Purpose and findings for regulation of heavy commercial and industrial uses. The intent of this regulation is to provide for the development in desirable areas of the city, based upon the comprehensive plan, of those heavy commercial and industrial establishments which may create some nuisance and which are not properly associated with or compatible with any of the development proposed for the other land use districts. These uses are primarily of a manufacturing, assembling, and fabricating nature requiring good access by road, railroad, and/or river or water access and needing special sites or public utility services. Reasonable regulations apply to uses in this district, so as to permit the location of industries which will not cause adverse effects on residential and commercial areas.

Purpose and findings for regulation of sexually oriented businesses. It is the purpose of these provisions to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. These regulations have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of these regulations to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of these regulations to condone or legitimize the distribution of obscene material.

Based on evidence concerning the adverse secondary effects of adult uses as set forth in reports made available to the board of commissioners, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); FW/PBS, Inc., v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000); and on studies in other communities including, but not limited to: Dallas, Texas; Town and Village of Ellicottville, New York; Tucson, Arizona; St. Mary's, Georgia; St. Croix County, Wisconsin; Newport News, Virginia; and Garden Grove, California; and also on findings from the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the board of commissioners finds:

(1)

There is convincing documented evidence, including statistics and studies performed in a substantial number of communities concerning the serious objectionable characteristics and secondary effects of sexually oriented businesses in other jurisdictions;

(2)

There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by sexually oriented businesses, including but not limited to increase in the crimes related to prostitution, sale and possession of controlled substances and violence against persons and property;

(3)

There are unique harmful effects on children and minors exposed to the effects of sexually oriented businesses, including but not limited to, the deterioration of respect for family values, exposure to images and acts for which they are too young or immature to fully understand, and the possibility that such children or minors could inadvertently become targets or otherwise victims of solicitations of a sexual nature for which they are too young or immature to understand or otherwise take appropriate measure to protect themselves;

(4)

Sexually oriented businesses adversely impact property values and the character of the surrounding neighborhoods and business areas, which together have a deleterious effect on the health and welfare of the community;

(5)

Sexually oriented businesses have both a real and a perceived negative impact on surrounding properties, including crime rates that are higher and property values that are lower. Their presence influences the public's perception of the neighborhood in which they are located, and can create "dead zones" in commercial areas where shoppers do not want to be associated in any way with sexually oriented businesses, nor have their children walk by such uses.

(6)

The findings noted in subsections (1) through (5) raise substantial governmental concerns; and

(7)

The general welfare, health, morals, and safety of the citizens of the city will be promoted by these regulations.

(Ord. No. 23-14, Exh. A, 7-8-14)

In all M-2 districts, no building or land, except as otherwise provided in this ordinance, shall be erected or used except for the following specified uses:

(a)

Any use permitted in the light industrial district.

(b)

Manufacturing, fabrication and/or processing of any commodity.

(c)

Accessory buildings and uses. Garages and other buildings and uses accessory to the principal use.

(d)

Sexually oriented business. For purposes of this section, "sexually oriented business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, seminude model studio, sexual encounter center, or any other sexually oriented business as regulated under Chapter 2.5 of the Code of Ordinances.

(e)

Towing and recovery yards.

(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 04-25, Exh. A, 2-25-25)

The following shall require a conditional use permit according to the procedure in section 4.03: Any use not in conflict with any other ordinances of the city, provided however, that the following uses shall be considered conditional uses and require approval by the board of zoning adjustment:

1.

Bag cleaning;

2.

Boiler works;

3.

Crematoriums;

4.

Tank works;

5.

Central mixing plant for cement, mortar, plaster or paving materials;

6.

Coke oven;

7.

Curing, tanning and storage of raw hides and skins;

8.

Distillation of bones, coal, wood or tar;

9.

Fat rendering;

10.

Forge plant;

11.

Foundry or metal fabrication plant;

12.

Gasoline or oil storage aboveground in excess of five hundred (500) gallons;

13.

Slaughterhouse or stockyards;

14.

Recycling processing facility;

15.

Public or private landfills and sewerage disposal plant;

16.

River terminal/barge facility;

17.

Smelting plant;

18.

The manufacturing of acetylene, acid, alcohol, or alcoholic beverages, ammonia, bleaching powder, chemicals, brick, pottery, terra cotta or tile, candles, disinfectants, dyestuffs, fertilizers, illuminating or heating gas, (or storage of same), linseed oil, paint, oil, turpentine, varnish, soap and tar products;

19.

Synthetic fuel production or operation;

20.

Shooting range, indoors (must meet all federal, state, and local regulations);

21.

Battery energy storage system; or

22.

Any other use which in the opinion of the board of zoning adjustment would emit detrimental or obnoxious noise, vibrations, smoke, odors, dust or other objectionable conditions beyond the confines of its property. The board may grant approval if it determines that the proposed use would not extend its detrimental or obnoxious effects beyond the limits of the heavy industrial district in which it is located.

(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 24-16, Exh. A, 7-12-16; Ord. No. 33-23, Exh. B, 11-28-23; Ord. No. 34-23, Exh. B, 11-28-23; Ord. No. 04-25, Exh. A, 2-25-25)

(See attached schedule of regulations, Article XXVII)

(Ord. No. 23-14, Exh. A, 7-8-14)

(a)

A sexually oriented business shall not be located within one thousand two hundred fifty (1,250) feet of:

(1)

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

(2)

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;

(3)

A boundary of a residential district (R-1, R-2, R-3, R-4, R-5, PUD, R-MH, R-O) or any other residential district hereinafter established as defined in the City of Henderson Zoning Ordinance;

(4)

A public park or recreational area which has been designated for park or recreational activities including, but not limited to, 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 of Henderson;

(5)

The property line of a lot devoted to a residential use, whether such use is conforming or nonconforming to the zoning district in which it is located;

(6)

Any premises licensed pursuant to the alcoholic beverage control regulations of the state.

(b)

A sexually oriented business shall not be located within seven hundred fifty (750) feet of another sexually oriented business.

(c)

Not more than one (1) sexually oriented business shall be located in the same building or structure containing another sexually oriented business.

(d)

For the purpose of subsection (a) 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 (a). The 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.

(e)

For purposes of this subsection (b) 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.

(f)

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 (a) of this section within one thousand two hundred fifty (1,250) feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application is made for a license after the applicant's previous license has expired or been revoked.

(Ord. No. 23-14, Exh. A, 7-8-14)