HomeMy WebLinkAboutO-91-14 ORDINANCE NO.: 0-91-14
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO ZONING;
PROVIDING FOR THE AMENDMENT OF THE LAND
DEVELOPMENT CODE TO REGULATE THE LOCATION OF
ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING
CONDITIONAL USE CRITERIA FOR ADULT
ENTERTAINMENT ESTABLISHMENTS; PROVIDING
DEFINITIONS; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVEI~tBILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that in order to reduce the
adverse impact of adult entertainment establishments upon the
City's neighborhoods; avoid the concentration of uses which cause
or intensifies physical or social blight; reduce negative impacts
of adult uses upon other business uses, neighborhood property
values, residential areas, and public and semi-public uses; and,
to avoid allowing adult uses in heavily used public pedestrian
areas, the Land Development Code of the City of Sebastian should
be amended to provide for the regulation of adult entertainment
establishments; and
WHEREAS, the City Council has submitted a written statement
expressing its intent to amend the Land Development Code to provide
for the regulation of adult entertainment establishments to the
Planning and Zoning Commission for review and action pursuant to
WHEREAS, on ~~% /~-d~L~ , 1991, the Planning and Zoning
Commission conducted a public hearing on the requested amendments
to the Land Development Code and has submitted to the City Council
a recommendation in favor of the proposed amendments; and
WHEREAS, this Ordinance regulates uses within less than five
percent (5%) of the total land area of the City of Sebastian; and
WHERE&S, the City Council has conducted a public hearing to
receive citizen input and has considered the criteria identified
in Section 20A-11.6C of the Land Development Code together with
recommended findings and recommendations of its staff and the
Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the proposed
amendments to the Land Development Code are consistent with the
Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Paragraph 2 of Section 20A-3.10C of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended in its entirety to provide as follows:
"Conditional Uses: Adult entertainment
establishments, bars and lounges, drive-
through facilities, farmers market, funeral
homes, hotels and motels, indoor theaters
(other than adult theaters) and other enclosed
commercial amusements, merchandising of second
hand goods (including flea market), nursing
homes (including rest homes or convalescent
homes), public and private utilities, public
parks and recreation areas, public protective
and emergency services, restaurants (drive-
in), vehicular service and maintenance,
veterinary medical services, wholesale trade
and services, and accessory uses."
8ectlon 2. Section 20A-6.1C of the Land Development Code of
the City of Sebastian, Florida, is hereby amended to add the
following subparagraph (1):
"(1) Adult Entertainment Establishments:
a. ADDlicable Zoning Districts: Adult
entertainment establishments shall be
permitted as a conditional use within the
following zoning districts: CG.
b. Conditional Use Criteria:
(1) No site shall be located closer
than one thousand (1,000) feet to any
residential district, church or other place of
worship, public or private school, or park.
(2) No site shall be located closer
than one thousand (1,000) feet to any other
adult entertainment establishment.
(3) No site shall be located closer
than two hundred (200) feet to any bar.
(4) Outside advertising shall be
limited to one identification sign, not to
exceed twenty (20) square feet.
Advertisements, displays or other promotional
materials shall not be shown or exhibited so
as to be visible to the public from a
pedestrian sidewalk or walkway or from other
areas public or semi-public; and such displays
shall be considered signs.
(5) Buildings shall not be painted
in garish colors or such other fashion as will
effectuate the same purpose as a sign(s). All
windows, doors and other apertures shall be
blacked or otherwise obstructed so as to
prevent viewing of the interior of the
establishment from without.
(6)
applicable
ordinances.
The use shall comply with all
state and local codes and
(7) Necessary measures shall be
taken to ensure that the operation of the
facility will not disturb adjacent property
owners and the facility shall comply with the
provisions of Paragraph 20A-7.4(G) (9) of the
Land Development Code."
