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Ord 30-98ORDINANCE NO. 30-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.3.3(AA), "ADULT ENTERTAINMENT ESTABLISHMENTS", BY AMENDING SECTION 4.3.3(AA)(1), TO PROVIDE THAT ADULT ENTERTAINMENT USES SHALL NOT BE ALLOWED ON PROPERTIES WITH FRONTAGE ON ARTERIAL ROADS OR LOCATED EAST OF THE CSX RAILROAD TRACKS, ELIMINATING THE DISTANCE REQUIREMENT BETWEEN ADULT ENTERTAINMENT ESTABLISHMENTS, DELETING REFERENCES TO SPECIAL CONDITIONS; BY AMENDING SUBSECTION 4.3.3(AA)(2), TO PROVIDE CLARIFICATION OF DISTANCE REQUIREMENT USES REGULARLY FREQUENTED BY THE GENERAL PUBLIC AND PROVIDING FOR AN EXCEPTION; BY AMENDING SECTION 4.3.3(AA)(3), TO PROVIDE MEASUREMENT CRITERIA FROM ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; BY ENACTING 4.3.3(AA)(5), TO EXCLUDE ADULT ENTERTAINMENT USES IN HISTORIC DISTRICTS, ON HISTORIC SITES AND PROPERTIES, AND PROVIDING FOR AN EXCEPTION; BY ENACTING SECTION 4.3.3(AA)(6), TO PROVIDE MINIMUM FLOOR AREA REQUIREMENTS; BY ENACTING 4.3.3(AA)(7), TO PROVIDE THAT PERFORMANCES AND ENTERTAINMENT MUST BE FROM A STAGE, SETTING FORTH MINIMUM STAGE SIZE REQUIREMENTS, AND SEPARATION REQUIREMENTS FOR NUDE OR PARTIALLY NUDE PERFORMERS/ENTERTAINERS OR EMPLOYEES FROM CUSTOMERS, PATRONS, PERFORMERS, ENTERTAINERS OR EMPLOYEES; BY AMENDING SECTION 4.4.9(D) "CONDITIONAL USES AND STRUCTURES ALLOWED", SUBSECTION 4.4.9(D)(1), DELETING ADULT ENTERTAINMENT USES AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT AND PROVIDING FOR RENUMBERING; BY AMENDING SECTION' 4.4.19(B), "PRINCIPAL USES AND STRUCTURES PERMITTED" BY ADDING SUBSECTION 4.4.19(B)(7), TO PROVIDE FOR ADULT ENTERTAINMENT USES AS A PERMITTED USE IN THE MIXED INDUSTRIAL COMMERCIAL (MIC) ZONING DISTRICT; BY AMENDING SECTION 4.4.19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"~ BY DELETING SECTION 4.4.19(D)(1), DELETING ADULT ENTERTAINMENT USES AS A CONDITIONAL USE IN THE MIXED INDUSTRIAL COMMERCIAL (MIC) ZONING DISTRICT AND PROVIDING FOR RENUMBERING; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray Beach, in the interest of the health, peace, safety, and general welfare of the people of the "City of Delray Beach," hereafter the "City"; and, WHEREAS, the intern of the City Commission of the City of Delray Beach in adopting this ordinance is to establish reasonable and uniform regulations for the adult entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are regulated by federal and state law, including chapter 847 of the Florida Statutes; and, WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of Delray Beach, Florida, has considered reports, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the community which include but are not limited to the following: U.S. 1132. City. of Remon v. Playtime Theaters. Inc,, 475 U.S. 411 (1956), reh. denied, 475 U.S. 873. Young v. American Mini-Theaters. Inc., 427 U.S. 50 (1975), reh. denied, 429 3. Barnes v. Glen Theater, 501 U.S. 560 (1991). 4. Report on Zoning and Other Methods of Regulating Adult Entertainment in ~, (Texas) dated September 12, 1977. 1979. Regulation of Criminal Activity_ and Adult Businesses. City of Phoenix, May, 26, 1977. Findings of the City Planning Commission for the City of New York dated January 2 ORD. NO. 30-98 7. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute of Planners, Annual Conference, October 10, 1977. 8. Report to the City Planning Commission and City Council from the Planning Department of the City of Beaumont, Texas. Dated September 14, 1982. 9. Legislative Report on an Ordinance Amending Section 28-73 of the Code of Ordinances of the Ci_ty of Houston. Texas: Providing for the Regulation of Sexually Oriented Commercial Enterprises. Adult Bookstores. Adult Movie Theaters and Massage Establishments: and Making Various Provisions and Findings Relating to the Subject. Report prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983. 10. Report on Adult Oriented Business in Austin. Report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19, 1986. 11. Adult Entertainment Business in Oklahoma City_. A Survey of Real Estate Appraisers. Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3, 1986. 12. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the Department of Metropolitan Development dated February, 1984. 13. Palm Beach County Sheriff's Office. report-dated April, 1998. 14. Director's Report: Proposed Land Use Code Text Amendment. Adult Cabarets. A report prepared by the Director of the Department of Construction and Land Use of the City of Seattle, Washington. Dated March 24, 1989; and, WHEREAS, the City Commission for the City of Delray Beach recognizes that as adult entertainment uses affect surrounding sites in a deleterious manner, particularly when several adult uses are concentrated and special regulation of these uses is necessary to insure that these effects will not contribute to the blighting or downgrading of the surrounding neighborhood; and, WHEREAS, the City also adopts the f'mdings made in the adoption of Ordinances 35-90 and 56-90; and, WHEREAS, the secondary effects of adult entertainment uses include, but are not limited to, increased criminal activities, moral degradation, depreciation of property value, and harm to the economic welfare of the community as a whole; and, 3 ORD. NO. 30-98 WHEREAS, locations having adult entertainment tend to attract other activities which are illegal or immoral or unhealthful, such as, but not limited to prostitution, solicitation for prostitution, lewd and lascivious behavior, sale or possession of controlled substances and violent crimes against persons or property; and, WHEREAS, the City Commission for the City of Delray Beach, Florida, has determined that this ordinance is necessary to prevent crime, protect the City's retail trade, maintain property values, and protect and preserve the quality of Delray Beach's neighborhoods, commercial districts, and the quality of urban life; and, WHEREAS, the local planning agency, pursuant to Florida Statutes Section 163.3174(c) and LDR Section 1.1.6 has reviewed the amendment and made recommendations and determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan; and, WHEREAS, certain historic districts and certain buildings have been placed on the National Register of Historic Places or are in and of themselves contributory buildings in the historic district and reflect the history and unique character of the City which will be adversely affected by the secondary effects of adult entertainment uses; and, WHEREAS, the preservation of historic districts and historic buildings serves a valid governmental