HomeMy WebLinkAbout~Master - Revising Zoning Regulations to Govern Adult Entertainment Businesses ORDINANCE NO. 2973
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY ADOPTING A NEW SECTION
NUMBERED SEC. 29.83, FOR THE PURPOSE OF REVISING
THE ZONING REGULATIONS TO GOVERN LOCATIONS PER-
MITTED FOR "ADULT ENTERTAINMENT BUSINESSES"; RE-
PEALING ANY AND ALL ORDINANCES OR PARTS OF ORDI-
NANCE IN CONFLICT HEREWITH; PROVIDING A PENALTY;
AND, ESTABLISHING AN EFFECTIVE DATE
BE IT ORDAINED, by the City Council for the City of Ames, Iowa.
Section One. The Ames Municipal Code shall be and is hereby amended
by enacting a new section as follows:
WHEREAS, the City Council finds that studies done in Seattle,
Washington and Phoenix, Arizona support a concern that a secondary
effect of an "adult entertainment business" is to attract to its location
persons with propensities to certain crimes which tends to cause a
higher crime rate in such locations; and
WHEREAS, the City Council finds that studies done in Indianapolis,
Indiana support a concern that a secondary effect of an "adult enter-
tainment business" is to have a depressing effect on the value of
adjacent real estate; and
WHEREAS, the City Council finds that enactment of the following land
use zoning regulations to disperse and separate such businesses from
land uses with which they are not compatible will leave reasonable
alternative locations for such businesses in this city;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Ames, Iowa:
Sec. 29.83. ADULT ENTERTAINMENT BUSINESSES
(1) Regulation of location.
(a) No person shall cause or permit the establishment of
any adult entertainment business as herein defined
within 1,000 feet from another such business, any
school, place of worship, public park, public play-
ground, public plaza or area zoned for residential
use. Measurement shall be taken on a direct line
from the main entrance of such adult entertainment
business to the point on the property line of such
other business, school, places of worship, public
park, public playground, public plaza or area zoned
for residential use which is closest to the said main
entrance of such adult entertainment business.
(b) No person shall cause or permit the establishment
of any adult entertainment business as herein
defined within 200 feet of the public right-of-way
for any arterial street in Ames. Arterial streets
are designated on the City of Ames Arterial Street
Map.
(2) Establishment defined.
The establishment of an adult entertainment business
shall include the opening of such business as a new
business, the relocation of such business, the addition
of such business activity to that of any other business,
or a conversion of an existing business location to any
of the uses and activities herein described and defined.
It shall also include any addition to or expansion of an
existing adult entertainment business which causes said
business to occupy over 50% more space than before such
addition or expansion.
(3) Other definitions
(a) Adult entertainment business means those places of
commerce commonly called 'adult book stores', i.e. ,
a commercial establishment having as its stock in
trade mostly books, films, video cassettes, maga-
zines and other material which is distinguished or
characterized by an emphasis on matter depicting or
describing sex acts or 'specified anatomical areas'.
It also includes commercial establishments commonly
called 'adult' or 'triple x' theater or movie arcade,
i.e. , places used for presentation for a price, of
motion picture films, video cassettes, cable televi-
sion, or any similar visual media distinguished or
characterized by an emphasis on matter depicting,
describing or relating to 'specified sexual activities'
or 'specified anatomical areas' for observation by
patrons.
(b) As used herein, the term 'specified sexual activity'
means acts of human masturbation, or sexual inter-
course in which human sexual organs are shown as
so engaged, or acts of fondling or adult touching of
human genitals. 'Specified anatomical areas', as
that expression is used herein, means human geni-
tals or pubic area, when less than entirely and
opaquely covered."
Section Two. Violation of this ordinance shall constitute a municipal
infraction punishable only by civil penalty as by law provided in
addition to such other remedies as may be established by law for
enforcement of zoning regulations.
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Section Three. Any and all ordinances or parts of ordinances in
conflict herewith shall be repealed to the extent of such conflict, if
any.
Section Four. This ordinance shall be in full force and effect from and
after its passage and publication as required by law.
Passed this 24th day of February 1987.
By By
anc Gib ns, City Jerk .OPaul Goodland, Mayor
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