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Home My WebLink AboutORD 6551 AMEND COMP ZONING ADULT BOOK STORE Augusta Richmond GA DOCUMENT NAME: D - O~ - toss I DOCUMENT TYPE:OR..~\ N4Nc,e YEAR: S(6D d BOX NUMBER: 1 \..p FILE NUMBER: } G, 34 S- NUMBER OF PAGES: 7 -~.--.., ORDINANCE 6551 An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Board of Commissioners of Richmond County and the City Council of Augusta effective November 15, 1983, entitled "An Ordinance to Readopt and Reconfirm the Comprehensive Zoning Ordinance adopted March 25, 1963, by the Board of Commissioners of Richmond County and the City Council of Augusta, by deleting Section 22-2(b) of the Comprehensive Zoning Ordinance relating to Adult Bookstores, Adult Entertainment Establishments, and Adult Theater and adding a new Section 28-C entitled 'Adult Entertainment'. THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION 1. That the Comprehensive Zoning Ordinance is amended by deleting the following from Section 22-2: b) Adult bookstore, adult entertainment establishment, and adult theater. Adult bookstores, adult entertainment establishments, and adult theaters may be permitted in a B-2 (General Business) Zone upon approval by the Augusta-Richmond County Commission after finding compliance with the following location requirements: (1) No adult bookstore, adult entertainment establishment, or adult theater, as defined by this Ordinance and herein referred to as "Regulated Uses", shall be located as follows: (i) Within one-thousand two hundred fifty (1,250) feet of the property line of a private residential dwelling; (ii) Within one thousand (1,000) feet of the property line of any public library or branch of any public library; (iii) Within one thousand (1,000) feet from the property line of any church, shrine, chapel of a mortuary or other place used exclusively for religious services; (iv) Within one thousand two hundred fifty (1,250) feet of the property line of any school or college campus. The schools and colleges referred to herein shall include only such public, private, or church-supported schools which teach the subjects commonly taught in the common schools and 1 zA- - It.- is ~ '- colleges of this State, and shall not include private schools or colleges wherein only specialized subjects such as law, stenography, business, music, art, vocational occupations, and other special subjects are taught; (v) Within one thousand (1,000) feet of a regular stop where a school bus for the transportation of school children in the public schools of Augusta shall board or discharge passengers; (vi) Within one thousand two hundred fifty (1,250) feet of any other regulated use; or (vii) The Special Exception may be denied when there is evidence that the type and number of schools, churches, libraries, public or private recreation facilities, and residential developments in the vicinity of the location of the proposed regulated use can cause minors to frequent the immediate area, even though there is compliance with the minimum distances as provided herein. (2) The distance restrictions set out above shall apply in any and all directions from the property lines of the proposed regulated use, as measured in a straight line. This distance shall be verified by plat, furnished by the applicant, showing distance and prepared by a licensed Georgia surveyor or civil engineer. This plat shall accompany and be made a part of the application for a Special Exception. (3) Any regulated use existing on September 20, 1977, is deemed to be a nonconforming use. Such nonconforming Regulated Uses shall be subj ect to the requirements of Section 5 of this Ordinance. SECTION II. That the Comprehensive Zoning Ordinance is amending by adding the following new Section 28-C 'Adult Entertainment': 28-C-l REFERENCE TO THE CITY CODE. This section relates to the Title 6 Chapter 1 of the Augusta-Richmond County Code entitled "Adult Entertainment." This Code Section is included in part in the Zoning Ordinance as it relates to locations, or zoning districts and therefore to the extent that it relates to such plans, policies and zoning procedures must be followed. 28-C-2 DEFINITIONS. The following terms used in this Section defining adult entertainment establishments shall have the meanings indicated below: (a) Adult bookstore. An establishment having a substantial or significant portion of its stock in trade, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section comprising 2, five (5) percent or more of its total floor space, devoted to the sale or display of such materials or five (5) percent or more of its net sales consisting of printed materials which are for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (b) Adult dancing establishment. A business that features dancers displaying or exposing specified anatomical areas. (c) Adult motion picture theater. An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (d) Adult mini-motion picture theater. An enclosed building with a capacity of less than fifty (50) persons used for commercially presenting m'aterial distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (e) Adult motion picture arcade. Any place to which the public is permitted or invited wherein coins or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at anyone time and where . the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. (f) Adult video store. An