(A) Purpose.
(1) The nature of adult uses is so that they are recognized as having adverse secondary effects, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks.
(2) Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential areas.
(3) Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of the uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.
(B) General provisions. Adult uses shall be subject to the following general provisions:
(1) Activities classified as obscene are not permitted and are prohibited. In no instance shall the application or interpretation of this chapter be construed to allow an activity otherwise prohibited by law;
(2) Adult uses, either principal or accessory, shall be prohibited from locating in any building, which is also utilized for residential purposes; and
(3) An adult use, which does not qualify as an adult use-accessory, shall be classified as an adult use-principal.
(C) Adult use-principal.
(1) Adult use-principal shall be a permitted conditional use in the M-1 Industrial District subject to the locational criteria outlined below.
(2) Adult use-principal shall be located at least 300 feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use-principal is located to the property line of:
(a) A zoning district in which residential uses are specifically listed as a permitted or conditional use;
(b) A licensed day care center;
(c) A public or private educational facility classified as an elementary, junior high or senior high;
(d) A public library;
(e) A public park;
(f) Another adult use-principal; and
(g) Any church or church related organization.
(3) Adult use-principal shall be located at 100 feet, as measured in a straight line from the closes point of the property line of the building upon which the adult use-principal is located to the closest point of the property line of the residences that are located in the M-1 Industrial District.
(4) No adult use-principal shall be located in the same building or upon the same property as another adult use-principal.
(5) Adult use-principal shall adhere to the following signing regulations in addition to the sign regulations of § 153.111 above:
(a) Sign messages shall be generic in nature and shall only identify the name of the business; and
(b) Signs shall comply with the requirements of size and number for the district in which they are located.
(6) Adult use-principal shall be limited to 12:00 p.m. to 12:00 a.m. for its hours of operation.
(7) A differing time schedule may be approved by the City Council, if it can be satisfactorily demonstrated by the operator to the City Council that all the following will apply:
(a) Will not adversely impact or affect uses or activities within 300 feet; and
(b) Will not result in increased policing and related service calls; and
(c) Is critical to the operation of the business.
(D) Adult use-accessory. Adult use-accessory, shall be permitted in the M-1 Industrial District as a conditional use, provided the use conforms with the following provisions:
(1) Adult use-accessory shall:
(a) Comprise no more than 10% of the floor area of the establishment in which it is located;
(b) Comprise no more than 20% of the gross receipts of the entire business operation; and
(c) Not involve or include any activity except the sale or rental of merchandise.
(2) Adult use-accessory shall be located at least 300 feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use-accessory is located to the property line of:
(a) A zoning district in which residential uses are specifically listed as a permitted or conditional use;
(b) A licensed day care center;
(c) A public or private educational facility classified as an elementary, junior high or senior high;
(d) A public library;
(e) A public park;
(f) Another adult use-principal; or
(g) Any church or church related organization.
(3) Adult use-accessory shall be located at least 100 feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use-accessory is located to the closest point of the property line of the residences that are located in the M-1 Industrial District;
(4) Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of the following items from areas of general public access:
(a) Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation;
(b) Magazines publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with wrappers or other means to prevent display of any material other than publication title; and
(c) Other use. Adult use-accessory not specifically cited shall comply with the intent of this section subject to the approval of the City Council.
(E) Enforcement.
(1) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law.
(2) Any violation of this section shall be a basis for the suspension or revocation of the permit for the property or building in or on which the adult use is located.
(3) In the event the City Council proposes to revoke or suspend a permit, the property owner shall be notified in writing of the basis for the proposed suspension or revocation.
(4) The City Council shall hold a hearing for the purpose of determining whether to revoke or suspend the permit, which hearing shall be within 30 days of the date of the notice.
(5) The City Council shall determine whether to revoke or suspend the permit within 30 days after the close of the hearing or within 60 days of the date of the notice, whichever is sooner, and shall notify the property owner of its decision within that period.
(Ord passed 4- -1995; Am. Ord. passed 8- -2001) Penalty, see § 10.99