72-99 Ordinance AMENDEDRECORD OF ORDINANCES
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Ordinance No.....7~-.99...(.l~.IU.~.11C~.&(~)......... Passed ................................................................... .......................
YE.iR
AN ORDINANCE AMENDING SECTION 153.OZ8 OF THE ZONING CODE TO PERMIT
SEXUALLY ORIENTED BUSINESS ESTABLISHMENTS
WITHIN THE CC, COMMUNITY COMMERCIAL DISTRICT, PCD, PLANNED COMMERCE
DISTRICT, AND PUD, PLANNED UNIT DEVELOPMENT DISTRICT.
WHEREAS, City Council believes that sexually oriented business establishments require
regulation in order to protect and preserve the health, safety, and welfare of the patrons
of such businesses, as well as the citizens of the areas in which they locate; and
WHEREAS, sexually oriented business establishments, because of their inherent nature,
have been shown to have a deleterious impact upon the existing businesses around them
and the surrounding residential areas adjacent to them, causing increased crime and
decreased property values; and
WHEREAS, sexually oriented business establishments, because of their inherent nature,
when located in proximity to each other, have been to shown to have a serious negative
impact on the quality of life in the surrounding area; and
WHEREAS, City Council desires to prevent these adverse effects and protect the citizens
of the City from increased crime, preserve the current quality of life in the City, and
preserve the property values and the character of surrounding neighborhoods; and
WHEREAS, sexually oriented business establishments are compatible with and operate
similar to eating and drinking establishments as permitted in the CC, Community
Commercial District, but may have a greater impact on the surrounding area; and
WHEREAS, it has been determined that a sexually oriented business establishment should
be treated as a permitted use in the CC, Community Commercial District; and
WHEREAS, periodic amendments to the Planning and Zoning Code are necessary to
provide for the needs and desires of the community and to protect the health, safety and
welfare of the residents; and
WHEREAS, the regulations established pursuant to this Ordinance are in no way based
on the content of any protected speech associated with sexually oriented business activities,
and the purpose and intent of the regulations established is not to restrict or prohibit
protected speech associated with sexually oriented business activities, but rather it is to
address, mitigate, and, if possible, eliminate the adverse impacts and secondary effects of
sexually oriented business activities on the areas in which such activities are located to take
place and to ensure that these activities are established, managed, and operated in a safe
and legal manner at all times;
WHEREAS, this Ordinance is being established in association with Ordinance 67-99,
Establishing Licensing Requirements for Sexually Oriented Business Establishments; and
WHEREAS, the Planning and Zoning Commission reviewed this proposed Code
amendment on July 1, 1999 and has recommended approval unanimously.
NOW, TH~REFORE, BE IT ORDAINED, by the Council of the City of Dublin, State
of Ohio, of the elected members concurring that:
RECORD OF ORDINANCES Page Two
Da on Le al Blank Co. r or
72-99 (Amended)
Ordinance No ................................................................... Passed .................................................................., .......................
VF..1R
SECTION 1. That the following language be added within Section 153.002 (Definitions
- Zoning Regulations):
SEXUALLY ORIENTED BUSINESS ESTABLISHMENT. A commercial establishment
including adult cabaret, adult store, or adult theater primarily engaged in persons who
appear nude/semi-nude, live performances, films or other visual representations, adult
booths, or sale or display of adult material.
CIVIC BUILDING OR USE. A building or location that provides for community
meetings and/or activities including, but not limited to, City Hall, Township Hall, school
administration building, recreation center (public or private), property listed on the
National Register of Historic Places, Chamber of Commerce building, Arts Council
building, library, or other public buildings owned or operated by the City.
SECTION 2. That the following section be added to the Community Commercial District:
Section 153.028(A)(4) Sexually oriented business establishment. A commercial
establishment including adult cabaret, adult store, or adult theater primarily engaged in:
persons who appear nude/semi-nude, live performances, films or other visual
representations adult booths, or sale or display of adult material.
(a) In addition to all other applicable development standards, no person shall operate,
locate, or permit the location of a sexually oriented business establishment within 750 feet
(as measured from property line to property line) of any residential use or district, school,
preschool, daycare, place of worship, park, library, federal, state, county, township, or
city building, cemetery, or other civic use or public use (within the City of Dublin or other
municipality) .
(b) No person shall operate, locate, or permit the location of a sexually oriented business
within 750 feet (as measured from property line to property line) of another sexually
oriented business establishment.
SECTION 3. That the following section be added to the Sign Table of Height, Area and
Setback: Section 153.164.
NONRESIDENTIAL
Wall Signs Wall Signs Ground Signs Ground Signs Ground Signs Window
Maximum Area Maximum Maximum Area Maximum Minimum Signs
Height Height Setback Maximum
Area
PERMANENT SIGNS
Sexually Oriented 10
Business 32 15 not permitted
SECTION 4. This ordinance shall take effect on the earliest date permitted by law.
~~day
- Presiding Officer
Attest:
/_,iv1~V1~~.
Clerk of Council
Sponsor: Planning Division
1999.
I hereby certify that copies of this Ord':nance/Resolution were posted in
City of Dublin in accordance wiifa Section 731.25 of the Ohio Revised Ce
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~SS~.CIer f tauncil, Dublin, Ohia