1995-22 Zoning Requirements Adult Entertainment Establishments1
ORDINANCE NO. ?7_95
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AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADDING A SECTION 45-20 TO ARTICLE II OF APPENDIX C-
ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE TO PROVIDE FOR
ZONING REQUIREMENTS FOR ADULT ENTERTAINMENT ESTABLISHMENTS;
PROVIDING LEGISLATIVE INTENT AND FINDINGS OF FACT; PROVIDING FOR
THE EFFECTIVENESS AND APPLICABILITY OF THE COUNTY "ADULT
ENTERTAINMENT CODE"; PROVIDING ZONING DISTANCE REQUIREMENTS;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. Section 45-20 OF Article II of Appendix C-
Zoning of the Code of Ordinances of the Village of North Palm Beach
is hereby created to provide zoning requirements for adult
entertainment establishments and to read as follows:
"Section 45-20 Adult Entertainment Establishment.
(1) Legislative Intent. The intent of the Village
Council in adopting this Section 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 Village of North Palm
Beach. It is not the intent of the Village Council to legislate
' with respect to matters of obscenity. These matters are regulated
by federal and state law, including Chapter 847 of the Florida
' Statues.
This section is intended to provide for the proper
location of adult entertainment establishments in the C-1
Neighborhood Commercial District and to protect the integrity of
adjacent neighborhoods, educational institutions, religious
institutions, parks and other commercial enterprises. Proper
separation of adult entertainment establishments prevents the
creation of "skid-row" areas in the Village which results from the
concentration of these establishments and their patrons. It is the
intent to limit the secondary effects of adult entertainment
establishments as set out in the findings of fact contained within
the Palm Beach County "Adult Entertainment Code," Ordinance No. 88-
31.
The locational restrictions contained in this section
should not be construed as to apply only to those residential
zoning districts, religious institutions, educational institutions,
parks and other commercial enterprises which cater to or are
attended by persons under eighteen (18) years of age. The
restrictions within this section are also intended to ensure that
residential zoning districts, educational institutions, religious
institutions, parks and other commercial enterprises are located in
areas free from the secondary effects of adult entertainment
establishments.
The location of residential zones, educational
' institutions, religious institutions, parks and other commercial
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enterprises within viable, unblighted and desirable areas support
the preservation of property values and promote the health, safety
and welfare of the public at large.
(2) Findings of Fact. Based on the evidence and
testimony presented at first reading and public hearing, the
Village Council of the Village of North Palm Beach reaffirms the
findings of fact contained within the Palm Beach County Adult
Entertainment Code and on the findings incorporated in the United
States Attorney General's Commission on Pornography (1986): "A
Summary of a National Survey of Real Estate Appraisers Regarding
the Effect of Adult Bookstores on Property Values," conducted by
the Division of Planning, Department of Metropolitan Development,
City of Indianapolis, January 1984; the "Study of the Effects of
' Concentration of Adult Entertainment Establishments in the City of
Los Angeles," conducted by the Planning Committee for the Los
Angeles City Council, June 1977; the study conducted by the City of
Austin, Texas; the Metropolitan Bureau of Investigation (MBI) for
the Ninth Judicial Circuit (Orlando area); and information from
Tampa, Florida, detailing the effects of adult entertainment
establishments in the Tampa area.
(3) Definitions. The following words, terms and
phrases, when used in this Ordinance, shall have the meanings
ascribed them in the Palm Beach County Adult Entertainment Code at
time of passage of this Ordinance, except where the context clearly
indicates .different meaning.
' Adult arcade Conviction
Adult bookstore/adult video store Department
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' Adult booth
Adult dancing Establishment
Adult entertainment establishment
Adult material
Adult motel
Adult theater
Adult video store
Alcoholic Beverage
Board
Code
Commercial Gain
Commercial establishment
Educational Institution
Employee
Establishment
Inspector
Licensed premises
Licensee
Operator
Person
Principal stockholder
Private Performance
Specified anatomical
areas
Specified criminal act
(4) Prohibited Locations.
