Item U2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 16. 2002
Division:
Growth Management
Bulk Item: Yes
Nol
Department: Planning
AGENDA ITEM WORDING:
Second of two public hearings to adopt an ordinance amending the Monroe County Land Development
Regulations by creating Division 17 and Sections 9.5-435 through 9.5-438 to regulate sexually
orientated businesses.
ITEM BACKGROUND:
During its regular meeting on November 21, 2001 the Board of County Commissioners directed the
Planning department to prepare a report on sexually oriented businesses located within the
unincorporated areas of the County. The Board reviewed the report and responded by directing Growth
Management staff to draft an amendment to the Land Development Regulations (LDRs) based on the
recommendations outlined in the report. The Development Review Committee recommended approval
ofthe amendment on July 2, 2002, and it was approved by the Planning Commission on July 23, 2002.
PREVIOUS REVELANT BOCC ACTION:
The first public hearing wa~ held at the regular BOCC meeting on August 21, 2001.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
,AICP
DOCUMENTATION:
Included -L
To Follow_
Not Required_
AGENDA ITEM # 0
DISPOSITION:
Revised 2/27/01
LAND DEVELOPMENT REGULATIONS
TEXT AMENDMENT
REGULATION OF SEXUALLY ORIENTED
BUSINESSES
BOARD OF COUNTY COMMISSIONERS
HARVEY GOVERNMENT CENTER
OCTOBER 16, 2002
PROPOSED TEXT AMENDMENT
SECTIONS 9.5-435 THROUGH 9.5-438 (NEW)
OF THE MONROE COUNTY CODE
THE AMENDMENT PROPOSES TO REQUIRE SEXUALLY ORIENTED
BUSINESSES TO HAVE OPAQUE WINDOWS AND DOORS; REQUIRE
A SEPARATION DISTANCE OF 500 FEET BETWEEN SEXUALLY
ORIENTED BUSINESSES AND THE FOLLOWING USES: PUBLIC
PARKS, SCHOOLS, PLACES OF WORSHIP, AREAS USED FOR
RESIDENTIAL PURPOSES, AND OTHER SEXUALLY ORIENTED
BUSINESSES; AND CREATE AN AMORTIZATION PERIOD FOR
EXISTING SEXUALLY ORIENTED BUSINESSES TO COME INTO
COMPLIANCE OR CEASE OPERATIONS.
RECOMMENDATIONS
Staff: Approval June 12, 2002 Staff Report
DRC: Approval July 2, 2002 Resolution #D12-02
PC: Approval July 23, 2002 Resolution #P50-02
BOCC: First Hearing August 21,2002 Agenda Item #V3
ORDINANCE NO. -2002
AN ORDINANCE AMENDING CHAPTER 9.5, MONROE COUNTY CODE
BY CREATING DIVISION 17 AND SECTIONS 9.5-435 THROUGH 9.5-438,
MONROE COUNTY CODE, IN ORDER TO REGULATE THE POTENTIAL
ADVRSE SECONDARY EFFECTS OF SEXUALLY ORIENTED
BUSINESSES ON SURROUNDING LAND USES; PROVIDING FOR THE
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR THE INC ORP ORA nON
INTO THE MONROE CODE; AND DIRECTING THE CLERK OF THE
BOARD TO FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, during its regular meeting on November 21, 2001 the Board of County
Commissioners directed the Planning department to prepare a report on sexually oriented
businesses located within the unincorporated areas of the County; and
WHEREAS, the report, entitled "Recommendations for the Regulation of Adult Oriented
Businesses in Monroe .County, Florida" found that sexually oriented businesses may have
negative secondary effects on surrounding land uses; and
WHEREAS, . the Board reviewed the report and responded by directing Growth
Management staff to draft an amendment to the Land Development Regulations (LDRs) based
on the recommendations outlined in the report; and
WHEREAS, the intent of the Board is not to suppress expression protected by the First
Amendment, but rather to mitigate potential deleterious secondary impacts on sensitive surrounding
land uses by establishing reasonable land use restrictions for sexually oriented businesses that will
reduce the potential secondary impacts; and
WHEREAS, during a regularly scheduled meeting held on July 2, 2002, the
Development Review Committee conducted a review and consideration of the request by the
Planning and Environmental Resources Department to add Sections 9.5-435 through 9.5-438 of
the Land Development Regulations; and
WHEREAS, the Development Review Committee passed Resolution No. D12-02
recommending approval of the proposed text amendment; and
WHEREAS, during a regular meeting held on July 23, 2002, the Monroe County
Planning Commission conducted a public hearing on the proposed text and passed Resolution
No. P50-02 recommending approval of the proposed text amendment; and
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WHEREAS, The Monroe County Board of County Commissioners were presented with
the following information, which by reference is hereby incorporated as part of the record of said
hearing:
1. The Staff Report prepared on July 25,2002; by K. Marlene Conaway, Director, Planning and
