ORDINANCE NO.____________

 

AN ORDINANCE OF THE CITY OF KEY WEST, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 2-6.2 TO OMIT REFERENCE FROM THE CHAPTER ON CONDITIONAL USES TO ADULT ENTERTAINMENT BUSINESSES; BY AMENDING SECTION 2-7.27 TO CLARIFY REGULATIONS PERTAINING TO NON-CONFORMING ADULT ENTERTAINMENT BUSINESSES; AMENDING SECTION 2-7.28 TO CHANGE AN ADULT ENTERTAINMENT USE FROM A CONDITIONAL TO A PERMITTED USE IN ZONING DISTRICTS WHERE THEY MAY BE LOCATED; PROVIDING ADDITIONAL REGULATIONS PERTAINING TO ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE

 

 

WHEREAS, the City Commission desires to conform its regulations of Adult Entertainment Establishments with First Amendment Law; and

WHEREAS, at its regular meeting of July 12, 2001, the Key West Planning Board recommended approval of this ordinance revision; and

WHEREAS, the City Commission finds that the removal of adult entertainment from the conditional use process of the Land Development Regulations and the provision of additional regulations pursuant to a permitted use process will serve the best interests of the citizens of Key West;

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF KEY WEST, FLORIDA:

 

 

Section 1:      That Section 2-6.2 of the Land Development Regulations is hereby amended as follows:

SEC. 2-6.2  SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE

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     B.     Criteria for Conditional Use Review and Approval.

Applications for conditional use shall clearly demonstrate the following:

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     6.     Additional Criteria Application to Specific Land Uses.

Applicants for conditional use approval shall demonstrate that the proposed conditional use satisfies the following specific criteria designed to ensure against potential adverse impacts which may be associated with the proposed land use.

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          g.     Adult Entertainment Establishments.  Cross reference Section 2-7.28.

     Section 2:     That Section 2-7.27 of the Land Development Regulations is hereby amended as follows:

 

          SEC. 2-7.27     LOCATION CRITERIA FOR CERTAIN

RETAIL SALES ACTIVITIES WITHIN THE

HISTORIC DISTRICTS.

 

 

 

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*(Coding:  Added language is underlined; deleted language is struck through.)

     A.     Definitions.  For purposes of this section the following words and terms shall have the meaning ascribed thereto:

          1.     Adult Entertainment Business.  A licensed business offering for sale, lease, viewing, or use: merchandise, goods, services, or consumable items intended to provide enjoyment, stimulation, or recreation to adults, with a central theme or primary emphasis upon sexual conduct, sexual relations, or sexual gratification.       Cross reference Section 2-7.28.

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     B.     Location Criteria.  Within the HRCC-1, HRCC-2, and HRCC-3 districts, the location of the following retail activities shall be governed by the criteria listed below:

          1.     Adult Entertainment Business.  No adult entertainment business is permitted on a parcel of land located within two hundred (200) feet of any parcel of land upon which another adult entertainment business is located.  Cross reference Section 2-7.28.

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          4.     T-shirt shop.  No t-shirt shop is permitted on a parcel of land located within two hundred (200) feet of any parcel of land upon which another t-shirt shop is located.  As of March 21, 1995, no new t-shirt shops shall be located in the HRCC-1, HRCC-2, and HRCC-3 districts.  A t-shirt shop licensed by the City and in operation in the HRCC-1, HRCC-2, and HRCC-3 districts as of March 21, 1995 may continue in existence as a nonconforming use.  A change in ownership of an existing t-shirt shop shall not affect such nonconforming use status.  In the event that an existing t-shirt shop is enlarged or is increased in size or undergoes structural alterations that exceed fifty (50) percent of the value of its building or structure as shown on the County tax assessment records, or is discontinued or abandoned in use as a t-shirt shop for a period of six (6) months, then its nonconforming use status shall terminate and the use of the building or structure shall conform to the provisions of this section and of the HRCC-1, HRCC-2, and HRCC-3 districts. The requirements of Section 2-7.27(B)(4) shall supersede conflicting requirements, if any, of Section 2-7.27(D).  "Abandonment" shall occur when a property owner has an intent to abandon the property's use as a t-shirt shop either by an act or a failure to act that indicates that owner does not retain any interest in the right to the nonconforming use.

