HomeMy Public PortalAbout065-2006 - Moratorium - Sexually Oriented BusiAMENDED ORDINANCE NO. 65-2006
AN ORDINANCE ADOPTING AN IMMEDIATE MORATORIUM ON THE
ESTABLISHMENT, DEVELOPMENT, LOCATION OR RELOCATION AND/OR
BUILDING APPROVALS OF SEXUALLY ORIENTED BUSINESSES.
WHEREAS, the City recently adopted a new comprehensive plan, and the City is now
carefully considering amending the zoning code and adopting land use regulations
consistent with that plan to decide the location of sexually oriented businesses; and
WHEREAS, due to the careful consideration required for many zoning and land use
issues, the City needs to protect the planning process by considering properly and
carefully the location and regulation of sexually oriented businesses; and
WHEREAS, based on a wide range of studies prepared in other cities, the Common
Council of the City of Richmond finds that sexually oriented businesses, although
afforded some constitutional protection, often result in undesirable secondary effects,
including increases in criminal activity (sex -related crimes in particular), lowered
property values, increased traffic, light and noise pollution, urban blight, and decreased
stability of ownership; and
WHEREAS, the Common Council of the City of Richmond finds that both the City's land
use planning process and the citizens of the City of Richmond will suffer significant
harm unless establishment, development, location, relocation, and/or any building
approvals of sexually oriented businesses are halted until the planning process is
completed; and
WHEREAS, the Common Council of the City of Richmond finds that protection of the
health, safety and welfare supports establishment of a moratorium to limit the harm
caused by an establishment, development, location, relocation, and/or any building
approvals of sexually oriented businesses; and
WHEREAS, without an immediate moratorium on the establishment, development,
location, relocation, and/or any building approvals of sexually oriented businesses, said
events could occur and are inconsistent with the City's legitimate policy of protecting the
health, safety and welfare of its citizens from the secondary effects associated with these
businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, AS FOLLOWS:
Section One: Findings of fact:
1) The Common Council finds that the characteristics of Richmond are similar to
those of the cities considered in the Sexually Oriented Businesses Land Use studies.
2) The Common Council finds, based upon the studies, that adult uses will have
secondary effects upon certain pre-existing land uses within the City.
3) The City's zoning ordinances does not address such adult uses which have been
found by other municipalities to cause similar adverse secondary effects.
4) The Common Council is concerned that the City's existing zoning ordinance
needs to be amended to account for the proper zoning classification of sexually oriented
businesses.
5) In addition to the proper zoning classification of such uses, there are a number of
significant planning and land use issues pertaining to the regulation of such uses,
including the following:
a) The particular zoning districts in which such uses should be allowed as
either permitted or conditional uses.
b) The concentrations and density of such uses in the City and its
neighborhoods.
c) The effects of such uses on other uses in the surrounding areas.
Section Two: Moratorium Imposed. The Common Council hereby imposes an
immediate moratorium upon the establishment, development, location, relocation, and/or
any building approvals of sexually oriented businesses. During the term of this
moratorium, the City will not approve the establishment, development, location,
relocation, and/or any building approvals of sexually oriented businesses.
Section Three: Purpose. The purpose of this moratorium is to: 1) allow the City
adequate time to study and amend its existing regulations related to sexually oriented
businesses; 2) determine whether the existing zoning ordinance is consistent with the
City's objectives of protecting residentially zoned areas from the aesthetic, visual and
other secondary effects associated with sexually oriented businesses; 3) develop a new
ordinance to amend inconsistencies and/or address situations not addressed by existing
regulations.
Section Four: Duration. The moratorium imposed by this Ordinance shall be in
effect for a period of 180 days, effective immediately upon the adoption of this
Ordinance, and shall continue in effect, unless repealed, extended, or modified by the
Common Council after subsequent public hearing. During the effective period, the
Department of Metropolitan Development working with the Department of Law is
directed to develop recommendations to address the zoning issue. Final
recommendations shall be made to the Common Council within 120 days of the effective
date of this Ordinance.
Section Five: Severability. If any section, sentence, clause or phrase of this
Ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this Ordinance.
Passed and adopted this _7th day of _Au ust 2006, by the Common Council of
the City of Richmond, Indiana.
S/S Karl Sharp-, President
(Karl Sharp)
ATTEST: S/S Karen Chasteen City Clerk
(Karen Chasteen)
PRESENTED to the Mayor of the City of Richmond, Indiana, this _10th_ day of _Au ust ,
2006, at 9:00 a.m.
S/S Karen Chasteen City Clerk
(Karen Chasteen)
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this _10th day of
August , 2006, at 9:05 a.m.
S/S Sarah L. Hutton Mayor
(Sarah L. Hutton)
ATTEST: S/S Karen Chasteen City Clerk
(Karen Chasteen)