Environmental Resources,
2. Proposed changes to the Monroe County Code,
3. The sworn testimony of the Growth Management Staff,
4. Comments by the public;
WHEREAS, the Monroe County Board of County Commissioners examined the
proposed amendments to the Monroe County Code submitted by the Monroe County Planning
Department at public hearings on August 21 S\ 2002, and October 16, 2002; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
Findings of Fact based on the evidence presented:
1. The proposed regul~tion doe not intend to suppress expreSSIOn protected by the First
Amendment, and
2. The proposed regulations will allow sexually oriented businesses to locate within
unincorporated Monroe County, and
3. The proposed regulations will protect sensitive land uses from the negative impacts which
may result from a sexually oriented business;
WHEREAS, the Monroe County Board of County Commissioners makes the following
Conclusions of Law based on the evidence presented:
1. The intent of the proposed regulations is to protect sensitive land uses from the deleterious
impacts which may result from a sexually oriented business, and
2. The proposed regulations do not preclude the operation of a sexually oriented business within
the unincorporated portion of Monroe County, and
3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the proposed
regulations are consistent with the other goals, objectives, and policies set forth in the plan;
and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Monroe County Planning Commission and the staff of the Monroe County
Planning Department; and
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WHEREAS, it is the desire of the Monroe County Board of County Commissioners that
the following amendment to the Monroe County Code be approved, adopted and transmitted to
the state land planning agency for approval;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Division 17, Sections 9.5-435 through 9.5-438 of Chapter 9.5, Monroe County
Code created that reads as follows:
DMSION 17. REGULATION OF SEXUALLY ORIENTED BUSINESSES
Section 9.5-435. Purpose and Intent
(a) It is the purpose of this section to regulate sexually oriented businesses as to promote the
health, safety, and general welfare of the citizens of Monroe County, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration of sexually
oriented businesses within the unincorporated area of the county. The provisions of this section
have neither the purpose or intent of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials, or other aspects of
constitutionally protected speech. It is not the intent of the county commission to legislate with
respect to. matters of obscenity ili this section, as those matters are regulated by federal and state
..law, particularly, Chapters 800 and 847, Florida Statutes. Similarly, it is not the intent or effect
of this section to restrict or deny access by adults to sexually oriented materials protected by the
First Amendment or to deny the distributors and exhibitors of sexually oriented entertainment
access to their intended market. Neither is it the intent or effect of this section to condone or
legitimize the distribution of sexually oriented material.
Section 9.5-436. Definitions
For the purposes of this division, the terms and phrases listed below shall have the following
meanmgs:
(S-I) Sexually oriented bookstore shall mean:
An establishment that rents and/or sells sexually oriented materials in any form to the public and
meets anyone of the following three tests:
(a) the revenues from sexually oriented materials represent more than ten (10) percent of the
gross revenues of the establishment over the same period;
(b) twenty-five (25) percent or more of the stock-in-trade consists of sexually oriented materials;
(c) It advertises or recognizes itself in any forum as "XXX", "adult", "sex" or otherwise as a
sexually oriented business.
(S-2) Sexually oriented business shall mean:
Individually or in combination a sexually oriented book store, sexually oriented entertainment
establishment, or sexually oriented motion picture theater as defined herein, and any other
establishment whose employees display or expose specified anatomical areas as defined herein.
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(S-3) Sexually oriented entertainment establishment shall mean:
An establishment whose employees exhibit or display specific sexual activities or expose specified
anatomical areas while performing.
