and compatible land uses that encourage regionally oriented business and activities serving
the City of Sunny Isles Beach. tourist populations and surrounding communities; and. the
restriction of those uses and development patterns that are in conflict with these policies and
objecti ves.
B. District location standards. The District may be applied only to those properties or portions of
those properties within the boundaries of the Town Center as designated on the Future Land
Use Map in the Comprehensive Plan.
e. Permitted uses.
(1) No building or structure, or part thereof, within the district shall be erected. altered or
used, or land used in whole or in part for other than one or more of the following
specific uses, subject to all other applicahle standards and requirements contained in
this chapter:
(a) Multifamily apartments.
(b) Hotels and motels.
Words added underlined. words stfi4etl deleted (ed)
Pag~ 3 () r 6
(c) Commercial services and retail goods, including spas and health clubs, beauty
salons, clothing. florists. gift shops. banking services. pharmacy. newsstands. and
restaurants.
(d) Conferencing facilities and meeting rooms.
(e) Of1ices, business, medical and professional.
(f) Public and private educational facilities.
(g) Parking lots and garages.
(h) Public parks and recreation facilities.
(i) Government uses.
U) Adult entertainment uses. subiect to the following restrictions:
(a) the adult entertainment use must be more than 500 feet from anv school.
child care center or another adult entertainment use. and the adult
entertainment use must be more than 250 feet from a public park; and
(b) the adult entertainment use must not abut anv religious f~lcilitv; and
(c) the parcel or lot where the adult entertainment use is located must have
direct frontage on Collins A venue: and
(d) The establishment of a new school. religious facilitv or child care center
subsequent to the establishment of an adult entertainment use shall not
disqualify the established adult entertainment use that is within the
distance limitations; and
(e) An adult entertainment use shall not be subject to the distance separation
requirements for bars. taverns or lounges set forth in subsection (D) below.
(I) Any adult entertainment use lawfully operating as of the date of this
ordinance which becomes nonconforming by virtue of this section shall be
permitted to continue for a period not to exceed five years from the date of
adoption of this ordinance, unless terminated earlier for anv reason or
discontinued for a period of ninety days or more.
(2) All uses, if not prohibited below or specifically permitted above but which can he
construed to be allowed under these permitted uses. shall be deemed permitted.
D. Conditional uses.
(1) Bars, taverns and lounges. provided that individual establishments shall not exceed
3.000 square feet in gross floor area. There shall be a three-hundred-foot distance
separation between any two such establ ishments. Bars. taverns and lounges located
within a hotel and without direct grade level exposure and access to the building front
setback area shall not be subject to the distance separation requirement.
E. Prohibited uses. The permitted uses listed in this district shall not be construed to include,
either as a principal or accessory use, any of the following:
(I) Pawnshops.
(2) Automobile and light truck new sales agency or rental.
Words added underlined. words ~n deleted (cd)
Page 4 0 r (,
(3) Automobile service stations.
(4) Automobile self-service gas stations.
(5) Automobile storage within a building.
(6) Installation of automobile tires. batteries and accessories.
(7) Automobile washing.
(8) l.dult entertainmcnt as defincd in i\rticle II
E-9j Apartmcnt hotels.
Section 4. Repealer. All ordinances or part of ordinances 11l conflict hcrcwith be and the
same are hereby repealed.
Section 5. Severability. If any section, paragraph, sentence, clause. phrase. or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional.
inoperative or void, such holding shall not affect the rcmainder of the Ordinance.
Section 6. Inclusion in the Code. It is the intention of the Commission. and it is hereby
ordained, that the provisions of this Ordinance shall become and be made a part orthe code of the
City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions: and that the word "ordinance" shall be changed to
"section" or other appropriate word. as required.
Section 7. Etlective Date. This Ordinance shall be effective ten (] 0) days after adoption on
second reading.
PASSED and ADOPTED on first reading the I~~day of JJDv'eh\'nw 2008.
PASSED and ADOPTED on second reading the ~ day ofbf.c.<i:n\Bt.e. 2008.
ATTEST:
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.lane A. Hines, CMC. City Clerk
Words added underlined. words stffi;1i€+l deleted (ed)
Page) l)f 6
Vote: 4-0-\
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin - Absewt-
Commissioner Goodman
Commissioner Scholl
Words added lInderlined. words SH'iekffi deleted (cd)
Moved by V \ <:.R. rD~ JM 1\1..~
Seconded by: Cl\YY\~ SC.\{Ol-L
v (Yes)
1../{ Yes)
_(Yes)
L/"(Y es)
V(Yes)
(No)
_(No)
_(No)
(No)
(No)
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26A I SUNDAY, NOVEMBER 9, 2008
WORLD
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HORE Sf:(URE:
Iraqi
students
leave
Baghdad
University.
The
decision by
some
women to
shun Islamic
head cover
shows
residents
are growing
more
confident.
IIln Baghdad, children
walk to school, cafes
remain open after dark
and young women are
shunning Islamic dress - a
sign residents are slowly
losing some of their fear.
MiamiHerald,com I THE HIAMI HERAlD
Security gains
bring cautious
confidence
NOTICE IS HEREBY GIVEN thBl theeI)' ComrMSlOIl ~ the City of Suooy Isles Seidl,
Ftlrida,MllIloId'pl,lDII:healll'ginlhIlSln'1ylslesB8acllGov<<nn>enlCrlIer,DMl
P. $amSGll ComnusslOfl o,ambef$, Hl070 CollIls AVlIflue, Sunny Isles Beech,FIorida.
ooTotsdty, Novembtfll. 200B." B:30 p.m., 10 consider lhe Iolklwing proposed
Qrdinanceoofif'SlJd1ing:
AN <>RDlAANCE Of TliE CITY COMMISSION OF THE CITY OF SlJNNY lSLfS
BEACH, FlORIDA. AA'EOONG SECTION 2f6-S Of THE LAND OEVEl.OPMENT
REGl..ILATlONS RaAmG TO DERNfOONS; AMENDIf'fj ~TlON 265-31
OF ThE lAND OEVEI.QPt,lENT REGUlATIONS RELATING TO AlXA.T
ENTERTAINMENT REGWTlOHS IN 1l1E TOWN CENTER Dlmw:t lTCDI
AND l1-IE AMQRT1ZATl()toj Of N()NC(JNFORMIOO AOt)lT EtmRTAlNMENT
USES LOC.ATEO TIlERElN; PflCMOlNG FOR REPEALER; PRO'Y1OING FOR
sevERABll./T'f, PRCMDNG FOR INClUSION IN TIlE CODE; PF(MQlNG FOR
AN EFFECTIVE OATE.
lliS~ledlhalIhlsOfdNnc..i1bthtan:lonsecondand'nIIlMdiogbojlhtl.OCll
PIanning~qllSweIlllSll1.CIyCommjssiCJnonOtcembtl 18, 2008.
lnquiriesregar(jnglhilMrnmaybtdllldedlolhtClyCllllll.IlI:l6-192.1103.
Acopyollhil!tlcun*" illl'I3iIabIt lor potU:: inspdon Wring nomIlII bush"
hour! inCitt Hal.
JeneA.HIlts,CMC,CIyCIIIIlc.
AIIptlS01ls...inYttdloappearllltlisrneetlngOlbtrepreWlltdboj~agenl,OIto
.~lhti'viewsin.rt'"!llltldresse;lIOlhtClyCormllSwndothtCIyClellc..Clyol
Sl.my Isles Beach, 1801OCoAnsA\ltIIUt,Sunnylslt5 Btacfl,FIoridl,33160.ArPJPft"OO
'NIShingtolldchsSlhtCIyComITissiorl "Ipublichtltingis llSkedlo~tf'"
thtCity Clerk by compIetll9 I public 5;NItlitfS' CMI prior 10 lhe'em blling'-d. TIlt
r-ingon l~mIlIltfSllIlI'JbtconlinuedlllhisIll8lllI1llMdundlru;hc:irl::umsl1l'lCH,
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andwhoMedSlltCi&lK<<lIIIIIICdatiooslopMicipat.inll1i1meetngbtcIllMottNil
disabllly shooldcon1l1CtthtCityManagerat305.94Hl606,llOlIIlerth..43 hourspriof
toth.~'hd"inglmpaired,pIIIll!eteltphonethtfT'(""1II~.192.1!lg()
1or""i5l1nCe.
BAGHDAD - Engineering
student lIaifa.a Salman has
discarded the Islamic head
cover lOhe started wltaring two
years ago after militants
thrltatenltd 10 "punish" hltr if
she kept showing up at col-
lege with hltr hair uncovered.
"I was lorced to wear it,"
the 22-year-old says, recalling
the day in 2006 when two
men on a motorbike stopped
her outside campus 10 deliver
the threat. But, she adds, "It's
dilierent now, Lile is normal
again. College women wear
what they please. The
extremist groups are gQnf'_"
The decision by some
women tn shun the Islamic
head cover, or hijab, is just
one of the signs thai S.1ghdad
residents are growing
increasingly confident in the
past year's security gain~
Children with backpacks
can be seen walking to school.
