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HomeMy WebLinkAbout1995-R-18No. 95-R-/cC A RESOLUTION REQUESTING A PROPOSAL BY THE CITY PLAN COMMISSION FOR AMENDMENT OF THE CITY ZONING ORDINANCE BE IT RESOLVED by the Common Council of the City of Jeffersonville that pursuant to Indiana Code 36-7-4-602, the Jeffersonville Plan Commission should prepare a proposal to amend the text of the City's previously adopted Zoning ordinance so as to accomplish the following regulation of certain businesses: a) To prohibit operating or patronizing a commercial establishment where partially or totally nude entertainers or employees are present and the establishment offers alcoholic beverages for sale; b) To prohibit operating or patronizing a commercial establishment where employees use or wear. any device or clothing which is intended to give the appearance of human male or female genitals, pubic area or buttocks or the human female breast when the establishment offers alcoholic beverages for sale; c) To create a classification of businesses which, because of their nature, are recognizexl as having an increased capability of having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. These classification of business uses should include, but not be limited to, the following: Adult book stores Adult en~rtainment clubs Adult motion picture theaters Adult mini motion picture theaters Cabarets Establishments selling liquor or intoxicating beverages Pawn shops Pool or billiard halls Hotels or motels Public lodging houses Secondhand stores Video arcades This classification of businesses should be regulated so that, absent a variance or waiver: a) They not be located within Five Hundred (500) foot of any area zoned for residential usage; and b) No more than two (2) of this classification of businesses are located within One Thousand (1,000) foot of one another. In the event of a business beconing a non-conforming use upon passage of an ordinance to this effect, where no variance or waiver is granted, the business shall have a reasonable time to conform or relocate, as follows: Fair market value of business at time of passage of ordinance Time to conform or relocate business $0 to $5,000 ........................ 1 year $5,001 to $10,000 ................... 2 years $10,001 to $20,000 ................... 3 years $20,001 or more ..................... 4 years No variance or waiver should be permitted with regard to the distance Adult book stores, Adult entertainment clubs, Adult motion picture theaters, Adult mini motion picture theaters and Cabarets must be located from residentially zoned areas and other businesses in this classification. Passed and adopted by the Common Council of the City of Jeffersonville, Clark County, State of Indiana, on this ~ day of September, 1995. ATTEST: C. RICHARD SPEq~ER, . CLERK-TREASURER Seen and approved by me this PI~GG~7,1~. ~r~ILDE~[, PRI~IDENT PRESIDENT, COMMON COUNCIL day of September, 1995. ~lbNl~ ~. PA~-,KER, J~., MAYOR