(S-4) Sexually oriented materials shall mean:
Books, magazines, periodicals, or other printed matter, or photographs, CD-ROMs or other
devices used to record computer images, films, motion pictures, video cassettes, digital video
disks (DVDs), slides or other visual representations or recordings which have as their primary or
dominant theme matter depicting, illustrating, describing or relating to specified sexual activities
or specified anatomical areas or instruments, devices or paraphernalia which are designed for use
in connection with specified sexual activities.
(S-5) Sexually oriented motion picture theater shall mean:
An establishment designed to permit the viewing of motion pictures and other film material which has
as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities
for observation by the patrons thereof.
(S-6) Specified anatomical areas shall mean:
(a) Less than completely and opaquely covered: human genitals, pubic region, the human
buttocks, and female breast below a point immediately above the top ofthe areola; and/or
(b) Human male genital~ in a dis,cernibly turgid state, even if completely covered.
.' (S-7) Specified sexual activities shall mean:
Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual
intercourse, sodomy, bestiality, or fondling or other erotic touching of human genitals, pubic region,
buttocks, or female breast.
Section 9.5-437. Applicability
(a) Sexually oriented businesses shall be allowed in land use districts that permit commercial
development per Division 2 of this Chapter with the following restrictions:
(1) No sexually oriented business shall be located within five hundred (500) feet of the
property line of any property used for residential purposes.
(2) No sexually oriented business shall be located within five hundred (500) feet of any
property used as a place of worship, a public park, or a school.
(3) No sexually oriented business shall be located within five hundred (500) feet of another
sexually oriented business.
(4) Sexually oriented businesses shall opaquely cover each window or other opening through
which a person at the establishment may otherwise see inside the establishment.
(5) Signs for a sexually oriented business shall not depict specified anatomical areas or
specified sexual activities.
(b) For the purposes of Section 9.5-436(a) distances from properties shall be calculated by
straight line measurement from property line to property line, using the closest property lines
of the parcels of land involved.
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Section 9.5-438. Non-conforming uses
(a) A sexually oriented business lawfully operating as a conforming use is not rendered a
non-conforming use by the subsequent location of a resident, a property used as a place
of worship, a park, or a school within five-hundred (500) feet of it. This provision
applies only to a legally established sexually oriented business, not to any sexually
oriented business that had been terminated for any reason or discontinued for a period of
ninety (90) days or more subsequent to the location of the residential use, place of
worship, park or school.
(b) Amortization. Within one year of the effective date of this Ordinance, all eXIstmg
sexually oriented businesses shall conform to the provisions of this Division, or the use
shall be terminated.
Section 2. If any section, subsection, sentence, clause, item, change, or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be affected by such
validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. This ordinance shall be transmitted by the Planning Department to the
, Department of Community Affairs to determine the consistency of this ordinance with the
Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission approving the ordinance.
Section 6. The Director of Growth Management is hereby directed to forward a copy
of this ordinance to the Municipal Code Corporation for the incorporation in the Monroe County
Code of Ordinances once this ordinance is in effect.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L. ~OLHAGE, CLERK
B
DEPUTY CLERK
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m:
FROM:
DATE:
RE:
Board of County Commissioners
K. Marlene Conaway, Director, Planning and Environmental Resources
July 25, 2002
Sexually Oriented Business Land Use Regulations
Memorandum
I. Background
Staff Report
During its regular meeting on November 21,2001 the Board of County Commissioners directed the
Planning department to prepare a report on sexually oriented businesses located within the
unincorporated areas of the County. The finished report, entitled "Recommendations for the
Regulation of Adult Oriented Businesses in Monroe County, Florida" was presented to the Board at
their regular meeting on May 15,2002. The Board reviewed the report and responded by directing
Growth Management staff to 'draft an amendment to the Land Development Regulations (LDRs)
,. based on the recommendations outlined in the report. The report suggested the following regulations:
1. Require sexually oriented businesses to have opaque windows and doors.
2. Require a separation distance to be determined between sexually oriented businesses and the
following uses:
· Public parks
· Schools and daycare centers
· Places of worship
· Areas used for residential purposes
· Another adult oriented business
3. Allow a reasonable amortization (or 'sunset') period for existing sexually businesses to come into
compliance or cease operations.
