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1995-22 Zoning Requirements Adult Entertainment Establishments1 ORDINANCE NO. ?7_95 1 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 2 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 3 ' 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, 4 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 5 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 6 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 1