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HomeMy WebLinkAbout3642-05/01/1989 ORDINANCE NO. 3642 AN ORDINANCE AMENDING THE WATERLOO ZONING ORDINANCE NO. 2479 BY: ADDING SUBSECTION ( 5 . 1) ADULT BUSINESSES/ADULT USES TO PART III , 2A-3 , DEFINITIONS; BY REPEALING SUBSECTION 2A-27(A) , PRINCIPAL PERMITTED USES, OF PART XIII , "C-2" COMMERCIAL DISTRICT; AND BY ENACTING IN LIEU THEREOF A NEW SUBSECTION 2A-27 (A) , PRINCIPAL PERMITTED USES, OF PART XIII , "C-2" COMMERCIAL DISTRICT; BY ADDING SUBSECTION ( 10 ) ADULT BUSINESSES/ADULT USES TO PART XXII , EXCEPTIONS AND MODIFICATIONS, SECTION 2A-48(H) , SPECIAL PERMIT REQUIRED; BY ADDING SUBSECTION (N) ADULT USES, TO PART XXII , SECTION 2A-48 , EXCEPTIONS AND MODIFICATIONS; BY REPEALING SUBSECTION 2A-56, VIOLATION AND PENALTIES, OF PART XXVII , VIOLATION, PENALTIES AND ENFORCEMENT; AND BY ENACTING IN LIEU THEREOF A NEW SUBSECTION 2A-56 , VIOLATION AND PENALTIES, TO PART XXVII , VIOLATION, PENALTIES AND ENFORCEMENT. WHEREAS, adult entertainment establishments, hereinafter referred to as adult uses, because of their special characteristics, have been recognized as having potential adverse impacts on surrounding land uses, thereby contributing to the deterioration of neighborhoods. These negative impacts have been shown to increase significantly if the location of these establishments is concentrated in one area, as has been evidenced by studies of numerous cities, including St. Paul, Minnesota; Minneapolis, Minnesota; Cedar Rapids, Iowa; Salem, Oregon; and Benton, Washington. These studies have been relied upon by the City as a basis for the enactment of these regulations, as hereinafter provided; and WHEREAS, the City is also cognizant of the need to protect the constitutional right of freedom of expression and use of property and the obligation of the City to refrain from unduly restricting general public access; and WHEREAS, it is the intent of these regulations to limit the concentration of adult uses in all areas of the City of Waterloo, to more stringently limit their uses in areas where minors may reasonably be expected to live or congregate, and to otherwise regulate the locations of adult entertainment establishments in order to protect and preserve the welfare of the community; and WHEREAS, it is also the intent of the City to provide reasonable regulations for the location of adult uses, while providing sufficient locations for those who desire to patronize adult entertainment establishments in order to protect established legal rights of expression and public access; and WHEREAS, these regulations have been enacted after a full and fair opportunity to be heard has been afforded to all citizens with full consideration given to the legal and constitutional issues which have been previously adjudicated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: � 118 BOO? <.,Utj PAGE O' Ordinance No. 3642 Page 2 That Subsection ( 5. 1) Adult Businesses/Adult Uses is hereby added to Part III , 2A-3 , Definitions , of the Waterloo Zoning Ordinance, as follows : ( 5 . 1 ) Adult Businesses/Adult Uses. The following definitions shall govern the interpretation of the regulations of adult uses. ( a) Adult bookstore. An establishment having twenty-five percent ( 25%) of the retail floor space presently being used by said business or twenty-five percent ( 25%) of the gross business income derived from or attributable to printed matter, pictures, slides, records , audio tapes, video tapes or motion picture films, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" , as hereinafter defined. (b) Adult cabaret. Any establishment which excludes minors by virtue of age wherein the entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas. " (c) Adult conversation/rap parlor. Any establishment which excludes minors by reason of age and which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas. " (d) Adult health/sport club. A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas. " (e) Adult massage parlor. A massage parlor which restricts minors by reason of age, or which provides the service of "massage" , wherein the "massage" is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas. " ( f) Adult mini-motion picture theatre. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. (g) Adult motion picture theatre. A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of `specified sexual activities" or "specified anatomical areas" for observation by patrons therein. (h) Adult steam room/bathhouse facility. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas. " BOOR 85 ME ` . Ordinance No. 3642 Page 3 ( i) Adult uses. Adult uses include, but are not limited to, adult bookstores, adult motion picture theatres, adult mini-motion picture theatres, adult massage parlors, adult steam room/bathhouse facilities, adult rap/conversation parlors, adult health/sport clubs , adult cabarets, and other premises, enterprises, businesses, private clubs/establishments or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. ( j ) Protected uses. Protected uses include a building in which a majority of floor space is used for residential purposes ; a day care center where such day care center is a principal use; a house of worship; a public library; a school (public, parochial or private; elementary, junior high