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Tuesday, November 15, 2005

Ind. Law - NW Indiana updates on adult zoning; big box regulation

Adult businesses. "Chesterton approves adult-business ordinance" is the headline to this story today in the Gary Post-Tribune. Quotes:

CHESTERTON — The Town Council on Monday officially put into place a safety net they hope will keep morally questionable businesses in their place.

In a unanimous vote, the council approved a sexually oriented business ordinance to control the location of adult-type businesses.

The Plan Commission had sent a unanimous recommendation to the council in favor of the ordinance after its Oct. 20 vote.

The town, which been working on a sexually oriented business ordinance, was spurred to complete it sooner rather than later when earlier this year, a massage parlor attempted to locate a business in town.

The Munster (NW Indiana) Times has a similar report:
The idea for such a regulation was raised several years ago by former council member John Kosmatka. It gained steam earlier this year when the town's board of zoning appeals rejected a use variance for a massage parlor after learning that one of the petitioners had previously been arrested on prostitution-related charges.

Council member James Ton called it an important night for Chesterton and praised Kosmatka for his initiative. "Fortunately we've not had to deal with such businesses in Chesterton," he said. The new regulations were necessary to protect property values and protect children, Ton said.

Council member Paul Christofersen said the ordinance was solidly based on other Indiana laws and was therefore easily defended if any challenge were brought to it.

See also this ILB entry from 11/13/05 with details of the Chesterton proposal.

In a related story, the Times reports today:

LAKE COUNTY | Neon pink signs adorn the window of a blue pole-barn-style storefront with brick façade at the southeast corner of Ind. 2 and U.S. 41.

Residents were surprised and alarmed late last week to see "Books," "Toys" and "DVDs" next to an unmistakable "XXX" near their local school. The sandwich-style sign outside read, "Must be 18, Must have ID, Must pay $5 cover fee at the door -- fee goes towards purchase."

Ned Kovacevich, director of the Lake County Plan Commission, said the adult store voluntarily closed down Monday after the Planning Commission issued an order to call the office because the store was not on a site zoned for such a business.

The store's owner could not be reached for comment. Kovacevich said the business owner might not have known about the zoning restrictions.

Big box retail. The Post-Tribune reports:
CROWN POINT — It was presented as a way to keep big box retail out of Crown Point. But in the end, Plan Commission members did not apologize for passing an ordinance specifically aimed at keeping Wal-Mart out, while leaving room for more desirable retailers.

The Council Chamber was filled to standing room only, many staying until after 10 p.m., to voice their opposition to the Wal-Mart anchoring Lauth Development Group’s proposed development at Interstate 65 and U.S. 231.

The comments were made as part of a public hearing on a proposed ordinance that would require special use zoning for any buildings over 75,000 square feet.

The ordinance would require a vote by the City Council to approve any special use zoning. And the council would be allowed to place conditions on the developer, which could lead to the hand-picking of desirable retailers.

The Plan Commission voted 5-1 to send a favorable recommendation to the council, which will decide on the ordinance change at a special meeting scheduled Wednesday.

The Times reports:
CROWN POINT | The little guys had their say Monday on the impact a big-box store could have on Crown Point. * * *

After getting through a lengthy agenda, the Plan Commission approved an ordinance, 5-1, limiting the size of retail buildings in a business district to 75,000 square feet. The move would force developers wanting to build larger stores to obtain a special use permit and go before the Board of Zoning Appeals and the City Council.

It's now up to the City Council to consider the ordinance. The city announced Friday the scheduling of a special City Council meeting at 7 p.m. Wednesday in the council chambers to discuss it. * * *

Mayor Dan Klein started off the public hearing on the ordinance limiting retailers' sizes. Klein said he didn't want to belittle Wal-Mart, but show the city is in good financial shape and doesn't have to take the first thing that comes along. He likened the fight against a Wal-Mart to an effort by a group of people in the 1970s to save the old courthouse downtown. [my emphasis]

"Thank God they did," he said. "Let's look to the future like the people who saved the courthouse and get something better for Crown Point."

Posted by Marcia Oddi on November 15, 2005 08:39 AM
Posted to Indiana Government | Indiana Law