City of Gainesville - File #: 090643.

• File #: 090643.
• Version: 1
• Name: AMENDMENTS TO LAND DEVELOPMENT CODE RELATING TO SEXUALLY ORIENTED BUSINESSES (B)
• Type: Ordinance
• Status: Adopted
• File created: 4/1/2010
• In control: City Attorney
• Final action: 4/15/2010
• Title: AMENDMENTS TO LAND DEVELOPMENT CODE RELATING TO SEXUALLY ORIENTED BUSINESSES (B) Ordinance No. 0-10-02, Petition PB-09-124-TCH An ordinance of the City of Gainesville, Florida, amending the Land Development Code related to sexually oriented businesses; by revising the definitions for sexually oriented businesses; by allowing certain types of sexually oriented businesses as uses by right in the Tourist-Oriented Business District (BT), General Business District (BUS) and General Industrial District (I-2); by stating the intent, purpose and findings for the regulation of sexually oriented businesses; by imposing spacing requirements and design restrictions; by allowing for limited retail sales as an accessory use to retail trade establishments; by providing for permitted nonconforming uses; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

Date	Ver.	Action By	Action	Result
4/15/2010	1	City Commission	Adopted on Final Reading (Ordinance)	Pass
4/1/2010	1	City Commission	Adopted on First Reading (Ordinance)	Pass
1/21/2010	0	City Commission	Approved (Petition) as Modified	Pass

title
AMENDMENTS TO LAND DEVELOPMENT CODE RELATING TO SEXUALLY ORIENTED BUSINESSES (B)

Ordinance No. 0-10-02, Petition PB-09-124-TCH
An ordinance of the City of Gainesville, Florida, amending the Land Development Code related to sexually oriented businesses; by revising the definitions for sexually oriented businesses; by allowing certain types of sexually oriented businesses as uses by right in the Tourist-Oriented Business District (BT), General Business District (BUS) and General Industrial District (I-2); by stating the intent, purpose and findings for the regulation of sexually oriented businesses; by imposing spacing requirements and design restrictions; by allowing for limited retail sales as an accessory use to retail trade establishments; by providing for permitted nonconforming uses; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

recommendation
The City Commission adopt the proposed ordinance.

explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT

The purpose of this ordinance is to address potential legal issues related to how the City allows adult and sexually oriented businesses. The City's current zoning regulations only allow such businesses in the Tourist-Oriented Business District (BT) and there are only a few sites available within the BT zoning district. The City Commission authorized staff to hire a consultant to review the City's land development regulations related to this issue. In 2008, the City retained Duncan Associates to assist in updating the portions of its zoning ordinance that deal with sexually oriented businesses, or adult entertainment.

The consultant advised that local governments can legitimately regulate sexually oriented businesses differently from businesses that are otherwise similar if the purpose of the regulations is to reduce "negative secondary effects" of such businesses. Measurable s...