10-3-1619: NIGHTCLUBS; RESTRICTIONS AND FINDINGS:
A nightclub located on the ground floor of a building shall be no more than thirty five feet (35') wide, including, without limitation, the street frontage. However, this limitation shall only apply to the front half of the nightclub or the front sixty feet (60') of the nightclub, whichever is less. For the purposes of this section, the "front" of the nightclub shall mean the portion of the nightclub located closest to the front lot line.
   A.   Corner Lots: If a nightclub has frontage along two (2) streets, then the width limitation of this section shall apply along each street frontage, but the planning commission, as part of the conditional use permit approving the nightclub, may allow the nightclub to exceed the width limitations of this section along any street frontage that is not the front of the nightclub.
   B.   Spacing: No nightclub shall be located within three hundred feet (300') of another nightclub. Nor shall there be more than one nightclub on any block or at any intersection. A nightclub shall be considered to be at an intersection if it is located on a corner lot adjacent to the intersection of two (2) or more streets.
   C.   Conditional Use Permit Findings: The planning commission shall not issue a conditional use permit for a nightclub unless the planning commission makes the following findings in addition to the findings set forth in section 10-3-3800 B. of this chapter:
      1.   Operation of the nightclub shall not substantially impact upon traffic within its area of the city as defined by the department of planning and community development;
      2.   Operation of the nightclub will be compatible with uses in the area and will not contribute to a concentration of nightclubs that will adversely affect other uses in the area; and
      3.   Off site parking, if provided for the nightclub pursuant to section 10-3-2733 of this chapter, shall not create an adverse impact on surrounding uses, parking resources or traffic due to the distance between the parking and the nightclub, the walking route, the affordability of parking or the anticipated propensity of patrons to utilize the off site parking. (Ord. 98-O-2295, eff. 5-1-1998; amd. Ord. 19-O-2795, 12-10-2019)