Sidewalk cafes remain open
after dark. Families stroll
through parks in the sunset.
But alter five years of vio-
lence, many people are hesi-
tant.
"Things arc much better
now:' said Ziad Mohammed,
a 49~year-old government
employee who lives in Karkh,
a mainly Sunni Arab district
on Ihe west bank of the
Tigri~
"But fear is still inside me,"
he added. "I want to get rid of
it. Maybe it will happen next
year."
For now, Mohammed con-
tinues to escort his children
to school and picks them up
because he fears they could
be kidnapped.
Baghdad remains a very
dangerous place, and much of
the capital looks like a city at
war,
Giant billboards appeal for
information to help arrest
militants accused of "crimes
again.c;t thlt Iraqi people," with
grainy images of fugitives,
mostly bearded men in their
20s and 3Os.
"I will always be here:'
declares a reassuring message
on other billboards depicting
an Iraqi army soldier tower-
ing over two hoys in the back-
ground.
Miles of concrete blast
walls and dozens of fortified
checkpoints dissect the city.
Some neighborhoods remain
almost entirely wallltd off.
and sectarian hatreds that
boiled over into a bloodbath
in 2006 and early 2007 sim-
mer below thlt surface.
A cautious Prime Minister
Nouri a1 Maliki rejects calls to
BANKUNITED
HIGH-RATE SPECIALS
PUT MORE MONEY
IN YOUR POCKET
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www.bankunited.com
H177-779-BANK (2265)
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Member FDIC
'It's dijJerelllllow.
Liji' is lIormal again.
College women wear
what tile)' please. 'l11e
extremist groups are
gone,
-H"IFAASAl.M"N,~11\IdHII
remove the blast walls, which
have been so effective in cur.
tailing violence.
"We will nOI take that
risk," he said this month. "It
can be a very costly gamble.
Thli:Y will st<lY until we are
satisfied thai we have total
control over security."
He is not the only one
skeptical about thlt durability
of the drop in violence in
Baghdad - overall alt<lcks
dropped to about 100 last
month compan~d with nearly
650 during September last
year, according to the U.S.
military,
"I don't want to remove a
barrier and find out later that
I had done so prematurely,"
said Col. Mark Dewhurst, the
U.S. Army brigade com-
mander in charge of most of
Rusa(a, the mainly Shiite hall
of the dty on the eastern bank
of the Tigris.
"I will only remove them if
I can help the traffic flow and
at the same time retain the
same level of security," said
Dewhurst, an Altus, Okla.,
native with the 10th Mountain
Division.
The director of 8;lghdad's
National Museum, looted
after the United States cap-
tured Baghdad in 2003, also
remains skeptical. Amira
Eidan says the museum will
stay closed to the public for
up to two more years, until
sL'CI.lrity in Baghdad is beUer,
Even some of the women
who are doing without the
hijab fear the militantlO. They
take the head cover of( only in
certain neighborhoods.
The secular look ofliberal-
minded women has not
escaped notice.
"The clothes o( (em.ale uni-
versity students these days
are shameful and more
revealing than party dresses,"
Sheik Muhannad al Moussawi
said in a Friday prayer ser-
mon in Baghdad's Sadr City
district.
Suheir Abbas, a 20-year-
old Arabic literature student
at Baghdad Univeuity,
doesn't like that some of her
female classmate~ come to
class in revealing clothes.
"WIi: live in a (ree country
and everyone is (ree to wear
whatever they want," she
says. "But we live in a Muslim
counlry, and the (li:eling~ o(
others must be respected"
Associated Press writer
Saad Abdul.Kadir contributed
to this rq>art.
+
CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission, also sitting as the Local Planning
Agency, of the City of Sunny Isles Beach, Florida, will hold a public hearing in the Sunny Isles
Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue,
Sunny Isles Beach, Florida, on Thursday, December 18, 2008, at 6:30 p.m., to consider
adoption of the following proposed Ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING SECTION 265-5 OF THE LAND
DEVELOPMENT REGULATIONS RELATING TO DEFINITIONS; AMENDING
SECTION 265-37 OF THE LAND DEVELOPMENT REGULATIONS RELATING
TO ADULT ENTERT AINMENT REGULATIONS IN THE TOWN CENTER
DISTRICT (TCD) AND THE AMORTIZATION OF NONCONFORMING
ADUL T ENTERTAINMENT USES LOCATED THEREIN; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Inquiries regarding this item may be directed to the City Clerk at 305-792-1703. A copy of this
document is available for public inspection during normal business hours in City Hall.
Jane A. Hines, CMC, City Clerk
All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing
addressed to the City Commission c/o the City Clerk, City of Sunny Isles Beach, 18070 Collins A venue, Sunny Isles
Beach, Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to register
with the City Clerk by completing a public speakers' card prior to the item being heard. The hearings on these
matters may be continued at this meeting and under such circumstances, additional legal notice would not be
provided. If a person decides to appeal any decision made by the City Commission with respect to any matter
considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the City Manager at 305-947-
0606, no later than 48 hours prior to the proceedings; if hearing impaired, please telephone the TTY line at 305-792-
1590 for assistance.
~ "'~- - t..^"., 14 L.-oo& J
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METRO & STATE
SUNDAY, DECEMBER 14, 2008 I 5B
D1
THE "IAMI HERALD I MiarlllHerald.com
TECHNOLOGY
State's gearheads are tinkering, tapping grid
sound like works in progress.
There's a "neighborhood
electric vehicle" on the mar.
ket called the Zenn (zero
emissions, no noise), but its
top speed is only 25 mph. It is
sold at the Transportation
Station in Clearwater.
There's a high-perfor-
mance electric sports car
ca1l~ the Tesla, which can be
yours for $109.000. Chevrolet
is preparing to roll out an
electric car called the Volt.
but it's not available yet.
A Tarpon Springs shop,
Black Bay Technologies.
hopes creative designs will
set it apart.
Company president
George Keramas proudly
points to an elegant black.
three-wheeled chopper with a
distinctive look: no motorcy-
cle engine mounted on its
(rame. This is the "electric
trike,M powered by an electric
motor and batteries that sit in
a cube-shaped case between
the rear wheels.
The electric trikes retail
(or $19,900, and Keramas said
a dealer bought the fltSt two.
estimated that about 56,000
electric cars were on the road
in 2004 - less than one-tenth
of 1 percent of total U.S. cars,
not counting hybrid vehicles.
RebirthAuto says it has
sold 10 o( the $7,000 conver-
sion kits. To Bourgeois, elec-
tric cars make so much sense
that he said he wonders why
they aren't common.
"It blows me away," Bour-
geois said. "Why don't we
have more cars that are elec-
trified?"
Electric cars date to the
late 1800s, and once were
more common than gasoline~
powered cars.
To the average driver, they
are still an oddity, but some
believe that will change.
Surely, gas prices will go up
again. And advocates say
electric cars cause far less air
pollution, e\'en when pow~
ered by electricity irom coal~
fired plants.
So besides the hobbyists
converting old cars in their
garages, some big manufac~
turers are rolling out electric
vehicles, as well. But some
llobbyists across Florida are in their gamyes
converting old cars to run c()mplete~v on
electricity. And some hupe expanded into
small husinesse,,;; ready Jor (] new economy,
tack.
They're fashioning their
own electric can, one battery
at a time, without waiting for
Detroit or Japan to catch up.
Some of their friends say
it's crazy to pour their dreams
and sweat into cars that go
only 25 to 50 milcs before
they need to be plugged in for
severnl hours to recharge,
But Cronin, 47, says he
loves saving money on gas
and helping to preserve the
environment. "It.s so simple,
it's so clean," he said. He's
proud of what he put together
with his own hands. "I'm
looking forward to building
another one. M
. For some crafty
Floridians, eledric cars are
hands-on creations that
don't require a Detroit
automakerto build.
BY CURTIS KRUEGER
The St PeIOfSb!J'VTimes
ST. PETERSBURG - Cor-
nelius Cronin bought a $900
Chevy 5-10 pickup and spent
several weeks removing
things he didn't like - mainly
its dirty, gas-guzzling engine.
He titted an electric motor
and batteries under the hood
and now purrs around Olds.
mar in a red truck that uses
no gas and emits no air pollu-
tion.
A dOC\lmentary ftlm asked:
Who killed the electric car?
Maybe a better question is:
Who built the electric car?
At a time when the federal
government is investing in
hydrogen fuel.cell research
and big automakers are work.
ing on more sophisticated
hybrids, a growing number of
creative tinkerers and small
businesses around the Tampa
R;,y area are taking a different
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teries: He figures he's paying
about 2.5 cents per mile, or 75
cents per recharge.
He also has started selling
the conversion kits through a
new company, RebirthAuto.
The 57,000 kits include the
motor mount that they
designed, and soon will
include a specially designed
controller that regulates thc
electric power.
pool heaters, TL'Chno-Solis, he
had access to a full machine
shop and some clever col-
leagues, and an itch to try
something new.
