Loading...
HomeMy WebLinkAboutOrdinance 230 Adult Entertainment ORDINANCE NO. 230 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, RESTRICTING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING DEFINITIONS; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, anticipates that there may be the establishment of adult book stores, adult theatres, and adult cabarets featuring nude or semi-nude enter- tainment; and WHEREAS, the City of Winter Springs, Florida, finds that to safeguard the health, safety and welfare of the community it is necessary and advisable to regulate and restrict the establishments subject hereto. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - This Ordinance is adopted pursuant to Article VIII, Section 2 under the State Constitution and Section 166.021 of the Florida Statutes. SECTION II - Adult bookstores, adult theatres, and adult cabarets featuring nude or semi-nude entertainment (as defined below) shall be the establishments subject to this Ordinance. SECTION III - Establishments subject hereto may be located only in C-l and C-2 zoning as defined by the Code of the City of Winter Springs, Section 44.47 and 44.53. SECTION IV - Establishments subject hereto shall not be located adjacent to residential zones or uses. SECTION V - Establishments subject hereto shall not be located within five hundred (500) feet of schools, churches, parks, playing fields or other areas in which large numbers of minors regularly travel or congregate. SECTION VI - An establishment subject hereto shall not be located within five thousand (5,000) feet of another establishment which is also subject to this Ordinance. Jan. 81 Mary T. Norton Signed City Clerk SECTION VII - Buildings shall meet all applicable safety standards of Chapter V of the Code of Ordinances of the City of Winter Springs. SECTION VIII - No signs or other structures shall be placed, erected, or used on the premises except as provided for in the Code of Ordinances of the City of Winter Springs, Sections 5-112 through 5-119. SECTION IX - Advertisements, displays, or other pro- motional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas public or semi-public and such displays shall be considered as signs. SECTION X - All building openings, entries, windows, etc. for subject establishments shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semi-public areas and for new construction the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas. SECTION XI - DEFINITIONS: A. ADULT BOOK STORE: An establishment which has a substantial or significant portion of its stock in trade in books, magazines, or other periodicals and which are distinguished or characterized by the emphasis on matters depicting, describing or relating to matters as defined in Section 847.012, Florida Statutes. B. ADULT THEATRE: A building or structure which is used for the viewing of performances or activities by others whether such performances are in the form of live shows, motion pictures, slide shows, or other forms of photographic or visual display and which are distinguished or characterized by the emphasis on matters depicting, describing or relating to matters as defined in Section 847.013, Florida Statutes. - 2 - C. ADULT CABARET: A cabaret which features go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers. SECTION XII - SEVERABILITY: If any section or portion of a section or subsection of this Ordinance proves to be in- valid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of section or subsection or part of this Ordinance. SECTION XIII - CONFLICTS: That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION XIV - EFFECTIVE DATE: This Ordinance shall take effect upon its final passage and adoption. PASSED AND ADOPTED this 10th day of February, 1981. CITY OF WINTER SPRINGS, FLORIDA By: Troy J. Piland, MAYOR ATTEST: Mary T. Norton CITY CLERK FIRST READING 12/23.1980 SECOND READING 1/27/81 - 3 - 'l~ P ~/ NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS To Whom It May Concern: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing on Tuesday, January 27, 1981, at 7:30 p. m. or as soon thereafter as possible, to consider the adoption of the following ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, RESTRICTING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING DEFINITIONS; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine the same prior to the hearing. All interested parties are invited to attend and be heard. Persons are advised that, if they decide to appeal any decision made at these meetings-hearings, they will need a record of the proceedings, and for such purpose, they may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, per Ch. 80-150, Laws of Florida. Dated this 5th day of January, 1981. CITY OF WINTER SPRINGS ~/.~ Mary T. Norton, City Clerk SENTINEL STAR Published Daily AltamQnle' Spring~, Seminole County~ Florida ~t(tte of ~lorio(t ( C'Ot::\'TY OF ORA""GE \ 58. Before the undersigned authority personally appeared Marie M. Minner , who on oath says that she is the Legal Advertising Representative of the Sentinel Star, a Daily newspaper published at Altarnonte Springs, in Seminole County, Florida; that the attached copy of ad- in the matter of An u[ vertisement, beil!g" No tice Public Hearing January 27, O:tdillall~e resLri-.;Lil1l;j LlH= Adult Entertainment estab- 1ishments,etc. was published in said newspaper in the issues of January 11, 1981 1981 re: 1UL:dL.iUll in the Court, Affiant further says that the said Sentinel Star is a newspaper published at AI- tamonte Springs, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant fm.ther says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pub- lication in the said newspaper. /J) /}A.