establishment having a substantial or significant portion of its stock in trade, video tapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five (5) percent of its total floor space, devoted to the sale of display of such material or which derives more than five (5) percent of its net sales from videos which are characterized or distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (g) Erotic dance establishment. A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar entertainers, where 3 such performances are distinguished or characterized by an emphasis or specified sexual activities or specified anatomical areas. (h) Escort bureau; introduction services. Any business, agency or persons who, for a fee, commission, hire, reward, or profit, furnish or offer to furnish names of persons, or who introduce, furnish or arrange for persons who may accompany other persons to or about social affairs, entertainments or places of amusement, or who 'may consort with others about any place of public resort or within any private quarters. (i) Good moral character. A person is of good moral character according to this chapter if that person has not been convicted of a felony involving serious sexual misconduct, or a crime not a felony if it involves serious sexual misconduct, in the past five (5) years. Conviction shall include pleas of nolo contendere or bond forfeiture when charged with such crime. 0) Reserved. (k) Reserved. (I) Minor. For the purposes of this Chapter, any person who has not attained the age of eighteen (18) years. (m) Permitted premises. The business location for which a permit and a Business Tax Certificate has been issued to operate an adult entertainment establishment. (n) Specified sexual activities. Shall include any of the following: (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship in any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or 4 .~ (5) Masochism, erotic or sexually oriented torture, beating of the infliction of pain; or (6) Erotic or lewd touching, fondling or other sexual contact with an animal by human being; or (7) Human excretion, urination, menstruation, vaginal or anal irrigation. (0) Specified anatomical areas. Shall include any of the following: (1) Less than completely and opaquely covered human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areo la; or (2) Human male genitalia in a discernibly turgid state, even if completely and opaquely covered. 28-C-3 LOCATION. No adult entertainment establishments shall be located in any zone other than one designated as "U" Light Industrial or "HI" Heavy Industrial under the Comprehensive Zoning Ordinance for Richmond County, as incorporated in the Augusta-Richmond County Code, Title 8, Chapter 5. In addition, no adult entertainment establishment or use restricted hereunder shall be located; (a) within 1,000 feet of: (1) A church or place of religious worship; (2) A public or private elementary or secondary school; (3) A child care facility; (4) A boundary of a residential district as defined in the Comprehensive Zoning Ordinance. (5) A public park; (6) A cemetery; (7) The property line of a lot devoted to a residential use as defined in the Comprehensive Zoning Ordinance; (8) Another sexually oriented business which does not have a common entrance with an already licensed or exempted sexually oriented business; or 5 (9) A governmental building or site. (10) Another sexually oriented business. (11) Within the parameters of an area designated as an Augusta gateway/corridor in the Corridor/Gateway Action Plan (2000), as presently existing or hereafter modified, adopted by the Augusta-Richmond County Commission and on file in the office of the Clerk of the Commission. (b) A person commits an offense if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure, or its portion, or the increase of floor area of any sexually oriented business in any building, structure, or its portion, containing another sexually oriented business. (c) For the purposes of subsection (a)(1) through (9) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or place of religious worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, a cemetery, residential district or residential lot. (d) For purposes of subsection (c) (10) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (e) Any sexually oriented business lawfully operating as of January 1, 1996 that is in violation of subsections (a), (b) or (c) of this section shall be deemed a nonconforming use. Such use will be permitted to continue for a period not to exceed one year unless sooner terminated for any such reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is nonconforming. (f) A sexually oriented business lawfully operating as a conforming use .is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, or a church or place of religious worship, public or private elementary or secondary school, public park, cemetery, residential district or residential lot within 1,000 feet of the sexually oriented business. This subsection applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. 6 I . . .., ,. .. SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Done In Open Meeting under the Common Seal thereof this 17th day of September ,2002. APPROVED THIS 17th day of September ,2002. ~ MAYOR, AUGUS CO AUGUSTA, GEORGIA ~af# ERK C MMISSION Waive 2nd Reading Published in the Augusta Chronicle September 26. 2002 7