In addition to any regulatory language, specific definitions regarding the types of businesses affected
and what constitutes sexually oriented material will have to be adopted.
Required separation distances are typically the most effective method of mitigating the adverse
secondary effects on neighborhoods that have been found to accompany adult oriented businesses.
However, because of the unique geographical nature of Monroe County, separation distances of 1,000
feet common in other ordinances preclude all usable land area in the Keys. Also of concern are the use
of definitions that accurately target adult entertainment establishments and not other uses such as
museums, art exhibits, art and cultural performance theaters, and professional photography studios.
At their regular meeting on July 2, 2002, the Development Review Committee passed a resolution
accepting the proposed text below.
II. Proposed Text
The proposed language below is to be added under Article VII. Land Use Districts:
DNISION 17. REGULATION OF SEXUALLY ORIENTED BUSINESSES
Section 9.5-435. Purpose and Intent
(a) It is the purpose of this section to regulate sexually oriented businesses as to promote the
health, safety, and general welfare of the citizens of Monroe County, and to establish reasonable and
uniform regulations to prevent the deleterious location and concentration of sexually oriented
businesses within the unincorporated area of the county. The provisions of this section have neither
the purpose or intent of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials, or other aspects of constitutionally protected speech.
It is not the intent of the county commission to legislate with respect to matters of obscenity in this
section, as those matters are regulated by federal and state law, particularly, Chapters 800 and 847,
Florida Statutes. Similarly, it is not the intent or effect of this section to restrict or deny access by
adults to sexually oriented materials protected by the First Amendment or to deny the distributors and
exhibitors of sexually oriented entertainment access to their intended market. Neither is it the intent or
effect of this section to condone or legitimize the distribution of sexually oriented material.
Section 9.5-436. Definitions
For the purposes of this division, the terms and phrases listed below shall have the following
mearungs:
(S-l) Sexually oriented bookstore shall mean:
An establishment that rents and/or sells sexually oriented materials in any form to the public and
meets anyone of the following three tests:
(a) the revenues from sexually oriented materials represent more than ten (10) percent of the gross
revenues of the establishment over the same period;
(b) twenty-five (25) percent or more of the stock-in-trade consists of sexually oriented materials;
(c) It advertises or recognizes itself in any forum as "XXX", "adult", "sex" or otherwise as a sexually
oriented business.
(S-2) Sexually oriented business shall mean:
Individually or in combination a sexually oriented book store, sexually oriented entertainment
establishment, or sexually oriented motion picture theater as defined herein, and any other
establishment whose employees display or expose specified anatomical areas as defined herein.
(S-3) Sexually oriented entertainment establishment shall mean:
An establishment whose employees exhibit or display specific sexual activities or expose specified
anatomical areas while performing.
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(S-4) Sexually oriented materials shall mean:
Books, magazines, periodicals, or other printed matter, or photographs, CD-ROMs or other devices
used to record computer images, films, motion pictures, video cassettes, digital video disks (DVDs),
slides or other visual representations or recordings which have as their primary or dominant theme
matter depicting, illustrating, describing or relating to specified sexual activities or specified
anatomical areas or instruments, devices or paraphernalia which are designed for use in connection
with specified sexual activities.
(S-5) Sexually oriented motion picture theater shall mean:
An establishment designed to permit the viewing of motion pictures and other film material which has
as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities
for observation by the patrons thereof.
(S-6) Specified anatomical areas shall mean:
(a) Less than completely and opaquely covered: human genitals, pubic region, the human buttocks,
and female breast below a point immediately above the top of the areola; and/or
(b) Human male genitals in a discernibly turgid state, even if completely covered.
(S- 7) Specified sexual activities shall mean:
Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual
intercourse, sodomy, besqality, or fondling or other erotic touching of human genitals, pubic region,
buttocks, or female breast. .
Section 9.5-437. Applicability
(a) Sexually oriented businesses shall be allowed in land use districts that permit commercial
development per Division 2 ofthis Chapter with the following restrictions:
(1) No sexually oriented business shall be located within five hundred (500) feet of the property
line of any property used for residential purposes.
(2) No sexually oriented business shall be located within five hundred (500) feet of any property
used as a place of worship, a public park, or a school.
