Henderson considering more land for sexually oriented businesses

Henderson is poised to add additional land for sexually oriented businesses in a community that currently has none of them.

The City Council on Tuesday will be asked to amend city zoning to allow sexually oriented businesses in general industrial and industrial park areas to “provide opportunity for adult novelty businesses and adult bookstores.” If approved, areas where those businesses could locate would expand to 3,514 acres, or 5.22 percent of city zoning. Adult businesses are currently restricted to limited industrial zones, which are 0.29 percent of city zoning, or 197 acres.

City officials said the change updates part of city code that has not been looked at for two decades.

“The city is looking at the zoning for these types of establishments and simply updating the existing requirements to be more reflective of the community as it is constituted today,” City Attorney Josh Reid said. “We’ve looked at other communities and what their requirements are and are making recommendations based on what we feel is appropriate for the city.”

Discussion of the proposed change were raised during the business license denial of The Love Store, which requested to open on North Stephanie Street near Warm Springs Road. Henderson business code allows for sexually oriented businesses, but the zoning restricts where they can be located.

“Whenever we get any applications we look at all our codes,” said Michael Tassi, a city planner. “Sometimes we see things that could potentially be fixed, and this was one of them.”

The amended zoning would allow applications for more areas along Sunset Road, especially east of U.S. Highway 95 between Sunset and Warm Springs, and along Gibson Road near the U.S. 95 and Interstate 215 interchange. Other areas include St. Rose Parkway east of Maryland Parkway and east of Bermuda Road, and along Executive Airport Road.

Clyde DeWitt, attorney for The Love Store, said Henderson’s “wider areas aren’t really wider areas” when it comes to distance restrictions.

“Here’s what they leave out,” said DeWitt, who specializes in representing adult businesses in First Amendment issues. “If you have a church, and the business has to be 1,000 feet away from the church, you draw a circle and that’s 72 acres.”

City code requires sexually oriented businesses to have a separation minimum of 1,000 feet from a child care facility, religious assembly building, property zoned for residential or mixed-use development, hospital, school, government office, public park, teenage dance hall or nightclub, or another sexually oriented business. However, the council is being asked to remove distance requirements between sexually oriented businesses and establishments that serve alcohol or allow gaming.

The proposed change was introduced to the council Aug. 5. At the same meeting, the council denied The Love Store’s appeal for a business license. Store owner Edward Wheeler, who said his store is a love boutique and not an adult bookstore, said after the meeting his customers should not have to go to industrial areas by airports and tire warehouses.

There are currently no sexually oriented businesses located in the city. The last two were the Centerfold Lounge and the What’s Up topless bars, located on Boulder Highway and now closed.

Contact Arnold M. Knightly at aknightly@reviewjournal.com or 702-477-3882. Find him on Twitter: @KnightlyGrind