objective, promotes the public welfare, provides economic stimulation through tourism, enhances architectural and educational enrichment, affords neighborhood protection, community building, promotes cultural stability, preserves a sense of history and enhances aesthetics; and, WHEREAS, the performers/entertainers and employees who are nude or partially nude pose a threat to the health of patrons, customers, other employees and entertainers and themselves that may lead to the spread of communicable and social disease; and, WHEREAS, the concerns raised in the foregoing legislative findings relate to substantial and legitimate governmental interests; and, WHEREAS, adult use establishments have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns; and, WHEREAS, certain sections of the Code regulating Adult Entertainment establishments need clarification and correction; and, WHEREAS, amendments to the Code governing Adult Entertainment are required to bring the Code in compliance with current law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: 4 ORD. NO. 30-98 ~. That Chapter 4, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(AA), "Adult Entertainment Establishments", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, is hereby amended to read as follows: (AA) Adult Entertainment Establishments: In addition to the requirements of the underlying zoning district, other applicable general regulations, Coun_ty licensing requirements, parking regulations ....~:n, ~..~.~:,:..~: ..... .t ,~. ..... ~. ,~.. .... .._...'~:':"~n'._. ........ ~. ~ ~ 113.20 of the Code of Ordinances of the Ci_ty of Delrav Beach. the following requirements shall apply to adult entertainment establishments: (1) No adult entertainment establishment shall be located on properties with frontaee on an arterial road or located east of the CSX railroad track. (2) No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any house of worship, school, residential zoning district, or community facilities zo. aiag_ district (CF, OS, OSR, CD) r,c~e,! where the use is or is to be re_gularly frequented by the general public (i.e. community_ center, parks, courthouse, chil~ care facilities. offices, etc.) measured from lot line to lot line boundary along a straight airline route, except when the property, containing the adult entertainment establishment is separated from the above by the 1-95 right-of-way. (3) No adult entertainment establishment shall be located within seven hundred fifty (750) feet of an existing alcoholic beverage establishment, measured from lot line to lot line boundary_ along a straight airline route, (4) Signage. Only one sign per adult entertainment establishment is permitted, and such sign shall not extend above twelve (12) feet above ground level or have an area of greater than thirty-six (36) square feet. No neon material shall be permitted on the sign. All other restrictions of the sign code shall apply herewith. (5) No adult entertainment establishment shall be located within an historic district, on an historic site. or on pro_nerties listed on the Local or National Register of Historic Places. unless the historic district, site or pro_nerty was nreviously used for an adult entertainment 5 ORD. NO. 30-98 (6) The minimum floor area _Der room or partitioned area within an adult entertainment establishment must be 2.000 so_. fi.. exclusive of kitchen, restrooms, storage areas. and other non-public/customer area of the establishment, (7) Performers/entertainers or employees in the state of nudi _ty or partial nudity shall not approach within four feet of patrons, customers, or other employees or other ~rformers/entertainers. and must perform/entertain from a stage encompassing an area of at least one hundred (100~ square feet. ~. That Chapter 4 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Section 4.4.9(D)(1), "Conditional Uses and Structures Allowed" is hereby amended by deleting subsection 4.4.9(D)(1) and renumbering the remaining list of conditional uses, to read as follows: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses in the GC District, except as modified in the West Atlantic Avenue Overly District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). /1\ Section 3. That Chapter 4 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Section 4.4.19, "Mixed Industrial Commercial (MIC) District", Section 4.4.19(B) is hereby amended by adding subsection 4.4.19(B)(7) to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed in the MIC district as a permitted use: (7) Adult Entertainment Establishments (subject to Section 4.3.3(AA) ~. That Chapter 4, Section 4.4.19(D) of the Land Development Regulations is hereby amended by deleting 4.4.19(D)(1)(a) to read as follows and renumbering/relettering the remaining conditional uses: (D) Conditional Uses and Structures Allowed: (1) The following uses are allowed as conditional uses within the MIC Zone District: 6 ORD. NO. 30-98 ~. That should any section or provision of this ordinance or any portion thereof, any paragraph, semence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ~. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~. That this ordinance shall become effective immediately upon its passage on second and fmal reading. 8th day of ATTEST: City Clerk PASSED AND ADOPTED in regular session on second and final reading on this the September , 1998. - First Reading August 18, 1998 Second Reading September 8, 1998 adult2.ord ORD. NO. 30-98 Boca Raton News, Friday, August 28, 1998 A PUBLIC HEARING wig be beid on amnbe~, 100 #.W. ~ Avwm, ray leacg, FJm'idl, i~ which time Ieee CRy Comml~ will c~slder Clerk it Cffy Nell, lg0 N.W. l~t Ave- gte ho~ d S:# e.m. to S:IO p.m., to ~lterd ira be telrd wtlh rewect to AN ORDINANCE OF THE CITY MISSION OF THE CITY OF DELEAY BEACH, FLORIDA, MAi:NKK CHAPTER 4, ~ZORING REGULA- TIONSe, OF THE LAND I~'YELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELEAY REACH BY MSENDING SECTION 4J.S(AA), 'ADULT E#TERTAIt~E#T ESTAR- LI~gAENT$s, BY AJ~EROING SEC- TION 4.33(AA)(I), TO PROVIDE THAT ADULT ENTERTAINMENT USES SHALL NOT BE ALLOWED OR PROPERTIES WITH PROflTAGE OR ARTERIAL ROADS OR LOCATED EAST OF T~E CSX RAILROAD TRACKS, ELIMINATINO THE DIS- TANCE RE~UIREA~NT BETWEEN ADULT ERTERTAINMENT ESTAB- LISHA~NTS, I~LETING REFER- ENCES TO SPECIAL CONDITIORS; BY ~AENDINO SUBSECTION 4.3.3(AA)(2), TO PI~OVIDE CLARIFI- ~ CATION OF DISTANCE RE~JIRE- ALERT USES REGULARLY PRE. ~UENTED BY THE GENERAL PUB- LIC AND PROVIDING FOR AN EX- CEPTION; BY AMENDtNO SECTIOR iL~AA)(3), TO PROVIDE MEA- SURF. JAENT CRITERIA FRO~ ES. TABLISI~AENTS SERVING AL£O- HOLIC BEVERAGES; BY ENACTING 4.SJ(AA)(S), TO EXCLUDE ADULT E#TEPTAIIUSENT USES IN HIS- TORIC DISTRICTS, OH HISTORIC SITES AND PROPERTIES, AND PROVIDING FOR AR EXCEPTION; ENACTING SECTION 43J(AA)(~}, TO PROVIDE MINI- ~ FLOOR AREA REQUIRE- MENTS; BY ENACTING TO PROVIDE THAT PERFOPJAANC- ES AND E#TERTAIN~ERT MUST . BE FROM A STAGE, SETTING iFONTH MINIMUM STAGE SIZE RE. ~IHEMENTS, AND SEPANATtO# REgUlREA~#TS FOR NUDE DE PARTIALLY NUDE PERFORMERS ENTERTAINERS DE EMPLOYEES FI~ CUSTOMERS, PATROffS, I~RFORMERS, ENTERTAINERS OR FJAPLOYEES; BY MAENDING igC[IDE d.4.t(D) 'CONDITIONAL AND STRUCTURES LOWED', SUBSECTION ~Lt(D)(1), DELETING ADULT ENTERTAIN- MENT USES AS A CONDITIONAL USE IN THE GENERAL COt#SER. CIAL (6¢) Z~ONI#G DISTRICT AND PROVIDING FOR RENOMBERING; BY AMENDING SECTION q~I/K~PAL USES AND STRUC.. !TURES PERMITTED' BY ADOINO I SUBSECTIOR LL*I~B)(7), TO PRO. I VIDE FOR ADULT ENTERTAIN- MI[NY USES AS A I~RMITTED USE I~ THE MIXED INDUSTRIAL CCYA- MERC N. (M O ZONING DISTR BY AMENDING SECTIO# ~CI~DITIONAL USES AND STRUC- I T1JNGS AU.OW~IY', BY DELETING ~ SECTKHI U.~(D)(I), DELETING ~ ADULT ENTERTAINMENT USES ~ A COflDITIOflAL USE IN THE ~MIXED INDUSTRIAL COMMERCIAL ' (MIC) ZO#1NG DISTRICT AND ~ VIDING FOR REMUMBERING; PRO- AND AN EFFECTIVE DATE. CITY OF DELRAY BEACH CITY OF DELRAY BEACH NOTICE OF CONDITIONAL USE CHANGE WITHIN THE GENERAL COMMERCIAL (GC) DISTRICT AND THE MIXED INDUSTRIAL AND (MIC) DISTRICT, AND *PERM!TTED USE CHANGE IN THE MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 30-98 AN ORDINANCE OFTHE CITY COMMISSION OFTHE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.3.3(AA), 'ADULT ENTERTAINMENT ESTABLISHMENTS", BY AMENDING SECTION 4.3.3(AA)(1), TO PROVIDE THAT ADULT ENTERTAINMENT USES SHALL NOT BE ALLOWED ON PROPERTIES WITH FRONTAGE ON ARTERIAL ROADS OR LOCATED EAST OF THE CSX RAILROAD TRACKS, ELIMINATING THE DISTANCE REQUIREMENT BETWEEN ADULT ENTERTAINMENT ESTABLISHMENTS, DELETING REFERENCES TO SPECIAL CONDITIONS; BY AMENDING SUBSECTION 4.3.3(AA)(2), TO PROVIDE CLARIFICATION OF DISTANCE REQUIREMENT USES REGULARLY FREQUENTED BY THE GENERAL PUBLIC AND PROVIDING FOR AN EXCEPTION ; BY AMENDING SECTION 4.3.3(AA)(3), TO PROVIDE MEASUREMENT CR.Fr'ERIA FROM ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; BY 'ENACTING 4.3.3(AA)(5), TO EXCLUDE ADULT ENTERTAINMENT USES IN HISTORIC DISTRICTS, ON HISTORIC SITES AND PROPERTIES, AND PROVIDING FOR AN EXCEPTION; BY ENACTING SECTION 4.3.3(AA)(6), TO PROVIDE MINIMUM FLOOR AREA REQUIREMENTS; BY ENACTING 4.3.3(AA)(7), TO PROVIDE THAT PERFORMANCES AND ENTERTAINMENT MUST BE FROM A STAGE, SETTING FORTH. MINIMUM STAGE SIZE REQUIREMENTS, AND SEPARATION REQUIREMENTS FOR NUDE OR PARTIALLY NUDE PERFORMERS/ENTERTAINERS OR EMPLOYEES FROM CUSTOMERS, PATRONS, PERFORMERS, ENTERTAINERS OR EMPLOYEES; BY AMENDING SECTION 4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", SUBSECTION 4.4.9(D)(1). DELETING ADULT ENTERTAINMENT USES AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT AND PROVIDING FOR RENUMBERING; BY AMENDING SECTION 4.4.19(B), "PRINCIPAL USES AND STRUCTURES PERMITTED" BY ADDING SUBSECTION 4.4.19(B)(7), TO PROVIDE FOR ADULT ENTERTAINMENT USES AS A PERMITTED USE IN THE MIXED INDUSTRIAL ,~OMMERCIAL (MIC) ZONING DISTRICT; BY AMENDING SECTION 4.4.19(D), CONDITIONAL USES AND STRUCTURES ALLOWED", 'BY DELETING SECTION 4.:4.19(D)(1), DELETING ADULT ENTERTAINMENT USES AS A CONDITIONAL USE'IN THE MIXED INDUSTRIAL COMMERCIAL (MIC) ZONING DISTRICT AND PROVIDING FOR RENUMBERING; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City ~Cornmission will COnduct*two (2)Public Hearings for tile purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on ~UES. D.__A.Y, A. UG_U~ST 18, !998, AT 7:00 PM (or at any continuation of such.meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed ,on first reading, a second Public Hearing will be held on TUESDAY, SEPTEMBER 8,1998, AT.6:00 P_.h~.__~or al ~ corffinLmt~ of ~uch tTleeting which is All interested citizens are invited to attend the pub~ hearings and.domrnent upon the.-pr~ ordk~ or.submit their contingents ir! Writing on or before the date of the~e hea~ngs to, the Pl~lning and Zoning DeParlT~ent. For furthe~ Information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. ~lst Avenue, Det.ray Beach, Florida 33444 (P _hone 561/243-7040), between a~e hours *et 8.'00 a.m:~d 5.'00 p.m., Mor~lay through PLEASE BE ADVISED THAT 1F A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH T~E ~"d~PEAL tS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANTTO ES. 286.0105. . . : . ~ CITY OF DELRAY BEACH .~- '. · · . .~ Alison MacGregor Harty ...r.~ , · ~ ::~ .... ~?' ~.~.,'. :. ~? '. .City Clerk PUBLISH: Boca Raton NeWs August 7,1998 September 1, 1.998 From The Staff To: Jeff Cesta:lo Da:e: 8i17/98 Time: ~ ~ :4~c.5g ~ Page 1 o' 1 DELRAY BEACH Chamber of Commerce TO: From: Re: Date: Delray Beach City Commissioners, City Manager, P & Z Board Members & Staff Bill Wood, President ,~reater Delray Beach Chamber of Commerce Statement on Adult Entertainment in Delray Beach August 17, 1998 The Greater Delray Beach Chamber of Commerce is, and will always be, this community's strongest proponent of the free enterprise system. However, our primary objective as a business organization is to do whatever is necessary to ensure the economic health and vitality of Delray Beach. Free enterprise and economic health w!ll normally go hand in hand. There Are exceptions end proposed zoning to aJlow adult entertainment in Delray Beach is just such an exception. Economic development is not just printing a nice brochures, advertising what a great place Delray Beach is to live or work, providing professional location assistance and other information, Economic Development is also about the community as a desirable place to be; it's about image and attitude, people's feelings and perceptions of the community. One of the reasons that the All Amedca City designation has been so important is that it underscored Delray as a community that works together to make the community better for all its dtizens. Adult businesses, the elements and difficulties that they bring with them, do not enhance image and attitude about our city. In fact, they harm and detract from a dty's image. We encourage the City Commission to do everything within its legal limits to prohibit adult businesses from locating in Delray Beach. If the Supreme Court has determined that we must provide Ioc~tions within the city limits for adult entertainment, then we encourage you to create a single distdct in as remote a location as possible, one that can be closely monitored to help ensure the safety &Rd peace of mind of our citizenry. 