Thursday, February 24, 2000
Changes unlikely to affect Flynts
BY DAVID ECK
Enquirer Contributor
MONROE — The Community Defense Council is recommending minor changes in the city's zoning code regarding sexually oriented businesses, so that it might better survive court challenges.
Specifically, the code should be changed to allow sexually oriented businesses as a permitted use, not a conditional use as now written, said Rick Culp, an attorney for the Community Defense Counsel who reviewed Monroe's code. The permitted use eliminates any discretion by zoning or city officials in zoning those businesses.
Under the city's zoning map, the businesses can locate only in four commercial areas, primarily along major thoroughfares.
The changes would not create any new areas for sexually oriented businesses, nor would they alter distance requirements from such things as churches, residences and schools, Mr. Culp said. His group, based in Arizona, works with municipalities to protect them from effects of sexually oriented businesses.
Monroe officials reviewed the city's zoning code after Larry and Jimmy Flynt in late 1999 announced plans to build a Hustler “superstore” at Ohio 63 and Interstate 75 in the city. The site of the proposed store is next to Bristol's, an adult dance club that opened several years ago.
The proposed changes are not expected to affect plans the Flynts have to build on the Ohio 63 site, because it has the proper zoning.
But the Flynts may still have problems opening a sexually oriented business there because it may be too close to Bristol's and several hotels across Ohio 63, Mr. Callahan said. The zoning code prohibits a sexually oriented business from being within 1,000 feet of another adult entertainment business or a hotel.
Public hearings on the proposed changes will be held March 28. After the hearings, the changes would have to approved by council.
The zoning changes were presented at Tuesday's city council meeting.
“These people are very experienced,” said Monroe Mayor Elbert Tannreuther. “I'm comfortable with what they're doing.”
Mr. Culp reviewed the city's entire zoning code, but said only minor changes were needed.
“These guys live, breathe and sleep this legislation,” said Monroe Law Director Philip Callahan. “They did not propose radical changes to our zoning.”
Council also announced that officials will hold two public informational meetings to discuss the city's proposed 2-mill fire levy on the March 7 ballot. The first will be held Tuesday at the city fire station on Ohio 4, and the second will be March 1 at the city building on Main Street. Both will begin at 7 p.m.
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