(3) No sexually oriented business shall be located within five hundred (500) feet of another
sexually oriented business.
(4) Sexually oriented businesses shall opaquely cover each window or other opening through
which a person at the establishment may otherwise see inside the establishment.
(5) Signs for a sexually oriented business shall not depict specified anatomical areas or specified
sexual activities.
(b) For the purposes of Section 9.5-436(a) distances from properties shall be calculated by straight
line measurement from property line to property line, using the closest property lines of the parcels
of land involved.
Section 9.5-438. Non-conforming uses
(a) A sexually oriented business lawfully operating as a conforming use is not rendered a non-
conforming use by the subsequent location of a resident, a property used as a place of worship,
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a park, or a school within five-hundred (500) feet of it. This provision applies only to a legally
established sexually oriented business, not to any sexually oriented business that had been
terminated for any reason or discontinued for a period of ninety (90) days or more subsequent
to the location of the residential use, place of worship, park or school.
(b) Amortization. Within one year of the effective date of this Ordinance, all existing sexually
oriented businesses shall conform to the provisions of this Division, or the use shall be
terminated.
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PLANNING COMMISSION RESOLUTION #P50-02
PLANNING COMMISION RESOLUTION NO. P50-02
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE BOARD OF COUNTY
COMMISSIONERS THE REQUEST FILED BY THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO ADD SECTIONS 9.5-
435 THROUGH 9.5-438 TO THE MONROE COUNTY CODE TO REQUIRE
SEXUALLY ORIENTED BUSINESSES TO HAVE OPAQUE WINDOWS
AND DOORS; REQUIRE A SEPARATION DISTANCE OF 500 FEET
BETWEEN SEXUALLY ORIENTED BUSINESSES AND THE FOLLOWING
USES: PUBLIC PARKS, SCHOOLS, PLACES OF WORSHIP, AREAS USED
FOR RESIDENTIAL PURPOSES, AND OTHER SEXUALLY ORIENTED
BUSINESSES; AND CREATE AN AMORTIZATION (OR 'SUNSET') PERIOD
FOR EXISTING SEXUALLY ORIENTED BUSINESSES TO COME INTO
COMPLIANCE OR CEASE OPERATIONS.
WHEREAS, during its regular meeting on November 21, 2001 the Board of County
Commissioners directed the Planning department to prepare a report on sexually oriented
businesses located within the unincorporated areas of the County; and
WHEREAS, the'report, entitled "Recommendations for the Regulation of Adult Oriented
.. Businesses in Monroe County, Florida" found that sexually oriented businesses may have
negative secondary effects on surrounding land uses; and
WHEREAS, the Board reviewed the report and responded by directing Growth
Management staff to draft an amendment to the Land Development Regulations (LDRs) based
on the recommendations outlined in the report; and
WHEREAS, the intent of the Board is not to suppress expression protected by the First
Amendment, but rather to mitigate potential deleterious secondary impacts on sensitive surrounding
land uses by establishing reasonable land use restrictions for sexually oriented businesses that will
reduce the potential secondary impacts; and
WHEREAS, during a regularly scheduled meeting held on July 2, 2002, the
Development Review Committee conducted a review and consideration of the request by the
Planning and Environmental Resources Department to add Sections 9.5-435 through 9.5-438 of
the Land Development Regulations; and
WHEREAS, the Development Review Committee passed Resolution No. D12-02
recommending approval of the proposed text amendment; and
WHEREAS, during a regular meeting held on July 23, 2002, the Monroe County
Planning Commission conducted a public hearing on the proposed text; and
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WHEREAS, The Planning Commission was presented with the following information,
which by reference is hereby incorporated as part of the record of said hearing:
