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Sec. 59-A-6.15. Personal living quarters (PLQ).
In the zones where it is permitted a personal living quarters must comply with the following regulations:
   (a)   The personal living quarters (PLQ) must:
      (1)   contain at least 6 individual living units;
      (2)   have facilities for sanitation, which may be shared among ILU residents; and
      (3)   have facilities for cooking, which must be shared among ILU residents.
   (b)   The Director is authorized to establish procedures and standards which may provide for periodic inspections, including access by inspectors at reasonable times, and compliance with applicable codes. The Director may designate another County agency or department to administer and enforce the inspection requirements.
   (c)   An individual living unit in a PLQ:
      (1)   must have a minimum gross floor area of 150 square feet and a maximum gross floor area of 350 square feet, except in the case of a personal living quarters developed through conversion of an existing building previously devoted to another use. In that case, a personal living quarters may contain individual living units with a maximum gross floor area per unit of 385 square feet;
      (2)   must not contain complete cooking facilities such as a stove, oven, or similar device, but may contain equipment for incidental food preparation, such as small portable kitchen appliances;
      (3)   may contain separate sanitation facilities;
      (4)   must be subject to a rental agreement with a minimum lease term of at least 30 days. Copies of the rental agreement must be available for inspection by, and provided upon demand to the County.
   (d)   Development standards are as follows:
      (1)   In the zones where a personal living quarters is permitted, the personal living quarters must comply with the development standards of the zone in which the personal living quarters is located, except as provided in Paragraph (2) below.
      (2)   In the following zones, the maximum number of individual living units per acre in a personal living quarters building is as follows, subject to the maximum FAR of the zone for residential uses, if any:
Zone
Individual Living Units
per Acre
Zone
Individual Living Units
per Acre
R-30
29
R-20
43
R-10
87
R-H
87
CBD Standard Method
CBD-0.5
70
CBD-R1
86
CBD-1
86
CBD-2
160
CBD-3
240
CBD-R2
160
 
      (3)   If a personal living quarters is constructed on a lot that also includes a residential building containing complete dwelling units, or if personal living quarters individual living units are included in a building with complete dwelling units, the density standards for dwelling units in the zone apply to that portion of the lot that contains complete dwellings units.
   (e)   Parking must be provided in accordance with the provisions of Article 59-E.
   (f)   (1) If a use qualifies as a PLQ, the use does not constitute a multiple family dwelling, hotel, motel, inn, apartment hotel, or other use as defined in this chapter.
      (2)   If a use qualifies as an ILU, the use does not constitute a dwelling unit as defined in this chapter.
   (g)   The number of ILUs in each policy area is limited to 12.5 percent of the units allotted by the gross ceiling for housing for the policy area in the adopted Annual Growth Policy, or 500, whichever is less.
(Legislative History: Ord. No. 13-46, § 2.)
Sec. 59-A-6.16. Adult Entertainment Businesses.
   (a)   An adult entertainment business is permitted in certain zones, subject to the following restrictions and regulations:
      (1)   The adult entertainment materials must not be visible from outside the establishment.
      (2)   Access to the adult entertainment materials must be prohibited to any person under the age of 18 years.
      (3)   The adult entertainment business must be located at least 750 feet from any property: (A) located in a residential zone, or (B) on which a school, library, park, playground, recreational facility, day care center, place of worship, or other adult entertainment business is located as a principal use.  The distance must be measured in a straight line from the nearest property line of the property used for the adult entertainment business to the nearest point of the boundary line of any property located in a residential zone, or on which a school, library, park, playground, recreational facility, day care center, place of worship or other adult entertainment business is located.
      (4)   An adult entertainment business may continue as a non-conforming use if a school, library, park, playground, recreational facility, day care center, place of worship, or residential zone is established within 750 feet of the adult entertainment business after the business was established.
      (5)   An adult entertainment business may operate only between the hours of 9:00 a.m. and 11:00 p.m.
      (6)   If adult booths are located on the premises:
         (A)   the booths must be physically arranged so that the entire interior portion of the booth is visible from the common areas of the premises;
         (B)   the booths must not be equipped with a door or curtain that would screen the booth's interior from the common areas of the premises;
         (C)   the booths must be designed to prevent physical contact with another person.
         (D)   the booths must be illuminated at all times;
         (E)   the booths must not allow any holes in the partitions between the adult booths; and
         (F)   no person under the age of 18 years is permitted to enter the premises.
   (b)   To provide for a reasonable period of amortization and to prevent unreasonable economic loss, any adult entertainment business existing on May 1, 2000 which does not conform to the requirements of this section, may continue to operate for 18 months following the effective date of the amendment.  On or after that date, an adult entertainment business may continue in operation only if it meets the requirements of Section 59-A-6.16.
(Legislative History: Ord. No. 14-19, § 2.)
   Editor's note—Section 59-A-6.16 is interpreted in Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (2003), where the Court upheld the validity of the County's adult entertainment ordinance.
Sec. 59-A-6.17. Security pavilion.
A security pavilion is permitted in the RE-2, RE-1, R-200 and the Agricultural zones if it:
   (a)   is located on a lot or parcel within a minimum lot size of 2 acres;
   (b)   does not exceed 196 square feet of total floor area, with maximum linear dimensions that do not exceed 14 feet per side;
   (c)   does not exceed 12 feet in height;
   (d)   is set back a minimum distance or 30 feet from the front lot line and 15 feet from any side lot line; and
   (e)   is placed within 5 feet of the main driveway that provides access to the main dwelling located on the same lot.
(Legislative History: Ord. No. 15-28, § 2.)
Sec. 59-A-6.18. Workforce housing.
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