Adult entertainment establishments, where otherwise permitted in a use district, are subject to the following location restrictions.
(A) Residential uses. No adult entertainment establishment shall be located within 1,000 feet of a Residential District (including R-l, R-2, R-3) or districts and all areas which are designated "residential," "residence," "family," or "multiple-family" by any local comprehensive plan or zoning code). However, an adult entertainment establishment may be permitted to locate within 1,000 feet of a residentially zoned district or use upon presentation to the Planning Commission of a validated petition requesting such waiver, signed by in excess of 50% of those persons owning residential land or business establishments within 1,000 feet of the proposed location. The Planning Commission shall adopt rules and regulations governing the procedure for securing the petition of consent provided for in this subchapter as well as reasonable fees necessary for administratively processing the petition. The rules shall provide that the circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the Planning Commission, that the circulator personally witnessed the signatures on the petition, and that the same were affixed to the petition by the person whose name appeared thereon. The Planning Commission shall not consider the waiver of location requirements set forth in this subchapter until the above described petition shall have been filed and verified.
(B) Other adult uses. No adult entertainment establishment shall be located within 2,000 feet of another existing adult entertainment establishment, unless the Planning Commission makes the following findings:
(1) Public interest/injury. That the proposed use / establishment will not be contrary to the public interest or injurious to nearby properties.
(2) Blighting. That the proposed use / establishment will not enlarge or encourage the development of a blighting influence.
(3) Neighborhood conservation. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.
(4) Adherence to regulations. That all applicable regulations of this subchapter will be observed.
(C) Churches/cemeteries. No adult entertainment establishment shall be located within 1,000 feet of a church, place of worship, or public cemetery.
(D) Schools. No adult entertainment establishment shall be located within 1,000 feet of an educational institution.
(E) Recreation areas. No adult entertainment use shall be established within 1,000 feet of a public park, playground or other use established for the activities of minors.
(Ord. O-2019-24, passed 9-9-2019)