1. The Staff Report prepared on June 12, 2002 by Robert Will, Planner.
2. The sworn testimony ofthe Growth Management Staff.
3. Advice from Bob Shillinger, the Planning Commission Counsel; and
4. Comments by the public; and
WHEREAS, the Planning Commission has made the following Findings of Fact based
on the evidence presented:
1. The proposed regulation doe not intend to suppress expreSSIOn protected by the First
Amendment, and
2. The proposed regulations will allow sexually oriented businesses to locate within
unincorporated Monroe County, and
3. The proposed regulations will protect sensitive land uses from the negative impacts which
may result from a seXually oriented business;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact support its decision
to recommend APPROVAL to the Board of County Commissioners of the addition to the text of
the Monroe County Land Development Regulations, Section 9.5-435 through 9.5-438 as follows:
DMSION 17. REGULATION OF SEXUALLY ORIENTED BUSINESSES
Section 9.5-435. Purpose and Intent
(a) It is the purpose of this section to regulate sexually oriented businesses as to promote the
health, safety, and general welfare of the citizens of Monroe County, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration of sexually
oriented businesses within the unincorporated area of the county. The provisions of this section
have neither the purpose or intent of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials, or other aspects of
constitutionally protected speech. It is not the intent of the county commission to legislate with
respect to matters of obscenity in this section, as those matters are regulated by federal and state
law, particularly, Chapters 800 and 847, Florida Statutes. Similarly, it is not the intent or effect
of this section to restrict or deny access by adults to sexually oriented materials protected by the
First Amendment or to deny the distributors and exhibitors of sexually oriented entertainment
access to their intended market. Neither is it the intent or effect of this section to condone or
legitimize the distribution of sexually oriented material.
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Section 9.5-436. Definitions
For the purposes of this division, the terms and phrases listed below shall have the following
meanmgs:
(S-l) Sexually oriented bookstore shall mean:
An establishment that rents and/or sells sexually oriented materials in any form to the public and
meets anyone ofthe following three tests:
(a) the revenues from sexually oriented materials represent more than ten (10) percent of the
gross revenues of the establishment over the same period;
(b) twenty-five (25) percent or more ofthe stock-in-trade consists of sexually oriented materials;
(c) It advertises or recognizes itself in any forum as "XXX", "adult", "sex" or otherwise as a
sexually oriented business.
(S-2) Sexually oriented business shall mean:
Individually or in combination a sexually oriented book store, sexually oriented entertainment
establishment, or sexually oriented motion picture theater as defined herein, and any other
establishment whose employees display or expose specified anatomical areas as defined herein.
(S-3) Sexually oriented entertainment establishment shall mean:
An establishment whose 'employees exhibit or display specific sexual activities or expose specified
- anatomical areas while performing.
(S-4) Sexually oriented materials shall mean:
Books, magazines, periodicals, or other printed matter, or photographs, CD-ROMs or other
devices used to record computer images, films, motion pictures, video cassettes, digital video
disks (DVDs), slides or other visual representations or recordings which have as their primary or
dominant theme matter depicting, illustrating, describing or relating to specified sexual activities
or specified anatomical areas or instruments, devices or paraphernalia which are designed for use
in connection with specified sexual activities.
(S-5) Sexually oriented motion picture theater shall mean:
An establishment designed to permit the viewing of motion pictures and other film material which has
as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities
for observation by the patrons thereof.
(S-6) Specified anatomical areas shall mean:
(a) Less than completely and opaquely covered: human genitals, pubic region, the human
buttocks, and female breast below a point immediately above the top of the areola; and/or
(b) Human male genitals in a discernibly turgid state, even if completely covered.
(S- 7) Specified sexual activities shall mean:
Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual
intercourse, sodomy, bestiality, or fondling or other erotic touching of human genitals, pubic region,
buttocks, or female breast.
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Section 9.5-437. Applicability
(a) Sexually oriented businesses shall be allowed in land use districts that permit commercial
development per Division 2 of this Chapter with the following restrictions:
(1) No sexually oriented business shall be located within five hundred (500) feet of the
property line of any property used for residential purposes.
(2) No sexually oriented business shall be located within five hundred (500) feet of any
property used as a place of worship, a public park, or a school.
(3) No sexually oriented business shall be located within five hundred (500) feet of another
sexually oriented business.
(4) Sexually oriented businesses shall opaquely cover each window or other opening through
which a person at the establishment may otherwise see inside the establishment.
(5) Signs for a sexually oriented business shall not depict specified anatomical areas or
specified sexual activities.
(b) For the purposes of Section 9.5-436(a) distances from properties shall be calculated by
straight line measurement from property line to property line, using the closest property lines
of the parcels of land involved.
