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HomeMy WebLinkAboutORD486ORDINANCE NO.486 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING SECTION 5.0101 AND BY ADDING SECTION 17.0111;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I IN GENERAL The Apache Junction,Arizona,Zoning Ordinance i s amended by amending Section 5.0101 and by adding Section 17.0111 to read as follows: Section 5.0101 Add: ADULT USES:For the purposes of this Ordinance,adult uses are: ADULT BOOKSTORE:An establishment: a.Having as a portion of its stock i n trade for sale,barter,or rental,books,magazines,other periodicals,films or videotapes which are distinguished or characterized by their emphasis on matter depicting,describing or relating to "Specified Sexual Activities"or an establishment with a segment or section devoted to the sale or display of such material,or b.Having as a portion of its stock i n trade for sale,barter or rental,books,magazines,other periodicals,films or videotapes and which excludes minors by virtue of age from the premises or a section thereof. ADULT THEATER:An enclosed building: a.Regularly used for presenting for observation by patrons therein any film or plate negative,film or plate positive,film or tape designed to be projected on a screen for exhibition,or films, glass slides or transparencies,either i n negative or positive form,designed for exhibition by projection on a screen,or any type of viewing booth or equipment,distinguished or characterized by an emphasis on matter depicting,describing or relating to "Specified Sexual Activities",or b.Regularly used for presenting for observation by patrons therein any film or plate negative,film or plate positive,film or tape designed to be projected on a screen for exhibition,or films, glass slides or transparencies,either i n negative or positive form,designed for exhibition by projection on a screen,or any type of viewing booth or equipment and which regularly excludes minors by virtue of age from the premises. The following definition i s applicable to the definition of "adult uses": SPECIFIED SEXUAL ACTIVITIES:Human genitals in a state of sexual stimulation or arousal;act of human masturbation,sexual intercourse or sodomy;fondling or other erotic touching of human genitals,pubic region,buttock or female breast. Section 17.0111 USES SUBJECT TO A CONDITIONAL USE PERMIT Adult uses,subject to the following additional standards: 1.No adult use shall be located within 1000 feet of any of the following uses: a.Churches,synagogues and any other religious institution b.Public or private school or college c.Public parks or playgrounds d.Conforming or non -conforming residential use or any residential zoning district e.Another adult use f .Any establishment selling alcoholic beverages 2.For the purposes of this section,measurement from the proposed adult use shall be made from that portion of the adult use,including projections therefrom,that i s closest to the property line of any use listed i n 1 above or to the property line of any land i n any residential zoning district. 3.These provisions shall not be construed as permitting any use or act which i s otherwise prohibited or made punishable by law. This Ordinance shall become effective October 15,1986. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances i n conflict with the provisions ofthisOrdinanceoranypartofthecodeadoptedhereinbyreferencearehereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,sub -section,sentence,phrase,clause or portion of this Ordinance or any part of the code adopted herein by reference i s for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 15th DAY OF APRIL ,19 86 . ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: av City exa ttorney Norman S.Hill Mayor *Originally adopted on March 18,1986,and reconsidered on April 15,1986, to become effective on October 15,1986. ORDINANCE NO.486 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING SECTION 5.0101 AND BY ADDING SECTION 17.0111;REPEALING ANY CONFLICTING PRO- VISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CIY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I IN GENERAL The Apache Junction,Arizona,Zoning Ordinance i s amended by amending Section 5.0101 and by adding Section 17.0111 to read as follows: Section 5.0101 Add: ADULT USES:For the purposes of this Ordinance,adult uses are: ADULT BOOKSTORE:An establishment: a.Having as a portion of its stock i n trade for sale,barter or rental, books,magazines,other periodicals,films or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities"or an establish- ment with a segment or section devoted to the sale or display of such material,or b.Having as a portion of its stock i n trade for sale,barter or rental, books,magazines,other periodicals,films or videotapes and which excludes minors by virtue of age from the premises or a section thereof. ADULT THEATER:An enclosed building: a.Regularly used for presenting for observation by patrons therein any film or plate negative,film or plate positive,film or tape designed to be projected on a screen for exhibition,or films,glass slides or transparencies,either i n negative or positive form,designed for exhibition by projection on a screen,or any type of viewing booth or equipment,distinguished or characterized by an emphasis on matter depicting,describing or relating to "Specified Sexual Activities",or b.Regularly used for presenting for observation by patrons therein any film or plate negative,film or plate positive,film or tape designed to be projected on a screen for exhibition,or films,glass slides or transparencies,either i n negative or positive form,designed for exhibition by projection on a screen,or any type of viewing booth or equipment and which regularly excludes minors by virtue of age from the premises. The following definition i s applicable to the definition of "adult uses": SPECIFIED SEXUAL ACTIVITIES:Human genitals i n a state of sexual stimulation or arousal;act of human masturbation,sexual intercourse or sodomy;fondling or other erotic touching of human genitals,pubic region,buttock or female breast. Section 17.0111 USES SUBJECT TO A CONDITIONAL USE PERMIT Adult uses,subject to the following additional standards: 1.No adult use shall be located within 1000 feet of any of the following uses: a.Churches,synagogues and any other religious institution b.Public or private school or college c.Public parks or playgrounds d.Conforming or non -conforming residential use or any residential zoning district e.Another adult use f .Any establishment selling alcoholic beverages 2.For the purposes of this section,measurement from the proposed adult use shall be made from that portion of the adult use,including projections therefrom,that i s closest to the property line of any use listed i n 1 above or to the property line of any land i n any residential zoning district. 3.These provisions shall not be construed as permitting any use or act which i s otherwise prohibited or made punishable by law. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances i n conflict with the provisions of this Ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,sub -section,sentence,phrase,clause or portion of this Ordinance or any part of the code adopted herein by reference i s for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CTY OF APACHE JUNCTION, ARIZONA,THIS 18TH DAY OF MARCH ,19 86 . Norman S.Hill Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: DEACT.—A1 x — City `Nttorney *Reconsidered and amended on April 15,1986,to become effective on October 15,1986.