Ordinance 2008-316 - Laserfiche WebLink

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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