City Tables Draft Of Sexually Oriented Business Rules
August 15, 2017 at 5:08 p.m.
The draft ordinance to amend the sexually oriented business (SOB) section of the city’s zoning ordinance was tabled by the Warsaw Plan Commission Monday night for further study.
It will be brought back up at the commission’s Sept. 11 meeting. If the commission approves it, their recommendation will be sent to city council for consideration. The city council will have to approve the ordinance on two readings after having public hearings on the ordinance. Monday night’s plan commission meeting was a public hearing on the ordinance, with no one from the public speaking up about it.
Presentations on the ordinance were given to the city council and plan commission previously by Building and Planning Department intern Patrick Jennings.
City Planner Jeremy Skinner reminded the plan commission that there were things they had to consider when looking at SOB regulations.
“The real issue you have is time, place and manner. And that’s what this ordinance is really outlining, those regulations of time, place and manner,” Skinner said.
He reminded the five of nine plan commission members present that they all had, as part of their information, all the case studies for SOBs and how to approve an ordinance for an SOB.
“It’s vital, from a deep-end standpoint, that we communicate that to you and that you understand that you read those and understand the regulations that you’re making and the reasons why you’re making those regulations,” Skinner said.
While Skinner recommended the council and commission read all 23 studies provided to them, he will narrow the list down to the three most important studies and let the plan commission and city council know which three they should read.
“I don’t have a time parameter set on this,” Skinner said about a time table for the SOB ordinance.
City attorney Mike Valentine said he got in contact with the law firm in Tennessee that defends these type of cases on SOBs and also bought their book.
“Controlling these through zoning, that is really the section that really applied,” Valentine said.
“The only thing that bothered me – and our ordinance could be attacked, even if we adopt this one – the underlying basis for it is that ... (SOBs) causes more crime, it deflates property values. A lot of these bad things. We can go out and do our own study, but the Supreme Court has said you can rely on studies from other areas. And that’s exactly what Jeremy has done, and the studies are there,” Valentine said.
Valentine said he didn’t think the plan commission needed to be as well versed in the studies as the city council needs to be. If the ordinance was challenged in court, it would be city council members who would have to testify in court.
“The council’s standard is going to be higher,” Valentine said.
There are two things Skinner recommended the plan commission change to the proposed draft. Skinner recommended SOBs should be at least 1,000 feet from a youth service center or organization and the Warsaw Technology Park.
Plan Commission Vice President Rick Keeven asked Valentine if he was comfortable that the draft ordinance meets the necessary standards for First Amendment and property rights and such.
“I’m convinced it’s defensible,” Valentine responded.
Keeven later said he wanted to study the cases further. Commission President Tom Allen made the motion to table the matter to the September meeting, and his motion was unanimously approved.
The draft ordinance to amend the sexually oriented business (SOB) section of the city’s zoning ordinance was tabled by the Warsaw Plan Commission Monday night for further study.
It will be brought back up at the commission’s Sept. 11 meeting. If the commission approves it, their recommendation will be sent to city council for consideration. The city council will have to approve the ordinance on two readings after having public hearings on the ordinance. Monday night’s plan commission meeting was a public hearing on the ordinance, with no one from the public speaking up about it.
Presentations on the ordinance were given to the city council and plan commission previously by Building and Planning Department intern Patrick Jennings.
City Planner Jeremy Skinner reminded the plan commission that there were things they had to consider when looking at SOB regulations.
“The real issue you have is time, place and manner. And that’s what this ordinance is really outlining, those regulations of time, place and manner,” Skinner said.
He reminded the five of nine plan commission members present that they all had, as part of their information, all the case studies for SOBs and how to approve an ordinance for an SOB.
“It’s vital, from a deep-end standpoint, that we communicate that to you and that you understand that you read those and understand the regulations that you’re making and the reasons why you’re making those regulations,” Skinner said.
While Skinner recommended the council and commission read all 23 studies provided to them, he will narrow the list down to the three most important studies and let the plan commission and city council know which three they should read.
“I don’t have a time parameter set on this,” Skinner said about a time table for the SOB ordinance.
City attorney Mike Valentine said he got in contact with the law firm in Tennessee that defends these type of cases on SOBs and also bought their book.
“Controlling these through zoning, that is really the section that really applied,” Valentine said.
“The only thing that bothered me – and our ordinance could be attacked, even if we adopt this one – the underlying basis for it is that ... (SOBs) causes more crime, it deflates property values. A lot of these bad things. We can go out and do our own study, but the Supreme Court has said you can rely on studies from other areas. And that’s exactly what Jeremy has done, and the studies are there,” Valentine said.
Valentine said he didn’t think the plan commission needed to be as well versed in the studies as the city council needs to be. If the ordinance was challenged in court, it would be city council members who would have to testify in court.
“The council’s standard is going to be higher,” Valentine said.
There are two things Skinner recommended the plan commission change to the proposed draft. Skinner recommended SOBs should be at least 1,000 feet from a youth service center or organization and the Warsaw Technology Park.
Plan Commission Vice President Rick Keeven asked Valentine if he was comfortable that the draft ordinance meets the necessary standards for First Amendment and property rights and such.
“I’m convinced it’s defensible,” Valentine responded.
Keeven later said he wanted to study the cases further. Commission President Tom Allen made the motion to table the matter to the September meeting, and his motion was unanimously approved.