HomeMy WebLinkAbout7.3 Zoning Ordinance Fortunetelling CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date : February 10, 1986
SUBJECT: Initiation of Zoning Ordinance Amendment Regarding
Fortunetelling
EXHIBITS ATTACHED: A. Title 4 , Chapter 1, Article 4 of Ordinance
Code regarding Astrology, Palmistry, etc .
RECOMMENDATION: Refer the review of the Zoning Ordinance Amendment
to the Planning Commission.
FINANCIAL STATEMENT: None .
DESCRIPTION:
Staff has received a verbal request from Mr. John Adams , a
potential applicant, to review the existing Ordinance regarding
fortunetelling. The existing Ordinance Code in essence prohibits
fortunetelling for compensation. A similar type of ordinance in another
city was recently found to be unconstitutional .
. The existing Zoning Ordinance does not specifically address
fortunetelling because it was prohibited by other sections of the
Ordinance Code. It would be appropriate for the City Council to
initiate a Zoning Ordinance Amendment regarding fortunetelling.
Fortunetelling might reasonably be considered as a Conditional
Use Permit item in the C-1 Retail Business District. The intent of the
C-1 District is , in part:
"To provide areas for comparison retail shopping and office uses,
and to enhance their usefulness by protecting them from incompatible
types of commercial uses which can be provided for more effectively in
the General Commercial (C-2 ) Districts . "
The Conditional Use Permit (CUP) process is designed for those
uses which possess characteristics which require special review and
appraisal in each instance. It is a discretionary permit which the City
may approve, deny, or approve subject to conditions . As an example, a
legitimate massage parlor may be allowed in the C-1 District with a
Conditional Use Permit .
If the .City wishes to keep the residential neighborhoods free of
fortunetelling operations, it would be helpful to clearly prohibit them
as home occupations .
Staff recommends that the City Council refer the matter to the
Planning Commission for review and recommendation, with direction to
consider amending the Zoning Ordinance :
1) To allow fortunetelling in the C-1 Retail Business District
with a Conditional Use Permit, and
2 ) To prohibit fortunetelling as a home occupation.
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ITEM NO. �o COPIES TO: Planning Dept.
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Article 4
Astrology, Palmistry, etc.
4 4-7.0 Practice of prohibited. It is unlawful for any person
to exhibit or conduct, in the unincorporated territory of the
County, for fees or salary or other compensation, the business,
art or practice of astrology, palmistry, phrenology, life reading,
fortune telling, cartomancy, clairvoyance, clairaudience, crystal
gazing, hypnotism, mediumship, prophecy, augury, divination, magic,
necromancy or graphology.
(Based on sec. 1, Ord. 488; Amended by sec. 1, Ord. 20 N.S.)
4 4-7.1 Article not applicable to religious gro ups: certain
organizations not bona fide. The prohibitions contained in
Section -7.0 do not inc ude, prohibit or interfere with the
exercise of any religious or spiritual function of any priest, '
minister, rector, or an accredited representative of any bona
fide church or religion, where the priest, minister, rector, or
C accredited representative •holds a certificate of credit, commis-
_ sion or ordination under the ecclesiastical laws of a religious
corporation incorporated under the laws of any state or territory
of the United States of America, or any voluntary religious
association, and who frilly conforms to the rites and practices
prescribed by the supreme conference, convocation, convention,
assembly, association or synod of the system or faith with which
he is affiliated.
Any church or religious organization which is organized
for the primary purpose of conferring certificates of credit,
commission or ordination for a price, and not primarily for the
purpose of teaching and practicing a religious doctrine or belief,
is not a bona fide church or religious organization.
(Based on sec. 2. Ord. 488.)
4 4-7.2 Penalties for violation. Every person who violates any
of the provisions of this article is guilty of a misdemeanor and
is punishable by a fine of not more than five hundred dollars
($500.00) or by imprisonment in the county jail for not more than
six (6) months, or by both.
(Based on sec. 3, Ord. 188.)