-< -L I ~m dX1 " ,?-Y1~""""'.l..4-(.....-'" Sworn. to and subscribed before me this 14th day oL January 81 A.D., 19_ ~&l=., ~ .~~.~ \,:s \Notary Pu ~ tMary Public, State of Florida at Larg~ My Commission Expires Jan. 21, 1984 ~v ~ . ADVERTISING CHARGE $18.34 NOTICE OF PUBLIC HEARING CITY OF WINTER SPRING$ TO Whom It May Concern: NOTICE is HEREBY GIVEN by the City Council of the City of Winter Springs. Florida, that said City Council will hoid a. public hellring on TUesdIlY,' January 27, 1981, lit 7:30 p. m. or as , soon thereaf1er as po~ible, to consider the adoption of the foll.owing ordinance by the City of Winter Springs, Florida, litle of which is as follows,: . AN ORDINANCE OF tHE CITY OF WINTER SPRI/'jGS. FI,.ORIDA. RE- STRICTING HiE LOCATION OF ADULT '~NTERTAINMENT ESTAB- LISHMENTS; PROVIDING DEFINI- TiONS; PROVIDING FOR CON- FLICTS, SEVERABII,.ITY ANDEF- , FIOCTIVE DiI.TE. I A copy of said Ordinance sball be available at the office oUhe City Clerk of the City of Winter Springs. Florida. for all persons desiring' to examine the same prior to the hearing. - ... \ All interested parties are invJted to al- lend and be beard. F;'ersons are advised that, if they de- cide to appeal any decision made at these meetings-hearings. they willl)eed a record of the proceedings, and for such purpose, they may need to. insure that a verbatim' record of lhe proceed- .ngs is made, which recor(l. includes the lestimony and evidence upon .which the' appeal is to be based, per Ch. 80.150, Laws of Florida. Dated this 5lhday of January, 1981. CITY OF WINTER SPRINGS /s/ Mary T. Norton Mary T. Norton, City Clerk L8-779(6S) Jan.11,1981 FORM 291 C .., Evening Herald An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared.........,................. . , , . n ~j.ti h. F.". . (~.q~jJ ?Y. . . , . . . . . , . . . . , . . , . . . . . . . . . . . . . . . . who. an oath says that he is ..., .or.fi.r.:;e. .1':'aD2l:F'..l,'...........,.. .of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy af advertise- ment, being a.......,.. .L.eg.al. .p.\jO.C1.C8........................... .in the matter of . '. '.~!l" '." V'TrUI' UF UI'c.JI.j.......... . .PutJl.i c. . HE'. ,JI'.Hlg. .1'8.:'. .l~~jji~.J..l..l.,Ihi.\. ..\~.i~,:. '" . .Ii. ..... . .'.\... ........,......... .. . .. . .. . .. . , .. .. . .. . .. . .. . . .. .. . .. . .. . .. . .. , , .. . , . . .. . .. in the. .. P :!',C: l;Ji. ~.. .. Court, was published in said newspaper in the issues af. . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . , . . . . . . . . . . . , . , . , . . . . . . . . . . .J cln U.;:J r.y. . 9., . .:t. 9.e l. . . , , . . . . . . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . , Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanfard, in said Seminole Caunty, Flarida, and that the said newspaper has heretafare been cantinuausly published in said Seminale Caunt~ Flarida, and has been entered as second class mail matter at the post office in Sanford, in said Seminale Caunty, Flarida, for a period af ane year next preceding the first publicatian of the attached copy af advertisement; and affiant further says that he has neither paid nor pramised any person, firm or carparatian any discaunt, rebate, commissian or refund far the purpase af securing this advertisement for publicatian in the said newspaper. Sworn to and subscribed before me this . . . . . . , . . . . . . . . . . . . . . . , . . . . . . .~ ~.l: . . day of --) l ~.. .~~; .J\jn~.a. .~.. ....~. ..~~ D. 1~~~. ,'" . V<i . ,.~t 'Jp~... . SEAL).. N y Public ota Pul5Tic, State of Florida at large My commission expires June 12 1983 ,Aond.ed with Lawyers Surety Corp. R~~.R--7H . CITY OF WINTER SPR INGS. Notice of PUblic Hearing To Whom It.May Concern: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, tt,at said City Council will hold a public hearing on Tuesday, January 27, 1981, at 7:30 p.m. or as soon thereafter as possible, to consider the adoption of the following or- dinance by th~ City of Winter springS, Florif\!~i:*We;of whichuS as followS: ,'oI}'~'X AN ORPIN~'Net;oF THE CITY OF WINT,.ER:SPRINGS, FLORIDA,'~~rRICTING THE LOCA TION O'f:; Af;lIJL TENTER- TAl NME Nt'f'~st ABL ISH- MENTS; PRdVIDtN~ DEFINI. TlONS;. p' ',riGFOR CON. FLlCTS, RAB(4ITY AND EFFECTI TE. A copy' ordInance shall , be ava',QtfJce of the City!t~t Winter Sprin . ,.~jt persons desiri the same prior to the . ".."; , All ill.. to atte Pers decide made they C'." a record of the proceecil~lI!1' and for such purpose, they m . .. . to in~re that a verbati d of f~e proced- din9s is , whicflirecord in. eludes t . mony a~ evidence upon wh, e appea~ is to be based, per>h. 80-150, Laws of Florida. " Dated th 1981, City of ~r Springs Mary T. Norton, City Clerk Publish Jan. 9, 1981 DEE.29 Pilrtie~a. re invited hear:'1It dvlsed that, if they eal any decision meeting-hearings, day of January, ....