(A) It shall be unlawful to engage in any adult business or adult use as defined in § 155.003 without first obtaining an Adult Special Use Permit under this section.
(1) Exemption for ancillary adult use. An ancillary adult use shall be exempt from the requirements of this section provided a site plan is on file with the HBZ Officer demonstrating that only an ancillary portion of the business consists of an adult use. The establishment shall maintain adequate records to substantiate the percentage of the overall business operations consisting of an adult use. The adult use shall be considered ancillary if all of the following apply:
(a) The adult use comprises less than fifteen percent (15%) of the overall business operations as measured by the percentage of gross sales or floor area devoted to adult merchandise or service; and
(b) The adult use is not advertised as such by signs on the site advertising the adult use or by adult merchandise visible from the exterior of the building; and
(c) The adult use is separated from and screened from the area into which minors are permitted.
(Ord. 3142, passed 1-26-98)