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Home My WebLink About94-9-520239 ORDINANCE NO. 9 4 - 9 -_�;:�Oa AN ORDINANCE CREATING SECTION 40.23, ADULT ENTERTAINMENT ACTIVIITES, OF CHAPTER 40, ARTICLE IV, APPENDIX - A, 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 40.23, Adult Entertainment Activities, is hereby created to read as follows: "SECTION 40.23 ADULT ENTERTAINMENT ACTIVITIES 40.231 Intent and Purpose -- 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. 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: 40.232 Specified Use List Adult Amusement Arcade Adult Book Store Adult Motion Picture Theater Adult State Show Theater Adult Video Cassette Rental Center Cabaret ml Commercial Sexual Entertainment Center Massage Parlor 40.233 Definitions (a) 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 40 G 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 genital, 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. (b) 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. (c) 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 Q hereinafter defined, for observation by persons therein. (d) 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 activities, as hereinafter defined, for observation by persons therein. (e) ADULT VIDEO CASSETTE RENTAL CENTER -- A commercial establishment which has as one of its principal uses the rental or sale of video cassettes which depict material characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as hereinafter 01 defined and which does not provide an on premises showing such material. (f) 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 43 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. (g) 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. (h) 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. (i) MEASUREMENT -- Measurement shall be made by measuring the shortest distance between boundaries. Measurements shall be made on a horizontal plane. -- Depiction human (j) SEXUAL ACTIVITIES of genitals in a state of arousal, acts of human masturbation, sexual intercourse or sodomy, bestiality, holding or other erotic touching of human genitals, public region, buttocks or breasts. (k) 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 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 parlor, 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". 40.234 Location Requirements 1. The above specified uses list shall only be permitted in the M-1 (Light Industrial Zone) 42 2. New establishments may not locate within 1,000 feet of any other lawfully operating adult entertainment establishment. Measurements shall be made as described herein. 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. 4. New establishments may not locate to a site if 75% or more of the tracts within a circular area, as described herein, are residential in character. The radius of such circular area shall be 400 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. 40.235 Non -Conforming Uses Non -conforming uses shall be governed by section 40.02 of this ordinance. 40.236 Screening Requirements Adult Entertainment Establishments as listed in 40.232 shall screen all adjacent property owners. The street side may be exempted. The screening height shall be a minimum of six (6) feet, and shall be at least 80% opaque. 40.237 Sign Requirements Adult Entertainment Establishments as listed in 40.232 shall be allowed a cumulative of fifty (50) square feet of sign space. Sign heights shall not exceed 25 feet. Nothing herein shall exempt compliance with other City of Paducah sign code requirements." 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. M iJ SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: + Le ita Smith, City Clerk Introduced by the Board of Commissioners September 13, 1994 Adopted by the Board of Commissioners September 20, 1994 Recorded by Lenita Smith, City C1 rk, September 20, 1994 Published by The Paducah Sun, -_a—` /-Y1F: ' 43