So he bought two 1965
Volkswagen Beetles for
52,000 each and spent some
time poking inside them and
taking measurements. After
the engines came out, he and
his colleagues custom-built a
special mount and installed
an electric motor and batter-
ies. The entire process, from
design to driving, took about
three months.
Now Bourgeois drives an
all-electric Beetle to work
each day and said he doesn't
mind that it needs recharging
every 25 or 30 miles or so.
That's less than his daily com~
mute, He also doesn't mind
the cost o( recharging his bat.
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AN ODDITY TO MANY
Parts like these are scarce,
which might explain why
there are so few homemade
electric cars. "This business
has sort of been stuck in its
infancy (or years," said Jef.
(rey Jenkins. He's a partner in
a business with Bourgeois to
develop and sell electric con-
version components.
The U.S. Census Bureau
LOOKING FORWARD
Car buyers seem increas-
ingly willing to try new tech-
nologies like the hybrid Toy-
ota Prius. But hybrids rely on
gasoline even though they use
electric power, as well.
Some people are looking
beyond the gasoline era.
Like Sebastien Bourgeois.
As president of a St. Peters-
burg manufacturer of solar
TALLAHASSEE
E-mails detail behind-the-scenes college deal
face an enormous task in cov-
ering a cash shortage in the
billions. It may not have been
a good time to launch a pilot
program in the education
system.
The chancellor of Flori-
da's community college sys-
tem, Will Holcombe, sup-
ports the new program tbat
allows some community col-
leges to o{(er Bachelor's
degrees. But he worries that
the traditional two-year
schools will be competing for
iewer dollars with the new,
expanded colleges. "It may
well be we can't expand
bachelor's access in the short
term," Holcombe said.
Herald/Times staff writer
Steve Bousquet contributed to
this report. Alex Leary can be
reached at lear-
y@sptimes.com
Sansom's close ties to Richburg emerged
three weeh's ago when thc spcah'cr took a
SJ/O,OOO.iob lVorking]il/' Richbarg as vice
president Jor planning at the collef/l',
for the school has surfaced.
Besieged by newspaper edi-
torials calling for him to qui!
Ihe job, Sansom has denied a
quid pro quo.
But the job, which was not
advertised. was only offered
to Sansom and it seeln.~ writ-
ten to match the very pro-
grams he helped create.
"Make recommendations
10 the college president on
the transition to the State
College System," reads one
o( his responsibilities.
lie has a master's degree
in education and said getting
state money (or hometown
institutions is common
among lawmakers.
The backdrop of the San-
som story is a state budget in
crisis. The weak economy
has dried up the now of tn
revenues and now lawmakers
Legislature did, too.
On June 12, Gov. Charlie
Crist traveled to the Nicev.
ilIe campus of Northwest
Florida State College. A pha~
lanx of elected officials and
educators watched as Crist
signed the bill and then
handed the Sharpie to San.
sam as a memento.
"We expect these pro-
grams to be more a(fordable
and cost.ef(ective than those
at the state university level
- and that's another benefit
to both the taxpayers and the
students:' Sansom said at the
time.
'COUEGE. FROM lB
that other college presidents
were concerned.
"The bottom line is a
request for you to help shore
up support of the speaker:'
Richburg wrote on March 28.
"If 1 am meddling, (orgive me
- otherwise message deliv.
ered."
Sansom quickly replied, "I
will get right on this."
Neither Sansom nor Rich.
burg responded to numerous
requests (or an interview.
Sansom asked for written
questions and did not
respond to those.
The idea behind the stale
college legislation was sim-
ple: Create more four-year
degree programs to meet
shortages of teachers, nurses
and other professions while
allowing students with jobs
and families to stay close to
home.
Odom's private airport man-
ager said Odom planned to
park jets in the building, but
Odom dillputes that. College
officials insist the facility will
be used to train emergency
workers.
(or an emergency training
center at Destin Airport.
A Herald/fimes story last
week raised questionll about
the airport project, funded by
a 56-million appropriation
Sansom steered to the col-
lege in the 21107 budget.
The project seems nearly
identical to one proposed by
Sansom's friend, developer
and Republican donor Jay
adom. Odom sought state
money (or an emergency
operations center at the air-
port that he could use to
store his jets between disas-
ters.
Odom wasn't able to
secure funding for his pro-
ject, but soon after, Sansom
got money for a hangar-sized
building at Destin Airport to
be owned by the school.
COMING TO LIGHT
Sansom's close ties to
Richburg emerged three
weeks ago when the speaker
took a $110,000 job working
for Richburg as vice presi-
dent for planning at the col-
lege. There is speculation
Sansom, 46, will take over as
president in a (ew years and
Sansom has done little to dis-
courage such talk. He has
said that's an issue to address
later.
Since then, Sansom's
record of getting state money
ROUGH ROAD
Getting there wasn't easy.
Beyond the flurry of e.mails
and lobbying lawmakers,
Sansom and Richburg set up
a meeting o( college trustees
last March to sell them on the
idea.
"Think about a meeting in
Tall. with you, the trustees of
[Okaloosa-Walton College),
and me to talk about the pro-
posed college change and the
system questions:' Richburg
wrote Sansom on Feb. 12
The two men then collab.
orated on a powerPoint pre.
sentation Sansom would give
the eight-member board.
Sansom e-mailed the presen-
tation to Richburg, who
oUered extensive feedback.
The meeting with trustees
was scheduled for March 24,
the day after Easter. As a
public school, a meeting of
the trustees must be open to
the public, which requires
advertising the time and
place so people can attend.
The college did provide pub-
lic notice. with an ad that was
published one week before
the meeting, in a newspaper
in Okaloosa County, 150
miles (rom where the meet-
ing would take place.
That was Richburg's idea:
"It's probably the only way
we can do it in privacy but
with a public notice here," he
wrote in his e-mail to San-
,om.
Sansom's rapid response:
"That would be greatll We
can get a private room on the
6th floor at FSU,"
CRITICISM
An (Jpen government
expert criticized the action.
"J still think it's a problem
regardless of the notice pro.
vided," said Barbara Petersen
of the First Amendment
Foundation, which advocates
for open government with
5upport (rom newspapers.
"Look at Richburg's state.
ment 'it's the only way we
can do it in privacy but with
public notice hl!!re' - sl!!l!!ms
to me that's a fairly clear
statement of intent to avoid,
as much as possible, public
attendance and/or over-
sight.H
Just before that meeting,
Sansom and Richburg
swapped e-mails over
another matter. Richburg
suggested that when they all
were together Sansom
should thank the board for
"accepting responsibility"
+
MIAHJ!!',
tmlii'liiil
PUBLIC NOTICE
LIMITED ACCESS
The program was at first
limited to three politically
connected schools. They
were St, Petersburg College,
which was the first to offer
bachelor's degrees in 2001;
Richburg'S Okaloosa-Walton
College, as it was called then;
and Indian River Community
College, which had a strong
ally in then-Senate President
Ken Pruitt, R.Port St, Lucie.
The bill caught some col-
lege presidents by surprise, It
was not on a list o( policy ini-
tiatives by the Department o(
Education and it set o(f a
scramble by others wanting
to get in on the special deal.
,oining the outcry last
April was Eduardo Padron,
president o( Miami Dade
Colll!!ge, thl!! state's largest
community college. which
wasn't one of the original
three schools. "What is hap-
pening is a shame because
this college has a majority of
Hispanic and black [stu-
dents] throughout the state,"
Padron told EI Nuevo Herald
in an April 8 story. The
school ultimately was
included.
Lt. Gov. Jef(Koukamp lob-
bied successfully to include
Edison College, near his
hometown.
"It (elt like the whole thing
was intended to surprise us
and put us 00 our heels so we
couldn't respond," said
Sandy Shugart, president o(
Valencia Community College
in Orlando, which is one o(
the nation's largest produc-
ers o( associate's degree5..
NOTICE IS GIVEN that a meeting of Ihe Miami-Oade Board of CoUlty
Conmssionf!rs will be held at 9:30 NIt 00 Tuesday. [)e(2ntler 16. 2008.11
the Commission Chambef!,. located on the Second Floor oflhe Stephen P.
Oart Center, 111 NW. First Street. Miami, F1ori:1a. wherel1, among other
matten 0 be amsdered. a public: heamg wiI be held on the following
proposedordtlanceslresolution$:
CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARING
NonCE IS HEREBY GIVEN that the City Commission. also sitting as
1M Local Planning Agency, of thlt City of S~y Isles Beach, FIorid8,
will hold a plbIic hearing in Ihe Surny Isles Beach Government Cenler,
OavidP. SamsonCommission~, 18070 Collins Averoe, Sunny
Isles Beach, florida, on Thursday. December 18, 2008, et 11:30 p.m.,
10 conslder adoption of 1M following proposed (lnjinarce:
AN ORDINANCE OF THE CrTY COMMISSION OF
THE CITY OF SUNNY lSUS BEACH, FLORIDA.
