ISM'FXrn FIFTEENTH NORTHERN MARIANAS COEdAdONWEALTH LEGISLATURE

Transcription

1 sa%bn ISM'FXrn FIFTEENTH NORTHERN MARIANAS COEdAdONWEALTH LEGISLATURE THIRD REGULAR SESSION, 2007 SAIPAN LOCAT.. LAW NO HOUSE LOCAL BILL NO , S1 A LOCAL BILL FOR AN ACT To amend the Saipan Zoning Law, 10 CMC , incorporating by reference Saipan Zoning Law, Divisions BE IT ENACTED BY THE THIRD SENATORIAL DISTRICT DELEGATION PURSUANT TO CHAPTER 4, DIVISION 1, TITLE 1 OF THE COMMONWEALTH CODE: Section 1. Short Title. This Act shall be known as the "Saipan Adult Entertainment Business Zoning Act of 2007.'' Section 2. Findings. The Legislature finds that: The Commonwealth's economy has been materially harmed by the loss of markets for garments, leaving tourism a primary industry on which to base future economic development; Tourism is responsible for a significant portion of the Commonwealth's economic activity, with the Japanese market responsible for the majority; Surveys of tourists have revealed that the appearance and conduct of Adult Businesses on Saipan, particularly in Garapan, present such a negative image to tourists, particularly Japanese tourists, that the Commonwealth has lost and will lose business; The negative appearance and conduct of Adult Businesses has discouraged investors who view the poor image as a reason that they might not recoup the investments they would otherwise make; Certain uses of real property for Adult Businesses have serious objectionable operational characteristics. If these uses were allowed to locate or continue

2 SAIPAN LOCAT,, LBW NO operation in certain areas of Saipan, they may have adverse and deleterious effects upon the character of such areas and adjacent neighborhoods, and may contribute to crime and blight; Adult Businesses in residential districts, or in districts adjacent to schools churches, or public recreational areas, or within close proximity to such uses, may expose minors to such facilities, and this may adversely affect such minors due to their immaturity; Special regulation of Adult Business uses is necessary to ensure that such uses do not become incompatible land uses and further, will not contribute to the blight or downgrading districts in which they are permitted, thereby adversely affecting property values and deterring or interfering with the development and operation of other businesses within the area; and Areas in which Adult Businesses are permitted to cluster or become concentrated may have a higher incidence of crime, especially crimes against the person. These crimes increase in the evening hours, requiring more police effort. Section 3. Purposes. In order to provide our people with a healthy and safe social and business environment: It is the purpose of this Act to regulate Adult Businesses to promote the health, safety, morals, and general welfare of the citizens of the Commonwealth, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult businesses and, in particular, to separate adult businesses from other sensitive uses. This Act is not intended to unreasonably restrict lawhl commercial communications regarding lawhl sexual conduct or adult materials, to restrict or deny access by adults to adult materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult entertainment to their intended market. This Act is not intended to condone or legitimize the distribution of obscene materials. Page 2

3 SAIPAN LOCAL LBW NO House Local Bill No , S1 (d) It is the purpose of this Act to improve the quality of life and provide for the socially and commercially acceptable location, exterior appearance and public conduct of Adult Businesses. (e) Based on the foregoing, the Legislature finds and declares that this Act is necessary and is a proper use of the legislative authority granted by Article 11 of the Commonwealth Constitution. Section 4. Amendment. DIVISION 2100 ZONING DISTRICTS of the Saipan Zoning Law, 10 CMC $35 11, incorporating by reference the Saipan Zoning Law, Divisions , is hereby amended by revising the existing language as follows: "DMSION ZONING DISTRICTS For the purpose of this Law, all land and water areas in Saipan are divided into the following land use plan and zoning districts: Rural Land Use Plan Districts Natural Areas (NA) Zoning District Agricultural (AG) Zoning District Countryside (CS) Zoning District Suburban Land Use Plan Districts Suburban Low (SL) Zoning District Suburban (S) Zoning District Auto-Urban Land Use Plan Districts Auto Urban (AU) Zoning District Industrial (I) Zoning District Urban Land Use Plan District Urban (U) Zoning District Urban Core Land Use Plan District Tourist Resort (TR) Zoning District Adult Business Land Use Plan Districts Adult Business Overlay (ABO) Zoning District Adult Business Park (ABP) Zoning District" Page 3

