Board discusses adult entertainment district
District would restrict operation and location, and protect residents
Staff reporter
Hillsboro Community Planning and Development Commission met Thursday in regular session and discussed the zoning of adult entertainment.
Steve Garrett, city administrator, had suggested that the city's planning and zoning consultant provide an example of an ordinance for the special district due to the growing number of adult book and video stores opening in neighboring counties.
"It's been a while since we've discussed this," said Garrett, "but with the growing interest along I-70, I think we should talk about it again."
The most recent adult store that Garrett was referencing was in Dickinson County, near Abilene. Although under county jurisdiction, Garrett wants the city to be prepared for this type of business.
Garrett indicated that he would like to present a letter to the Marion County Planning Commission indicating the Hillsboro planning commission's concerns. The letter would suggest the county review regulating adult businesses or the county could extend the city's zoning within three miles of the city limits.
John Riggs, the city's consultant for planning and zoning, said in the past year he has had several clients concerned about this issue.
"You can't outlaw the business," said Riggs, "because it falls under the freedom of speech. But you can control it."
Riggs distributed copies of court cases to the commission related to adult entertainment businesses and gave explanations.
One court case was upheld because the city had followed its ordinance. In another court case, the city lost the case because it did not show the negative effects the business had on the community.
"In 1879 the high court ruled cities and counties have the right to make rules but have to state the purpose," said Riggs.
Riggs presented a sample ordinance for the commission to review that would control adult entertainment. Riggs said the City of Marion has had an ordinance in place for several years. Marion has the zone as an overlay, said Riggs, but he said it would be more effective as a separate district.
The commission, Garrett, and Riggs further discussed the various aspects of the ordinance and regulations.
A psychiatrist or psychologist that has a sex clinic is not the same as entertainment. A video store or convenience store that carries questionable adult videos, books, and magazines would be difficult to enforce.
"This ordinance is for the hardcore adult stores," said Riggs.
An ordinance could allow a business to offer no more than 15 percent of all its items for sale or rent be adult in nature.
Gaylord Goertzen, commission chairman, said that as long as the business has "adult" in its name, it would follow the regulations and restrictions.
"Beyond that it's going to be difficult to regulate if the store just says 'videos' and not 'adult videos,'" said Goertzen. He further stated that the business advertises what it sells by having "adult" in the name. Without the wording, it will have a difficult time promoting its business.
Lowell Goering, commissioner, said he did not think regulating the word "adult" is going to prohibit the business.
"On the Internet, e-mails are sent that are adult in nature and they use other words to convey the message," said Goering. "They can find other ways (words) to describe pornography."
"You used to be able to say that it doesn't fit in our zoning and we don't want it but can't do that anymore," said Riggs.
Garrett asked the commission's opinion about the ordinance.
"Is this overkill or are we trying to be proactive," asked Garrett. The commission agreed that it was necessary.
The sample ordinance would not allow any adult entertainment within 1,000 feet (three city blocks) of another adult business, any residential zoning district or residence, church, day-care facility, park, educational institution, library, museum, community center, playground, or swimming pool.
A provision could be a part of the ordinance requiring a privacy fence. The hours of operation of the business would not be permitted between 11:30 p.m. and 8 a.m.
There were other stipulations pertaining to sign and lot size, parking, and the display of merchandise.
The planning commission would determine the location of the adult business which would be limited due to the restrictions.
Riggs suggested that Garrett get an indication of support from the Hillsboro City Council for the ordinance. Once given support, a public hearing would need to be held.
By the February meeting, Riggs will have an ordinance that fits the city's zoning regulations available for the commission to review.
Garrett will have a letter to the county planning commission at the February meeting for the board to review.
In other business:
— The commission was given information from Garrett regarding a new zoning district, an institutional zone, for schools, city, and airport.
Garrett explained the requirements for residential districts should be different than a district for schools, Tabor College, city property, and airport.
Riggs said that Lindsborg has an institutional district which includes child care and adult care. He said it protects encroachment.
"A master plan would be required," said Riggs. "Institutional-use has to have some type of campus and development plan."
— Riggs presented information to the commission regarding the updating of the current zoning regulations pertaining to high density residential development.
Riggs suggested additional terminology and adding single family and two-family dwellings. Currently the side yard only requires two-and-one-half feet on each side. Riggs suggested changing it to five feet on each side.
— The final plat for the Windover of Hillsboro development probably will be presented at the February meeting, reported Garrett.
The next planning commission meeting will be at 7 p.m. Feb. 26 at city hall.
