Stricter laws regulating sexually oriented businesses are headed to the Town Council for final action to put more teeth in the new Burns Harbor zoning ordinance adopted last month.

Monday the town’s Advisory Plan Commission voted unanimously to forward the 10-page ordinance following a public hearing that drew one favorable comment.

At the request of commission attorney Charles Parkinson, introduced into the record were municipal studies and U.S. Supreme Court decisions that conclude sexually-oriented businesses have negative secondary effects such as increased crime and urban blight, decreased property values and the spread of sexually transmitted diseases.

These effects are felt by not only existing businesses in the vicinity but also by the surrounding residential areas and the public at large, according to the ordinance.

Previously, adult businesses were allowed in a Commercial-2 zone with a special exception that needed the approval of both the town Plan Commission and Board of Zoning Appeals. Now such uses would be located in a Special District-7 but have to meet numerous additional restrictions.

"What you’re regulating is the location of these businesses, not the speech,” said Parkinson.

A goal of the ordinance is to protect minors from the objectionable operational characteristics of adult businesses and uses by restricting their close proximity to churches, parks, schools and residential areas. A minimum distance of at least 1,000 feet from them is required.

Sexually oriented businesses, defined in detail in the ordinance, also cannot be located within a 1,000-foot radius from the intersection of any two streets that consitute a gateway into town on either U.S. 20, U.S. 12, Indiana 149 or the intersection of U.S. 20 and 149.

The 1,000-foot separation also must be maintained between another adult use, a child care center, child care home, nursing shelter or rest home, religious institution, athletic field or amusement center, theaters, museums, library or other area where large numbers of minors travel or congregate.

Exterior displays, signs and lighting also are regulated for sexually oriented adult establishments.

Parkinson clarified that the town’s zoning ordinance doesn’t cover activities considered criminal acts under state statute or other laws, such a public nudity.

A previous building moratorium in town enacted while Burns Harbor worked on a new comprehensive plan and zoning ordinance expired last month with their adoption. Council/commission member Cliff Fleming said it would behoove town officials to get up to speed on the new ordinance.

The commission vote to forward a favorable recommendation on the sexually oriented business changes was 4-0 with members Louis Bain, Virginia Bain and Terry Swanson absent.

Unlike the zoning amendment, a long discussion preceded reaching consensus to hold off until August on a decision whether to lift the stop-work order at Harbor Trails subdivision pending completion of infrastructure installation and repairs outlined in a final punch list.

Town engineer Hesham Khalil said much progress has been made, and that developers Don Coker and Dick Davis are cooperating. They were urged to attend the August meeting.

Parkinson said a final agreement needs to be specified in writing so a maintenance bond can be posted.

Also Monday, the commission recommended the Town Council require homeowners to obtain an annual permit for temporary pools more than 24 inches in height; it was stipulated the permit fee be no more than $5. If adopted the permit would be retroactive for this year and the pools would have to be removed this fall.

Building commissioner Bill Arney said the intent is to know where the pools are, and that ladders be put up or the pool covered when not in use or attended. “The reason is for the safety of the kids in the community.”

Again at Arney’s suggestion the commission unanimously asked that town building standards be amended to require an egress window with steps be installed in finished basements to exit in case of fire when the stairs are impassable.

“If you don’t have a way out and the fire is upstairs, you’re a baked potato. It’s a huge safety issue for firemen and residents,” said Arney, who also serves as town fire chief.

Next month the commission agreed to president Jeff Freeze’s suggestion to consider building facade standards for particular districts in town so new development doesn’t end up looking like disjointed strip malls.

In August the commission also will discuss draft changes to assure the zoning ordinance’s expanded seed/sod, landscaping and tree-planting requirements are completed prior to occupancy of construction projects; for parks, final grade and seeding would be required.

On another matter, the lack of a second killed commission member Jim Meeks’ motion to ask the Town Council to direct Arney and Khalil to determine if thousands of tons of openly stockpiled ArcelorMittal steelmaking blast-furnace waste violates town code.

Meeks is a member of the town BZA that June 23 denied ArcelorMittal’s petition to place additional materials in an existing landfill at the plant located along Lake Michigan.

When Monday’s motion failed, Meeks said to other members, “I’m assuming we let Mittal Steel do whatever they want.” Later, Parkinson said ArcelorMittal as a BZA petitioner has remedies it can pursue and he would rather let those play out than the Town Council get involved.

Prior to the Plan Commission the town’s Plat Committee met with Meeks and commission/council member Jim McGee in attendance and V. Bain absent. Dwayne Simons wants permission to split his 0.86-acre residential lot at 306 McCoy Lane into two parcels, one approximately 1/2 acre and the other 1/3 acre. Simons would build a second home on the smaller lot that would have access off Wahl Street.

As a minor subdivision the Plat Committee can make a decision, but members and town officials said more engineering information is needed. The Porter County Drainage Board is involved because of the proximity of Swanson-Lawson Ditch.

McGee observed Simons is the first petitioner under the new zoning ordinance. “This is a little bit of learning and clarification for us.”

Posted 7/7/2009