ORDINANCE

City of Portland, Tennessee

No. 17-59

SECOND READING

AN ORDINANCE TO AMEND THE COMBINED ZONING ORDINANCE OF THE CITY

OF PORTLAND AND THE PORTLAND PLANNING REGION IN REGARDS TO
ADULT ORIENTED BUSINESSES

WHEREAS, all land use activities must be defined and criteria established to allow activities
within the Portland City limits and the Planning Region in a designated zoning district, and
WHEREAS, the City of Portland has previously addressed Adult Oriented Businesses in the
Zoning Ordinance, and
WHEREAS, it is necessary to periodically amend the zoning ordinance consistent with other
nearby cities.
WHEREAS, it is not the intent of the city to suppress any speech activities protected by the First
Amendment, but to enact a content neutral ordinance.

NOW, THEREFORE, BE IT ORDAINED that the text of the combined Zoning Ordinance is
amended as follows:

1. That Article III, Chapter 2, Definition of Terms, shall be amended as follows:

ADULT-ORIENTED ESTABLISHMENT. As defined by Tennessee Code
Annotated 7-51-1102. (6)

2. That Article III, Chapter 3, Section 310 be amended as follows:

3-310 Activity Type Adult Oriented Establishment

 (a) Intent and Limitations
This grouping includes but is not limited to establishments who
provide adult oriented entertainment or material to the general
public.

(b) Use Listing

Adult Bookstore
Adult mini-motion picture theatre
Adult motion picture theatre
Adult entertainment center
Massage parlor
Sauna
Adult cabaret

3. That Article VII, Chapter 2, Table 7-201A (Contd) BE AMENDED AS FOLLOWS:

 TABLE 7-201A (Contd)

PERMITTED AND CONDITIONAL USES AND

STRUCTURES ALLOWABLE WITHIN MIXED USE
AND COMMERCIAL DISTRICTS

DISTRICTS CBD GCS ISD MPO NSD OPS HCD

III. COMMERCIAL ACTIVITIES

A. Adult Oriented Establishment
B. Animal Care and Veterinary P P P P
Services
C. Automotive Parking P P P P P
D. Automotive Repair and Cleaning P P
E. Automotive and Other Vehicular, P P
Craft and Related Equipment
Sales, Rental and Delivery
Service and Repair
F. Automotive Servicing P P P (7-404)
G. Business and Communications P P P P P
Services
H. Construction Sales and Services P P
I. Convenience Retail Sales and P P P P (7-404) P
Services
J. Financial, Consulting and P P (7-404)
Administrative Services
K. Food and Beverage Service P P P P (7-404) P
General
L. Food Service - Limited P P P
M. General Personal Services P P (7-404) P
N. General Equipment and Repair P P
Services
O. General Retail Trade P P P
P. Group Assembly Limited P P
Add a P P
R. Professional Services Medical P P P (7-404) P
S. Professional Services Other P P P (7-404) P
T. Scrap Operations
U. Transient Habitation P P P
V. Undertaking Service P P P
W. Warehousing, Goods, Transport, P P P
and Storage
X. Wholesale Sales and Business Supply P P P P
X. Self-storage facilities P
IV. MANUFACTURING ACTIVITIES
A. Manufacturing Limited P
 4. That Article VIII, Chapter 4, Section 402, (B) be amended to include the following
definition:

(7) ADULT CABARET. As defined by Tennessee Code Annotated

7-51-1102. (2)

5. That Article III, Chapter 4, Section 402, (C) be amended as follows:

(c) No adult bookstore, adult motion picture theater, adult mini-motion picture
theater, adult entertainment center, massage parlor, sauna, or adult cabaret shall
be operated or maintained within one thousand (1,000) feet of a residentially
zoned district, or within five hundred (500) feet of a church, state licenses day
care facility, public library, public or private educational facility that serves
persons having an age of seventeen (17) or younger, elementary school,
middle school, high school, or municipal park. Only one of the above
regulated uses shall be allowed per block face. As used in this section, block
face shall contain a maximum of five hundred (500) linear feet of road frontage.
The distance limitations shall 0be measured in a straight line from the lot lines
of the land containing regulated uses to the lot lines of properties described.

BE IT FURTHER ORDAINED by the City Council of the City of Portland, Tennessee that this
Ordinance shall take effect after its final passage, the public welfare requiring it.

_______________________________ ______________________________
Kenneth Wilber, Mayor Doug Yoeckel, City Recorder

Passed First Reading: September 5, 2017

Passed Second Reading: