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HomeMy WebLinkAboutORD557ORDINANCE NO.557 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING AND ADDING TO SECTION 5.0101,BY AMENDING AND ADDING TO SECTION 16.0604 (3), BY ADDING SECTION 17.0111,AND BY ADDING SECTION 17.0211;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 and adding to Section 5.0101,by amending and adding to Section 16.0604 (3), by adding Section 17.0111,and by adding Section 17.0211 to read as follows: Section 5.0101 Add i n their proper alphabetical sequence to read: ADULT USES:For the purposes of this Ordinance,adult uses are: ADULT BOOKSTORE:An establishment: a.Having as a substantial or significant 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 "Specified Anatomical Areas", or an establishment with a segment or section devoted to the sale or display of such material,or b.Having as a substantial or significant portion of its stock i n trade for sale,barter or rental,books,magazines,other period- icals,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 in 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 "specified anatomical areas",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 definitions are applicable to the definition of "adult uses": SPECIFIED SEXUAL ACTIVITIES:Human genitals i n a state of sexual stimu- lation or arousal;act of human masturbation,sexual intercourse,or sodomy;fondling or other erotic touching of human genitals,pubic region,buttock or female breast. SPECIFIED ANATOMICAL AREAS:Less than completely and opaquely covered human genitals,pubic region,buttock,and female breast below a point immediately above the top of the areola;and human male genitals i n a discernibly turgid state,even i f completely and opaquely covered. Section 16.0604 (3)add i n the proper alphabetical sequence to read: Adult Uses a.In order to diminish the adverse secondary effects of adult uses on the community;the harmful effects on neighborhoods and contri- bution to neighborhood blight,including increases i n crime and a diminution of property values;to not suppress free speech; nor unreasonably limit alternative avenues of communication;and to provide ample available sites for such uses;conditional use permits for adult uses shall be subject to all of the following additional requirements: 1.No adult use shall be located with 1000 feet of any of the following uses: a.Churches,synagogues,and any other religious institu- tion; 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. b.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. c.These provisions shall not be construed as permitting any use or act which i s otherwise prohibited or made punishable by law. ORD.NO.557 PAGE TWO OF FIVE add Section 17.0111 to read: Section 17.0111 USES SUBJECT TO A CONDITIONAL USE PERMIT Adult Uses a.In order to diminish the adverse secondary effects of adult uses on the community;the harmful effects on neighborhoods and contri- bution to neighborhood blight,including increases i n crime and a diminution of property values;to not suppress free speech;nor unreasonably limit alternative avenues of communication;and to provide ample available sites for such uses;conditional use permits for adult uses shall be subject to all of the following additional requirements: 1.No adult use shall be located within 1000 feet of any of the following uses: a.Churches,synagogues,and any other religious institu- tion; 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; b.For the purposes of this section,measurement from the proposed adult use shall be made from that portion of the adult use,in- cluding projections therefrom,that i s closest to the property line of any uses listed i n 1 above or to the property line of any land i n any residential zoning district. c.These provisions shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law. add Section 17.0211 to read: Section 17.0211 USES SUBJECT TO A CONDITIONAL USE PERMIT Adult Uses a.In order to diminish the adverse secondary effects of adult uses on the community;the harmful effects on neighborhoods and contri- bution to neighborhood blight,including increases in crime and a diminution of property values;to not suppress free speech;nor unreasonably limit alternative avenues of communication;and to provide ample available sites for such uses;conditional use permits for adult uses shall be subject to all of the following additional requirements: ORD.NO.557 PAGE THREE OF FIVE 1.No adult use shall be located within 1000 feet of any of the following uses: a.Churches,synagogues,and any other religious institu- tion; 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. b.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. c.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 CITY OF APACHE JUNCTION, ARIZONA,THIS 15TH DAY OF SEPTEMBER 19 87 • SIGNED AND ATTESTED TO THIS 2apta_ DAY OF SEPTEMBER ,19 87 • ORD.NO 557 PAGE FOUR OF FIVE orman S.Hill Mayor ATTEST: Kathleen City Clerk onnelly APPROVED AS TO FORM: ORD.NO.557 PAGE FIVE OF FIVE • RECONSIDERED AND AMENDED ON SEPTEMBER 15,1987. ORDINANCE NO.557 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING AND ADDING TO SECTION 5.0101,BY AMENDING AND ADDING TO SECTION 16.0604 (3), BY ADDING SECTION 17.0111,AND BY ADDING SECTION 17.0211;REPEALING ANY CON- FLICTING 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 and adding to Section 5.010T,by amending and adding to Section 16.0604 (3), by adding Section 17.0111,and by adding Section 17.0211 to read as follows: Section 5.0101 Add i n their proper alphabetical sequence to read: 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 "Specified Anatomical Areas",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 in 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 "specified anatomical areas", 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. Reconsidered and amended on September 15,1987. The following definitions are applicable to the definition of "adult uses": SPECIFIED SEXUAL ACTIVITIES:Human genitals i n a state of sexual stimu- lation or arousal;act of human masturbation,sexual intercourse,or sodomy;fondling or other erotic touching of human genitals,pubic region, buttock or female breast. SPECIFIED ANATOMICAL AREAS:Less than completely and opaquely covered human genitals,pubic region,buttock,and female breast below a point immediately above the top of the areola;and human male genitals i n a discernibly turgid state,even i f completely and opaquely covered. Section 16.0604 (3)add i n the proper alphabetical sequence to read: Adult Uses a.In order to diminish the adverse secondary effects of adult uses on the community;the harmful effects on neighborhoods and contri- bution to neighborhood blight,including increases i n crime and a diminution of property values;to not suppress free speech;nor unreasonably limit alternative avenues of communication;and to provide ample available sites for such uses;conditional use permits for adult uses shall be subject to all of the following additional requirements: 1.No adult use shall be located with 1000 feet of any of the following uses: a.Churches,synagogues,and any other religious institu- tion; b.Public or private school or college; c.Public parks or playgrounds; d.Conforming or non -conforming residential use or any resi- dential zoning district; e.Another adult use; f.Any establishment selling alcoholic beverages. b.For the purposes of this section,measurement from the proposed adult use shall be made from that portion of the adut 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. c.These provisions shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law. ORD.NO.557 PAGE TWO OF FIVE Reconsidered and amended on September 15,1987. add Section 17.0111 to read: Section 17.0111 USES SUBJECT TO A CONDITIONAL USE PERMIT Adult Uses a.In order to diminish the adverse secondary effects of adult uses on the community;the harmful effects on neighborhoods and contri bution to neighborhood blight,including increases i n crime and a diminution of property values;to not suppress free speech; nor unreasonably limit alternative avenues of communication;and to provide ample available sites for such uses;conditional use permits for adult uses shall be subject to all of the following additional requirements: 1.No adult use shall be located within 1000 feet of any of the following uses: a.Churches,synagogues,and any other religious institu- tion; 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; b.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 uses listed i n 1 above or to the property line of any land i n any residential zoning district. c.These provisions shall not be construed as permitting any use or act which i s otherwise prohibited or made punishable by law. add Section 17.0211 to read: Section 17.0211 USES SUBJECT TO A CONDITIONAL USE PERMIT Adult Uses a.In order to diminish the adverse secondary effects of adult uses on the community;the harmful effects on neighborhoods and contri- bution to neighborhood blight,including increases i n crime and a diminution of property values;to not suppress free speech; nor unreasonably limit alternative avenues of communication;and ORD.NO.557 PAGE THREE OF FIVE Reconsidered and amended on September 15,1987. to provide ample available sites for such uses;conditional use permits for adult uses shall be subject to all of the following additional requirements: 1.No adult use shall be located within 1000 feet of any of the following uses: a.Churches,synagogues,and any other religious institu- tion; 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. b.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. c.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 CITY OF APACHE JUNCTION, ARIZONA,THIS 5TH DAY OF SEPTEMBER ,19 87 . SIGNED AND ATTESTED TO THIS 6TH DAY OF SEPTEMBER ,19 87 . ORD.NO.557 PAGE FOUR OF FIVE Reconsidered and amended on September 15,1987. ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: r .Alexan City Attorney ORD.NO.557 PAGE FIVE OF FIVE Norman S.Hill Mayor