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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)