8643-95 Amending Chapter 21 Article 1 Section 21-1 Zoning Regulations Appicable to Adult Businesses

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ORDINANCE NO. 8 6413c96 . SUBSTITUTE BILL AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 1, SECTION 21-1 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING ZONING REGULATIONS APPLICABLE TO ADULT BUSINESSES STATEMENT OF PURPOSE AND INTENT It is a lawful and proper purpose of the Common Council of the City of South Bend, Indiana, to enact zoning and licensing ordinances to protect and promote the general welfare, health and safety of the residents of the City of South Bend. The Common Council of the City of South Bend determines that convincing documented evidence exists demonstrating that sexually oriented businesses, hereinafter defined and referred to as adult businesses, due to their nature, have a deleterious effect on their surroundings, particularly when they are located in close proximity to each other, contributing to a decline in property values and quality of life in adjacent areas and contributing to increased crime, including prostitution, and urban blight . The Common Council of the City of South Bend has previously adopted zoning ordinances requiring the dispersal, and regulating the location, of adult businesses within the City of South Bend. This ordinance amends certain definitions currently found within the City' s zoning ordinance, codified at Chapter 21 of the South Bend Municipal Code, to clarify certain definitions found therein pertaining to adult uses. This ordinance also adds to the definitions found at Chapter 21, the terms Escort, Escort Agency and Adult Motel, and classifies Escort Agencies and Adult Motels as adult uses, subject to the regulations of Chapter 21 concerning adult uses . The Common Council finds that the operation of an adult motel, as defined by this ordinance, in the City of South Bend suggests the likelihood that prostitution is occurring on the premises and warrants the characterization as an adult use. The Common Council also finds it advisable to implement certain licensing requirements for adult uses in order to support the intent of the zoning ordinance. An ordinance establishing such licensing requirements is to be considered by the Common Council at the same time as this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : SECTION I . Section 21-1 (a) of the South Bend Municipal Code shall be and hereby is amended to modify certain definitions which definitions shall be amended to read as follows :