HomeMy WebLinkAboutORDINANCE NO. 07-08-35ORDINANCE# 07-08-35
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND THE CITY OF MILTON ZONING ORDINANCE
CHAPTER 19.4.1,19.4.2, USE PERMIT FOR ADULT BOOK STORE AND
ADULT ENTERTAINMENT ESTABLISHMENTS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular called
council meeting on June 21, 2007 at 7:00 p.m. as follows:
SECTION 1. That the Ordinance relating to amending Chapter 19.4.1, 19.4.2, Use
Permit for Adult Book Store and Adult Entertainment Establishments of the City of
Milton Zoning Ordinance, is hereby adopted and approved and is attached hereto as if
fully set forth herein; and,
SECTION 2. All Ordinances, parts of ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this 21St day of June, 2007.
i
Joe Lockwood, *
Attest:
e tte R. Marchiafava, City Clerk
(Seal)
Page 1 of 1
ARTICLE XIX
Section 19.4
Use Permits
19.4. MINIMUM USE PERMIT STANDARDS.
19.4.1. ADULT BOOK STORE.
INTENT AND FINDINGS.
It is the intent of this article to regulate the place of operation of Adult Book
Stores as defined in this Ordinance. The City Council finds, based upon an
October, 1980, study by the Minnesota Crime Prevention Center, Inc.,
Minneapolis, Minnesota, entitled An Analysis of the Relationship Between Adult
Entertainment Establishments Crime and Housing Values, that adult book stores
are significantly related to diminishing market values of neighboring residential
areas, that adult book stores should not be located in residential areas, and that
adult book stores should be permitted only in locations that are at least 1/10 mile,
or approximately 500 feet, from residential areas.
P.. The Council further finds, based upon a June, 1978, study by the Division of
Planning of the St. Paul, Minnesota, Department of Planning and Economic
saw Development and the Community Crime Prevention Project of the Minnesota
Crime Control Planning Board entitled Effects on Surrounding Area of Adult
Entertainment Businesses in Saint Paul, that the presence of adult book stores
correlates with a decreasing market value of neighboring residential areas, that
adult book stores tend to locate in areas of poorer residential condition, tend to be
followed by a relative worsening of the residential condition, and that more than
two adult entertainment businesses in an immediate area is associated with a
statistically significant decrease in residential property market value, and that
such a concentration of adult entertainment businesses in a given area should be
discouraged. The Board also finds that such worsening of residential conditions
will adversely affect uses found in residential areas or in the proximity of
residential areas, such as public recreational facilities, public or private
institutional uses, churches, schools, universities, colleges, trade -schools,
libraries, and day care centers.
The Council further finds, based upon a May 19, 1986, land use study conducted
in Austin, Texas, that an adult book store within one block of a residential area
decreases the market value of homes, that adult book stores are considered a sign
of decline by lenders, making underwriters hesitant to approve the 90-95%
financing many home buyers require, and that patrons of adult book stores tend to
be from outside the immediate neighborhood in which the adult book store is
located.
soft The Council further finds, based upon a March 3, 1986, study conducted by the
Oklahoma City, Oklahoma, Community Development Department entitled Adult
�'"" Entertainment Businesses in Oklahoma City - A Survey of Real Estate
Appraisers, that an adult bookstore will have a negative effect on residential
property market values if it is located closer than one block to residential uses.
The Council further finds that this Section of the zoning resolution regarding
regulation of adult book stores has been carefully considered by a workgroup of
City staff drawn from the areas of law enforcement, land use, land planning, and
law; by the Planning Commission at public meetings where public comment was
available; and by a committee of citizens with expertise in law, real estate, land
use, and other disciplines, who have reviewed this Section, particularly with
respect to its provisions relating to the effects of adult book stores on market
values of residential and other property, and that the information gathered and
results of this informal study support the need for these development standards.
This Section is intended to be a carefully tailored regulation to minimize the
adverse land use impacts caused by the undesirable secondary effects of adult
bookstores, and the City Council finds that restricting adult book stores to
industrially zoned areas and imposing development standards can legitimately
regulate adult book stores by establishing zones where adult book stores are most
compatible with other uses or the surrounding neighborhood, and by requiring
minimum distances to be maintained between adult bookstore uses and other uses
so as to afford the most protection to residential uses.
