Based on the experience of other urban counties and municipalities, which experiences are relevant to the problems faced by Macon-Bibb County, Georgia, and based on the evidence and testimony presented at the hearing on these regulations by citizens and experts, the Commission takes note of the notorious and self-evident conditions attendant to the commercial exploitation of human sexuality, which does not vary greatly among generally comparable communities within our country. Recognizing that these activities and land uses pose a special problem on regulation and have a potential to adversely affect adjacent properties, it is the intent and purpose of these regulations to employ a higher degree of scrutiny for locations chosen or potential sites and to acknowledge that the traditional concept of spot zoning and size of zoning districts may be incompatible with the proper regulation of these uses. The Commission, therefore, finds that it is in the best interest of the health, welfare, safety, and morals of its neighborhoods, as well as churches, schools, and parks, to reduce the possible adverse impacts of adult entertainment establishments. Therefore, the Planning and Zoning Commission enacts the following zoning regulations to further the legitimate governmental interest of preventing the problems of crime, blight, and deterioration which accompany and are brought about by a concentration of adult entertainment establishments, and the legitimate governmental interest of preventing the deleterious effects that adult entertainment establishments have upon neighborhoods and property values, as well as other public places such as churches, schools, and parks without unreasonably infringing upon the protected rights of adult entertainment establishments and their patrons.

(Added March 22, 1993, ZA93-03-01; Amended by Res. of December 9, 2024(1))

In determining the eligibility of an area of land or development for designation as a SC Special Commercial District, the Commission shall find that the following conditions exist:

[1]

The boundaries of a proposed district shall be at least one thousand (1,000) feet from the boundaries of the downtown business district (as defined in Section 1.02); and

[2]

The boundaries of a proposed district shall be at least one thousand (1,000) feet from the boundaries of RR Rural Residential Districts; MHR Mobile Home Residential Districts; R-1AAAA, R-1AAA, R-1AA, R-1A and R-1 Single-Family Districts; R-2 and R-2A Two-Family Residential Districts, Residential R-3 Multi-Family Residential Districts, residential PDS Districts and residential portions of PDM Districts;

[3]

The boundaries of a proposed district shall be at least two thousand (2,000) feet from any existing SC Special Commercial District; and

[4]

The boundaries of a proposed district shall be at least one thousand (1,000) feet from any historic district or structure defined or created pursuant to Chapter 21 of this Resolution or by applicable state or federal law.

All distances established in Sections 5.02[1], [2], [3] and [4] shall be radial distances determined by a straight line and not street distance. Geographical size or number of uses that might exist in such district shall not be a determining factor when deciding on an amendment to the official zoning maps. The Commission, in reviewing an application for a SC Special Commercial District, shall also apply the criteria contained in Section 27.17[4] before rendering a decision thereon.

(Added March 22, 1993, ZA93-03-01; Amended July 11, 2022, ZA22-001; Amended by Res. of December 9, 2024(1))

Permitted and limited uses are established in Chapter 4B.

(Added March 22, 1993, ZA93-03-01; Amended July 22, 2002, ZA02-07-02; Amended by Res. of December 9, 2024(1))

Conditional uses are established in Chapter 4B.

(Added March 22, 1993, ZA93-03-01; Amended July 22, 2002, ZA02-07-02; Amended by Res. of December 9, 2024(1))

[1]

Minimum lot area shall be the same as for the zoning district that immediately preceded the zoning district change to SC Special Commercial unless the Commission determines otherwise.

[2]

Minimum lot width at the building line shall be the same as for the zoning district that immediately preceded the zoning district change to SC Special Commercial unless the Commission determines otherwise.

[3]

Maximum lot coverage shall be the same as for the zoning district that immediately preceded the zoning district change to SC Special Commercial unless the Commission determines otherwise.

(Added March 22, 1993, ZA93-03-01; Amended by Res. of December 9, 2024(1))

Yard requirements shall be the same as for the existing zoning district that immediately preceded the zoning district change to SC Special Commercial unless the Commission determines otherwise.

(Added March 22, 1993, ZA93-03-01; Amended by Res. of December 9, 2024(1))

The maximum permitted height for buildings and structures shall be thirty-five (35) feet, except as otherwise provided in Section 4.03.

(Added March 22, 1993, ZA93-03-01; Amended by Res. of December 9, 2024(1))

Spaces for off-street parking and provisions for loading and unloading shall be provided in accordance with the provisions of Chapter 26.

(Added March 22, 1993, ZA93-03-01; Amended by Res. of December 9, 2024(1))

Signs as allowed in this zoning district shall comply with the provisions of Chapter 25.

(Added March 22, 1993, ZA93-03-01; Amended by Res. of December 9, 2024(1))