1. General Statement of Intent. Adult Entertainment Establishments, because of their special characteristics are recognized as having potential deleterious impacts on surrounding establishments and areas, thereby contributing to creation of blight and to the decline of neighborhoods. These negative impacts appear to increase significantly if several Adult Entertainment Establishments concentrate in any one area. Recognized also is the need to protect lawful rights of expression and use of property and to not unduly restrain general public access. Therefore, it is the intent of these regulations to prevent the concentrations of Adult Entertainment Establishments in all areas, to more severely limit their locations in areas where minors would be expected to live or congregate, and to otherwise regulate their locations in order to protect and preserve the welfare of the community. It is the intent also to provide for sufficient locations for such establishments to protect basic legal rights of expression and public access. These regulations have been enacted with full consideration of the legal and constitutional issues heretofore adjudicated.
2. Definitions. The following terms as defined in Section 165.96 shall govern the interpretation of the regulations of Adult Entertainment Establishments:
A. Adult artist-body painting studio
B. Adult book store
C. Adult cabaret
D. Adult entertainment establishment
E. Adult massage parlor
F. Adult mini motion picture theater
G. Adult modeling studio
H. Adult motion picture theater
I. Adult sexual encounter center
J. Adult theater
K. Specified anatomical areas
L. Specified sexual activities
3. Regulations Governing the Location of Adult Entertainment Establishments.
A. Zoning Districts Where Allowed.
(1) All Adult Book Stores, Adult Motion Picture Theaters, Adult Mini Motion Picture Theaters, Adult Massage Parlors, Adult Theaters, Adult Artist-Body Painting Studios, Adult Modeling Studios, Adult Sexual Encounter Center, Adult Cabaret, and all other Adult Entertainment Establishments shall be allowed in the I-1 and I-2 Zoning Districts as a Principal Permitted Use.
(2) All such establishments described in subparagraph A(1) immediately above shall be allowed in C-4 and C-WH Zoning Districts as a Conditional Use.
B. Establishment of Adult Entertainment Establishment. The establishment of an adult entertainment business shall include the opening of such business as a new business, the relocation of such business, or conversion of an existing business location to any of the uses described as an Adult Entertainment Establishment in subparagraph (3)(A)(1) immediately above.
C. Minimum Separation Requirements:
(1) No such establishment described in subparagraph (3)(A)(1) immediately above shall be located within 1,000 feet of another adult entertainment business, or any school, place or worship, public park, public or private playground, public plaza, day nurseries, day care center, nursery school, regularly scheduled school bus stop or any dwelling (one-family, two-family or multiple-family dwelling), or any residential or agriculture zoning districts as defined in this chapter.
(2) To determine minimum separation distances, measurements shall be taken on the direct line from the closest point on the property line of such adult entertainment business to the closest point on the property line of such uses or Residential Zoning District referenced in (3)(C)(1) above.
(3) No person shall cause or permit the establishment of any adult entertainment business as described in subparagraph (3)(A)(1) above within two hundred (200) feet of the public right-of-way for any arterial street in Hiawatha.
(4) An adult entertainment establishment may not be operated in the same building, structure, or portion thereof, containing another adult entertainment establishment.
D. Exterior Portions of Adult Entertainment Establishments.
(1) It shall be unlawful for an owner or operator of an adult entertainment establishment to allow the merchandise or activities of the establishment to be visible from a point outside the establishment. All building openings, entries, windows, etc., shall be covered or screened in such a manner as to prevent a view into the interior from any public or semi-public area. Displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from the pedestrian sidewalks, walkways, or other public or semi-public areas. It shall be unlawful for an owner or operator of an adult entertainment establishment to allow the merchandise or activities of the establishment to be visible from a point outside said establishment.
(2) It shall be unlawful for the owner or operator of an adult entertainment establishment to allow the exterior portion of the adult entertainment establishment to have flashing lights or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provision of this chapter and Chapter 166.
(3) It shall be unlawful for the owner or operator of an adult entertainment establishment to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to an adult entertainment establishment if the following conditions are met:
a. The establishment is part of a commercial multi-unit center; and
b. The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
(4) Nothing in this chapter shall be construed to require the painting of an otherwise unpainted portion of an adult entertainment establishment.
E. Signage.
(1) Signs for adult entertainment establishments shall have no more than two (2) display surfaces. Each display surface shall:
a. Not contain any flashing lights;
b. Be a flat plane, rectangular in shape.
(2) Signs shall contain no photographs, silhouettes, drawings, or pictorial representations in any manner, and may contain only the name of the enterprise.
(3) Each letter forming a word on a sign shall be of solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.
(4) Any wall signs shall have only one display surface. Such display surface shall:
a. Be a flat plane, rectangular in shape.
b. Be affixed or attached to any wall or door of the enterprise.
c. Not contain any flashing lights.
d. The provisions of subsections 2 and 3 shall also apply to wall signs.
F. Other Provisions.
(1) No alcohol shall be permitted in any adult entertainment business, unless specifically authorized by Iowa Law. This prohibition applies equally to the proprietor and the patrons of the adult entertainment establishment.
(2) No minors, as defined by Chapter 728 of the Code of Iowa shall be permitted in any adult entertainment establishment.