A. The following criteria must be met to be eligible as a use permitted on review:
1. Flea Markets/Swap Meets - Indoors:
a. Eligible in C-2, C-3, I-2, I-3.
b. Compliance with code provisions:
(1) All mechanical systems, occupancy load computations, eating establishments, plumbing and other pertinent systems or components shall comply with those requirements for mercantile operations as found in the latest edition of the mechanical code, as adopted within this code.
(2) All electrical systems or components shall comply with those requirements for operation as found in the latest edition and as it may be amended of the city's electrical code, as adopted within this code.
(3) Parking shall comply with all requirements as found in article D of this chapter.
(4) All disposal of trash and refuse shall comply with all requirements as found in this code.
2. PWECS (Private Wind Energy Conversion Systems):
a. All structural elements shall meet or exceed a designed wind load for a wind velocity of one hundred twenty (120) miles per hour.
b. The PWECS tower shall be so situated on the lot that the distance from all property lines shall be no less than the height of the tower. All guys and anchors shall meet the yard requirements of the district in which the tower is located.
c. Access to the system by climbing shall be limited by a fenced yard with a locking portal, or by a fence six feet (6') tall with a locking portal a distance of three feet (3') from the base of the PWECS tower, or by limiting climbing apparatus to no more than twelve feet (12') from the ground, or by an anticlimbing device twelve feet (12') from the ground.
d. PWECS may be installed only upon the issuance of a building permit.
e. No PWECS, located in a residential district or on property developed for residential purposes, shall be erected, constructed or maintained upon the roof of a structure.
f. All PWECS towers shall be located to the rear of the primary structure.
g. Nothing in this section shall be interpreted to authorize the establishment of a commercial power generator facility.
h. The height of a PWECS tower shall be measured from grade to the center of the hub.
i. Any PWECS found to cause interference with microwave transmissions or residential television or radio reception must either be modified to alleviate the problem or removed within thirty (30) days.
j. At least one sign shall be posted at the base of the tower warning of the hazard of electrical shock and describing or illustrating shutdown procedures. (1986 Code)
3. Adult Entertainment Uses:
a. C-3 District: Eligible in C-3.
b. Location:
(1) No special permit for an adult entertainment use shall be granted for any proposed location which is within a one thousand foot (1,000') radius of any other adult entertainment use.
(2) No adult entertainment use shall be located within five hundred feet (500') of any church, synagogue, mosque, temple, or any other similar religious building regularly used for prayer, religious activities or worship services, public or private school which offers a compulsory educational curriculum, public or private park or playground, public library, or land zoned A-2, R-1A, R-1B, R-2A, or R-2B.
(3) Surrounding business uses should be considered in terms of possible traffic impacts, limitation of hours of operation, and potential impacts on the stability of existing and proposed retail and office businesses.
c. Required Distances: All required distances shall begin at the property line of the proposed use and be measured to the nearest property line of the religious building as described, school, park, library, or residentially zoned property.
d. Nonconforming Use: Any business which is in violation hereof shall be deemed a nonconforming use. Such use shall not in any manner be enlarged, extended, altered, or rebuilt except that such use may be changed so as to comply with the requirements of this section. Such use is deemed nonconforming until such uses shall be terminated or be brought into compliance.
e. Complying Use: In the event that any two (2) or more adult entertainment uses are located within one thousand feet (1,000') of each other, the adult entertainment use which shall have been first licensed or continually operated shall be deemed to be the complying use. (Ord. 1997-9, 6-19-1997)