(A) This chapter is an amendment to the city zoning ordinance, and may be enforced and appealed as such.
(B) No adult use shall be permitted as an accessory use.
(C) An adult use, incidental may locate as a permitted use in the C Commercial Zone subject to the provisions of this chapter and other ordinances, including the standards of the zone.
(D) An adult use, nonprotected may not locate as a permitted or conditional use in any zone of the city.
(E) An adult use-primary may locate as a permitted use in the C Commercial Zone subject to the provisions of this chapter and other ordinances, including the standards of the zone.
(F) No adult use, primary shall be permitted outside of the following designated area: the easterly 786 feet of the Northeast 1A of Section 11, Township 111, Range 30 West, excepting the northerly 578 feet therefrom, and also excepting the southerly 1000 feet therefrom.
(G) When a property owner petitions for the simple subdivision of a large parcel in order to accommodate the location requirement for an adult use-primary, and both resulting parcels would be buildable lots as far as setbacks, lot width and depth, lot area, building coverage, parking, access and utilities are concerned, the Council shall allow the simple subdivision to accommodate the location requirement for an adult use, primary.
(H) An adult use involving new construction shall have off-street parking to accommodate normal traffic generated by the business.
(1) When the determination of the required number of parking spaces results in a fraction, the fraction of one-half or less may be disregarded and the fraction in excess of one-half shall be counted as one space.
(2) An adult cabaret, adult mini-motion picture theater, adult motion picture arcade, adult motion picture theater or other adult use, primary providing on-premises entertainment shall have a minimum of one space for each four seats based upon the designed maximum occupancy or one space for each 400 square feet of floor area.
(3) An adult use-incidental, adult bookstore, adult novelty business or other adult use providing retail sales or rental shall have a minimum of one space for each 600 square feet of floor area.
(I) The moratorium established in the adult use interim ordinance is now expired.
(J) With no nonconforming uses under this chapter, amortization is unnecessary.
(Ord. 92, passed 11-18-2002) Penalty, see § 10.99