Section 9.5-438. Non-c~nforming uses
- (a) A sexually oriented business lawfully operating as a conforming use is not rendered a
non-conforming use by the subsequent location of a resident, a property used as a place
of worship, a park, or a school within five-hundred (500) feet of it. This provision
applies only to a legally established sexually oriented business, not to any sexually
oriented business that had been terminated for any reason or discontinued for a period of
ninety (90) days or more subsequent to the location of the residential use, place of
worship, park or school.
(b) Amortization. Within one year of the effective date of this Ordinance, all eXIstmg
sexually oriented businesses shall conform to the provisions of this Division, or the use
shall be terminated.
[The remainder of this page left intentionally blank]
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PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida, at
a regular meeting held on the 23rd day of July 2002.
Chair David C. Ritz
Vice Chair Denise Werling
Commissioner P. Morgan Hill
Commissioner Jerry Coleman
Commissioner Alicia Putney
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
David C. Ritz, Chair
Signed this _ day of
,2002.
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\\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Adult Use Regulation\PC\PC Reso
#P50-02.doc
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #D12-02
DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D12-02
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING
COMMISSION OF THE REQUEST FILED BY THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO ADD SECTIONS 9.5-
435 THROUGH 9.5-438 TO THE MONROE COUNTY CODE TO REQUIRE
SEXUALLY ORIENTED BUSINESSES TO HAVE OPAQUE WINDOWS
AND DOORS; REQUIRE A SEPARATION DISTANCE OF 500 FEET
BETWEEN SEXUALLY ORIENTED BUSINESSES AND THE FOLLOWING
USES: PUBLIC PARKS, SCHOOLS, PLACES OF WORSHIP, AREAS USED
FOR RESIDENTIAL PURPOSES, AND OTHER SEXUALLY ORIENTED
BUSINESSES; AND CREATE AN AMORTIZATION PERIOD FOR
EXISTING SEXUALLY ORIENTED BUSINESSES TO COME INTO
COMPLIANCE OR CEASE OPERATIONS.
WHEREAS, during its regular meeting on November 21, 2001 the Board of County
Commissioners directed the Planning department to prepare a report on sexually oriented
businesses located within the unincorporated areas of the County; and
WHEREAS, the'report, entitled "Recommendations for the Regulation of Adult Oriented
- Businesses in Monroe County, Florida" found that sexually oriented businesses may have
negative secondary effects on surrounding land uses; and
WHEREAS, the Board reviewed the report and responded by directing Growth
Management staff to draft an amendment to the Land Development Regulations (LDRs) based
on the recommendations outlined in the report; and
WHEREAS, the intent of the Board is not to suppress expression protected by the First
Amendment, but rather to mitigate potential deleterious secondary impacts on sensitive surrounding
land uses by establishing reasonable land use restrictions for sexually oriented businesses that will
reduce the potential secondary impacts; and
WHEREAS, during a regularly scheduled meeting held on July 2, 2002, the
Development Review Committee conducted a review and consideration of the request by the
Planning and Environmental Resources Department to add Sections 9.5-435 through 9.5-438 of
the Land Development Regulations; and
WHEREAS, the Development Review Committee examined the staff report prepared by
Robert Will, Planner and dated June 12, 2002; and
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of fact
supports their decision to recommend APPROV AL to the Monroe County Planning
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Commission of the proposed text amendment to the Monroe County Land Development
Regulations as follows:
DMSION 17. REGULATION OF SEXUALLY ORIENTED BUSINESSES
Section 9.5-435. Purpose and Intent
(a) It is the purpose of this section to regulate sexually oriented businesses as to promote the
health, safety, and general welfare of the citizens of Monroe County, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration of sexually
oriented businesses within the unincorporated area of the county. The provisions of this section
have neither the purpose or intent of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials, or other aspects of
constitutionally protected speech. It is not the intent of the county commission to legislate with
respect to matters of obscenity in this section, as those matters are regulated by federal and state
law, particularly, Chapters 800 and 847, Florida Statutes. Similarly, it is not the intent or effect
of this section to restrict or deny access by adults to sexually oriented materials protected by the
First Amendment or to deny the distributors and exhibitors of sexually oriented entertainment
access to their intended market. Neither is it the intent or effect of this section to condone or
legitimize the distribution of sexually oriented material.