4 House Local Bill No , S1 Section 5. Amendment. DIVISION 2300 of the Saipan Zoning Law, 10 CMC $3511, incorporating by reference the Saipan Zoning Law, Divisions , is hereby amended by adding the following new Sections 2306 and 2307: "SECTION ADULT BUSINESS OVERLAY ZONING DISTRICT The Adult Business Overlay (ABO) Zoning District provides for the appropriate location of Adult Businesses. Adult Businesses shall not be located anywhere except within this district. This district provides special requirements for Adult Businesses that locate within this district but does not change the requirements of the underlying district. The boundaries of this district may cover all or part of one or several underlying districts. The Zoning Board may, by regulation, establish one or more (ABO) Districts consistent with the following standards. ABO Districts should: (1) Not be in tourism-sensitive areas. (2) Not be in close proximity to concentrated residential development. (3) Be in areas suited to commercial uses. (4) Blend into the existing character of development. (5) Provide easy access for law enforcement and fire control. (6) Be in areas with sufficient infrastructure. (7) Not increase traffic beyond the capacity of the road system. SECTION 2307 ADULT BUSINESS PARK ZONING DISTRICT (a) This district provides for clustering of Adult Businesses.in a manner that protects public health and safety and is compatible with the adjoining land uses. (b) The Zoning Board may, by regulation, establish one or more Adult Business Park (ABP) Zoning Districts consistent with the following standards. ABP Districts should: Page 4

5 I I SUPAN TAMXL TAU NO House Local Bill No , S1 (1) Provide easy access to major roads and avoid routing additional traffic through neighborhoods. (2) Be located so as not to interfere with the health, safety, or welfare of adjacent land uses. (3) Be regulated so that property managers will provide a high level of maintenance and security personnel." Section 6. Amendment. Section 3002 of the Saipan Zoning Law, 10 CMC $35 11, incorporating by reference the Saipan Zoning Law, Divisions , is hereby amended by deleting Table 3002 titled "PERMITTED USES" and adding the following new table titled "3002 PERMITTED USES": Residential Institutional Page 5

6 SAIPAN LOCBI. TAW NO "Table 3002 PERMITTED USES General Uses Districts C1 G. Public Services C C Y Y Y Y Y Y Y A Y Commercial Amusement A. Commercial Amusement jindoor) N. N N N Y Y N Y Y A Y B. Commercial Amusement :outdoor) C ' N N N Y Y N Y Y A N C'. Water-related Y N N N Y Y Y Y Y A N Home Uses 4. Home Occupation N Y Y C C Y N Y Y A N B. Home Business N Y C N N C C C N A N C. Cottage Industry N Y C C C N C C N A N remporary Uses 4. Contractor's Office I N I N I Y I Y I Y I Y I Y I Y I Y I A I N B. Public Interest/Special Event I L I Y I Y I Y I Y I Y I Y 1 Y 1 Y 1 A (N Page 6