64 SE 5th Avenue Delray Beach, FL 2.3.483 561/279-1380. ext 13 kaguir[e~delmybeach.com RECEIVED AUG 1 7 1998 PLANNING & ZONING/ ' MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager Alison MacGregor Harry, City Clerk Schedule for Consideration of Adult Entertainment DATE: Ordinances August 6, 1998 For your information, following is the schedule for consideration of the adult entertainment ordinances as requested by the Mayor. 1st Reading/lst Public Hearing will be held on August 18, 1998, at 7:00 p.m. 2nd Reading/2nd Public Hearing will be held on September 8, 1998, at 6:00 p.m. We'll hold the public hearing in the Commission Chambers and then move to the conference room for the workshop. If you have any questions, please let me know. aM /m cc: Robert A. Barcinski, Acting City Manager Susan A. Ruby, City Attorney Paul Dorling, Acting Planning Director CITY OF DELRAY BEACH · NOTICE 01: CONDITIONAL USE CHANGE · WITHIN THE GENERAL COMMERCIAL (GC) DISTRICT AND THE MIXED INDUSTRIAL AND I OMMERCIAL (MIC) DISTRICT, AND PERMITTEI:] USE CHANGE IN THE MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: . ORDINANCE NO. 30-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.3.3(AA), "ADULT ENTERTAINMENT ESTABLISHMENTS", BY AMENDING SECTION 4.3.3(AA)(1), TO PROVIDE THAT ADULT ENTERTAINMENT USES SHALL NOT BE ALLOWED ON PROPERTIES WITH FRONTAGE ON ARTERIAL ROADS OR LOCATED EAST OF THE CSX RAILROAD TRACKS, ELIMINATING THE DISTANCE REQUIREMENT BETWEEN ADULT ENTERTAINMENT ESTABLISHMENTS, DELETING REFERENCES TO SPECIAL CONDITIONS; BY AMENDING SUBSECTION 4.3.3(AA)(2), TO PROVIDE CLARIFICATION OF DISTANCE REQUIREMENT USES REGULARLY FREQUENTED BY THE GENERAL PUBLIC AND PROVIDING FOR AN EXCEPTION ; BY AMENDING SECTION 4.3.3(AA)(3), TO PROVIDE MEASUREMENT CRITERIA FROM ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; BY ENACTING 4.3.3(AA)(5), TO EXCLUDE ADULT ENTERTAINMENT USES IN HISTORIC DISTRICTS, ON HISTORIC SITES AND PROPERTIES, AND PROVIDING FOR AN EXCEPTION; BY ENACTING SECTION 4.3.3(AA)(6), TO PROVIDE MINIMUM FLOOR AREA REQUIREMENTS; 'BY ENACTING 4.3.3(AA)(7), TO PROVIDE THAT PERFORMANCES AND ENTERTAINMENT MUST BE FROM A STAGE, SETTING FORTH MINIMUM STAGE SIZE REQUIREMENTS, AND SEPARATION REQUIREMENTS FOR NUDE OR PARTIALLY NUDE PERFORMERS/ENTERTAINERS OR EMPLOYEES FROM CUSTOMERS, PATRONS, PERFORMERS, ENTERTAINERS OR EMPLOYEES; BY AMENDING SECTION 4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", SUBSECTION 4.4.9(D)(1). DELETING ADULT ENTERTAINMENT USES AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT AND PROVIDING FOR RENUMSERING; BY AMENDING SECTION 4.4.19(B), "PRINCIPAL USES AND STRUCTURES PERMITI'ED" BY ADDING SUBSECTION 4.4.19(B)(7), TO PROVIDE FOR ADULT ENTERTAINMENT USES AS A PERMITI'ED USE IN. THE MIXED INDUSTRIAL ~OMMERCIAL (MIC) ZONING DISTRICT; BY AMENDIN,,G SECTION 4.4.19(D), CONDITIONAL USES AND STRUCTURES ALLOWED', BY DELETING SECTION 4.4.19(D)(1), DELETING ADULT ENTERTAINMENT USES AS A CONDITIONAL USE IN THE MIXED INDUSTRIAL COMMERCIAL (MIC) ZONING DISTRICT AND PROVIDING FOR RENUMBERING; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Headngs for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY, AUGUST 18~_~1998_L_AT 7:00_pM (or at any continuation 'of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY, SEPTEMBER 8~1998, AT 6:00 P.M.~or at any continuation of such meeting which is .~ 5y~-Co~mi~on')~ . All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through · Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL~ ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAI-I'ER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY 'NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE crrY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO ES. 286.0105. ......... - ' CITY OF DELRAY BEACH ~ Alison MacGregor Harty . .' City Clerk PUBLISH: Boca Raton News August 7, 1998 . September 1, 1998 iii i i Sue .... Following are the changes which need to be made to the adult entertainment ordinances. The headline of the ad for Ord. No. 30-98 should read as follows: NOTICE OF CONDITIONAL USE CHANGE WITHIN THE GENERAL COMMERCIAL (GC) DISTRICT AND THE MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT, AND PERMITTED USE CHANGE IN THE MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT The headline of the ad for Ord. No. 31-98 should read as follows: NOTICE OF CONDITIONAL USE CHANGE WITHIN THE GENERAL COMMERCIAL (GC) DISTRICT Also, the Mayor wants us to hold a special public hearing on September 8th instead of waiting until 9/15. So the second Public Hearing will be held on Tuesday, SEPTEMBER 8, 1998, AT 6:00 P.M. So the publication date for the second ad run needs to be changed to September 1, 1998 Please contact the newspaper to make these changes. Thanks. ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.3.3(AA), "ADULT ENTERTAINMENT ESTABLISHMENTS", BY AMENDING SECTION 4.3.3(AA)(1), TO PROVIDE THAT ADULT ENTERTAINMENT USES SHALL NOT BE ALLOWED ON PROPERTIES WITH FRONTAGE ON ARTERIAL ROADS OR LOCATED EAST OF THE CSX RAILROAD TRACKS, ELIMINATING THE DISTANCE REQUIREMENT BETWEEN ADULT ENTERTAINMENT ESTABLISHMENTS, DELETING REFERENCES TO SPECIAL CONDITIONS; BY AMENDING SUBSECTION 4.3.3(AA)(2), TO PROVIDE CLARIFICATION OF DISTANCE REQUIREMENT USES REGULARLY FREQUENTED BY THE GENERAL PUBLIC AND PROVIDING FOR AN EXCEPTION; BY AMENDING SECTION 4.3.3(AA)(3), TO PROVIDE MEASUREMENT CRITERIA FROM ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; BY ENACTING 4.3.3(AA)(5), TO EXCLUDE ADULT ENTERTAINMENT USES IN HISTORIC DISTRICTS, ON HISTORIC SITES AND PROPERTIES, AND PROVIDING FOR AN EXCEPTION; BY ENACTING SECTION 4.3.3(AA)(6), TO PROVIDE MINIMUM FLOOR AREA REQUIREMENTS; BY ENACTING 4.3.3(AA)(7), TO PROVIDE THAT PERFORMANCES AND ENTERTAINMENT MUST BE FROM A STAGE, SETTING FORTH MINIMUM STAGE SIZE REQUIREMENTS, AND SEPARATION REQUIREMENTS FOR NUDE OR PARTIALLY NUDE PERFORMERS/ENTERTAINERS OR EMPLOYEES FROM CUSTOMERS, PATRONS, PERFORMERS, ENTERTAINERS OR EMPLOYEES; BY AMENDING SECTION 4.4.9(D) "CONDITIONAL USES AND STRUCTURES ALLOWED", SUB---'gSECTYON 4.4.9(D)(1), DELETING ADULT ENTERTAINMENT USES AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL (GC) Z.____.