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Home My WebLink AboutORD 6606 AMEND COMP ZONING DELTING SEC 28C 3 Augusta Richmond GA DOCUMENT NAME: 6-- D ~ - le leDlp DOCUMENT TYPE: 0 "'\J \ N f\NC-e YEAR: ;z aD ~ BOX NUMBER: I ~ FILE NUMBER: ll.o [p 7 S- NUMBER OF PAGES: 3 , ~,> , (~ : I i : 't , , ORDINANCE 6606 An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section 28-C, Adult Entertainment, by deleting Section 28- . C-3 in its entirety, and adding a new Section 28-C-3 of the Comprehensive Zoning Ordinance. THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION 1. That the Comprehensive Zoning Ordinance is amended by deleting Section 28-C-3 (Location) in its entirety: SECTION II. That the Comprehensive Zoning Ordinance is amending by adding a new Section 28-C-3 (Location): 28-C-3 LOCATION. No adult entertainment establishments shall be located in any zone other than one designated as "LI" Light Industrial or "HI" Heavy Industrial under the Comprehensive J \ 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 a~' defined in the Comprehensive Zoning Ordinance; " '. ~ , .{.. ( . , ' ,I l (8) Another sexually oriented business which does not have a common entrance with an already licensed or exempted sexually oriented business; or (9) A governmental building or site, which shall be defined as all public buildings, parks, and recreational areas owned, operated or occupied by Augusta. (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. Gateways and Corridors are defined as follows: a. Gordon Highway/Doug Barnard Parkway Gateway - All property located within 1000 feet of the intersection of the centerlines of these roadways; b. 1-20/Riverwatch Parkway Gateway - All property located within 2000 feet of the intersection of the centerlines of these roadways; and c. Peach Orchard Road/Gordon Highway Corridor - All property located within 1000 feet of the centerline of the following roadways: Peach Orchard Road from Tobacco Road to Gordon Highway, and Gordon Highway from Peach Orchard Road to Walton Way. (b) A person commits an offense ifhe 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)(l) through (9) of this section, measure- ment 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 (a) (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. 'j" . '(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, of a church or place of religious worship, public or private elementary or secondary school, governmental building or site, 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. SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission thisl!~ day of (2~/?-- -/ ,2003. u First Reading: APRIL 1, 2003 Second Reading: Waive 2nd Reading Published in the Augusta Chronicle April 10, 2003