HomeMy WebLinkAbout2006-07-01 • ORDINANCE NO.2006-7-1
AN ORDINANCE AMENDING THE CITY OF BATESVILLE ZONING CODE
CONCERNING SEXUALLY ORIENTED BUSINESSES.
WHEREAS, the Batesville City Council recently passed Ordinance 2006-3-3
regulating sexually oriented businesses, and
WHEREAS, the City desires to amend the Batesville City Zoning Code to reflect
the zones in which sexually oriented businesses may be established as set out in said
sexually oriented business ordinance, and
WHEREAS, the provisions of this ordinance have neither the purpose nor effect
of imposing a limitation or restriction on the content of any communicative materials,
including sexually oriented materials nor is it the intent or effect of this ordinance to
restrict or deny access by adults to sexually oriented materials protected by the First
Amendment, or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market, unless otherwise restricted by law, and
WHEREAS, these provisions shall hereby constitute the zones within which
sexually oriented businesses are a permitted use under the Batesville Zoning Code as
set by the sexually oriented business ordinance, and
WHEREAS, zoning is a police power granted to the Cities by the State of
Arkansas.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
BATESVILLE, ARKANSAS;
The Batesville Zoning Code is hereby amended as follows:
ARTICLE I.
Section III. DEFINITIONS; Sub-Section II, Definitions is hereby
amended to add the following definition:
SEXUALLY ORIENTED BUSINESS
Sexually oriented business means an adult arcade, adult bookstore or
adult video store, adult cabaret, adult motel, adult motion picture theater, adult
theater, escort agency, nude model studio, or sexual encounter center.
ARTICLE II.
Section IX. INDUSTRIAL DISTRICTS; Sub-Section I, Light Industrial District,
Currently reads as follows:
"The 1-1 Light Industrial District is intended to accommodate light
industrial, wholesale and research establishments including light manufacturing and
machinery operations that are so conducted that noise, odor and flare of each operation
is confined completely within an enclosed structure. The Industrial Districts specifically
exclude residential dwelling units on the theory that the mixture of residential uses and
industrial uses is contrary to the purposes of these regulations."
Section IX. INDUSTRIAL DISTRICTS; Sub-Section I, Light Industrial District,
is hereby amended to read as follows:
"The 1-1 Light Industrial District is intended to accommodate light
industrial, wholesale and research establishments including light manufacturing and
machinery operations that are so conducted that noise, odor and flare of each operation
is confined completely within an enclosed structure. The district is also intended to
accommodate sexually oriented businesses whether they are of a wholesale or retail
nature. The Industrial Districts specifically exclude residential dwelling units on the
theory that the mixture of residential uses and industrial uses and the location of
sexually oriented businesses is contrary to the purposes of these regulations."
ARTICLE III.
Section IX. INDUSTRIAL DISTRICTS; Sub-Section 1, Light Industrial District;
Sub-paragraph A., Required Conditions, is hereby amended to add the following:
3. Sexually oriented businesses shall comply with all of the following
further restrictions.
a. No sexually oriented business may not be operated within
1000 feet, measured in a straight line, without regard to
intervening structures or objects from the nearest property
line of the sexually oriented business to the nearest property
line of any of the following:
1 . a church;
2. a church sponsored youth activity center;
3. a public or private elementary,
secondary or post-secondary school or
pre-school;
4. a public park;
5. a museum;
6. a licensed day-care or child care center;
7. an entertainment business that is
oriented primarily towards children;
8. a boundary of any residential District;
9. a boundary of any commercial or
traditional business district or a property
legally used as a residential use in said
commercial or traditional business use;
10. a boundary of a local historic residential
• district;
11 . a boundary of a public park;
12. a boundary of any facility primarily used
or attended by persons under the age of
eighteen (18).
13. a property on the National Register of
Historic Places;
14. a property, place or establishment
that sells or dispenses any alcoholic
beverage; or
15. the boundary of another sexually
oriented business.
b. All activities of the sexually oriented business shall be
carried on completely within enclosed buildings.
C. All other provisions of the Sexually Oriented Business
Ordinance shall apply.
ARTICLE IV.
Section IX. INDUSTRIAL DISTRICTS; Sub-Section I, Light Industrial District;
Sub-paragraph B, Permitted Uses, is hereby amended to add the following:
7. Sexually Oriented Businesses
ARTICLE V.
Section IX. INDUSTRIAL DISTRICTS; Sub-Section II, General Industrial
District, Currently reads as follows:
"The 1-2 General Industrial District is intended to accommodate those
industrial uses which may not or cannot meet standards of the 1-1 District."
Section IX. INDUSTRIAL DISTRICTS; Sub-Section II, General Industrial
District, is hereby amended to read as follows:
"The 1-2 General Industrial District is intended to accommodate those
industrial uses which may not or cannot meet standards of the 1-1 District and is also
intended to accommodate sexually oriented businesses whether they are of a wholesale
or retail nature. The Industrial Districts specifically exclude residential dwelling units on
the theory that the mixture of residential uses and industrial uses and the location of
sexually oriented businesses is contrary to the purposes of these regulations."
ARTICLE VI.
Section IX. INDUSTRIAL DISTRICTS; Sub-Section II, General Industrial
District; Sub-paragraph A., Required Conditions currently reads as follows:
• "All production, processing, servicing, testing, repair or storage of
materials or goods, equipment or products shall take place within completely enclosed
buildings. All outside storage shall be screened by a site obscuring fence or shrub."
Section IX. INDUSTRIAL DISTRICTS; Sub-Section II, General Industrial
District; Sub-paragraph A., Required Conditions, is hereby amended to read as follows:
a. All production, processing, servicing, testing, repair or
storage of materials or goods, equipment or products shall take
place within completely enclosed buildings. All outside storage shall
be screened by a site obscuring fence or shrub
b. Sexually oriented businesses shall comply with all of the
following further restrictions.
No sexually oriented business may not be operated within
1000 feet, measured in a straight line, without regard to
intervening structures or objects from the nearest property
line of the sexually oriented business to the nearest property
line of any of the following:
• 1. a church;
2. a church sponsored youth activity center;
3. a public or private elementary,
secondary or post-secondary school or
pre-school;
4. a public park;
5. a museum;
6. a licensed day-care or child care center;
7. an entertainment business that is
oriented primarily towards children;
8. a boundary of any residential District;
9. a boundary of any commercial or
traditional business district or a property
legally used as a residential use in said
commercial or traditional business use;
10. a boundary of a local historic residential
district;
11. a boundary of a public park;
12. a boundary of any facility primarily used
or attended by persons under the age of
eighteen (18).
13. a property on the National Register of
Historic Places;
14. a property, place or establishment
that sells or dispenses any alcoholic
beverage; or
15. the boundary of another sexually
oriented business.
C. All activities of the sexually oriented business shall be
carried on completely within enclosed buildings.
d. All other provisions of the Sexually Oriented Business
Ordinance shall apply.
ARTICLE VII.
Section IX. INDUSTRIAL DISTRICTS; Sub-Section II, General Industrial
District; Sub-paragraph B, Permitted Uses, is hereby amended to add the following:
7. Sexually Oriented Businesses
Article VIII.
This Ordinance hereby expressly prohibits any sexually oriented business use
as a permitted or conditional use in any other district other than the 1-1, Light Industrial
District and 1-2 General Industrial District.
ADOPTED THIS 11th day of Jam, 2006
APPROVED:
c
)JOE BIARD, MAYOR
ATTEST:
64
DENISE JOHNSTON, CI CLERK