AMENDING SECTION 265.5 OF THE lAND
DEVELOPMENT REGULATIONS RElATING TO
OEFlNlTl()I\I$: AMENDING SECTION 265.37 OF THE
lAND DEVELOPMENT REGUlATIONS RELATING
TO ADULT ENTERTAINMENT REGUlAT10NS IN
THE TOWN CENTER DfSTRICT (TCD) AND THE
AMORTIZATION OF NONCONFORMING ADULT
ENTERTAINMENT USES LOCATED THEREIN;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILrT't, PROVIDING FOR NClUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
Inquiries lllQan:ling lhis item may be din!lcted to the City Cler1o; at
305.792.'703, A ropy of lhis document Is availatH for public inspection
Wring l'\Ofl'I'lal buslfless hoo..rs., City Hall.
JBnlIA.Hines. CMC,CityCleril
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OrdlnancH and RKoIlItlons'
'Resdution co-desIqnalilg SW 167th Avenue from SW 88th Street to
SW10(1h S1reetas "ArdlbishopColeman F.CanoIAvenue"
,Resdution re~1iIg 10 an applicali:ln by Blue Palms Develqllnent,
LLC for a Oass I Pemll to fill 0.509 acres of wel1ands for Ihe
construction 01 a resktenlial development located along the OIeta
River at 16375 Bisalyne Boulevard. Nor1h Miami Beadl. Miaffii.Oade
Cou<<y.""""
. ResoIulion codesignalilg S,W. 122ndAvenuofrom SW. 8th Street 10
S,W.10IhStreetas"RodolfoSantayanaAwnue"
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Ordln.nces crutlna and M1tAhllshlna SDflctal Tarlna Districts and
Resolutions adoctlna Dnlliminarv ISSflument roD. for.
. Saynlef SI..lbdMsion Mullipurpose Mainlenarlal and Street Lightr,g
Special
A' neresled parties may I1ppeBf and be heard st the lime and p/8aJ
spedood.
A persoo who dM:ides to appest any dedsioo made by arty board. agency. ot
ammiss.ion wlh respect 10 &'IY matter CfJtISideted at its meeting ot hearing,
wi' need a reoord of pl'OCeedngs. Such p6fSOfIS may need /0 eM.re fhst a
vertlBtin reooni of the proceedngs is made, iJdudng the teslimatly and
evidenc;e upon which theappeBlis fobebased.
Mami-Dade Coc.r1/y provides eqllBllICCeSJ IJIld eqllBl oppatunIy IJIld does
noItisctilWlale on the basis oftisabilyittils plOgl8ffl1 ot seM:es. Fcx
material in /ll/em/lte klrmal. tJ sign language inlefJNl!Ier ot oIOOf
accoImlOdation. please ca' 305.375-394J.
HARVEY RWiN, CLERK
KAY SllliVAN. DEPUTY a.ERK
DO YOU HAVE A WILL?
WE KNOW ESTATE PLANNING CAN BE CONFUSING
'A BROADER APPROACH'
While Shugart and others
agree more bachelor's degree
programs arc needed, they
want a broader approach.
Shugart said the inclusion of
nine schaab was haphar.ard
and "odd:' His school wasn't
among them.
"Nobody is going to move
to Okaloosa to go to college:'
he said. "It's a 19th century
solution and we have a 21st
century problem."
But as tbe program
expanded, support in the
LET US SEND YOU A FREE, NO OBLIGATION BOOKLET ON WILLS,
LEARN THE IMPORTANCE OF HAVING A WILL... WHY YOU MAY NEED A TRUST... AND MUCH MORE.
Please send me your FREE, NO OBLiGATION booklet on Wills.
The Salvation Anny, Planned Giving Department, 5631 Van Dyke Rd, Lutz, FL 33558
1.800.758.2769 Ext 5706
Namt!
Addrellli
City. State, Zip
lJatl'(Il) of Rirth
Phom'
~} Mail: r.!uPlllnm.uGivlng@usll.sulvutillnnrmy.org
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
!\orman S. Edclcllp, Mayor
Lcwis .1. Thalcr, I 'ice Mayor
Gcrry Goodman, Cotnl/lIssio/ler
Roslyn Brczin, Cotnl/lIssio/ler
Gcorge "Hlld" Scholl. COtnl/lIssio/ler
A. .John Szcrlag, Clly ivta/lager
lIans Ottinnl, City Attorney
.Jane A. lIines, CMC, City Clerk
MEMORANDUM
The Honorable City Commission
Hans Ottinot, City Attorney~~ ~,
Jorge Vera, Asst. City Mang'J1S:rvic .
Robert Solera, Community Developme t Dire t
November 18, 2008
SECONDARY EFFECTS STUDY OF ADULT ENTERTAINMENT USES
CITY OF SUNNY ISLES BEACH/RELOCA TION ORDINANCE
RECOMMENDATION:
The attached Ordinance is presented for your consideration and approval.
REASONS:
The staff has undertaken a review and study of the potential secondary effects of adult
entertainment uses in the City and has developed recommendations for amendments to the Land
Development Regulations for the suitable siting and zoning standards for such uses.
This report summarizes the following:
· Legal basis for regulating adult entertainment uses
· Review of the secondary impacts studies conducted in other communities.
· Existing regulations and conditions in the City of Sunny Isles Beach
· Regulations from other local governments
. Recommendations
· Amortization of existing nonconforming uses
I. Survey of existing regulations and conditions in the Ci~ of Sunny Isles Beach
A. Existing regulations
Prior to incorporation in 1997, the zoning was regulated hy the Miami Dade County Land
Development Regulations. There is one pre-existing adult entertainment use that pre-
Agenda Item
~6,~
1l:- \ ~ - O??
Date
dates incorporation. When the City adopted its Land Development Regulations, adult
entertainment uses were identified as prohibited uses in commercial zoning districts.
While adult uses are generally seen as nuisances, the City cannot outright ban adult uses
within the City. Currently, "the Dollhouse" is the only adult use in the City. However,
the Dollhouse is a nonconforming use within the Town Center District. If the Dollhouse
ceases to operate for a period of more than ninety (90) days, the Dollhouse will not have
the ability to reopen in the City because adult use is not a permitted use in any zoning
districts.
The purpose of this Ordinance is to ensure that the City's zoning code is consistent with
the law and to provide a designated area for the location of adult uses.
B. Existing conditions
The City of Sunny Isles Beach encompasses 2.63 square miles (just over 1,686 acres) of
land and water between the Atlantic Ocean and the Intracoastal Waterway. The actual
land area within the City is just under 950 acres, with few vacant properties. The
predominant land use is residential, with medium to high-density residential comprising
the majority of the residential acreage. Business uses include four shopping centers
primarily concentrated along the west side of Collins A venue and also adjacent to Sunny
Isles Boulevard.
The limited areas suitable for commercial use, the physical constraints of the City and the
existing residential development patterns severely curtail the siting of adult entertainment
uses within the City. There is no industrial area in the City. Indeed, there are only two
Zoning Districts which support commercial enterprises: the B-] Neighborhood Business
and the TC Town Center District.
The Neighborhood Business Districts are designed "to provide locations for convenience
shopping facilities in which those retail commercial uses shall predominate that have a
neighborhood-oriented market and which supply necessities that usually require frequent
purchasing and with a minimum of consumer travel" and "such districts should not be so
large or broad in scope of services as to attract substantial trade from outside the
neighborhood. "
The intent of the Town Center District "is to foster land assemblage into development
sites of greater than three acres in size to promote integrated mixed-use development;
improved site and architectural design that promotes safe and active pedestrian
environments; interrelated and compatible land uses that encourage regionally oriented
business and activities serving the City of Sunny Isles Beach, tourist populations and
surrounding communities; and, the restriction of those uses and development patterns that
are in conflict with these policies and objectives."
Because the Town Center District is intended to attract regional businesses, it is the more
appropriate district for Adult Entertainment uses. However, since the Town Center
Page 2 of 8
District encompasses both existing residential, as well as serving as the entranceway to
the City, additionallocational restrictions will be necessary to adequately protect the City
from the negative secondary impacts of adult entertainment uses. This additional
protection will take the form of distance limitations between adult entertainment uses and
such incompatible uses as schools, child care centers and, religious institutions.
Additional protection will be achieved by limiting the location within the Town Center to
parcels with direct frontage on Collins A venue, limiting the uses to the more intense
commercial areas of the City.
II. LEGAL BASIS FOR REGULATING ADULT ORIENTED BUSINESSES
A. Because of Constitutional free speech guarantees, the City may not totally prohibit
adult entertainment uses.
1. The First Amendment to the United States Constitution provides that "Congress shall
make no law. .. abridging the freedom of speech." This is made applicable to the
states through the Fourteenth Amendment.
2. The United States Supreme Court has established that adult entertainment uses are
entitled to protection as expressive conduct. City (~r Erie v. Pap's A.M., 529 U.S. 277,
120 S.Ct. 1382, 146 L.Ed. 2d 265 (2000)
3. Municipalities are therefore not permitted to enact local regulations that totally
prohibit the freedom of expression associated with adult entertainment uses. These
constitutional protections do not cover activities or material deemed to be obscene,
and such materials and activities may be banned altogether by municipalities.