(a) Notwithstanding any other provision of this
Code, or any provision of the Village planning, land development
and zoning regulations, 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 pre-
existing commercial establishment that in any manner sells or
dispenses alcohol, within Five Hundred (500) feet of Zoning
District P, public district, within One Thousand (1,000) feet of a
pre-existing religious institution, within One Thousand (1,000)
feet of a pre-existing educational institution, child care
facility, family day care home or community residential home,
within Two Hundred (200) feet of an area zoned for residential use,
within Two Hundred (200) feet of an area designated as residential
on the future land use map of the Village's comprehensive plan,
within Two Hundred (200) feet of the lot line of a pre-existing
' residence, within Five Hundred (500) feet of a pre-existing park,
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or within Two Thousand (2,000) feet of another adult entertainment
' establishment.
(b) In addition to the distance requirements set
forth in subsection (a), an adult entertainment establishment shall
not be allowed to open, exist or do business anywhere except in the
C-1 zoning district where adult entertainment establishments are an
expressly permitted use subject to review by the Village Director
of Public Services for conformance with the requirements of the
Village's Land Development Regulations.
(c) The distance requirements of subsection (a) are
independent of and do not supersede the distance requirements for
alcoholic beverage establishments which may be contained in other
laws, rules, ordinances, or regulations.
' (5) Measurement of Distance. The distance from a
proposed or existing adult entertainment establishment to a pre-
existing adult entertainment establishment, a pre-existing
religious institution, to Zoning District P, public district, a
pre-existing religious institution, a pre-existing educational
institution, child care facility, family day care home or community
residential home, an area zoned for residential use, an area
designated on the future land use map of the comprehensive plan as
residential, a pre-existing residence, a pre-existing park or a
pre-existing commercial establishment that sells or dispenses
alcohol shall be measured by drawing a straight line between the
closest lot lines of the proposed or existing adult
' entertainment establishment and the pre-existing adult
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entertainment establishment, pre-existing religious institution,
' Zoning District P, public district, pre-existing educational
institution, child care facility, family day care home or community
residential home, area zoned for residential use, area designated
on the future land use map of the comprehensive plan as
residential, pre-existing residence, pre-existing park, or pre-
existing commercial establishment that sells or dispenses alcohol.
(6) No Variance. There shall be no variance to the
distance requirements of this section.
(7) Nonconforming Uses. When a legal nonconforming use
of an adult entertainment establishment has been discontinued for
ninety (90) 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 permitted uses on the site as set forth
in C-1 Zoning District.
(8) Supplemental Administrative Requirements.
(a) Rules of Construction. This section shall be
liberally construed to accomplish its purpose of regulating and
dispersing adult entertainment establishments and related
activities.
(b) Plan Review. The staff shall compare the
official plans of the Building Department and official zoning map
against the plan submitted.
(9) Enforcement. The provisions of this Code may be
enforced by:
(a) A suit brought by the Village Council in the
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Circuit Court of Palm Beach County to restrain, enjoin, or prevent
' a violation of this Code; and
(b) Enforcement proceedings by the Village's Code
Enforcement Board; and
(c) Criminal prosecution; and
(d) Any and all other legal proceedings and
remedies available to the Village as provided by law.
Section 2. If any section, paragraph, sentence, clause,
phrase or word of this ordinance is for any reason held by a Court
to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of this ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 4. This Ordinance shall take effect immediately
upon passage.
PLACED ON FIRST READING THIS 6th DAY OF JUIy 1995.
PLACED ON PUBLIC HEARING THIS
1995.
6th DAY OF July
PLACED ON PUBLIC HEARING THIS 17th DAY OF
' 1995.
7
July
1
PLACED ON SECOND, FINAL READING AND PASSED THIS 17th DAY OF
lily 1995.
hem/ (J Gu~~u1g-
MAYOR
(VILLAGE SEAL)
ATTEST:
C%7r/~.
VILLAGE CLERK
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