The burden of proof is on the City to demonstrate the facts of abandonment.  A presumption of abandonment shall occur if the property owner discontinues the use of the property as a t-shirt shop for a period of six (6) months.  Under such presumption the City need not prove the property owner's intent to abandon the use.

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     D.     Grandfather Clause.  Any business location which is licensed as of January 19, 1993 and which would otherwise be in violation of this section may continue to operate and be licensed as an exempt non-conforming use, provided, however, that no such business location may be enlarged or increased in size or be discontinued in use for a period of more than forty-eight (48) hours, and in such event, said exemption shall cease and the business location shall conform in all respects to the provisions of this section.  No other "grandfathering" shall be permitted.

     D.     Grandfather Clause.  Any business use that pre-dates these regulations and otherwise would be in violation of this Section 2-7.27 may continue to operate and be licensed as a legal non-conforming use; provided, however, that the business location of the use shall not be enlarged or increased in size or abandoned in use for a period of more than thirty (30) days.  In such event, the nonconforming use shall cease and the business shall conform in all respects to the provisions of this section. All material and equipment associated with the abandoned non-conforming use shall be completely removed from the premises by its owner.  "Abandonment" shall occur when the property owner has an intent to abandon the property's nonconforming use either by an act or a failure to act that indicates the owner retains no interest in the

use.  Wherever this Section is in conflict with Section 2-8.5, this section shall take precedence.

Section 3.  That Section 2-7.28 of the Land Development Regulations is hereby amended as follows:

          Sec. 2-7.28  ADULT ENTERTAINMENT ESTABLISHMENTS.

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B.     Definitions.  For the purposes of this Section the following words and terms shall be defined as follows:

1.     Alcoholic Beverage Establishment  Any establishment located in and licensed by the City of Key West at which alcoholic beverages are offered for sale or consumption on the premises.  See Section 5-21.2, Land Use Classifications, Bars and Lounges.

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C.     Location Criteria for Adult Entertainment Establishments.

     An adult entertainment establishment may locate within the corporate limits of the City of Key West provided that it meets all of the following criteria

     1.     Zoning Districts.  An Aadult entertainment establishments shall be a conditional permitted use in and only in

the following districts: HRCC-1 and HRCC-3.  If an adult entertainment establishment intends to operate a bar or lounge, or any other use classified as a conditional use under the land development regulations, it shall comply with the conditional use criteria for the HRCC-1 and HRCC-3 zoning districts.

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     3.     Distance from Other Uses.  No adult entertainment establishment shall be located within 200' from any parcel of land upon which any one or more of the following uses is located:

     a.     Any residential zoning district;

     b.a.     Any public park, playground, and/or open space;

     c.b.     Any public or private school;

d.c.     Any State licensed day care facility;

e.d.     Any church, synagogue or other place which is used primarily for purposes of religious worship.

f.e.     Any publicly owned building, including but not limited to City Hall, the Library, and other buildings; and

g.f.     Any alcoholic beverage establishment. engaged in the business of selling alcoholic beverages for consumption on the premises.

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     D.   Time Period for Licensing.  All City licensing approvals shall be provided to an owner of an adult entertainment establishment not later than forty-five (45) days from the date of application for an occupational license and the applicant's compliance with all building codes.

E.     Judicial Review.  Any person or firm denied licensing for an adult entertainment establishment may apply, in the manner provided by law, to the Monroe County Circuit Court for judicial relief from such decision.

Section 4.  If any section, provision, clause, phrase, or application of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, the remaining provisions of this Ordinance shall be deemed severable therefrom and shall be construed as reasonable and necessary to achieve the lawful purposes of this Ordinance.

Section 5.  All Ordinances or parts of Ordinances of said City in conflict with the provisions of this Ordinance are hereby

superseded to the extent of such conflict.

Section 6.  This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission.

Read and passed on first reading at a regular meeting held this             day of _______________, 2001.

Read and passed on final reading at a regular meeting held this               day of ______________, 2001.

Authenticated by the presiding officer and Clerk of the Commission on            day of ______________, 2001.

Filed with the Clerk ____________________, 2001.

 

                            

                JIMMY WEEKLEY, MAYOR

ATTEST:

 

                            

CHERYL SMITH, CITY CLERK