4. Adult entertainment uses can range from bookstores and/or video stores carrying a
significant number of sexually-oriented materials, to modeling studios, message
parlors and strip clubs. Many of the most common adult entertainment activities,
such as adult book and video and nude dancing establishments, while sexually
explicit, are not considered obscene, and are protected by the First Amendment.
B. Permitted Regulations of Adult Entertainment Uses
1. Courts will uphold reasonable time, place and manner regulations for adult
entertainment uses. In City (~l Renton v Playtime Theaters, 475 US 71, 89 L Ed 2d
29, 106 S Ct 925 (1986), the U. S. Supreme COUl1 established a four-part test to
determine the legal parameters for regulating adult entertainment uses so as not to
violate the First Amendment. That four part test has been applied by the federal
courts in reviewing a wide variety of adult entertainment use regulations. The test is:
a. Whether the predominant purpose of the zoning is to suppress the sexually
explicit speech itselt~ or rather, to eliminate the "secondary effects" of adult uses;
b. Whether the zoning regulation furthers a substantial governmental interest;
Page 3 of 8
c. Whether the zoning regulation is "narrowly tailored" to affect only those uses
which produced the unwanted secondary effects: and
d. Whether the zoning regulations leave open reasonable alternative locations for
adult uses. Later cases have clarified that distance limitations are permissible if
they do not "effectively preclude" all adult uses from a community. David
Vincent, Inc. v. BrOlwlrd County. 200 F.3d 1325 (11th Cir. 2000)
2. While municipalities cannot adopt zoning regulations aimed at suppressing the
content of the use, they are allowed to regulate adult uses in a manner that seeks to
mitigate the potential secondmy impacts (increase in crime, drug use, lowering of
property values, etc.) often associated with adult entertainment uses.
C. Necessity of a Study to Evaluate Secondary Impacts:
I. To justify zoning regulations for adult entertainment uses, municipalities must show that
the regulations are not directed at the content of the use. but at the elimination of the
negative secondary impacts resulting from that use. This is often demonstrated through
secondary effects (or impacts) studies. Based on potential impacts identified in the
study, a municipality can then recommend zoning controls to regulate these types of
uses.
2. Prior to adopting adult entertainment regulations, the City must therefore demonstrate
that it has conducted or relied upon planning studies illustrating the need to protect
certain areas of the City from the negative secondary impacts associated with adult
entertainment uses.
3. Federal courts have consistently ruled that a city does not have to produce its own
studies, but must demonstrate that the studies relied upon were relevant to their city's
concerns.
4. After identifying the potential secondary impacts which adult entertainment uses may
have on a community, the City then must identify how best to regulate these uses to
minimize the negative impacts on residents and businesses within the municipality.
III. Review of the secondary impacts studies conducted in other communities.
Staff has collected a number of different Secondary Effects Studies (City of Saratoga Springs
Report is Attached), and has also been provided with a number of court decisions which discuss
such studies, and the findings contained therein.
Based upon that review and analysis, the staff had reached the following conclusions:
Page 4 of 8
1. Crime rates are higher in areas of adult uses.
2. Sex crimes are higher in areas near adult uses.
3. Residential property values are decreased when in close proximity to adult uses.
4. Residential properties near adult entertainment uses are not well maintained and
financial institutions are more hesitant to invest in such residential areas.
5. Most patrons of adult use do not live within one-mile of site.
IV. Survey of regulations from other local governments
1. Zoning Districts - Each local government had one or more designated zoning districts for
adult entertainment:
Oania Beach
B-2 (Ravenwood Griffin Road Annex Area); lROM (industrial,
Research, Office and Marine)
B-3 (Heavy Business)
B-1 and l-L zoning use districts
lU-l (Light Industrial)
A ventura
Hallandale Beach
Miami-Dade County
3. Building Regulations - Some local governments had use specific regulations governing the
physical characteristics of the building, such as the use of glass to prevent the public from
looking inside. Others addressed typical land use concerns such as an increased need for
parking.
4. Finding/Purpose - Some ordinances included reference to specific studies containing findings
of the adverse impact adult entertainment can have on a community
5. Separation Requirements
Residential Areas Churches Schools Other Adult
Oania Beach 1,000 ft 1,000 ft 1,000 ft 1,000 ft
A ventura 660 ft* * 1,000 ft 1,000 ft 1,000 ft
l-Iallandale Beach 1,000 ft 1,000 ft 1,000 ft 1,000 ft
Miami-Dade County 750 ft 1,000 ft 1,000 ft 1,200 ft
**Exception provided where separated by a 5 lane roadway [Sec. 31-144(d)]
Oaycare Public Parks Public Libraries
Oania Beach*
- - -
A ventura 1,000 ft 1,000 ft 1,000 ft
Hallandale 1,000 ft 1,000 ft 1,000 ft
Miami-Dade County 1,000 ft 1,000 ft
*Distance requirements are also applicable if the establishment sells alcoholic beverages and
permits partial nudity (Dania Beach Sec. 31-40)
Page 5 of 8
V. Recommended Regulatory approach for Sunny Isles Beach:
Traditionally, there are three different regulatory approaches to dealing with adult entertainment
uses:
1. Concentration Method: Under this method adult entertainment uses would be
concentrated within a specific zoning district or geographic area. This is widely-used
method of regulation.
2. Dispersion Method: Under this method the adult uses would be dispersed throughout
the City to prevent concentration. The dispersion is generally accomplished by
requiring separation distances between adult oriented businesses and between
"sensitive uses" such as residences, parks, schools, places of worship etc.
3. Hybrid Method: under this approach a variation of the concentrated model is used,
but separation distances are also established
Because of the limited acreage available within the City for any commercial uses, and because of
the existing residential uses within the Town Center District. the recommendation is to use a
hybrid method:
Limiting adult entertainment uses to the Town Center District, further limited to parcels
with direct frontage along Collins A venue. Additionally, it is recommended that
separation requirements be included, so that adult entertainment establishments cannot be
located within 500 feet of another such establishment. nor within 500 feet of a school or
child care center, nor abutting property used by religious institutions.
In determining the validity of an ordinance regulating adult entertainment uses, the Courts will
consider whether there are adequate sites within a City to meet the Constitutional requirements.
A recent case from Florida that is applicable to the City is David Vincent, Inc. v. Broward
County, 200 F.3d 1325 (11th Cir. 2000). The Broward County ordinance in that case prohibited
adult uses from locating within 500 feet from residentially zoned areas, and within 1000 feet
from schools and churches. The Vincent decision held that the zoning must leave existing adult
businesses with a reasonable opportunity to relocate, and "the number of sites available for adult
businesses under the new zoning regime must be greater than or equal to the number of adult
businesses in existence at the time the new zoning regime takes effect." 200 F.3d at 1337, n. 17.
It further confirmed that the economic feasibility of relocation for the particular adult use is not
relevant, 200 F.3d at 1335, because, as Renton has explained, adult businesses "must fend for
themselves in the real estate market, on an equal footing with other prospective purchasers and
lessees...." 475 U.S. at 54. Vincent considered the ratio of available adult use sites to square
miles in unincorporated Broward County, and found that seven to nine sites were sufficient for
the whole of the unincorporated county. This translates to nine sites for 52 square miles. See
David Vincent. Inc. v. Broward County, 1998 WL 35156026 *3 (S.D. Fla. Feb. 3, 1998).
Page 6 of 8
Using the Vincent case as a benchmark, and considering the total square miles of the City, one or
more sites per 2.5 square miles in the City would appear to be sufficient to meet the
Constitutional standard. The Town Center District, with the applicable separation standards will
provide adequate acreage to meet Constitutional requirements. Moreover, the City's Planners
support the designation of the Collins A venue Corridor of the Town Center District as the
appropriate location for adult uses because it is consistent with the City's development plans.
VI. Amortization of existing nonconforming uses
The Vincent case also explained that the Constitution does not require a "grandfathering"
provision for the existing adult businesses made nonconforming by the zoning ordinance.
Additionally, an amortization period requiring the relocation of adult uses has been upheld,
where there are an adequate number of sites for relocation. See, e.g., Ambassador Books &
Video, Inc. v. City of Little Rock, 20 F. 3d 858 (8th Cir. 1994) (three years); Dumas v. City of'
Dallas, 648 F.Supp. I06L 1071 (N.D.Tcx.1986), C?fJ'd. 837 F.2d 1298 (5th Cir.1988), afrd in
part and vacated in part, 493 U.S. 215 (1990) (three years). The Broward County ordinance
upheld in Vincent required existing adult uses to relocate to the proper zoning district within five
years. 200 F.3d at 1328.
Florida law has long held that nonconforming uses may be required to discontinue or "amortize"
after a reasonable period of time. See, Standard Oil Co. v. City of'Tallahassee, ] 83 F.2d 410 (5th
Cir. 1950). Nonconforming uses generally are recognized as uses that should have a limited
duration, and thus also may be eliminated by abandonment and by restrictions on their
expansion. In this case, the existing adult use is already nonconforming to the district in which it
is located, and would not be made nonconforming simply by the adoption of new adult
entertainment use regulations. This further supports an argument for the reasonableness of an
amortization period.