~ONING DISTRICT AND PROVIDING FOR RENUMBERING; BY AMENDING SECTION 4.4.19(B), "PRINCIPAL USES AND STRUCTURES PERMITTED" BY ADDING SUBSECTION 4.4.19(B)(7), TO PROVIDE FOR ADULT ENTERTAINMENT USES AS A PERMITTED USE IN THE MIXED INDUSTRIAL COMMERCIAL (MIC) ZONING DISTRICT; BY AMENDING SECTION 4.4.19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY DELETING SECTION 4.4.19(D)(1), DELETING ADULT ENTERTAINMENT USES AS A CONDITIONAL USE IN THE MIXED INDUSTRIAL COMMERCIAL (MIC) ZONING DISTRICT AND PROVIDING FOR RENUMBERING; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray Beach, in the interest of the health, peace, safety, and general welfare of the people of the "City of Delray Beach," hereafter the "City"; and, WHEREAS, the intent of the City Commission of the City of Delray Beach in adopting this ordinance is to establish reasonable and uniform regulations for the adult entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are regulated by federal and state law, including chapter 847 of the Florida Statutes; and, WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of Delray Beach, Florida, has considered reports, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the community which include but are not limited to the following: U.S. 1132. City of Renton v. Playtime Theaters. Inc., 475 U.S. 411 (1956), reh. denied, 475 U.S. 873. Young v, American Mini-Theaters. Inc., 427 U.S. 50 (1975), reh. denied, 429 3. Barnes v. Glen Theater, 501 U.S. 560 (1991). 4. Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo, (Texas) dated September 12, 1977. Regulation of Criminal Activity and Adult Businesse,s. City of Phoenix, May, 1979. 26, 1977. Findings of the City Planning Commission for the City of New York dated January 7. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute of Planners, Annual Conference, October 10, 1977. 8. Report to the City Planning Commission and City Council from the Planning Department of the City of Beaumont, Texas. Dated September 14, 1982. 9. Legislative Report on an Ordinance Amending Section 28-73 of the Code of Ordinances of the City of Houston. Texas: Providing for the Regulation of Sexually Oriented Commercial Ente~rises. Adult Bookstores. Adult Movie Theaters and Massage Establishments: and Making Various Provisions and Findings Relating to the Subject. Report prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983. 10. Report on Adult Oriented Business in Austin. Report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19, 1986. 11. Adult Entertainment Business in Oklahoma City. A Survey of Real Estate Appraisers. Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3, 1986. 12. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the Department of Metropolitan Development dated February, 1984. 13. Palm Beach County Sheriff's Office report dated April, 1998. 14. Director's Report: Proposed Land Use Code Text Amendment. Adult Cabarets. A report prepared by the Director of the Department of Construction and Land Use of the City of Seattle, Washington. Dated March 24, 1989; and, WHEREAS, the City Commission for the City of Delray Beach recognizes that as adult entertainment uses affect surrounding sites in a deleterious manner, particularly when several adult uses are concentrated and special regulation of these uses is necessary to insure that these effects will not contribute to the blighting or downgrading of the surrounding neighborhood; and, WHEREAS, the City also adopts the findings made in the adoption of Ordinances 35-90 and 56-90; and, WHEREAS, the secondary effects of adult entertainment uses include, but are not limited to, increased criminal activities, moral degradation, depreciation of property value, and harm to the economic welfare of the community as a whole; and, WHEREAS, locations having adult entertainment tend to attract other activities which are illegal or immoral or unhealthful, such as, but not limited to prostitution, solicitation for prostitution, lewd and lascivious behavior, sale or possession of controlled substances and violent crimes against persons or property; and, WHEREAS, the City Commission for the City of Delray Beach, Florida, has determined that this ordinance is necessary to prevent crime, protect the City's retail trade, maintain property values, and protect and preserve the quality of Delray Beach's neighborhoods, commercial districts, and the quality of urban life; and, WHEREAS, the local planning agency, pursuant to Florida Statutes Section 163.3174(c) and LDR Section 1.1.6 has reviewed the amendment and made recommendations and determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan; and, WHEREAS, certain historic districts and certain buildings have been placed on the National Register of Historic Places or are in and of themselves contributory buildings in the historic district and reflect the history and unique character of the City which will be adversely affected by the secondary effects of adult entertainment uses; and, WHEREAS, the preservation of historic districts and historic buildings serves a valid governmental objective, promotes the public welfare, provides economic stimulation through tourism, enhances architectural and educational enrichment, affords neighborhood protection, community building, promotes cultural stability, preserves a sense of history and enhances aesthetics; and, WHEREAS, the performers/entertainers and employees who are nude or partially nude pose a threat to the health of patrons, customers, other employees and entertainers and themselves that may lead to the spread of communicable and social disease; and, WHEREAS, the concerns raised in the foregoing legislative findings relate to substantial and legitimate governmental interests; and, WHEREAS, adult use establishments have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns; and, WHEREAS, certain sections of the Code regulating Adult Entertainment establishments need clarification and correction; and, WHEREAS, amendments to the Code governing Adult Entertainment are required to bring the Code in compliance with current law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(AA), "Adult Entertainment Establishments", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, is hereby amended to read as follows: (AA) Adult Entertainment Establishments: In addition to the requirements of the underlying zoning district, other applicable general regulations, County licensing requirements, gui .... ;~ ~.;,.,~.~ ~ ..... ~ *~' ..... ~' '~' .... '~;*:~"'" .... process, and Section parking re ations, or .................... v .......... ~ ..................... 