§ 29-213. Location of sexually oriented businesses.

(a)

A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than I-1 Light Industrial, I-2 Heavy Industrial, or I-3 General Industrial, as defined, described and permitted in chapter 29, Zoning, of the Code of Ordinances of the City of Pine Bluff, Arkansas.

(b)

A person commits an offense if the person operates or causes to be operated a sexually oriented business within five hundred (500) feet of:

(1)

A boundary of any type of residential district set forth in chapter 29 of the Pine Bluff Code of Ordinances;

(2)

The property line of a lot or land parcel that is devoted to an existing residential use, structure or dwelling as defined in chapter 29 of the Code of Ordinances of the City of Pine Bluff, to include single-family detached dwellings, single-family attached dwellings, manufactured homes, mobile homes, garage apartments, duplex dwellings, multi-family dwellings, college housing, dormitories, and fraternity or sorority houses.

(3)

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

(4)

A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

(5)

A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities;

(6)

A hospital or nursing home.

(c)

A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.

(d)

A person commits a misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one (1) sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

(e)

For the purpose of subsection (b) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection (b). Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

(f)

For purposes of subsection (c) of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

(g)

Any sexually oriented business lawfully operating on December 20, 2000, that is in violation of subsection (a) through (f) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.

(h)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection (b) of this section within five hundred (500) feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.

(Ord. No. 5923, § XIII(1), 12-20-00)