VII. Conclusion
To ensure compliance with the law, the City must amend its code to designate adult use as a
permitted use within a zoning district. However, the City is able to impose reasonable
limitations to protect the City from the secondary effects of adult uses.
Page 7 of7
March 7, 2007
SECONDARY EFFECTS STUDY
OF ADULT ORIENTED BUSINESSES
CITY OF SARATOGA SPRINGS
Prepared by the
Saratoga Springs Planning Board
In early 2007 Mayor Keehn has asked the Planning Board to develop some proposed
amendments to the zoning ordinance relating to adult uses. The Mayor has specifically
asked that the Planing Board "undertake a study of the potential secondary effects of
adult uses in the City and produce recommendations for amendments to the City Code
for the suitable siting, land use and zoning standards and controls therefor".
In this report the Planning Board will summarize the following:
· Legal basis for regulating adult oriented businesses
· Review of the secondary impacts studies conducted in other communities.
· Survey of existing regulations and conditions in the City of Saratoga Springs
· Finding and recommendations.
LEGAL BASIS FOR REGULATING ADULT ORIENTED BUSINESSES
The Planning Board asked City Attorney Michael Englert to provide an analysis of the
legal basis for regulation adult oriented businesses, and he provided the following
analysis:
I. Although the City May Regulate "Adult uses" Pursuant to its Municipal Police Power,
It May Not Flatly Prohibit Such Uses.
A. Both the 1st Amendment of U.S. Constitution and Article 1, Section 8 of the New
York State Constitution provides for the protection of every citizen's right to the
freedom of speech and expression.
B. Municipalities are therefore not permitted to enact local regulations that totally
suppress the freedom of expression associated with adult use activities, and
such uses must be allowed within any and all municipalities.
C. It should be noted, however, that constitutional protections doe not cover
activities or material deemed to be obscene, and these materials and activities
may be banned altogether by municipalities.
D. Adult entertainment use can range from bookstores and/or video stores carrying
a significant number of sexually-oriented materials, to modeling studios,
message parlors and strip clubs. Many of the most common adult entertainment
activities, such as adult book and video ard nude dancing estClblishments, while
sexually explicit are not considered obscene, and are protected by the First
Amendment.
II. Permitted Regulations of Adult Use Is to Mitigated "Secondary Impacts" of Adult Use
Establishments.
A. In City of Renton v Playtime Theaters, 475 US 41.89 L Ed 2d 29.106 S Ct 925
(1986), the U. S. Supreme Court established a four-part test to determine when
zoning regulations for adult businesses do not violate the First Amendment:
1. Whether the predominant purpose of the zoning is to suppress the sexually
explicit speech itself, or rather, to eliminate the "secondary effects" of adult
uses;
2. Whether the zoning regulation furthers a substantial governmental interest;
3. Whether the zoning regulation is "narrowly tailored" to affect only those uses
which produced the unwanted secondary effects; and
4. Whether the zoning regulations leave open reasonable alternative locations
for adult uses - In the New York case of the Town of Islip v Caviglia, 73
N.Y.2d 544 (1989), the court upheld Islip's regulations allowing adult uses
only in an area zoned for industrial use, which the court found provided ample
space for the development of such uses.
B. Hence, the federal and state constitutions protect the content of adult
entertainment activity.
1. Police power justifying zoning regulations cannot be aimed at suppressing or
limiting the content of the use.
2. "When municipal regulations impinge on an adult business's freedom of
expression, they lose the presumption of constitutionality that normally
applies to zoning regulations, and the burden shifts to local government to
justify its restrictions." New York State Department of State Counsel's Office,
Opinions of Counsel: Municipal Regulation of Adult uses After the
Stringfellows Decision.
3. Municipal regulations cannot focus on regulating adult uses because of what
those uses contain, whether it be sexually explicit printed material, videos, or
nude dancing.
C. Municipalities, however, are allowed to regulate adult uses in a manner that
seeks to mitigate the potential secondary impacts (increase in crime, drug use,
lowering of property values, etc.) often associated with adult entertainment uses.
1. In the case of Stringfellow's of New York, Ltd., v City of New York, the New
York State Court of Appeals developed a test for determining the validity of
zoning regulations under Article I, Section 8 of the New York State
Constitution which includes:
a. The zoning regulation must be justified by concerns unrelated to speech;
Le. secondary impacts;
2
b. It must be "no broader than necessary" to achieve its purpose:
i. The adult use law should
(i) be coherent regulatory scheme narrowly designed to attack the
problems associated with adult establishments;
(ii) set forth explicit standards for those who apply them to preclude
arbitrary and discriminatory application;
(iii) affect only the category of uses that produce the unwanted
negative effects; and
c. The zoning regulation must provide alternative locations for adult use
businesses.
i. By preventing adult businesses from locating in residential districts
while allowing such establishments to locate in manufacturing and
commercial districts, the StringfeJ/ows court found the amendment
protects only those communities and community institutions that are
most vulnerable to their adverse impacts.
ii. Municipalities may constitutionally bar adult establishments from, or
within, a specified distance of residentially-zoned areas and facilities
in which families and children congregate, and may be prohibit adult
businesses from operating within a specified distance of one another
to avoid the undesirable impacts associated with concentration of
such uses.
III. Necessity of Planning Study to Evaluate Secondary Impacts:
A. To justify zoning regulations for adult businesses, municipalities must show that
the regulations are not directed at the content of the use, but at the elimination of
the negative secondary impacts resulting from that use. These are often
demonstrated through secondary effects (or impacts) studies. Based on potential
impacts identified in the study, a municipality can then recommend land use
controls to regulate these types of uses.
B. Prior to adopting adult entertainment regulations, a municipal government must
therefore demonstrate that it has conducted or relied upon planning studies
illustrating the need to protect certain areas of the municipality from the negative
secondary impacts associated with adult businesses.
C. In Renton v Playtime Theaters, the Court stated "that the city did not have to
produce its own studies...but must reasonably believe (on the record) that the
studies were relevant to its concerns. It
D. While secondary effect studies ccm take various f8rms, there are ce;-t8in
elements that should be included in any study. The Secondary Effects Study of
Adult Entertainment Uses from the Village of Scotia (funded by the New York
3
<1
Planning Federation, and released in September, 1999), can be used as a model
for how communities prepare these studies and their format.
1. For its study, the Village of Scotia reviewed studies from Austin and EI Paso,
Texas; Newport News, Virginia; Garden Grove, California; Islip and the City
of New Rochelle, New York; and Indianapolis, Indiana.
2. Research methods included
a. comparison of areas that contained adult uses with areas that did not
(control areas),
b. survey of professionals and residents,
. c. and gathering statistical data.
3. Secondary effects studied included crime rates, impacts on real estate, traffic,
noise and general neighborhood appearance.
E. Based on the review of these studies, the Village of Scotia concluded that all
supported the existence of a number of negative secondary effects of adult
entertainment uses, such as an increase in crime rates, decline in property
values, and a general deterioration, both in reality and perception, of the
neighborhoods in which these uses are located. Scotia also found that the
studies were relevant to the Village since the studies did not focus on the
community as a whole, but on much smaller areas. In addition, the impacts of
adult uses on the study area were found to be independent of the size of the
municipality.
F. The Village of Scotia findings that were especially applicable to them included:
1. The smaller the commercial district, the larger the impact because the
"negative halo" will affect a larger proportion of the municipality's business
than it would in a larger city;
2. Because of the small size of commercial districts the probability of substantial
impacts of sexually oriented businesses upon residential areas increases,
and;
3. Smaller places are more likely to have fewer days and hours of commercial
activity than larger cities. This increases the likelihood than an adult business
will have a larger impact on the area in which it is situated during off-hours for
other business increases.
IV. Regulation Recommendation and Local Law:
A. The next step after establishing the potential secondary impacts which adult
entertainment uses may have on a community, is to identify how best to regulate
4
these uses to minimize the negative impacts on residents and businesses within
the municipality.
B. Before choosing a regulatory method, the Village of Scotia,
1. Reviewed current zoning: The Village identified which zoning districts would
currently allow adult entertainment businesses to locate as a permitted use,
siting some of the undefined permitted uses within the Village zoning that an
adult entertainment establishment may argue are appropriate classifications
for their use. These included, but were not limited to, retail stores and shops,
restaurants, theaters, membership clubs, drinking establishments and
personal services stores.
2. Identified land uses sensitive to potential negative impacts: The Village
identified sensitive areas "as possessing characteristics that are essential to
the Village's character, quality of life, and economic success." These areas
include residential neighborhoods, the central business district, places of
worship. schools, childcare facilities, recreation areas, parks and
playgrounds, and civic and cultural facilities.
