(A) Primary adult uses.
(1) All primary adult uses shall require a conditional use permit.
(2) All primary adult uses shall be located within the I, Industrial District.
(3) All primary adult uses shall be located at least the following specified distances, measured radially in a straight line from the closest point of the building or actual leased space of the primary adult use to the property line of a protected use or other adult use, whether the protected use is located in the City or an adjoining community:
(a) A distance of at least 250 feet from the following:
1. Licensed day care centers;
2. Public or private educational facilities classified as an elementary, junior high or senior high schools;
3. Public libraries;
4. Public parks;
5. On-sale liquor establishments; and
6. Churches and church-related facilities.
(b) A distance of at least 400 feet from the following:
1. Other adult uses; and
2. Residential properties, unless separated from the residential properties by a railroad right-of-way or a state highway.
(4) No primary adult use shall locate in any building which is also utilized for any protected use.
(5) At the time of application for a conditional use permit, any property that is proposed to be occupied by an primary adult use must comply with all current zoning, health, fire and building regulations that apply to the site and building.
(6) No primary adult use may occupy a lot with a lot width of less that 100 feet. In addition, each primary adult use shall provide one parking space for each employee on duty, plus parking for customers:
(a) Motion picture theater: one space per six seats actually provided or the maximum seating capacity of the theater.
(b) Motion picture arcade: one space per machine.
(c) All other primary adult uses: one space per 15 square feet of floor area that is open to or used by the public or customers of the primary adult use.
(7) All primary adult uses shall comply with the following sign requirements.
(a) All signs shall be flat wall signs.
(b) The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street.
(c) No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building.
(d) Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one square foot sign shall be placed on the door to state hours of operation and admittance is restricted to adults only.
(8) Primary adult use businesses shall not be open between the hours of 1:00 a.m. and 12:00 noon.
(B) Accessory adult uses.
(1) All accessory adult uses shall require a conditional use permit.
(2) All accessory adult uses shall be located only within the I and B-2 Districts.
(3) All accessory adult uses shall be located at least the following specified distances, measured radially in a straight line from the closest point of the building or actual leased space of the accessory adult use to the property line of a protected use or other adult use, whether the protected use is located in the City or an adjoining community:
(a) A distance of at least 250 feet from the following:
1. Residential properties;
2. Licensed day care centers;
3. Public or private educational facilities classified as an elementary, junior high or senior high schools;
4. Public libraries;
5. Public parks;
6. On-sale liquor establishments; and
7. Churches and church-related facilities.
(b) A distance of at least 500 feet from the following: other adult uses.
(4) No accessory adult use shall locate in any building which is also utilized for any protected use.
(5) Accessory adult uses shall restrict and prohibit access to minors by the physical separation from areas of general access of items that are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
(a) Movie rentals. Display areas for movies that are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities shall be restricted from general view and shall be located within a separate room, the access or entrance to which is in clear view and under control of the persons responsible for the operation or controlled in some other effective manner which meets with the approval of the Zoning Administrator.
(b) Magazines. Magazines that are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities, shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any materials other than the publication title.
(c) Other adult materials or services. Accessory adult uses offering or providing items that are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities and that are not specifically cited above shall comply with the intent of this section, subject to the final approval of the City Council.
(6) Accessory adult uses shall be prohibited from external advertising and signing of items that are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
(7) At the time of application for the conditional use permit, any property that is to be occupied by an accessory adult use must comply with all the current zoning, health, fire and building regulations that apply to the site and building.
(Prior Code, § 1101.05) (Ord. 2003-16, passed - -)