or high school) ; public park, public recreation center or public specialized recreation facility as identified in the parks and recreation element of the Waterloo comprehensive plan; a civic/convention center; a community residential facility; a mission. However, this definition shall not apply if the protected use is a legal non-conforming use. (k) Specified anatomical areas shall include the following: ( 1) Less than completely and opaquely covered: (a) human genitals , (b) pubic region; (c) buttock, and (d) female breast below a point immediately above the top of the areola; and ( 2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. ( 1) Specified sexual activities shall include the following: ( 1 ) Human genitals in a state of sexual stimulation or arousal; ( 2) Acts of human masturbation, sexual intercourse or sodomy; or ( 3 ) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. That Subsection 2A-27(A) , Principal Permitted Uses, of Part XIII , "C-2" Commercial District, of the Waterloo Zoning Ordinance, is hereby repealed in its entirety; that a new Subsection 2A-27(A) , Principal Permitted Uses, of Part XIII, "C-2" Commercial District, of the Waterloo Zoning Ordinance, is hereby enacted in lieu thereof as follows: PART XIII "C-2" COMMERCIAL DISTRICT A. Principal Permitted Uses. Any use permitted in the "C-1" District Adult Uses as defined in the definitions section, provided that such uses meet the following separation requirements: ( 1) At least 600 feet from any other adult use measured in a straight line from the closest points of the property lines in which the adult uses are located. BOOK &5 Ordinance No. 3642 Page 4 ( 2) At least 600 feet from any residentially zoned property measured in a straight line from the closest point of the property line in which the adult use is located to the closest residentially zoned property line. ( 3) At least 600 feet from any protected use as defined herein which distance shall be measured in a straight line from the closest point of the property line in which the adult use is located to the closest point of the property line in which is located an aforementioned protected use. If a protected use is a legal non-conforming use, this provision shall not apply. Animal Hospital, Veterinary Clinic or Kennel; providing an exercising runway shall be at least two hundred ( 200) feet from any "R" District and one hundred (100) feet from any "C-1" District boundary. Automobile, Motorcycle, Trailer and Farm Implement Establishments for display, hire and sales ( including sales lots) , including as incidental to these major uses all repair work in connection with their own and customers ' vehicles, but not including uses in which the major source of revenue is from body or fender work. In addition, this paragraph shall not be construed to include automobile, tractor, or machinery salvage and used parts yards. That Subsection ( 10 ) Adult Businesses/Adult Uses is hereby added to Section 2A-48 (H) , Special Permit Required, of Part XXII , Exceptions and Modifications , of the Waterloo Zoning Ordinance, as follows: ( 10) Adult Businesses/Adult Uses That Subsection8Exceptions( i Adult and ses is hereby added to Modifications, of the Part Waterloo Section 2A-44 , Zoning Ordinance as follows: N. Adult Uses. 1. The minimum separation requirements of adult uses may be varied by the board of adjustments if the person applying for the variance files an application for a variance with the building official. Included with said application shall be a consent petition which indicates approval of the proposed adult use signed by 90 percent of the property owners within 600 radial feet of the lot on which the use would be located. The board of adjustments, in considering such a variance shall make the following findings; that the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the ordinance will be observed; that the establishment of an additional use of this type in the area will not be contrary to the program of neighborhood conservation or improvement, either residential or non-residential; and that all applicable regulations of this ordinance will be observed. BOO : PAGE Ordinance No. 3642 Page 5 2 . Any such adult use which at the time of the adoption of this ordinance becomes non-conforming may continue in business unless it does not meet the minimum separation requirements between it and any other such establishment, or between it and any residential zoning district in which event it shall terminate all uses herein defined no later than one ( 1 ) year after the date of the adoption of this ordinance. 3 . However, if in the opinion of the owner of the business involved in such use, the termination would create an undue hardship, the owner may appeal to the Board of Adjustment for an extension of time for the termination. It shall be the responsibility of the owner to show just cause for a time extension based upon evidence submitted by the owner which demonstrates by the greater weight of evidence that one ( 1 ) year was not an adequate length of time to amortize the owner' s investment in such establishment. The Board shall determine whether such a time extension shall be granted and how long such extension shall be, based upon the evidence presented. However, no establishment shall be granted more than one ( 1) time extension and no such extension shall be for longer than the minimum time determined necessary by the Board for the owner to amortize the investment which existed at the time of the adoption of this ordinance. 