Adult entertainment establishment location standards are as follows.
(A) Requirements. Except for existing legal nonconforming uses governed pursuant to division (B) of this section, adult entertainment establishments located, established, maintained or operated on any lot in the city shall also comply, in addition to complying with all other applicable regulations set forth in this code, with the regulations set forth in divisions (B) through (G) of this section. In the event of a conflict between the provisions of any other regulations and the regulations set forth in divisions (B) through (G) below, the regulations set forth in divisions (B) through (G) of this section shall control to the extent of any conflict.
(B) Existing adult entertainment establishments. Any adult entertainment establishment that is deemed under the provisions of the development ordinance to be an existing legal nonconforming use, shall comply with the provisions of this section applicable to nonconforming uses.
(C) Minimum distance from other adult entertainment establishments. No adult entertainment establishment shall be located, established, maintained or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which any other adult entertainment establishment is located, established, maintained or operated.
(D) Minimum distance from protected uses. No adult entertainment establishment shall be located, established, maintained or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which a protected use is located, established, maintained or operated.
(E) Minimum distance from residential property. No adult entertainment establishment shall be located, established, maintained or operated on any lot that has a property line within 1,000 feet of the property line of any residential property.
(F) Measurement. For the purposes of this section, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the adult entertainment establishment is located to the nearest point on a property line of any residential zoning district, or any lot on which a protected use or other adult entertainment establishment, as the case may be, is located, established, maintained or operated.
(G) Limited exception for subsequent protected uses, alcoholic business and residential property. An adult entertainment establishment lawfully operating under this code and under the city’s adult use licensing ordinance (Chapter 114) shall not be deemed to be in violation of the location restrictions set forth herein solely because: a protected use subsequently locates within the minimum required distance of the adult entertainment establishment; a business that sells or dispenses alcoholic beverage subsequently locates within the same building as the adult entertainment establishment; or property within the minimum required distance of an adult entertainment establishment subsequently becomes residential property. This division (G) shall not apply to an adult entertainment establishment at a time when an application for an adult entertainment license under the city’s adult use licensing ordinance for that establishment is submitted after the license has previously expired, has been revoked or is at that time under suspension.
(Ord. 10-3277, § 1-7.6, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012)