Ordinance 2008-316 - Laserfiche WebLink

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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. 13