3. Reviewed legal considerations and regulatory options: An overview of legal
considerations and regulatory options was presented to outline major court
decisions that impact local regulation of adult entertainment uses. Regulatory
methods of licensing, concentration (which concentrates adult uses within a
specific zone), dispersion (which seeks to prevent the concentration of adult
uses), and the hybrid method (which concentrates adult uses within a certain
zone and additionally restricts adult uses from locating within a certain
distance of identified sensitive areas) were presented as options available. Id.
at 14-16.
C. Based on the above analysis, the Village of Scotia decided to adopt a local law
regulating adult entertainment uses for the purpose of mitigating the negative
secondary impacts potentially caused by such uses. Adult entertainment uses
are permitted only in industrial zones within the Village and further restricted from
being within a minimum of 500 feet from identified sensitive areas. A minimum
separation of 500 feet between adult uses is included, as are signage
restrictions.
V. Summary: When faced with regulating adult entertainment uses, municipalities
should remember the following:
D. Identify the issues -- what causes concern? Adult entertainment uses are often
controversial and the issue or issues a municipality is most concerned with
should be clearly identified and stated, ideally first addressed in a municipal
comprehensive plan. As with any issue, communities should specifically identify
what causes concern.
E. Identify pos~jble solutions/tools as municipal options -- While municipal police
power is limited in terms of prohibiting adult entertainment uses, municipalities do
have control over where these uses can be located to mitigate possible negative
secondary impacts.
5
F. Conduct a Secondary Study -- A secondary study is required before drafting any
adult use regulations. While there is no required format for secondary studies,
municipalities should include secondary impacts, current regulations/zoning,
sensitive land uses and legal and regulatory options.
G. Draft and implement regulations -- Based on the secondary study and municipal
options for regulation, draft and implement regulations that best suit the character
of your municipality and best address municipal concerns.
H. Involve the public -- Involving the public throughout the planning and regulatory
process helps build a constituency regarding the issues of concern for the
community. When dealing with a potentially controversial issue, involving the
public can also help educate the community on all aspects of the issue.
REVIEW OF SECONDARY IMPACTS STUDIES CONDUCTED IN OTHER
COMMUNITIES
Since the City of Saratoga Springs does not have any existing adult oriented
businesses, the Planning Board could not undertake it's own study of the potential
negative secondary impacts that adult use might have. Therefore, the Planning Board
relied on existing studies of secondary impacts of adult oriented businesses that were
conducted in other communities:
The Planning Board reviewed the following original studies:
1. uSecondary Effects Analysis of Adult Oriented Businesses in the Town of
Wilton, New York (1998)
2. uSecondary Effects Study of Adult Entertainment Uses" Village of Scotia,
New York (1999)
The Village of Scotia report provided a detailed summary of similar studies that had
been undertaken in the following communities:
1. Austin, Texas
2. EIPaso, Texas
3. Newport News, Virginia
4. Garden Grove, California
5. Islip, New York
6. Indianapolis, Indiana: and
7. Rochester, New York.
The review of the analysis of studies undertaken in other communities, the Planning
Board made the following conclusions:
1. Crime rates are higher in areas of adult uses.
2. Sex crimes are higher in areas near adult uses.
3. Residential property values are decreased when in clost. proximity to adult uses.
4. Physical blight near adult uses.
5. Near adult uses residential properties are not well maintained, financial institutions
are more hesitant to invest, etc.
6
6. Most patrons of adults do not live within one-mile of site.
SURVEY OF EXISTING REGULATIONS AND CONDITIONS IN THE CITY OF
SARATOGA SPRINGS
Identification and analvsis of existina reaulations and existina zonina.
Section 240~12.14 of the Zoning Ordinance of the City of Saratoga Springs sets forth the
current regulations for locating "adult bookstores" and "adult entertainment
establishments" within the City.
These establishments are defined in Section 240-1.5. The Planning Board concluded
that these current definitions are narrow and limited. They do not include the full range
and variety of adult-oriented uses that have developed in other communities.
Under the existing regulations these "adult bookstores" and "adult entertainment
establishments" generally fall within the following uses identified in our ordinance "retail",
"eating and drinking establishments", "service establishments", "Group entertainment"
"Retail" use is permitted in the following zoning districts:
· As "principal permitted use": HGBD, T-6
· As by "special use permit": T-4, T-5.
"Eating and drinking establishments" are permitted in the following zoning districts:
· As "principal permitted use": INST-HTR, HGBD, TRBD, WRBD, T-6
· As by "special use permit": INST-HTR, NCUD-1, T-4, T-5
"Service establishments" are permitted in the following zoning districts:
· As "principal permitted use": HGBD, T-6
· As by "special use permit": UR-4A, T-4, T-5
"Group entertainment" use is permitted in the following zoning districts:
· As "principal permitted use": HGBD, TRBD, T-6
. As by "special use permit": T-4, T-5
These establishments are not permitted to locate with 2,500 of the property line of any of
the following "sensitive site":
· School (public, private or parochial)
. Library
. Park or playground
· Place of worship (church, convent, monastery, synagogue)
The existing commercially owned lands where the adult uses might be permitted under
the current zoning regulations are as follows:
· The Transect -4 area zoning district off of Gick Road near Exit 15 = 5 acres
· The Transect -4 and Transect -5 area off of Church Street between West Avenue
and Kirby Road = 63 acres.
7
. Highway General Business District area on Route 50 near Northline Road = 5 acres.
However, from the reading of various court cases the Planning Board concluded that the
2,500 foot separation between adult uses and "sensitive sites" would probably be
consider by most courts as excessive and might result in our ordinance being ruled as
unconstitutional.
Identification of sensitive uses and sites.
The Planning Board decided to use the same type of "sensitive sites" as identified in the
current ordinance. The Planning Board identified and mapped the following site:
. School/Day Care (public, private or parochial):
Skidmore College (815 North Broadway)
Empire State College (2 Union Avenue)
Empire State College (111 West Avenue)
Caroline Street Elementary School
Lake Avenue Elementary School
Division Street Elementary School
Geyser Road Elementary School
Junior High School (3 Blue Streak Blvd.)
Senior High School ( Blue Streak Blvd.)
St Clements Regional Catholic School (231 Lake Avenue)
Saratoga Central Catholic High School (247 Broadway)
Spring Hill School, (York Avenue)
Spring Hill School (122 Regent Street)
Yeshiva Machzikei Hadas (1 Veterans Way)
Saratoga Independent School (459 Lake Avenue)
Creative Discovery Pre-school (10 Franklin Street)
Saratoga Hansel and Gretel (66 Seward Street)
North County Academy (7 Care Lane)
St. Paul's Lutheran Christian Childhood Center (149 Lake Avenue)
YMCA (West Avenue)
.. Libraries:
Saratoga Springs Public Library (42 Henry Street)
All the schools
. Park or playground
Spa Sate Park
Weibel Avenue Ice Rinks (Weibel Avenue)
Weibel Avenue Indoor Recreation Center Sites (Weibel Avenue) (Under
development)
North Side Field (Clement Avenue)
South Side Field (Vanderbilt Avenue)
Congress Park (Broadway)
High Rock Park (High Rock Avenue)
Geyser Road (Adam RoaL;)
East Side Ree (Lake Avenue)
West Side Rec (Division Street)
8
Recreation areas at all the schools listed above.
Skidmore College (815 North Broadway)
Saratoga National Golf Course (Union Avenue)
Saratoga Golf and Polo (Church Street)
Murphy's Mini Golf & Driving Range (Route 9)
High Rock Bowling Alley (Ballston Avenue)
Bog Meadow Nature Trail (Lake Avenue/Meadowbrook Road)
Railroad Run Trail rNest Circular Street/New Street}
Waterfront Recreation Area (Crescent Avenue) (Under development)
- Ten Springs Woods (Excelsior Springs Avenue)
Spring Run Trail (Excelsior Springs Avenue) (Under development)
. Place of worship (church, convent, monastery, synagogue)
Assembly of God, 118 (Woodlawn Avenue)
Bethesda Episcopal Church (41 Washington Street)
Church of Jesus Christ Later Day Saints (Glen more Avenue)
Dyer-Phelps Ame Zion Church (2 Crescent Street)
First Baptist Church (45 Washington Street)
Jewish Community Center Congregation rNeibel Avenue)
living Springs Community Church (Pine Road)
New life Fellowship (52 Congress Street)
Presbyterian New England Church (24 Circular Street)
St. Clements Church (231 Lake Avenue)
St. Paul's Lutheran Church (149 Lake Avenue)
St. Peter's Church (241 Broadway)
Saratoga Abundant life Church (2325 Route 50)
Seventh-Day Adventist Church (399 Union Avenue)
Soul Saving Station for Every Nation (62 Henry Street)
Temple Shinai (509 Broadway)
Unitarian Universalist Congregation (624 North Broadway)
United Methodist Church (Henning Road)
Universal Baptist Church (25 Washington Street)
. Community Centers:
Senior Citizen Center rNilliam Street)
Ford Community Center (Fenlon Street)
City Hall (474 Broadway)
City Center (Broadway)
. Cemeteries:
Greenridge Cemetery (Lincoln Avenue)
St Peter's Cemetery rNest Avenue}
Maplewood Cemetery (Weibel Avenue)
Crescent Avenue Cemetery (Crescent Avenue)
Geyser Road Cemetery (Geyser Road)
The Planning Board has also decided to the following additional "sensitive sites":
. Residential neighborhoods:
. All existing residential occupied structures.
