Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 26-148. Conditional use.

Sexually oriented businesses shall not be allowed in any zoning district except C-2 where they may be allowed as conditional uses subject to the following:

(a) No sexually oriented business may be operated within 600 feet of:

(1) A church;

(2) A public or private elementary, middle school, secondary or post-secondary school, pre-school or child care facility;

(3) A boundary of a residential district (R-1, R-1A, R-M, R-2, RMH, MHP or R-O) or any single family or multiple-family residential use;

(4) A public park; family recreation center as defined in A.C.A. § 5-27-226, bowling alley, or skating rink;

(5) A hospital;

(6) Properties listed on the National Register of Historical Places or local historic districts as identified by the Arkansas Historic Preservation Program.

(b) A persons commits an offense if the person causes or permits the operation, establishment, or maintenance or a sexually oriented business within 660 feet of another sexually oriented business, or within 660 feet of any room, building, premises, place or establishment that sells or dispenses any alcoholic beverage, which means but is not limited to distilled spirits, wine or beer.

(c) For the purposes of subsections (a) and (b), measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the sexually oriented business to the nearest property line of any church, public or private elementary, middle school, secondary or post secondary school, pre-school or child care facility, public park, family recreation center, bowling alley, skating rink, residential district or any single family or multiple family residential use, hospital, properties listed on the National Historic Register or local historic districts as identified by the Arkansas Historic Preservation Program, place or establishment that sells or dispenses any alcoholic beverage as defined in the previous paragraph, or any other sexually oriented business.

(d) The zoning ordinance shall be amended to classify sexually oriented businesses as a conditional use in a C-2 Zone, Use Unit 34.

(Ord. No. 2785, § 4, 11-25-97)

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