PZ 04/13/2011 Minutes - Laserfiche WebLink

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LPA 11-10: Simulated Gambling Devices April 13, 2011 Page 2 The proposed ordinance classifies the type of machines that display casino games as a "simulated gambling device". Businesses that use these devices, whether it be a game room, arcade, Internet cafe, sweepstakes redemption center, or any similar indoor entertainment and amusement activity are then defined to be a "non-traditional indoor amusement". All "non-traditional indoor amusements" are then placed within the "non-traditional use" category. Non-traditional uses are allowed to locate within only the CG (Commercial General) zoning district and only after a conditional use approval has been granted by the Planning and Zoning Commission. Non-traditional uses are subject to the regulations provided within ULDR Section 2-7.30, Non-traditional Uses. Those conditions include: A. Regulations. 1. Prior to issuance of a business tax receipt, the proposed non-traditional use must receive a conditional use approval from the Planning and Zoning Commission to operate at a specific location. 2. Location. a. Criteria for the location of check cashing/payday loan businesses are provided in ULDR Section 2- 7.29. b, The following location criteria apply to all other non-traditional uses. 1) Anon-traditional use shall not be located within fifteen hundred feet (1,500') of another non- traditional use, including check cashing/payday loan establishments; nor shall such use be located within three hundred feet (300') of an educational institution, church, park, day care facility, or residentially zoned land. The method of measurement is the same as provided within ULDR Section 2-7.29(2). 2) Anon-traditional use may only be permitted in a planned, unified shopping center with a minimum of 10,000 square feet of gross leasable area. 3. Only one non-traditional use may be permitted in any single shopping center. Check cashing and payday loan uses may operate together in one location. 4. Design. Anon-traditional use shall be housed in a building that complies with the following regulations: a. The building in which the use is located conforms to all current land development and building regulations. b. The building shall be painted in muted colors and finished in materials that are consistent and harmonious with the surrounding area and with the character of the City. c. There shall be no security bars on the outside of doors or windows which are visible from a public right-of-way. d. Exterior phones and roll up doors shall be prohibited. e. Windows shall not be obscured by the placement of signs, dark window tinting, shelving, racks or similar obstructions. 6. Hours of Operation. Non-traditional uses shall only operate between the hours of seven (7:00) a.m. and eleven (11:00) p.m. C. Maintenance. The building and site shall be maintained in a neat, clean, and orderly condition. D. Signs. All signs shall be legally permitted in accordance with ULDR Article XVI. RECOMMENDATION Staff requests the Planning and Zoning Commission to provide a favorable recommendation to the City Commission to adopt the definitions and regulations for simulated gambling devices provided in the attached ordinance based on the findings of this staff report dated April 13, 2011 and the data and analysis provided in the May 12, 2010 Planning and Zoning Commission staff report (Attachment A with Exhibit C only). www.casseiberry.org