1154.03 CONDITIONS.
   (a)   No adult entertainment facility shall be established within 2,000 feet of any area zoned for residential use.
   (b)   No adult entertainment facility shall be established within a radius of 2,000 feet of any school, library or teaching facility, whether public or private, governmental or commercial, which school, library or teaching facility is attended by persons under eighteen years of age.
   (c)   No adult entertainment facility shall be established within a radius of 2,000 feet of any park or recreational facility attended by persons under eighteen years of age.
   (d)   No adult entertainment facility shall be established within a radius of 2,000 feet of any other adult entertainment facility.
   (e)   No advertisements, displays or other promotional materials shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.
   (f)   All building openings, entries, windows, etc., for adult uses shall be located, covered or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.
   (g)   No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters, enclosed or drive-in; that can be seen or discerned by the public from public or semi-public areas.
   (h)   Off-street parking shall be provided in accordance with standards for permitted uses within M-2 Districts as appropriate.
   (i)   Subsections (a) through (e) herein may be waived by the Board of Zoning Appeals provided that the application provides affidavits of at least fifty-one percent (51%) of the property owners and resident freeholders within the above-described radius, giving their consent to the establishment of an adult entertainment facility and if the Board determines:
      (1)   That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;
      (2)   That the proposed use will not enlarge or encourage the development of a skid row or similar depressed area;
      (3)   That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal, residential or commercial reinvestment, or renovation of a historical area; and
      (4)   That all applicable regulations of this section will be observed.
   (j)   No adult entertainment facility where a previously existing nonconforming use has been discontinued for a period of six months or more shall again be put to such a nonconforming use.
(Ord. 111-86. Passed 1-19-86.)