9
. Include the following institutions:
· Skidmore College (North Broadway)
. Wesley Nursing Home (Lawrence Street)
· Saratoga Hospital Nursing Home (Church Street)
. Four Wind Hospital (Crescent Avenue)
. Home of the Good Shepherd (Church Street)
. Yaddo (Union Avenue)
. NYRA Dormitories (Nelson Avenue)
· Downtown Area
. Includes the Transect -6 zoning district and the Congress Park Centre Planned
Unit Development District.
· Entranceways to the City include all tax parcels that are within 100 feet of the public
right-of-way allow the following highways:
· Route 9 (South Broadway, Marion Avenue)
. Route 50 (8allston Avenue, Arterial)
· Route 9P (Union Avenue)
. Route 29 (Lake Avenue, Washington Street)
· Route 9N (Church Street)
. West Avenue
· Tourist Sites:
. Tang Museum (North Broadway)
. Museum of Dance (South Broadway)
· Museum of Racing (Union Avenue)
. Children's Museum (Caroline Street)
· Saratoga Performing Arts Center (Route 50)
· Hall of Fame of Harness Racing (Jefferson Street)
. Race Course Grandstand (Union Avenue)
· Raceway Grandstand (Nelson Avenue)
· Saratoga Gaming and Racing - Racino (Nelson Avenue)
· Petrified Sea Gardens (Petrified Garden Road)
· NYS Military Museum (Lake Avenue)
· Yaddo Gardens (Union Avenue)
The Planning Board also identified the planning efforts that might be adversely impacted
by adult uses.
Comprehensive Plans (1987,1999,2000,2001)
Open Space Plans (1994, 2002)
Historic Preservation Plan (2001)
ReQulatorv approaches for SaratoQa SprinQs:
The Plannii:g Board examined 11:2 following three different regulatory approaches:
1. Concentration Method: Under this method adult uses would be concentrated
within a specific zoning district or geographic area. The concept would be similar
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to what the City of Boston once did by creating a "combat zone" where the adult
uses were concentrated.
2. Dispersion Method: Under this method the adult uses would be dispersed
throughout the City to prevent concentration. The dispersion is generally
accomplished by requiring separation distances between adult oriented
businesses and between "sensitive uses" such as residences, parks, schools,
places of worship, etc.
3. Hybrid Method: Under this approach a variation of the concentrated model is use
used, but separation distances are also established
The Planning Board felt that the hybrid method would be the most applicable to
conditions of the City.
Approaches used bv other communities in the County:
The Planning Board reviewed the following summary of the adult use regulations in the
following selected communities with Saratoga County:
Town of Wit Ion (1998);
Prohibited adult uses if located:
Within 1,000 feet of any church, school, park, etc.
Within 500 feet of another adult use.
Permits adult uses in the C-3 Commercial/Light Industrial District upon the issuance
of a special use permit.
Town of Halfmoon (2000):
Prohibited adult uses if located:
Within 1,000 feet of any residential property, church, park, cemetery, etc
Within 1,500 feet of any school.
Within 2,500 feet of any place where alcoholic beverages are sold.
Town of Moreau (2002):
Permits adult uses in a M1A District upon the issuance of a special use permit.
Prohibited adults uses if located:
Within 500 feet of a residential use.
Within 2,500 feet of any church, school, park, etc.
Within 1,000 feet of another adult use.
Possible locations for adult uses within the City:
During the public review process the public or the Planning Board identified the following
areas and evaluated them for the possible siting of adult uses within the City:
Possible site that could be considered under the "hybrid method":
Northern portion of Grande Industrial Park. (Duplainville Road/Grand Blvd.)
Relatively isolated location.
Only one entrance.
Couij require no adult i. c: be within 500 feet of.8 residence or vvithin 1,500 feet
of school or playground.
Portion of Extractive Industrial area (Route 29/Brook Road)
Would have access from Route 29 (Washington Street).
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Uses might be disturbed by quarry operations.
Could require no adult use be within 500 feet of a residence.
Warehouse District (Storage LanelWashington Street)
Would have access form Route 29 (Washington Street) and maybe Route 9N
(Church Street) in the future.
Could require no adult uses be within 250 feet of a residence.
Weibel Avenue Area:
Would have access from Route 29 (lake Avenue) and Route 50.
Could require no adult use within 500 feet of a residence/cemetery or within
1,500 feet of a recreation area.
Route 9 (lower South Broadway) Area:
Area is designated entranceway to the City and has been identified as a sensitive
site.
Area is an along a designated entranceway to the City.
Could require no adult use within 500 feet of a residence/cemetery or within
1,500 feet of a recreation area.
Driscoll Road Area:
Area is not currently zoned for commercial uses and it has no water or sanitary
sewer services.
A zoning change would also require an amendment to the Comprehensive Plan.
The area is also adjacent to the passive use areas of the Saratoga Spa State
Park.
Racino Area (Crescent Avenue):
This are has a lot out out-of-town visitors.
This area is relatively self contained.
Areas is a designated tourist site
Could require no adult use within 500 feet of a residence/cemetery or within
1,500 feet of a recreation area.
RECOMMENDATIONS AND FINDINGS FOR ORDINANCE CHANGES:
The Planning Board makes the following recommendations to the City Council:
The Planning Board makes the following recommendations to the City Council:
1. It is a constitutional requirement for the City has to provide for adult uses somewhere
within the community.
. City can't flatly prohibit all adult uses.
· City can regulate adult uses to mitigate secondary impacts.
· City is required to undertake a planing analysi~ to evaluate secondary impacts.
2. The existing regulations for controlling adult uses are not appropriate and should be
abandoned for the following reasons:
· The definitions are old and not inclusive. Since the ordinance was originally
adopted in 1990, the adult use industry has changed.
· The existing regulations relating to adult uses permit the uses to be dispersed in
numerous commercial districts thorough the City provide they are not within
2,500 feet of a school, library, park, playground or place of worship. This has
pc l.(-~ntial adverse imp<Jcts on other sensitive land uses such as residential areas,
daycare centers, entranceways, cemeteries, community centers, etc.
· The three geographic areas that currently meet the requires are:
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· The Transect -4 area zoning district off of Gick Road near Exit 15 = 5
acres
· The Transect -4 and Transect -5 area off of Church Street between West
Avenue and Kirby Road = 63 acres.
· Highway General Business District area on Route 50 near Northline Road
= 5 acres.
· The existing regulations that require adult uses to be at least 2,500 feet from
'sensitive" land use is likely unconstitutional. Most courts have not accepted a
separation distance of greater than 1 ,500 feet.
3. The City should adopt a new ordinance to regulate adult uses because to not have
one that meets the constitutional requirements will likely lead the following:
· Expose the City to lawsuits that challenge the constitutionally of the current
regulations. Such litigation would be:
· Likely be expensive to defend.
· Likely result in our existing ordinance being overturned.
· Likely result in the accuser being ~warded the rights to establish an adult use
in the location of their choice, with the resultant adverse impact that the City
would be unable to control.
4. The various types of adult uses should be divided into three categories:
· Class I Adult Uses are those that would likely have minimum adverse impact and
should be controlled by developing new standard relating to display of materials.
· Class II Adult Uses are those that would likely have significant adverse impact
and should be controlled as to location and design.
· Class III Adult Uses are those that would likely have detrimental adverse impacts
and should be prohibited throughout the City.
5. No Class II Adult Uses should be permitted in a structure that with within:
· 500 feet of the property line in which any existing single-family, two-family or
multiple, family dwelling is located.
· 1,500 feet from the existing property boundary of any public park, off road public
bike path, public playground, cemetery, public indoor recreational facility, public
library, public or private school, place of worship, public community center or day
care facility.
· 500 feet from any structure where an existing Class II Adult Use is located
therein.
· Any parcel within the downtown area (T-6 and Congress Park Centre PUD
zoning districts).
· Any parcel that is within 100 feet of the right-of-way boundary of any designated
entranceways to the City.
· A structure that has an existing Class II Adult Use located therein.
6. Class II Adult Uses shall only be permitted within a specially designated "adult use
overlay district" which shall be in the following location:
~ The portion of the Industrial-General (/ND-G) zoning district that lies within 400
feet of the right-ot-way boundaries of Dup!ainville Road (County Route 46) and
Grande Boulevard (County Route 46). This area is approximately 92 acres and
currently involves portions of 12 separate tax parcels.
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7. Require special development standards for Class I and Class II Adult Uses:
· The construction of new Class I Adult Uses will require site plan review approval
in commercial zoning districts and will have to comply with strict standards
relating to the display of adult materials.
· The construction of new Class II Adult Uses will require site plan review and
architectural review with strict standards on outside signs and display.
Adopted by the Saratoga Springs Planning Board: March 7, 2007.
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