Public Hearing: YES ☒ NO ☐ Department: Planning and Sustainability
SUBJECT:
Title
Commission District(s): All Districts
Application of Director of Planning and Sustainability to Amend Applicable Sections in Chapter 27 of the Zoning Ordinance of DeKalb County to Reflect the Updates of Chapter 15, Article XII, Adult Entertainment Establishments.
Body
Information Contact: Rachel Bragg, Deputy Director, Planning & Sustainability
Phone Number: 404-371-2155
PURPOSE:
To amend applicable Sections in Chapter 27 of the Zoning Ordinance of DeKalb County to reflect the updates of Chapter 15, Article XII, Adult Establishments; including but not limited to replace ”adult entertainment establishments” with the term ”adult establishment;” to update the overlay district use lists, definitions, and the use table.
NEED/IMPACT:
To establish zoning standards consistent with current case law, including decisions from the Eleventh Circuit Court of Appeals, updating lot minimums, setback requirements, distance requirements. Removing the permitted use of Adult Establishments in C-2 districts and adding the permitted use in M (Industrial) districts and removing the permitted use of Adult Establishments in overlay districts. Allowing the County to mitigate the deleterious effects associated with the use while protecting constitutional expression.
FISCAL IMPACT:
The fiscal impact of the proposed amendment is neutral.
RECOMMENDATION:
Recommended Action
APPROVAL