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Home My WebLink About97-10-5746255 ORDINANCE N0. 97-10-yS '24� AN ORDINANCE AMENDING SECTION 126-78, ADULT ENTERTAINMENT ACTIVITIES, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 126-78, Adult Entertainment I' Activities, is hereby amended to read as follows: "SECTION 126-78 ADULT ENTERTAINMENT ACTIVITIES (a) Intent and Purpose. (1) In order to prevent crime, protect the city's retail trade, maintain property values, and generally to protect and preserve the quality of its neighborhoods, commercial districts, and the quality of urban life, this ordinance regulates the location of adult establishments by dispersing them throughout the City of Paducah. In the development and execution of this section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the use and enjoyment of adjacent areas. (2) Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. Uses subject to these controls are as follows: (b) Specified Use List. Adult Amusement Arcade Adult Book Store Adult Motion Picture Theater Adult State Show Theater Adult Video Cassette Rental Center Cabaret Commercial Sexual Entertainment Center Massage Parlor (c) Definitions. OW Adult Amusement Arcade --An establishment having as one of its principal uses one or more of the following: customer -operated motion picture devices, peep shows, viewing area, and /or similar devices, for display of material distinguished or characterized by an emphasis on depiction of sexual activities, as hereinafter defined, or which offer persons who expose to view of the customers the bare female breast below a point immediately above the top of the areola, human genitals, pubic region or buttocks, even if partially or completely covered by translucent material, or human or simulated male genitals in a discernible turgid state, even if completely or opaquely covered. Adult Book Store --An establishment having as one of its principal uses the sale, rent, or display of pictures, books, periodicals, magazines, appliances, and similar materials which are distinguished or characterized by their emphasis on depiction of sexual activities as hereinafter defined or an establishment with a substantial segment or section devoted to the sale, rental or display of such material. Adult Entertainment Center -- Any use or building or portion thereof, which contains, or is used for commercial entertainment where the patron directly or indirectly is Q charged a fee to engage in personal contact with or to allow personal contact by employees, devices, or equipment or by personnel provided by the establishment or view a series of dance routines, strip performances or other choreography provided by the establishment which appeals to the prurient interest of the patron, to include, but not be limited to bath houses, massage parlors, and related or similar activities. Any permitted, conditionally permitted, or accessory uses allowed within any zone shall not be interpreted to include "adult entertainment center". Adult Motion Picture Theater -- An establishment having or advertising as having as one of its principal uses the presentation of motion pictures, slide projections, and other similar material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as hereinafter defined, for observation by persons therein. Adult Stage Show Theater -- An establishment having or advertising as having as one of its principal uses the presentation of live performances of humans or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual 256 activities, as hereinafter defined, for observation by persons therein. Adult Video Cassette Rental Center -- A commercial establishment which has as one of its principal uses the rental or sale of video cassettes, or other forms of media, which depict material characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as hereinafter defined and which does not provide an on premises showing such material. Cabaret -- An establishment which features as a principal use of its business, entertainers, and/or waiters and/or bartenders, male or female impersonators and/or other persons, either male or female, who expose to public view of the patron of said establishment at any time the bare female breast below a point immediately above the top of the areola, human genitals, pubic region or buttocks, even if partially or completely covered by translucent materiel, and/or human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered. Commercial Sexual Entertainment Center -- Any other commercial establishment not otherwise described herein which make available material, services or entertainment appealing to adult sexual interests including but not limited to "bath houses", swingers club" or similar establishments services or goods that are advertised by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests. Principal Use - Shall mean a significant portion of the use. The following criteria shall establish principal use: a) Contains 100 of its stock in trade in material or uses as described herein. b) Contains 100 of its useful occupied floor area to materials and uses as described herein. c) Contains more than 100 square feet of occupied floor space for the display, sale, or storage of materials or uses as described herein d) Exterior signs or advertising that premises as a business for materials or activities as described herein. Massage Parlor -- An establishment for treating the human body by rubbing, stroking, kneading, tapping or similar treatment with the hand and promotes its service in a manner designed to appeal to the patron's sexual interest. 257 Measurement -- Measurement shall be made by measuring the shortest distance between boundaries. Measurements shall be made on a horizontal plane. Sexual Activities -- Depiction of human genitals in a state of arousal, acts of human masturbation, sexual intercourse or sodomy, bestiality, holding or other erotic touching of human genitals, pubic region, buttocks or breasts. (d) Location requirements. (1) The above specified uses list shall only be permitted in the M-1 (Light Industrial Zone). The provisions of Sec. 126-111(1)a and 126- 112(1)a, do not apply to this section. (2) New establishments may not locate within 1,000 feet of any other lawfully operating adult entertainment establishment. Measurements shall be made as described nen in subsection (c) of this section. (3) The above specified uses list shall not be operated or maintained within four hundred (400) feet of a residentially zoned district, and/or within four hundred (400) feet of a house of worship, a state licensed day care facility, a school, or a public park. Measurements shall be made as described herein in subsection (c) of this section. (4) New establishments may not locate to a site if q-5% 50% or more of the tracts, or land area, within a circular area, as described herein, are residential in character. Vacant lots suitable for residential character, shall be considered residential in character. The radius of such circular area shall be 449-G 1000 feet. The center of such circular area shall correspond to the midpoint of a line joining the two most distant points on the boundary of the tract on which the enterprise is located. (e) Non -Conforming Uses. Non -conforming uses shall be governed by section 126-63 of this ordinance. (f) Screening Requirements. Adult Entertainment Establishments as listed in subsection (b) of this section shall screen all adjacent property owners. The street side may not be exempted. The screening height shall be a minimum of six (6) feet, and shall be at least 800 opaque. Screening Materials: The approved screen shall consist of wooden fences l]D Ic 258 and landscape materials. The use of chain-link and barbed wire is not a suitable screen. (g) Sign Requirements. Adult Entertainment Establishments as listed in subsection (b)of this section shall be allowed a cumulative of fifty (50) square feet of sign space as described in 126-46(b). Sign heights shall not exceed 25 feet. Nothing herein shall exempt compliance with 4 other City of Paducah sign code requirements. The provisions of 126-76(i) do not apply to this section. (h) Gaming and gambling facilities. (1) For the purpose of this section, a gaming or gambling facility is one that operates as its principal use betting games, or games of chance for prizes. These include, but are not limited to, bingo parlors, horse tracks, coin operated electronic or mechanical devices and card games. (2) No principal permitted use for gaming or gambling as set forth in subsection (a) may operate within 200 feet of any residential district. SECTION 2. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. C'tI4�e '- 2 - Mayo4 AT"Smi eity Clerk Introduced by the Board of Commissioners October 14, 1997 Adopted by the Board of Commissioners October 28, 1997 Recorded by Lenita Smith, City Clerk, October 28, 1997 Published by The Paducah Sun, ?IeM. 6 1197 \winword\ordinanc\plan\zone\126-78