7 "Table 3002 PERMITTED General Uses Districts I Picture Production E. Construction Materials Storage Yards N = Not Permitted V = Permitted only in villages or hamlets C = Conditional Use (see Division 5400) L = Limited Use (see Division 5300) A = As authorized in the underlying district" Section 7. Amendment. Section 3104 COMMERCIAL USES of the Saipan Zoning (aw, 10 CMC $35 1 1, incorporating by reference the Saipan Zoning Law, Divisions , is hereby amended as follows: "(L) (M) Evening Entertainment. (SIC 58) This use includes but is not limited to nightclubs, cabarets, hostess bars, or other uses providing nighttime adult entertainment except Adult Business. (Evening Entertainment use is conditional and only allowed in the AU, U, and TR Districts.) Adult Business. This use includes Adult Businesses as defined in Division Definitions. Adult Business is only permitted as a limited use and only allowed in the ABO and ABP Districts." Section 8. Amendment. Division 5300 LIMITED USE REQUIREMENTS of the aipan Zoning Law, 10 CMC $351 1, incorporating by reference the Saipan Zoning Law, livisions , is hereby amended by adding the following new Section 5317 LDULT BUSINESSES: "SECTION ADULT BUSINESSES Adult Businesses shall meet the following standards: Page 7

8 SAIPAN LOCAL LBW NO The requested use at the proposed location shall be at least 500 feet (doorway to doorway) fiom any of the following that may exist as of the date of application for a limited use permit: (1) Licensed day-care centers or public or private schools attended primarily by minors; (2) Churches or other places of worship; (3) Public parks or other recreational facilities fiequented or utilized by minors, including, but not limited to, public parks, playgrounds, pools, and recreational centers; (4) Regular school bus stops; and (5) Other Adult Businesses (except when located within an Adult Business Park Zoning District). Provided that legally-established Adult Businesses existing as of the effective date of this Act shall not be required to meet the above separation requirements. The exterior appearance of the structure in which the requested use will be located shall be consistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to avoid causing blight, deterioration, or substantially diminishing or impairing property values within the neighborhood. Advertisements, displays or other promotional materials depicting or describing "specified anatomical areas", or "specified sexual activities", or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be visible fiom other areas open to the general public. All building openings, entries and windows for an Adult Business shall be located, covered or screened in such a manner as to prevent a view Page 8

9 SAIPAN TACAL LBW NO into the interior of an Adult Business fiom any area open to the general public. All entrances to an Adult Business shall be clearly and legibly posted by a notice indicating that minors are prohibited fiom entering the premises. Loudspeakers or sound equipment shall not be used by an Adult Business for the amplification of sound to a level discernable by the public beyond the walls of the building in which the Adult Business is conducted. Exterior portions of the business shall not display flashing lights, neon lighting or other internally illuminated signs or uplighting. All off street parking areas, walkways and building entries serving the Adult Business shall be illuminated during all business hours with a lighting system designed to provide a minimum maintained horizontal illumination of greater than one foot-candle of light on the parking surface andlor walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the Adult Business for personal safety of its patrons. However, no uplighting shall be permitted. All exterior areas of Adult Businesses, including buildings, landscaping and parking areas, shall be maintained in a clean and orderly manner. Notwithstanding any other statute, code, ordinance, or regulation to the contrary, it shall be unlawfbl for the operator of any Adult Business or any other person to erect, construct, or maintain any sign for the Adult Business other than the one primary sign and one secondary sign provided herein. (1) Primary and secondary signs, as defined and described in this section, may contain words, ideograms and images as specifically provided. Page 9

10 -- -~ ~ House Local Bill No , S1 (2) The text of primary and secondary signs shall always be in English. Other languages are optional. (A) If non-english text is included, it shall be an exact translation fiom English. (B) The non-english text shall be no larger than the English text. (3) The text shall not, directly or indirectly, advertise the provision of unlawful services or a service that is a specified sexual activity. (4) Primary signs. Primary signs shall have no more than 2 display surfaces. Each such display surface shall: (i) (ii) (iii) be a flat plane, rectangular in shape; not exceed 50 square feet in total display area; and (5) Secondary signs. (A) not exceed 10 feet in height or 10 feet in total surface length. Primary signs shall not extend into the right of way at a point lower than 12 feet fiom ground level. Primary signs may extend over the right-of-way above a point 12 feet fiom ground level if a written right-of-way authorization has been duly issued by the Department of Public Works. Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print- type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color. Secondary signs shall have no more than one display surface. The display surface shall: Page 10

