The Council approved creating a C-6 zoning category, specifically for detoxification facilities and sexually oriented businesses.
“The state Legislature passed a law where there is a requirement for cities to notify residents within a 1,320 feet of a detoxification center, and the cities have to adopt that which is what we tried to do with this,” City Manager Mike Rutledge has said. “We have looked for a long time at trying to put in some ordinances and codes that deal with sexually explicit stores such as Christie's Toy Box — that type of thing — or an adult establishment such as a strip bar.”
In the planning commission meeting where the item was first approved, Melissa Helsel, interim community development director, told commissioners the city has not received any interest from a sexually oriented or detoxification business. If the city ordinance is left as is, an owner of a sexually oriented business could file for a $75 special-use permit and could move into any commercial district in Mustang, after a review by planning commissioners and the City Council.
The ordinance makes opening such businesses inside Mustang's city limits much more difficult.
Detox facilities
Under C-6 zoning, opening a detoxification facility would require the owner pay $500 for a zoning change, which would be reviewed by planning commissioners and the City Council. Typically, zoning change fees cost $175. The cost for obtaining a notification list would also increase because they would have to contact property owners within a 1,320-foot radius instead of just 300 feet.
The ordinance also makes special time allowances related to the C-6 zoning change process. Instead of 20 days, city staff would be required to notify affected property owners 30 days in advance of the planning commission hearing.
Also instead of requiring commissioners to hold a hearing within 45 days after an application is filed, for a C-6 zoning, hearings must be held no earlier than 30 days after the request is filed and no later than 60 days.
Sexually oriented
businesses
While detoxification facilities would be permitted by right within a C-6 zoning district, the proposed law would make sexually oriented businesses face a lengthy and expensive review and further restrictions on their location and operation.
Businesses covered under the ordinance include:
*Adult amusement or entertainment, which includes “topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.”
*Adult bookstores that sell sexual devices or “visual reproductions” depicting sexual conduct, genitalia and devices.
*Adult movie arcades, with coin-operated devices displaying five or fewer sexual images.
*Adult movie theater.
*Model studio.
*Massage parlor.
*A sexual encounter center, which is defined as a place where a person pays a fee to have sexual contact with another.
The ordinance also states that sexually oriented businesses cannot be within 1,000 feet of the following:
*Land zoned or used for residences;
*A church or worship center;
*A public or private educational facility, including day-care centers, preschools, career technology centers, colleges and elementary and secondary schools;
*A public park or recreation area;
*A public library;
*Premises licensed to sell, serve or distribute alcohol;
*An entertainment business geared toward children or families; or
*Any other sexually oriented business.
Once the business is opened, its operation would be limited further under this ordinance:
*The business would not be allowed to operate on Sundays, and its hours would be limited to between 9 a.m. and 11 p.m. during the rest of the week.
*No one younger than 21 years old would be allowed to enter.
*No beer, wine, alcohol or mixed drinks could be served.