3.06.1 ADULT ESTABLISHMENTS
A. Some special entertainment uses because of their very nature can have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances can produce deleterious secondary effects on adjacent areas and the community at large, including increased transients, increased crime, disruptive conduct, financial instability and negative influences on children and the surrounding populace.
B. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood due to the deleterious secondary effects listed above.
C. Avoiding concentration of these uses, separating these uses from other uses and screening these uses can reduce the deleterious secondary effects listed above.
D. These special regulations are itemized in this section. The primary control or regulation is the purpose of preventing a concentration of these uses in any one area (i.e., not more than one such use within 2,000 feet of each other which would create such adverse effects):
1. Adult bookstores;
2. Adult motion picture theaters housed in a permanent indoor structure;
3. Clubs and other places of entertainment operated as a commercial enterprise providing nude or semi-nude entertainment such as "topless" dancing;
4. Eating and drinking establishments including drive-in curb service providing nude or semi-nude entertainment such as "topless" dancing;
5. Any physical culture establishment, masseur, massage parlor, health salon or club not otherwise defined in this UDO;
6. Adult motels and hotels.
E. Location of uses
1. No use regulated under this section may be located within 2,000 feet of another use permitted under this section which will be measured from the exterior walls of the building(s) containing such regulated use.
2. No use permitted under this section may be located within 1,000 feet of any area zoned for residential use or from the property line of any residential dwelling.
3. One thousand 500 feet of any religious institutions, day care center (child/adult) or public or private schools, public park, library or theater open to the general public in any zoning districts.
4. Measurements of distance separation shall be in a straight line from the closest points of the building at which the adult uses are located.
5. No use regulated under this section may be located in any designated Highway Overlay District.
F. Signs
1. Signage is limited to one wall sign per premise.
2. The maximum sign area shall be ten square feet.
G. Hours of Operation
No adult establishment shall operate before 4:00 p.m. or after 12:00 midnight.
3.06.2 DRIVE-IN THEATER
A. Outdoor theaters shall be buffered from adjoining residential uses with a 50- foot buffer as set forth in Article IV.
B. The performance and audience areas for any outdoor theater shall be located a minimum of 200 feet from any adjacent residentially zoned property.
C. Primary access to all outdoor theaters shall be to a collector or higher order street.
D. Lights shall be shielded and positioned so as not to shine onto adjacent properties.
3.06.3 DRIVE-THROUGH FACILITIES
A. Traffic queues will not interfere with pedestrian movement along public sidewalks or create a traffic hazard.
B. Use of the drive-through service will not interfere with the use, enjoyment or operations of adjacent properties.
C. Drive-through lanes or loading spaces shall not be located any closer than 35 feet to a residential zoning district.
D. If a speaker box faces a residential zoning district, there shall be a 50-foot buffer or sound wall between the speaker box and the residential district.
E. Stacking Lane Requirements
1. All uses and facilities providing drive-up or drive-through service shall provide the at least the minimum required vehicle stacking spaces established below.
2. Stacking spaces shall be a minimum of eight feet wide by 20 feet long.
3. Stacking spaces shall not impede on-site or off-site traffic movements, including access to parking spaces.
4. A solid faced brick, masonry or wooden wall or fence shall be provided along a property line abutting lots or parcels zoned residential purposes to block lights from vehicles in the stacking lanes or drive through facility.
Activity | Minimum Required Stacking Spaces | Measured From |
Bank teller lane | 4 | Teller or Window |
Restaurant, drive-through | 6 | Order Box to Beginning of Drive Through Lane |
Car wash | 4 | Stall Entrance |
3.06.4 GAS/FUELING STATION
A. Canopies/Pumps
1. Must be located to the side or rear of the principal building.
2. Pump canopies must be located at least 50 feet from any interior side or rear property line that adjoins residentially developed property.
3. Must be buffered from adjoining single-family detached residential land uses with a 20-foot buffer in accordance with Article IV.
4. The maximum number of pumps permitted at a single gas/fueling station shall be 12.
5. A conforming principal building is required and shall be a minimum of 1,000 square feet.
B. Lighting
All lighting must be shielded to direct light and glare only onto the lot or parcel where the gas/fueling station is located and shall be in accordance with Article IV.
3.06.5 OPEN AIR RETAIL
A. The use shall be conducted behind the prevailing setback line for the district.
B. Sidewalk kiosks, vendor carts, concession stands, etc.: Such uses shall be permitted to operate within the right-of-way provided that adequate pedestrian clearance on the sidewalk is maintained (minimum of five feet) and the automobile and bicycle travel way is clear of obstructions.
C. No permanent parking is required but the use must accommodate reasonable vehicular circulation and parking to preclude off-site impacts as determined by the Administrator.
3.06.6 OUTSIDE SALES
A. Outside sales must be clearly secondary to the primary use within the associated permanent structure and shall generally be located to the side or rear of the principal structure. Display of merchandise for sale outdoors in the front yard shall not exceed a maximum of 12 feet from the front face of the building.
B. Displays on public sidewalks: Merchandise for sale may be placed on the public sidewalk in front of the shop where the building is directly adjacent to the sidewalk provided that adequate pedestrian clearance on the sidewalk is maintained (minimum of five feet). Such sales may also be subject to other town ordinances, ADA requirements, etc.
C. Merchandise for sale may be located outside the primary use between the hours of 7:00 a.m. to 7:00 p.m. except in the NMX District where outside sales hours shall match the principal business hours. This provision does not apply to primary uses for automobile, vehicles or equipment sales.
3.06.7 PAWN SHOPS
Pawn shop facilities shall be at least 1,000 feet from a religious institution, school or playground or another pawn shop and shall have a minimum of 500 feet road frontage spacing from residential uses in a residential zoned district.
3.06.8 SHOOTING RANGE, OUTDOOR
A. Outdoor shooting ranges shall be buffered from adjoining properties with a 50- foot buffer as set forth in Article IV.
B. Outdoor shooting ranges shall be located no closer than 1,000 feet to any religious institution, school or residential dwelling.
3.06.9 THEATER, OUTDOOR
A. Outdoor theaters shall be buffered from adjoining residential uses with a 50-foot buffer as set forth in Article IV.
B. Primary access to all outdoor theaters shall be to a collector or higher order street.
C. Lights shall be shielded and positioned so as not to shine onto adjacent properties.
3.06.10 VEHICLE RENTAL (MOVING TRUCKS)
A. Vehicles must be stored in an area that is screened from the public right-of-way and adjacent residential neighborhoods by a 50-foot buffer in accordance with Article IV.
B. When vehicle rental is an accessory use, the storage of vehicles shall not occupy more than the minimum number of required spaces.
C. All parking areas shall be placed in accordance within the provisions of Article IV and shall be accessory to an otherwise conforming building.
3.06.11 VEHICLE SERVICES – MINOR MAINTENANCE/REPAIR
A. All outdoor storage areas shall be screened by a 50-foot buffer in accordance with Article IV or a combination of an opaque fence and landscaping.
B. Vehicle bays shall be set perpendicular to the street or otherwise screened from direct view by landscaping.
(Ord. passed 2-14-2017; Ord. 2022-06, passed 7- 13-2021)