It is not the intent of the City Council, in enacting this Section of the Zoning
Resolution, to deny to any person rights to speech protected by the United States
or Georgia Constitutions, nor is it the intent to impose any additional limitations
or restrictions on the contents of any communicative materials, including sexually
oriented films, videotapes, books, or other materials; further, in the adoption of
this Section of the Zoning Resolution, the City Council does not intend to deny or
restrict the rights of any adult to obtain or view any sexually oriented materials
protected by the United States or Georgia Constitutions, nor does it intend to
restrict or deny any constitutionally protected rights that distributors or exhibitors
of such sexually oriented materials may have to sell, distribute, or exhibit such
constitutionally protected materials; finally, in the enactment of this ordinance,
the City Council intends to adopt a content neutral measure to address the
secondary effects of adult bookstores.
A. Reauired Districts: M-1, M-2 (Industrial), C-1 and C-2 (Commercial)
districts.
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B. Standards:
1. All boundary lines of the property included within the use permit
as filed must be located at least 500 feet from the properties listed
below:
a. The property line of Suburban A, Suburban B, Suburban C,
R-1, R-2, R -2A, R-3, R -3A, R -4A, R-4, R-5, R -5A, R-6,
NUP, CUP, TR, A, A -L, AG -1 zoned property or property
conditioned or used for residential purposes.
b. The property line of any public recreational facilities,
public or private institutional uses, including but not
limited to churches, schools, universities, colleges, trade -
schools, libraries, day care centers and other training
facilities where minors are the primary patrons.
2. The boundary line of the use permit must be located at least 1500
feet from the property line of any other adult entertainment
establishment or adult book store.
3. Submit with the application for a Use Permit, a certified boundary
survey by a licensed surveyor of the site and the property lines of
surrounding properties identifying the use of properties at or within
1000 feet of the boundary lines of the subject property and adult
entertainment establishments or adult bookstores within 1500 feet
of the boundary line of the subject property.
4. If the adult book store is to be located in an existing structure
where a Land Disturbance Permit is not required, an existing
building permit review application must be filed and determined
by the Environment and Community Development Department to
be in compliance with the terms of this resolution prior to any
occupancy.
5. Permitted curb cut access shall be from a major thoroughfare.
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6. No depiction of anatomical areas or sexual activities specified in
the definition of "adult entertainment' shall be visible from outside
the structure or on signage outside the structure.
7. The minimum landscape areas required for the O -I zoning district
as specified in Section 4.23 shall be required. Where buffers are
required, the underlying zoning district buffer standards shall
apply.
19.4.1. C. Permit Issuance. :
Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant
meeting the above requirements and standards shall be entitled to the
issuance of a use permit.
19.4.1. D. Permit Applications. :
Notwithstanding any other provision herein, any material omission or
untrue or misleading information contained in or left out of an application
for a use permit shall be grounds for denial of said permit.
19.4.1. E. Permit Processing. :
The City shall have ninety (90) days (unless the application is suspended
,i,,,mi by failure of the applicant to provide data, information or records as
reasonably requested by the City and required by this code, to complete
the investigation) from receipt of a completed application for a use permit
to make a decision in which to grant or deny a use permit. The Department
of Community Development and the Planning Commission shall make
recommendations to the City Council regarding the approval or denial of
the use permit and the Council shall make the final decision after a public
hearing regarding the same. In the event the City Council has not granted
or denied the application within ninety (90) days (unless the application is
suspended by failure of the applicant to provide data, information or
records as reasonably requested by the City to complete the investigation),
the use permit shall automatically issue.
19.4.1. F. Denial of Use Permit.:
In the event an application for a use permit is denied by the City Council,
the applicant shall be notified in writing of such denial within 10 business
days by U.S. Mail. A decision by the City Council regarding the denial of
said permit is a final action; therefore, any appeal of such decision shall be
pursued by application for Writ of Certiorari filed with the Superior Court
of Fulton County in accordance with applicable statute.. This appeal shall
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in no way preclude an applicant from seeking any other remedies available
at law or equity.
19.4.1. G. Permit Application. :
Nothing in this section shall allow for the conducting or zoning of any
business or entity which would otherwise be illegal.
19.4.2 ADULT ENTERTAINMENT ESTABLISHMENTS.
INTENT.