Section 3. Section 20A-12.2 of the Land Development Code of
the city of Sebastian, Florida, is hereby amended to add the
following definitions:
"Adult Book Store means an establishment that
sells or rents adult material (as defined in
section 10-5(e) of the Code of Ordinances of
the City of Sebastian), unless the adult
material is accessible only by employees and
either the gross income from the sale and/or
rental of adult material comprises less than
ten percent (10%) of the gross income from the
sale and/or rental of goods and/or services at
the establishment, or the individual items of
adult material offered for sale and/or rental
comprises less than twenty-five percent (25%)
of the individual items publicly displayed at
the establishment as stock in trade in any of
the following categories: books, magazines,
periodicals, or other printed matter, or
photographs, films, motion pictures, video
cassettes, slides, or other visual
representations, or recordings or other audio
matter. It is an affirmative defense to an
alleged violation of this Code regarding
operation of an adult bookstore without an
adult entertainment license if the alleged
violator shows that the adult material is
accessible only by employees and either the
gross income from the sale and/or rental of
adult material comprises less than ten percent
(10%) of the gross income from the sale and/or
rental of goods and/or services at the esta-
blishment, or the individual items of adult
material offered for sale and/or rental
comprise less than twenty-five percent (25%)
of the individual items publicly displayed at
the establishment as stock in trade in any of
the following categories: books, magazines,
periodicals, or other printed matter, or
photographs, films, motion pictures, video
cassettes, slides, or other visual repre-
sentations, or recordings, or other audio
matter.
4
Adult Dancing Establishment means
establishment where any employee:
an
(1) displays or exposes any
specified anatomical areas (as defined in
section lO-5(t) of the Code of Ordinances of
the City of Sebastian)to a person other than
another employee, regardless of whether the
employees actually engages in dancing, or
(2) wears any covering, tape,
pastie or device which simulates or otherwise
gives the appearance of the display or
exposure of any specified anatomical area,
regardless of whether the employee actually
engages in dancing, and
(3) offers, solicits, or contracts
to dance with a person other than another
employee in consideration for any tip,
remuneration or compensation from or on behalf
of that person;
(4) dances with a person other than
another employee in consideration for any tip,
remuneration or compensation from or on behalf
of that person, or
(5) dances within three (3) feet of
a person other than another employee in
consideration for any tip, remuneration or
compensation from or on behalf of that person.
Adult Entertainment Establishment means an
adult theater, an adult bookstore, an adult
motel or an adult dancing establishment
operated for commercial or pecuniary gain.
("Operated for commercial or pecuniary gain"
shall not depend upon actual profit or loss.
Also, "operated for commercial or pecuniary
gain" shall be presumed where the
establishment has an occupational license.)
An establishment with an adult entertainment
license is presumed to be an adult
entertainment establishment.
Adult Motel means a motel, as defined herein,
used for viewing by persons of films, motion
pictures, video cassettes, slides, or other
photographic reproductions which have as their
primary or dominant theme matters depicting,
illustrating or relating to specified sexual
activities or specified anatomical areas (as
defined in sections 10-5(t) and (v) of the
Code of Ordinances of the City of Sebastian).
Adult Theater means an establishment which,
except as set forth in the final sentence of
this paragraph, consists of an enclosed
building, or a portion or part of an enclosed
building, or an open-air area used for viewing
by persons of films, motion pictures, video
cassettes, slides, or other photographic
reproductions which have as their primary or
dominant theme matters depicting, illustrating
or relating to specified sexual activities or
specified anatomical areas (as defined in
sections 10-5(t) and (v) of the Code of
Ordinances of the City of Sebastian). An
establishment which has "adult booths" (as
defined in section 10-5(b) of the Code of
Ordinances of the City of Sebastian) is
considered to be an "adult theater."
Park means a tract of land which is kept for
ornament and/or recreation and which is
maintained as public property."
Section 4. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section ~. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a part of the Land Development Code of the City
of Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and the word
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
Section 6. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
ordinance shall not be affected and it shall be presumed that the
city Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 7. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
~~..~J. ...... The motion was seconded by Councilman
as follows:
and, upon being put into a vote, the vote was
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor~hereupon declared this Ordinance duly passed
adopted this ~ day of~J/7~/~ ..... , 199~..
CiTY OF SEBASTIAN, FLORIDA
and
ATT~T:
ka~hrY~ M~.~ O" H~ll'o~an,
CMC/AAE, City Clerk
W.E. Conyer~ayor
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal and a
notice was provided to the affected land owners as required by
Section 166.041(3) (c) 1. of Florida Statutes, tha~ public hearing
was held on this Ordinance at 7:00 p.m. on the ~_u day of
~L~/~ , 1992, and that following the public hearing this
~rdinance6was passed by the City Council.
~athry~M~ O'Halloran,
CMC/AAE, City Clerk
Approv~//z as ~ ~Content
Charles Ian N~h,
City Attorney