Resolution 464-2001
Commissioner Murray Nelson
RESOLUTION NO. 464
-2001
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA DIRECTING THE PLANNING DEPARTMENT
TO PREPARE A REPORT ON ADULT BUSINESSES IN THE
UNINCORPORATED AREA OF MONROE COUNTY.
WHEREAS, the BOCC are concerned that adult use type businesses are causing
deleterious secondary effects in unincorporated Monroe County;
WHEREAS, the BOCC recognizes that under YounQ v. American Mini Theatres. Inc., 427
US 50 (1976); and City of Renton v. Playtime Theatre. Inc., 475 US 41 (1986), land use
regulations that restrict the location of adult businesses must be content neutral and limited in
scope to remedying only those harmful secondary effects that have been determined to exist;
and
WHEREAS, it is desired to have the Planning Department to undertake a study of the
unincorporated area of Monroe County to determine the number and nature of adult businesses,
the adverse secondary effects, and the possible locations land use districts, and other content
neutral regulations for such businesses that will result in the effects being limited; now,
therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. For the purpose of this resolution adult business means a commercial
establishment which, as its principal business purpose, offers for rental or sale sexually explicit
material or features sexually explicit or nude entertainment.
Section 2. The Planning Department is hereby directed to prepare for the Board's use
in determining the need for an adult business land use regulation and, if needed, the scope of
the regulations, a report containing the following:
a)
County;
the location of existing and proposed adult businesses in unincorporated Monroe
b) the trade area of adult businesses, in other words, from what areas do the adult
businesses draw their customers;
c) an evaluation of the impacts of adult businesses including:
(i) the incidence of crime in the vicinity of the businesses;
(ii) the effect on the value of commercial property in the vicinity of adult
businesses;
(iii) the effect on the value of residential property in the vicinity of adult
businesses.
d) recommendations for potential locations and land use districts for adult
businesses and recommendations for other regulations, e,g. mandatory distances between adult
businesses and non-adult uses, that will minimize the harmful secondary effects that the
Planning Department has found to have occurred, or likely to occur, with existing or proposed
adult businesses.
Section 3. The Planning Department is directed to complete the report described in
Section 2 within six months of the date of this resolution, if possible.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 20th day of November, 2001.
Commissioner George Neugent
Commissioner Nora Williams
Commissioner Murray Nelson
Com issioner Dixie Spehar
Charles McCoy
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN , LORIDA
Mayor/Chairperson
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By
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