It is the intent of this Section to regulate the place and manner of the operation of
businesses or facilities that offer Adult Entertainment as defined in this
Ordinance. It is well established and has been the experience of other
communities in Georgia and throughout the United States that adult
entertainment, which includes public nudity, has been associated with and may
encourage disorderly conduct, prostitution and sexual assault. This Section
advances the substantial government interest in promoting and protecting public
health, safety, and general welfare, maintaining law and order and prohibiting
public nudity. The Section is narrowly constructed to protect the First
Amendment rights of citizens of the City of Milton while furthering the
substantial governmental interest of combating the secondary effects of public
nudity and adult entertainment from areas and uses of the community which are
incompatible. Areas and uses which are to be protected from adult entertainment
include but are not limited to residential, churches, day care centers, libraries,
recreational facilities, and schools.
A. Required Districts: M-1 (Light Industrial), M-2 (Heavy Industrial), C-1 and C-2
(Commercial) districts.
B. Standards:
1. All boundary lines of the property included within the use permit must be
located at least 500 feet from the properties listed below:
a. The property line of Suburban A, Suburban B, Suburban C, R-1,
R-2, R -2A, R-3, R -3A, R -4A, R-4, R-5, R -5A, R-6, NUP, CUP,
TR, A, A -L, AG -1 zoned property or property conditioned or used
for residential purposes.
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b. The property line of any public recreational facilities, public or
private institutional uses, including but not limited to churches,
schools, universities, colleges, trade -schools, libraries, day care
""` centers and other training facilities where minors are the primary
patrons.
2. The boundary line of the Use Permit must be located at least 1500 feet
from the property line of any other adult entertainment establishment or
adult bookstore.
Submit with the application for a Use Permit, a certified boundary survey
of the site and the property lines of surrounding properties identifying the
use of properties at or within 1000 feet of the boundary lines of the subject
property and adult entertainment establishments and/or adult bookstores
within 1500 feet of the boundary line of the subject property.
4. No final Land Disturbance Permit, Building Permit, Certificate of
Occupancy, or Building Permit Review Certificate may by issued until the
approved City Adult Entertainment Business License is filed with the
Director of the Community Development Department.
5. If the adult entertainment business is to be located in an existing structure
,,..., where a Land Disturbance Permit is not required, an existing building
permit review application must be filed and approved in the Community
y� Development Department prior to any occupancy.
6. Building shall be located a minimum of 50 feet from all property lines.
7. Parking spaces at a ratio of 10 per 1000 gross square feet of floor space
shall be provided.
8. Permitted curb cut access shall be directly from a major thoroughfare.
9. On -premise signs shall not display lewd or graphic depictions of body
parts or acts which are defined in Article and Subsection 3.3.1.
10. No adult entertainment shall be visible from outside the structure.
11. The minimum landscape areas required for the O -I zoning district as
specified in Section 4.23 shall be required. Where buffers are required, the
underlying zoning district buffer standards shall apply.
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19.4.2. C. Permit Issuance. :
Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant
meeting the above requirements and standards shall be entitled to the
issuance of a use permit.
19.4.2. D. Permit Applications. :
Notwithstanding any other provision herein, any material omission or
untrue or misleading information contained in or left out of an application
for a use permit shall be grounds for denial of said permit.
19.4.2. E. Permit Processing. :
The City shall have ninety (90) days (unless the application is suspended
by failure of the applicant to provide data, information or records as
reasonably requested by the City and required by this code, to complete
the investigation) from receipt of a completed application for a use permit
to make a decision in which to grant or deny a use permit. The
Community Development Department and the Planning Commission shall
make recommendations to the City Council regarding the approval or
denial of the use permit and the Council shall make the final decision after
a public hearing regarding the same. In the event the City Council has not
granted or denied the application within ninety (90) days (unless the
application is suspended by failure of the applicant to provide data,
information or records as reasonably requested by the City to complete the
investigation), the use permit shall automatically issue.
19.4.2. F. Denial of Use Permit. :
In the event an application for a use permit is denied by the City Council,
the applicant shall be notified in writing of such denial within 10 business
days by U.S. Mail. A decision by the City Council regarding the denial of
said permit is a final action; therefore, any appeal of such decision shall be
pursued by application for Writ of Certiorari filed with the Superior Court
of Fulton County within 30 days of the decision. This appeal shall in no
way preclude an applicant from seeking any other remedies available at
law or equity.
19.4.2. G. Permit Application. :
Nothing in this section shall allow for the conducting or zoning of any
business or entity which would otherwise be illegal.
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