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Home My WebLink About535 Amending Zoning for Adult Entertainment �► � )cam ff `� ` 0 1 I t�J o � a�° '� ORDINANCE NO. 535 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, AMENDING THE ZEPHYRHILLS LAND DEVELOPMENT CODE, CHAPTER SIX, LAND USE REGULATIONS ( ZONING) AS INCORPORATED BY REFERENCE IN ORDINANCE NO. 519, BY AMENDING SECTION 6230 AND 6240 BY PERMITTING ADULT ENTERTAINMENT ESTABLISHMENTS IN C-2 AND C-3 DISTRICTS AS CONDITIONAL USES; BY ESTABLISHING A NEW SECTION 6513, ADULT ENTERTAINMENT USES REGULATIONS, DEFINING SUCH USES, PROVIDING DISTANCE AND LOCATION REQUIREMENTS; AMENDING SECTION 6501 TO PROHIBIT THE ESTABLISHMENT OF ALCOHOLIC BEVERAGE SALES WITHIN 500 FEET OF ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING DISTANCE AND LOCATION REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida as follows : SECTION 1. The City of Zephyrhills Land Development Code as adopted in Ordinance No. 519 and in particular the regulations found in the Zephyrhills Land Development Code are hereby amended as follows : CHAPTER SIX LAND USE REGULATIONS (ZONING) Section 6230. Community Commercial Zoning District (C-2) ; Conditional Uses and Section 6240 General Commercial Zoning District (C-3) ; Conditional Uses, are hereby amended to include as an additional conditional use, the following: ADULT ENTERTAINMENT ESTABLISHMENT SECTION 2 . The City of Zephyrhills Land Deve;lepm pt ;e,a e,rs5e i 0!27 PM RFFERFNCF iiSfl71 Ordinance No. 519 and in particular tYi; orj g,�r,l Q sr-found in the 5. li E`•,�uvi.j r E'��: :i} }L..1: F45..3 .S e veE Zephyrhills Land Development Code are fiere} y Famende'd Ias follows • �a� � TOTA1 j 19_`n CHAPTER SIX 331 11 EE^^ r a.Jv LAND USE REGULATIONS;f tZONING) `{{_; ;.�,_- pt r•_ �;. " S'3x .�is"I Es �..}A R FiE�'.1 r�E Section 6501. Alcoholic Beveral Sales is amended to include this additional section: • C. No sale of alcoholic beverages may occur within 500 feet of an adult entertainment establishment as defined in Section 6513 herein. 4gi! SECTION 3. The City of Zephyrhills Land Development Code as enacted in Record•:'and_ :Return ,to: Cit Clerk's Office', O.R. 2005PAGE 1937 8th;...Street : :' '..:I Zephyrhill;s; : FL: :33,540. Ordinance No. 519 and in particular the regulations of the Zephyrhills Land Development Code incorporated therein are amended by establishing Section 6513, which shall read as follows : ADULT ENTERTAINMENT USES - A. Intent. Based on evidence and testimony concerning the adverse secondary effects of adult uses on the community presented at public hearings before the City Council of the City of Zephyrhills, Florida, and on the findings incorporated in the City of Renton .v. Playtime Theaters, Inc. , 106 S.Ct. 925 (1986 ) ; Coleman A. Young v. .•Amer.i•can Mini Theaters, Inc . , 427 US 50, 49 L Ed 2d 310, 96 S Ct 2440 reh den (US) 50 L ED 2d 155, 97 S Ct 191; Summary and presentation of reports, studies and judicial opinions concerning the adverse secondary effects of adult uses on the community; Northend Cinema, Inc. v. Seattle, 90 Wash. 2d 709, 585• P. 2d 1153 ( 1978) ; A 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; Adult Entertainment Businesses in Indianapolis . An Analysis, 1987 : B. Prohibited Locations and Distance Provisions. ( i) No person shall cause or permit the operation of or enlargement of, any adult entertainment establishment which, while in operation or after enlargement would or will be located within 1, 000 feet of a pre-existing _ adult entertainment establishment; 500 feet ofa p±e—exist= ng� :religious institution; 500 feet for a. pre-existing educational institution; 500 feet of an area zoned within the City for residential use ; 500 feet of a pre-existing Park; or 500 feet of a pre-existing commerical establishment that in any manner sells or dispenses alcohol for on-premises consumption. The term "enlargement" , as used in this subsection, includes, but is not limited to, increasing the floor .R. 2005n5E19 S size of the establishment by more than ten percent ( 10%) . (ii) The distance requirements of section (i) are independent of and do not supersede the distance requirements for alcoholic beverage establishments contained in Section 6501 of the Zephyrhills Land Development Code. C. Measurement of Distance . (i) Distance from a proposed or existing ,adult entertainment establishment to a pre-existing adult entertainent� J establishment, a pre-existing religious institution, a pre-existing educational institution, an area zoned for % - residential use, a pre-existing park, or a pre-existing 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 pre-existing adult entertainment establishment, pre-existing religious institution, pre-existing educational institution, area zoned for residential use, pre-existing park, or pre-existing commercial establishment that sells or dispenses alcohol for ,on-premises,' consumption. D. Definitions. All words used in Section 6513 have the meaning set forth ' in. the City of Zephyrhills Adult Entertainment Ordinance Nol ' 534 and said definitions are adopted by reference and incorporated herein. SECTION 4. If any chapter, article, section, paragraph, clause, provision or provisions of this Ordinance shall be aci;judged invalid, such adjudication shall apply only to the chapter, , article, section, paragraph, clause, provision or provisions --so adjudged and the remainder of this Ordinance shall be deemed valid and effective. SECTION 5. This Ordinance shall take effect immediately upon final passage and approval by City Council. O.R. 2005PAGE 1939 DECOR®� D . JED Pt .., o County . ,.a�ui . ours,P l c._,. _,��' ORDINANCE NO. 535 The foregoing Ordinance No. • 535 was read and passed on its first reading in open and regular meeting by the City Council of the City of Zephyrhills, Florida on the oz.sw- day of 1)tLA -lL - , A.D. , 1991. . ��, ,,,.......s ,off, . •' �r, �, _ 0.. ,Z,,,„....,Le. ¢t I ., '.. / CL E C. BRACKNELL C�"u -'~ 1 President of City Council q • ATTEST: w� , /i_e x r ./ i e { '•, _ - - y Clerk, JOANNE GOOD • - - The foregoing Ordinance No. 535 was read and passed on its second reading in open and regular meeting by the City Council of the City of Zephyrhills, Florida on the 0.14,7', day of OfA',..,Q_ , A.D. , 19 91. .. , � - . i' 4 ' ' I CLY E C. BRACKNELL ✓ : - t"tk, / President of City Council v.1• •. ATT*S T _/�. _. 2 -_ 0.6-. . ,. ----4- - city` Clerk, JO NNE GOOD "U; t.ii' `T`h6 `foregoing Ordinance No. 535 was read and passed on its third reading in open and regular meeting by the City Council of the City of Zephyrhills, Florida on the __ , day of 7 Cifi'jj2—' , A.D. , 1991. .� • • y.-(l.n,dr...:.. kin* at ' _ ' `•4111,' Jo H.. Geiger, (�;' -w r President of City ' ouncil -.ATTFI� _ _ dII� ice'/iy 47 "--+' :.' : y.,::-Clerk, JOANNE GOOD . _- , - The foregoing Ordinance No. 535 was approved -by me on the as day of , A.D. , 1991. l ' ROBRT H. J .07117N,' Mayor O.R. 2 0 0 5 PAGE 19.40