Section 9.5-436. Definitions
" For the purposes of this division, the terms and phrases listed below shall have the following
meanmgs:
(S-1) Sexually oriented bookstore shall mean:
An establishment that rents and/or sells sexually oriented materials in any form to the public and
meets anyone of the following three tests:
(a) the revenues from sexually oriented materials represent more than ten (10) percent of the
gross revenues of the establishment over the same period;
(b) twenty-five (25) percent or more of the stock-in-trade consists of sexually oriented materials;
(c) It advertises or recognizes itself in any forum as "XXX", "adult", "sex" or otherwise as a
sexually oriented business.
(S-2) Sexually oriented business shall mean:
Individually or in combination a sexually oriented book store, sexually oriented entertainment
establishment, or sexually oriented motion picture theater as defined herein, and any other
establishment whose employees display or expose specified anatomical areas as qefined herein.
(S-3) Sexually oriented entertainment establishment shall mean:
An establishment whose employees exhibit or display specific sexual activities or expose specified
anatomical areas while performing.
(S-4) Sexually oriented materials shall mean:
Books, magazines, periodicals, or other printed matter, or photographs, CD-ROMs or other
devices used to record computer images, films, motion pictures, video cassettes, digital video
disks (DVDs), slides or other visual representations or recordings which have as their primary or
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dominant theme matter depicting, illustrating, describing or relating to specified sexual activities
or specified anatomical areas or instruments, devices or paraphernalia which are designed for use
in connection with specified sexual activities.
(S-5) Sexually oriented motion picture theater shall mean:
An establishment designed to permit the viewing of motion pictures and other film material which has
as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities
for observation by the patrons thereof.
(S-6) Specified anatomical areas shall mean:
(a) Less than completely and opaquely covered: human genitals, pubic region, the human
buttocks, and female breast below a point immediately above the top of the areola; and/or
(b) Human male genitals in a discernibly turgid state, even if completely covered.
(S- 7) Specified sexual activities shall mean:
Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual
intercourse, sodomy, bestiality, or fondling or other erotic touching of human genitals, pubic region,
buttocks, or female breast.
Section 9.5-437. Applicability
(a) Sexually oriented businesses shall be allowed in land use districts that permit commercial
development per Division 2 of this Chapter with the following restrictions:
(1) No sexually oriented business shall be located within five hundred (500) feet of the
property line of any property used for residential purposes.
(2) No sexually oriented business shall be located within five hundred (500) feet of any
property used as a place of worship, a public park, or a school.
(3) No sexually oriented business shall be located within five hundred (500) feet of another
sexually oriented business.
(4) Sexually oriented businesses shall opaquely cover each window or other opening through
which a person at the establishment may otherwise see inside the establishment.
(5) Signs for a sexually oriented business shall not depict specified anatomical areas or
specified sexual activities.
(b) For the purposes of Section 9.5-436(a) distances from properties shall be calculated by
straight line measurement from property line to property line, using the closest property lines
of the parcels of land involved.
Section 9.5-438. Non-conforming uses
(a) A sexually oriented business lawfully operating as a conforming use is not rendered a
non-conforming use by the subsequent location of a resident, a property used as a place
of worship, a park, or a school within five-hundred (500) feet of it. This provision
applies only to a legally established sexually oriented business, not to any sexually
oriented business that had been terminated for any reason or discontinued for a period of
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ninety (90) days or more subsequent to the location of the residential use, place of
worship, park or school.
(b) Amortization. Within one year of the effective date of this Ordinance, all eXIstmg
sexually oriented businesses shall conform to the provisions of this Division, or the use
shall be terminated.
PASSED AND ADOPTED By the Development Review Committee of Monroe County,
Florida at a regular meeting held on the 2nd day of July, 2002.
Fred Gross, Director, Lower Keys Island Planning Team
Ralph Gouldy, Senior Administrator, Environmental Resources
Shawn Matthews, Senior Administrator, Policy and Planning
Robert Will, Planner
Department of Health (by fax)
Department of Public Works (by fax)
Department of Engineering (by fax)
YES
YES
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By.
Fred Gross, DRC Chair
Signed this _ day of
,2002.
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