(a) Application of Section. This section shall apply to the regulation of adult entertainment businesses.
(b) Purpose. The purpose of this section is to promote the public health, safety and general welfare through the regulation of adult entertainment businesses in order to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity of existing adult entertainment businesses, amusement arcades, residential areas, schools, churches, parks, libraries, social service facilities, neighborhood centers and playgrounds within the City.
(c) Conditional Use Permit Required. No structure or lot shall be used for an adult entertainment business unless authorized by the issuance of a conditional use permit in accordance with the other provisions of this Zoning Code and the following conditional use criteria:
(1) No adult entertainment business shall be permitted in a location that is within 1,500 feet of another adult entertainment business;
(2) No adult entertainment business shall be permitted in a location that is within 1,000 feet of any church, public or private school, park, playground, library, social services facility and/or neighborhood center;
(3) No adult entertainment business shall be permitted in a location that is within 500 feet of any amusement arcade, residence and/or boundary of any Residential District; and
(4) No adult entertainment business shall be permitted in a location in the City that is within 500 feet of any boundary of any Residential District that is located outside of the City corporate limits.
(d) Nuisances Conditions Prohibited. The operator of an adult entertainment business shall maintain peace, quiet and order in and about the premises. Failure to do so shall constitute a nuisance and shall be deemed to be a violation of this Zoning Code.
(e) Complaints. Any resident or property owner of the City may submit to the Zoning Administrator a written notice of complaint regarding the operation of any adult entertainment business. The notice of complaint shall include the name and address of the complainant, the name and address of the business and the specific reasons (noise, trash, congestion, etc.) why the person is complaining. After interviewing both the complainant and the operator of the business, the Zoning Administrator shall determine whether or not there is a problem and, if so, shall seek to arrive at a reasonable remedy. If the problem persists, or if a remedy cannot be agreed upon, the Zoning Administrator shall document the situation and refer the matter to the Board of Zoning Appeals for its decision regarding the continued validity of the conditional use permit.
(f) Termination and Revocation of Conditional Use Permit. The conditional use permit for any adult entertainment business shall terminate immediately when the operator is convicted of any minor misdemeanor or a greater crime. In addition, the Zoning Administrator shall revoke immediately the conditional use permit for any adult entertainment business if ordered to do so by the Board of Zoning Appeals after a public hearing.
(Ord. 186-91. Passed 10-15-92.)