113.20 of the Code of Ordinances of the City of Delray Beach. the following requirements shall apply to adult entertaiment establis~ents: (1) No adult entertainment establishment shall be located on properties with frontage on an arterial road or located east of the CSX railroad track. (2) No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any house of worship, school, residential zoning district, or community facilities zoning district (CF, OS, OSR, CD) schoo! where the use is or is to be regularly frequented by the general public (i.e. community center, parks, courthouse, child care facilities. offices, etc.) measured from lot line to lot line boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above by the 1-95 right-of-way. (3) No adult entertainment establishment shall be located within seven hundred fifty (750) feet of an existing alcoholic beverage establishment, measured from lot line to lot line boundary along a straight airline route. (4) Signage. Only one sign per adult entertainment establishment is permitted, and such sign shall not extend above twelve (12) feet above ground level or have an area of greater than thirty-six (36) square feet. No neon material shall be permitted on the sign. All other restrictions of the sign code shall apply herewith. (5) No adult entertainment establishment shall be located within an historic district, on an historic site. or on properties listed on the Local or National Register of Historic Places. unless the historic district, site or property was previously used for an adult entertainment type use. (6) The minimum floor area per room or partitioned area within an adult entertainment establishment must be 2.000 sq. ft.. exclusive of kitchen, restrooms, storage areas. and other non-public/customer area of the establishment. (7) Performers/entertainers or employees in the state of nudity or partial nudity shall not approach within four feet of patrons, customers, or other employees or other performers/entertainers, and must perform/entertain from a stage encompassing an area of at least one hundred (100) square feet. Section 2. That Chapter 4 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Section 4.4.9(D)(1), "Conditional Uses and Structures Allowed" is hereby amended by deleting subsection 4.4.9(D)(1) and renumbering the remaining list of conditional uses, to read as follows: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses in the GC District, except as modified in the West Atlantic Avenue Overly District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). Section 3. That Chapter 4 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Section 4.4.19, "Mixed Industrial Commercial (MIC) District", Section 4.4.19(B) is hereby amended by adding subsection 4.4.19(B)(7) to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed in the MIC district as a permitted use: (7) Adult Entertainment Establishments (subject to Section 4,3.3(AA) Section 4. That Chapter 4, Section 4.4.19(D) of the Land Development Regulations is hereby amended by deleting 4.4.19(D)(1)(a) to read as follows and renumbering/relettering the remaining conditional uses: (D) Conditional Uses and Structures Allowed: (1) The following uses are allowed as conditional uses within the MIC Zone District: Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. are hereby repealed. Section 5. second and final reading. __ day of That all ordinances or parts of ordinances in conflict herewith be, and the same That this ordinance shall become effective immediately upon its passage on PASSED AND ADOPTED in regular session on second and final reading on this the ,1998. MAYOR ATTEST: City Clerk First Reading Second Reading adult2.ord MEMORANDUM TO: FROM: SUBJECT: DATE: Susan Ruby, City Attorney Alison Harty, City Cler~ Adult Entertainment June 24, 1998 As requested, attached is the information I have on file regarding adult entertainment establishments. I've included the current provisions in the LDRs (Section 4.3.3(AA) and Definitions). In checking the zoning districts, it looks to me that adult entertainment establishments are allowed as conditional uses in the General Commercial, Planned Commercial, and Mixed Industrial and Commercial zoning districts. As far as the Code of Ordinances, I'm including a copy of Section 113.20 (Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments). Also attached is the information from 1995 which we talked about yesterday. If you need anything else, please let me know. AMH/m Attachments CITY I)F I)ELAAY BEA£H CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 Ali. America City 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM March 10, 1995 David T. Harden, City Manager David N. Tolces, Assistant City Attorn~ Adult Entertainment Ordinance Revisions Accompanying this memorandum is a copy of the proposed ordinance which amends the code provisions regarding the location and existence of adult entertainment establishments within the City. The documentation accompanying the ordinance is back- up material which will support the enactment of the ordinance. As this ordinance affects more than 5% of the land in the City, two advertised public hearings must be held at least two weeks apart. The advertisement must be in the form specified in Section 166.041(3)(c)2, Fla. StaT,. Please let me know what time frame you would like to follow regarding the adoption of this ordinance. I will ask the Planning and Zoning Department and City Clerk's Office to coordinate the adoption process. DNT:smk Attachment cc: Diane Dominguez, Planning and Zoning Director adult-3.dnt Printed on Recycled Paper ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 4.3.3(AA), "ADULT ENTERTAINMENT ESTABLISHMENTS", 1N ITS ENTIRETY, AND ENACTING A NEW SECTION 4.3.3(AA), "ADULT ENTERTAINMENT ESTABLISHMENTS" TO PROVIDE FOR THE REGULATION OF ADULT ENTERTAINMENT ESTABLISHMENTS, INCLUDING ADULT BOOKSTORES AND VIDEO STORES; AMENDING APPENDIX "A", "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY REPEALING THE DEFINITIONS FOR "ADULT MATERIAL" AND "ADULT ARCADE", AND ENACTING NEW DEFINITIONS FOR THE TERMS, "ADULT MATERIAL", "ADULT THEATER", "ADULT BOOKSTORE/VIDEOSTORE", "SPECIFIED ANATOMICAL AREAS", AND "SPECIFIED SEXUAL ACTIVITIES"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray Beach, in the interest of the health, peace, safety, and general welfare of the people of the "City of Delray Beach," hereafter the "City". WHEREAS, the intent of the City Commission of the City in adopting this ordinance is to establish reasonable and uniform regulations for the adult entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are regulated by federal and state law, including chapter 847 of the Florida Statutes. WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of Delray Beach, Florida, has considered the following reports, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the community: 1. City of Renton v. Playtime Theatres. Inc. Appeal from the U.S. Court of Appeals for the Ninth Circuit, February 25, 1986; 2. Northend Cinema Inc. v. Seattle, 90 Wash. 2d 709, 585 P.2d 1153 (1978). 3. Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo, (Texas) dated September 12, 1977. 4. Regulation of Criminal Activity and Adult Businesses. City of Phoenix, May, 1979. 26,1977. Findings of the City Planning Commission for the City of New York dated January 6. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute of Planners, Annual Conference, October 10, 1977. 7. Report to the City Planning Commission and City Council from the Planning Department of the City of Beaumont, Texas. Dated September 14, 1982. 8. Legislative Report on an Ordinance Amending Section 28-73 of the Code of Ordinances of the City_ of Houston, Texas; Providing for the Regulation of Sexually Oriented Commercial Enterp_ rises. Adult Bookstores. Adult Movie Theaters and Massoge Est0,blishmertts: and Making Various Provisions and Findings Relating to the Subject, Report prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983. 9. Report on Adult Oriented Business in Austin. Report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19, 1986. 10. Adult Entertainment Business in Oklahoma City.. A Survey of Real Estate Appraisers. Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3, 1986. 11. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the Department of Metropolitan Development dated February, 1984. 12. Director's Report: Proposed Land Use Code Text Amendment, Adult Cabarets. A report prepared by the Director of the Department of Construction and Land Use of the City of Seattle, Washington. Dated March 24, 1989. WHEREAS, the City Commission for the City of Delray Beach recognizes that as adult uses as defined herein; affect surrounding sites in a deleterious manner, particularly when several adult uses are concentrated, special regulation of these uses is necessary to insure that these effects will not contribute to the blighting or downgrading of the surrounding neighborhood; and 2 ORD NO. WHEREAS, the City Commission for the City of Delray Beach, Florida, has determined that adult uses should be dispersed rather than concentrated and finds that a minimum distance of 1,000 feet between adult uses serves an important function in preventing the concentration of adult uses; and WHEREAS, the City Commission for the City of Delray Beach, Florida, has determined that this Ordinance is necessary to prevent crime, protect the City's retail trade, maintain property values, and protect and preserve the quality of Delray Beach's neighborhoods, commercial districts, and the quality of urban life; and WHEREAS, the City Commission has received a recommendation from the local planning agency, pursuant to Chapter 163, Florida Statutes; and WHEREAS, the concerns raised in the foregoing legislative findings relate to substantial and legitimate governmental interests; and WHEREAS, Adult Use Establishments have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns; and WHEREAS, because the weight of evidence shows that while adult bookstores which only sell or rent adult material and have no adult booth/theater component have similar secondary effects as other adult uses, such bookstores should meet the locational requirements of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(AA), "Adult Entertainment Establishments", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, is hereby repealed in its entirety and a new section 4.3.3(AA), "Adult Entertainment Establishments" is enacted to read as follows: (AA) Adult Entertainment Establishments: In addition to the requirements of the underlying zoning district, other applicable general regulations. County licensing requirements, parking regulations and special conditions imposed through the conditional use process, the following requirements shall at>ply to adult entertainment ¢$tablishmenB. (1) No person shall propose, cause or permit the operation of. or enlargement of. an adult entertainment establishment which, while in operation or after enlargement, would or will be located within one thousand (1.000) feet of a preexisting adult entertainment ¢~tablishment. within 750 feet of a preexisting commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption, within one thousand (1.000) feet of a preexisting religious institution, a preexisting educational institution, an area zoned within the City_ for resi~lerttial use. an area 3 ORD NO. designated as residential on the future land use map of the City's comprehensive plan. of the property_ line of a preexisting residence, or of a preexisting park. In this subsection the term "enlargement" includes, but is not limited to, increasing the floor size of the establishment by more than ten percent (10%). (2) In addition to the distance requirements set forth ill subsection (1), on adult entertainment establishment shall not be allowed to open an.vwhere except in a Mixed Industrial and Commercial ("MIC") zoned district where adult entertainment establishments are a conditional use. (3) The distance requirements of subsection (1) are independent of an(1 do not supersede the distance requirements for alcoholic beverage establishments which may be contairlegl in other laws, rules, ordinances or regulations. (4) Measurement of distance. The distance from a proposed or existing adult entertainment establishment to a preexisting adult entertainment establishment, a preexisting religious 'institution. a preexisting educational institution, an area zoned for residential use. an area designated on the future land use map of the comprehensive plan as residential, a preexisting residence, a preexisting park, or a preexisting commercial establishment that sells or dispenses alcohol for on-premises consumption shall be measured by drawing a straight line between the closest property, lines of the proposed or existing adult entertainment establishment and the preexisting adult entertainment establishment, preexisting religious institution, preexisting educational institution, area zoned for residential use, area designated on the future land use map of the comprehensive plan as residential, preexisting residence, preexisting park. or preexisting commercial establishment that sells or dispenses alcohol for on-premises consumption. (5) Nonconforming uses. (a) An adult entertainment establishment located on a site which is prohibited by this section, shall cease operations no later than two (2) years from the adoption date of this ordinance. (b) When a nonconforming use of an adult entertainment establishment has been discontinued for One Hundred Eighty (180) consecutive days or more. the nonconforming use shall be deemed abandoned and the future use of