Planning commission approves adult entertainment district
Regulations will restrict location of adult businesses
Staff reporter
Hillsboro Community Planning and Development Commission met Thursday and will recommend the approval of an adult entertainment zoning district by Hillsboro City Council.
Following a public hearing, the development commission discussed and made the recommendation.
The district will permit adult businesses within the city limits but control them, explained John Riggs, city planning and zoning consultant.
Cities cannot ban adult businesses due to First Amendment rights.
"Common language is used in the regulations," said Riggs. "There's no need to use x-rated language to regulate this."
Riggs further explained this regulation will not affect a retailer selling a small amount of soft-core pornography.
"However, if could affect the retailer if the zoning administrator determines it to be in violation," added Riggs.
The business cannot be within 1,000 feet of children (playground, school), residents, similar adult businesses, or any other business.
Signage will be allowed with the name of the business but no pictures or additional words will be permitted.
If a request for a variance is made to the city's zoning administrator by an adult entertainment business owner, the applicant will determine the location and how the business will meet the city's requirements for compliance.
"This ordinance won't ban the business but it will locate it away from everything else," said Riggs.
If a variance is sought, the process will be the same as other variances through the board of zoning appeals.
Ray Franz said he appreciated the matter being brought to the commission's attention by Steve Garrett, city administrator.
The recommendation will be presented to the city council at a future meeting for consideration in the form of an ordinance.
Garrett sent a letter of concern to David Brazil, Marion County Planning and Zoning Administrator. The letter requested the county develop its own code for adult entertainment or allow the City of Hillsboro to enforce the city's zoning code in the immediate areas outside the city limits, which is allowable by state statute.
Garrett said he did not think the county wanted to give the city extra territorial jurisdiction around the city limits but is confident the county will address the issue.