11 (i) (ii) (iii) (iv) (v) (vi) be a flat plane, rectangular in shape; not exceed 20 square feet in area; not exceed 5 feet in height and 4 feet in width; be placed with the lower edge no lower than 6 feet kom the ground; not extend into the right of way; and be affixed or attached to a wall or door of the enterprise. (B) Each letter fonning a word on a secondary sign shall be of solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color. (6) The Zoning Board may provide by regulation that a person who employs the signage described in the regulation shall be presumptively in compliance with this section. (A) The regulation shall provide a requirement for each of the following: (i) material and texture; (ii) size for Primary sign and for Secondary sign; (iii) primary language; (iv) secondary language or symbol and the meaning permitted; (v) color; and (vi) placement. (B) The regulation may specifj other characteristics and may provide examples." Section 9. Amendment. DIVISION NONCONFORMITIES of the Saipan Zoning Law, 10 CMC $351 1, incorporating by reference the Saipan Zoning Law, Divisions , is hereby amended by adding the following new SECTION 10308: Page 11

12 "SECTION SPECIAL STANDARDS FOR ADULT BUSINESSES THAT ARE NONCONFORMING USES. Any legally established Adult Business that is located anywhere outside of an Adult Business Overlay District or an Adult Business Park District as of the date either such district is first established shall be considered a nonconforming use. Any legally established Adult Business that does not conform to the requirements of SECTION ADULT BUSINESSES shall be considered a nonconforming use. Within six months of the effective date of this Act, all nonconforming Adult Businesses shall be made to conform to the provisions of SECTION ADULT BUSINESSES. Within 12 months of establishment of an Adult Business Overlay District or an Adult Business Park District, all nonconforming Adult Businesses shall either be discontinued or made to conform to the provisions of this chapter. However, the Zoning Board may approve an extension to allow for amortization of the business investment in leaseholds or leasehold improvements. Any request for extension shall be submitted in writing at least 90 days prior to the expiration of the original 12 month period and shall be supported by such information as may be required by the Zoning Board. The Zoning Board may grant an extension upon finding the following: (1) The use, if continued, would not create a public nuisance; and (2) The tenant, subtenant, lessee, sub-lessee, owner or other person, firm, partnership, association or corporation that owns or operates such use is obligated under a lease or other binding rental agreement for the premises and the obligation was entered into before the effective date of this Act for a period exceeding 5 years; and (3) The financial details support the claim that the use represents an investment of money in leasehold and leasehold improvements Page 12

13 that cannot practically be relocated to such an extent that denial of the requested extension would result in undue financial hardship." Section 10. Amendment. DIVISION DEFINITIONS of the Saipan Zoning Law, 10 CMC $35 11, incorporating by reference the Saipan Zoning Law, Divisions , is hereby amended by adding the following new definitions: 'Adult Arcade' means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. 'Adult Business' means an adult arcade, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, massage parlor, nude model studio, sex shop, or sexual encounter center. 'Adult Cabaret' means a nightclub, bar, restaurant, caf6, or similar commercial establishment that regularly, commonly, habitually, or consistently features: (1) Persons who appear in a state of nudity or semi-nudity; or (2) Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (3) Films, motion pictures, video cassettes, slides, photographic reproductions, or other image producing devices that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or (4) Persons who engage in 'exotic' or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers. 'Adult Media' means media that depict or describe specified sexual activities or specified anatomical areas. Page 13

14 SAIPAN T&CAL LBW N 'Adult Motel' means a hotel, motel or similar commercial establishment that principally offers short term sleeping rooms, typically for fewer than 24 hours and that: (1) Is associated with an adult business; or (2) Advertises its rooms for the use of specified sexual activities; or (3) Advertises to and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or (4) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twenty-four (24) hours. 'Adult Motion Picture Theater' means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas. 'Adult Theater' means a theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity, andlor live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities. 'Adult Novelties' means instruments, devices, or paraphernalia, either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs, or that are designed or marketed for use in connection with specified sexual activities. 'Escort' means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. Page 14

