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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 .a: soesa ~~•r~> 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. .~. tit l[iti'_.lb'PU 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 FROM P . ~ ,~[(o~, { ~uffb,, zt ~~~~'\1 0 ~ soes, n~ru