1946ORDINANCE NO. ~ ~ ~'4
AN ORDINANCE TO AMEND ZONING ORDINANCE 1258, AS AMENDED, ARTICLE
III; SECTION 3 , PARAGRAPH B AND ARTICLE X; SECTION 2, ADDING
SEXUALLY ORIENTED BUSINESSES AS A LISTED PERMITTED USE IN AN I-2,
GENERAL INDUSTRIAL DISTRICT, AND FOR OTHER PURPOSES.
WHEREAS, after public hearing upon due notice and publication, pursuant to
Article III; Section 3, Paragraph B and Article X; Section 2, of the zoning regulations adopted by
Ordinance 1258, as amended, the Planning Commission has approved and recommended to
amend Zoning Ordinance 1258, as amended, Article III; Section 3, Paragraph B, to add sexually
oriented businesses as a listed permitted use in an I-2, General Industrial District and Article X;
Section 2, to set forth definitions associated with sexually oriented businesses as well as
definitions for schools and parks for purposes of land use and measuring the required buffer
distance from sexually oriented businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1: Article III; Section 3, Paragraph B is hereby amended to add sexually
oriented businesses as a listed permitted use in an I-2, General Industrial District, as follows:
Article III; Section 3, Paragraph B
ZONII~IG DISTRICTS
USE R-1 R-2 R-3 R-4 O-1 C-1 C-2 I-1 I-2
Sexually Oriented Business/ Adult Entertainment X:
Footnotes:
2: Sexually Oriented Business/Adult Entertainment enterprises shall be at least 1000 feet
from any school, church, hospital, park, governmental building open to the public, or
residence. The spacing requirement will be measured from the nearest part of the
premises where a Sexually Oriented Business is conducted to:
a)
b)
the nearest property line of the premises of any school, church, hospital, park, or
government building open to the public;
the nearest point of any residential structure.
SECTION 2. Article X; Section 2, is hereby amended to add the following definitions:
l . Park. A public park or recreational area which has been designated for park or
recreational activities, including but not limited to a park, playground, nature trails, swimming
pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness
areas, or other similar public land within the City which is under the control, operation, or
management of the City parks and recreation department.
2. School. A public or private educational facility including,: but not limited to, child
day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools,
intermediate schools, junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools, junior colleges, community
colleges, and universities; school includes school grounds, but does not include facilities used
primarily for another purpose and only incidentally as a school.
~. Sexually Oriented Businesses/ Adult Entertainment: Sexually Oriented
Business means and includes any and all of the following:
(a) Adult Booth. Any area of an Adult Entertainment Establishment set off
from the remainder of such Establishment by one or more walls or other
dividers or partitions and used to show, play, or otherwise demonstrate any
Adult Materials or to view any live performance that is distinguished or
characterized by an emphasis on the exposure, depiction, or description of
Specified Anatomical Areas or the conduct or simulation of Specified
Sexual Activities.
(b) Adult Entertainment Establishment. Any of the following Commercial
Establishments, as defined herein:
Adult Cabaret: Any Commercial Establishment that as a substantial or
significant portion of its business features or provides any of the following:
(A) Persons who appear Semi-Nude.
(B) Live performances that are distinguished or characterized by an
emphasis on the exposure, depiction, or description of Specified
Anatomical Areas or the conduct or simulation of Specified Sexual
Activities.
(C) Films, motion pictures, video or cassettes, slides, computer
displays, or other visual representations or recordings of any kind
that are distinguished or characterized by an emphasis on the
exposure, depiction, or description of Specified Anatomical Areas,
or the conduct or simulation of Specified Sexual Activities.
(c) Adult Store: Any Commercial Establishment (a) that contains one or more
Adult Booths; (b) that as a substantial or significant portion of its business
offers for sale, rental, or viewing any Adult Materials; or (c) that has a
segment or section devoted to the sale or display of Adult Materials.
(d) Adult Theater: Any Commercial Establishment that as a substantial or
significant portion of its business features or provides (i) films, motion
pictures, video or audio cassettes, slides, or other visual representations or
recordings that are distinguished or characterized by an emphasis on the
exposure, depiction, or description of Specified Anatomical Areas, or the
conduct or simulation of Specified Sexual Activities; or (ii) live
performances that are distinguished or characterized by an emphasis on the
exposure, depiction, or description of Specified Anatomical Areas or the
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conduct or simulation of Specified Sexual Activities.
4. Adult Material. Any of the following, whether new or used:
(a) (1) Books, magazines, periodicals, or other printed matter, or
digitally-stored materials; or
(2) films, motion pictures, video or audio cassettes, slides, computer
displays, or other visual representations or recordings of any kind,
that are distinguished or characterized by an emphasis on the exposure,
depiction, or description of Specified Anatomical Areas, or the conduct or
simulation of Specified Sexual Activities.
(b) Instruments, novelties, devices, or paraphernalia that are designed for use
in connection with Specified Sexual Activities, or that depict or
describe Specified Anatomical Areas.
5. Nude or State of Nudity. A state of dress or undress that exposes to view (i) less
than completely and opaquely covered human genitals; pubic region; anus; or female breast below
a point immediately above the top of the areolae, but not including any portion of the cleavage of
the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing
apparel, provided the areolae is not exposed; or (ii) human male genitals in a discernible turgid
state, even if completely and opaquely covered, or any device or covering that, when worn,
simulates human male genitals in a discernible turgid state.
6. Semi-Nude. A state of dress or undress in which clothing covers no more than
the genitals, pubic region, and areolae of the female breast, as well as portions of the body
covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves,
and socks.
Specified Anatomical Areas. Any of the followin,;
(a) Less than completely and opaquely covered human genitals; pubic region;
buttocks; anus; or female breast below a point immediately above the top
of the areolae, but not including any portion of the cleavage of the female
breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other
wearing apparel, provided the areolae is not exposed.
(b) Human male genitals in a discernible turgid state, even if completely and
opaquely covered, or any device or covering that, when worn, simulates
human male genitals in a discernibly turgid state.
Specified Sexual Activities_ Any of the following:
(a) Fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts.
(b) Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, or sodomy.
(c) Masturbation, actual or simulated.
(d) Human genitals in a state of sexual stimulation, arousal, or tumescence.
(e) Excretory functions as part of or in connection with any of the activities set
forth in paragraphs 1,2,3, or 4 of this definition.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of any such conflict.
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PASSED AND APPROVED this a~'h day of ~~lk , 2000.
~ ~ _-•~
WILLIAM H. JOHNS ,Mayor
ATTEST:
PHILLIP ,City Clerk
SPONSORED BY:
RECEIVED
CITY CLERKS OFFICE
DATE fo b D
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