15 SAIPAN LOCAL LBW NO 'Escort Agency' means a person or business association who Mshes, offers to fiunish, or advertises to Msh escorts as one of its primary business purposes for a fee, tip, or other consideration. 'Establishment' means an Adult Business or premises on which the Adult Business is located. 'Licensed Day-care Center' means a day-care facility licensed by the Commonwealth. 'Live Theatrical Performance' means a play, skit, opera, ballet, concert, comedy, or musical drama. 'Massage Parlor' means an establishment in which someone can hire a masseur or masseuse and receive a massage on the premises. For the purpose of this definition, massage parlor does not include: (1) Businesses offering the methods of practice or the legitimate techniques of physicians, chiropractors, physical therapists, massage therapists or athletic trainers, and that are professionally licensed or certified by the appropriate governmental agency; or (2) Massage facilities located in hotels that have more than 20 rooms; or (3) Businesses in which massage services account for less than 10 percent of gross revenue or floor area; or (4) Homes in which massage is done for children by traditional healers recognized by the customs of the Northern Mariana Islands. 'Media' means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but shall not be limited to books, newspapers, magazines, periodicals, photographs, movies, videos, sound recordings, CD-ROMs, computer files, DVD7s, digital or analog videodisks, other magnetic media, and undeveloped pictures. 'Nude Model Studio' means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, Page 15

16 SAIPAN LOU& LBW NO House Local Bill No , S1 sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration. 'Nudity Or A State Of Nudity' means: the appearance of a human bare buttock, anus, anal clef or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fblly opaque covering; or a female breast with less than a fblly opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered. 'Semi-Nude' or 'Semi-Nudity' means the appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part. 'Sex Shop' means a business that meets any of the following tests: Adult media andor adult toys or novelties constitute more than ten percent (10%) of the stock-in-trade of the business or occupy more than ten percent (10%) of the gross public floor area of the business; or Adult novelties constitute more than five percent (5%) of the stock-in trade or gross public floor display area of the business; or It advertises or holds itself out in any media or forum as 'XXX', 'adult', 'sex', 'porno', 'pornography', or otherwise as a sex business other than solely an adult media outlet, adult motion picture theater, or adult cabaret. Except that the Zoning Administrator may find that a business is not a sex shop if: (A) adult media and adult novelties are visually and physically segregated from minors; (B) the sale of such materials constitutes less than twenty percent (20%) of the gross public floor display area or stock-in-trade of the business; and Page 16

17 (C) the business does not advertise or hold itself out in any f om or medium as 'XXX', 'adult', 'sex', 'porno', 'pornography', or otherwise as a sex business. 'Sexual Encounter Center' means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: (1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (2) Activities between persons of the opposite sex andlor persons of the same sex when one or more of the persons is in a state of nudity or semi- nudity. A principal business purpose exists if the services offered are intended to generate business income. 'Specified Anatomical Areas' means: (1) The human male genitals in a discernibly turgid state, even if fully and opaquely covered; or (2) Less than completely and opaquely covered human genitals, pubic region, buttocks; or (3) A female breast below a point immediately above the top of the areola. 'Specified Sexual Activities' means and includes any of the following: (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered; (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; or (4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above." Section 11. Severabiliw. If any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby. Page 17

18 SAIPAN LOCAL LBW NO Section 12. Savings Clause. This Act and any repealer contained herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. The enactment of the Act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this Act becomes effective. Section 13. Effective Date. This Act shall take effect upon its approval by the Governor or becoming law without such approval. CERTIFIED BY: Legislative Delegation I,6sca/~. Babauta Speaker House of Representatives COMMONWEALTH OF THE NORTHERN MA.RIANA ISLANDS Page 18