the premises or site shall revert to only those uses permitted on the site on which the establishment is located. (6) Variances, The Board of Adjustment is authorized to recommend a variance from the distance and zoning requirements of this code. pursuant to the procedures and criteria ~et forth for other 4 ORD NO. variance requests as set forth in Section 2.4.7(A) of the City_ of Delray Beach Land Development Regulations. (7) Signage. Only one sign per adult entertainment establishment is permitted, and such sign shall not extend above twelve (12) feet above ground level or have an area of greater than thirty-six (36) square feet. No neon material shall be permitted on the sign. All other restrictions of the sign code shall apply to signs for adult entertainment establishments. Section 2. Definitions. That Appendix "A" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended by repealing the definitions for "adult material" and "adult arcade" in their entirety and enacting new definitions to read as follows: "Adult Bookstore" or "Adult Videostore": (a) shall mean an establishment which advertises, sells or rents, or offers for sale or rent adult material. (b) The provisions of subsection (a) are not intended to apply and it is an affirmative defense to an alleged violation of this code regarding operating an adult bookstore/video~tore without an adult entertainment license if the alleged violator shows that at the establishment: (1) admission is not restricted to adults only. and 2) all adult material is accessible only by employees, and (3) the gross income from the sale and/or rental of adult material comprises less than ten (10) percent of the gross income from the sale and rental of the goods or services at the establishment, and (4) the individual items of adult material offered for sale and/or rental comprise less than twenty-five (25) percent of the total individual new items publicly displayed a~ stock in trade in any of the following categories: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videotapes, slides, or other visual representatiorts, or recordings, or other audio matter or less than twenty_-five (25) percent of the irldividual used items publicly displayed at the establishment as stock in trade in the same categories set out above. "Adult Entertainment Establishment" shall mean an adult theater, an adult bookstore, or an adult performance establishment operated for commercial or pecuniary_ gain. regardless of whether such establishment is licensed under this code. "Operated for commercial or pecuniary. 5 ORD NO. gain" ~hall not depend upon actual profit or loss. An establishment which has on occupational license shall be presumed to be "operated for commercial or pecuniary_ gain". An establishment with an adult entertainment license shall be presumed to be an adult entertainment e~tablishmen~;. "Adult Material": any one or more of the following regardless of whether it is new or used: (a) Books. magazines, periodicals or other printed matter, or photographs, films, motion pictures, videotapes, slides or other visual representations, or recordings, or other audio matter. which have as their primal, or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities, or specified anatomical areas: or (b) Instruments. novelties, devices, or paraphemalia which are ¢le$igned for use in connection with specified sexual activities. "Adult Theater" shall mean any establishment which has adult booths where adult material may be viewed or any establishment which has an auditorium, rooms, or an open-air area where persons may view 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. Adult motels alad adult booth or peep show arcades are considered to be adult theaters. "Specified Anatomical Areas" shall mean: a. Less than completely and opaquely covered: 1. Human genitals and pubic region: or 2. The opening between the human buttocks, i.e. the anal cleft; or 3. That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola: this definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse. shirt, leotard, bathing suit. or other wearing apparel, provided the areola is not so exposed: or bo opaquely covered. Human male genitals in a discernibly turgid state, even if completely and "Specified Sexual Activities" shall mean: a. Human genitals in a state of sexual stimulation, arousal or tumescence; or 6 ORD NO. b. Acts of human analingus, bestiali.ty, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy: or c. Fondling or other erotic touching of human genitals, pubic region, buttock, anus. or female breast: or d, Excretory. functions as part of or in connection with any of the activities set forth in subsections a through c. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. day of PASSED AND ADOPTED in regular session on second and final reading on this the __ ,1995. ATTEST: MAYOR City Clerk First Reading Second Reading adult, oral 7 ORD NO. TABLE OF CONTENTS 10. 11. 12. City of Ren~;0n v. Playtime Theatres, Inc. Appeal from the U.S. Court of Appeals for the Ninth Circuit, February 25, 1986; Northcnd Cinema Inc. v. Seattle, 90 Wash. 2d 709, 585 P.2d 1153 (1978). Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo, (Texas) dated September 12, 1977. Regulation of Criminal Activity. and Adult Businesses. City of Phoenix, May, 1979. Findings of the City Planning Commission for the City of New York dated January 26, 1977. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute of Planners, Annual Conference, October 10, 1977. Report to the City Planning Commission and City Council from the Planning Department of the City of Beaumont, Texas. Dated September 14, 1982. Legislative Report on an Ordinance Amending Section 28-73 of the Code of Ordinances of ~;he Ci~;y of Houston, Texas: Providing for the Regulation of Sexually Oriented Commercial Enterprises. Adult Bookstores. Adult Movie Theaters and Massage Establishments: and Making Various Provisions and Findings Relating to the Subject, Report prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983. Report on Adult Oriented Business in Austin. Report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19, 1986. Adult Entertainment Business in Oklahoma City, A Survey of Real Estate Appri~i~ers. Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3, 1986. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the Department of Metropolitan Development dated February, 1984. Director's Reoort: Proposed Land Use Code Text Amendment. Adult Cabarets. A report prepared by the Director of the Department of Construction and Land Use of the City of Seattle, Washington. Dated March 24, 1989.