4 . Any investments in said non-conforming establishment subsequent to the adoption of this ordinance shall not be included in such amortization value purposes. Such non-conforming establishment shall not increase, enlarge, expand, extend or alter such land area, building, or structure involved in such establishment except by changing the use to another use which is permitted in that zoning district by the terms of the zoning ordinance. If the owner of the non-conforming establishment desires to increase, enlarge, expand, extend or alter such land area, building or structure involved in such establishment, the owner shall be required to apply for a special permit under the provisions of the Zoning Ordinance. 5 . In determining whether an adult use is non-conforming, especially in relation to another adult use, the Board shall take into account the length of time that said adult use has been operating at is present location and shall consider the oldest adult use as a conforming use. That Subsection 2A-56 , Violation and Penalties, of Part XXVII , Violation, Penalties and Enforcement of the Waterloo Zoning Ordinance, is hereby repealed in its entirety; that new Subsection 2A-56 , Violations and Penalties, of Part XXVII , Violation, Penalties and Enforcement of the Waterloo Zoning Ordinance, is hereby enacted in lieu thereof as follows : 2A-56 . VIOLATION AND PENALTIES. 1 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance shall be guilty of a simple misdemeanor and upon conviction, be fined not more than $100. 00, or be imprisoned for not more than 30 days, for each offense. 2r; 9 : ti Ordinance No. 3642 Page 6 2 . Any violation of the provisions of this ordinance may also be considered a municipal infraction. If a municipal infraction citation is served, the procedures for enforcement of that civil offense shall be governed by Sections 1-15 through 1-17 of the Code of Ordinances of the City of Waterloo. 3 . Each day that a violation is permitted to exist shall constitute a separate offense. 4 . The Building Official is hereby designated and ordered to enforce this Ordinance. INTRODUCED: April 17 , 1989 PASSED 1ST CONSIDERATION: April 17 , 1989 PASSED 2ND CONSIDERATION: April 24 , 1989 PASSED 3RD CONSIDERATION: May 1 , 1989 Passed and adopted by the City Council of the City of Waterloo, Iowa, on the 1st day of May, 1989, and approved by the Mayor on the 3rd day of May, 1989. / 2_ti-r Bernard Li. McKXn ey, Mayor ATTEST: le.' arr ; P. B ger, Ci e Clerk/Auditor CERTIFICATE I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3642, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 1st day of May, 1989. Witness my hand and seal of offic -this 3rd day of May , 1989. /I '"*"‘ Lar y P. urger, Cit Clerk/Auditor INDEXED COMPARED 1 085 PAGED Our BLACK MK Ciei iriY, ie9rA:vJ Filed for record Y 919 Pq a 3;'-/o r? M, and recorded in rrc Book �85 Page . Recorder De Irty 0 Fee 3o.o o d" d� Cc CA)"0-0 3 4 • • • I do solemnly STATE OF IOWA, swear that the annexed copy of L€Ea SS IPack Hawk Counnty, Ordinance No . 3642 2 0 Council notice was published In the tUAteCl00 COl1CI• CC a daily newspaper printed In Waterloo. • 7 Proceedings Black Hawk County. Iowa once et- . . 'Oe IV I ORDINANCE NO.3642 AN ORDINANCE AMENDING • ____ f 4tlN In the Ieeue�Of I THE WATERLOO ZONING OR- commencing on theda " DINANCE NO.2479 BY: ADDING SUBSECTION (5 ) ADUULT BUSIINE SES ADUL IT s, USES TO PART III, 2A-3, DE- Ma Y 1�.t II ! 1959 ONS; BY REPEALING SUBSECTION 2A-27(A), PRIN- CIPALPERMITTED USES, OF • of said end that the annexed rate of s PART ART XIII, 'C-2" COM- MERCIAL DISTRICT; AND BY ENACTING IN LIEU THEREOF advertising i the regular legal rate of said newspaper,and newspaper that the, following Is a correct bill for A NEW SUBSECTION 2A-27(A) PRINCIPAL PERMITTED publishing said notice. • 2 j U C.J COMMERCIAL OF R DISTRICTT XIII, ; BY Printer's Bill $ ADDING SUBSECTION (10) ADULT BUSINESSES/ADULT 42,i..> e USES TO PART XXII, EXCEP- • TIONS AND MODIFICATIONS, j Signed SECTION 2A-48(H), SPECIAL DING UBSECCTION(N)ADULDT 43 ""'�•" dayof USES,TO PART XXII,SECTIONPERMIT REUIRED; BY A - ! Subscribed and sworn to before me this I2A-48, EXCEPTIONS AND C�� *� PEALING SUBSMODIFICATIONS; BY RE- • U(h , A.D.. 1g .4 i PEALING SUBSECTION 2A-56, {�/f VIOLATION AND PENALTIES, OF PART XXVII, VIOLATION, 1111 (2 iEJV✓t'vfJ"'�✓ PENALTIES AND ENFORCE- MENT;AND BY ENACTING IN Notary Public LIEU THEREOF A NEW SUBSECTION 2A-56, VIOLA- . TION AND PENALTIES, TO • Received of PART XXVII, VIOLATION, PENALTIES AND ENFORCE- MENT. WHEREAS,adult entertainment Dollars establishments, hereinafter re- the sum of ferredtoasadultuses,becauseOf In full for publication of the above notice• their special characteristics, have been recognized as having • Potential adverse Impacts on sur• ounding land uses,thereby con • - tributing to the deterioration of neighbcrhoods. These negative impacts have been shown to in- _ crease significantly if the location of these establishments Is concen- trated in one area, as has been evidenced by studies of numerous cities, inrhi.it•.,. e. .._ . ...