Any person operating or who causes to be operated an adult regulated facility, shall do so in accordance with the following regulations:
(A) An adult regulated facility shall only be operated in the “I” Industrial District;
(B) An adult regulated facility shall not be operated within 500 feet of the following:
(1) A church, synagogue, mosque, temple or building which is used for religious worship or related religious activities;
(2) A public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges, and universities;
(3) A boundary of a residential zoning district, or residence district;
(4) A public park or recreational area which has been designated, on the city’s General Land Use Map, for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, and other similar public land;
(5) The property line of a parcel devoted to a residential use;
(6) An entertainment business which is oriented primarily towards children or family entertainment;
(7) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the city or state.
(C) An adult regulated facility shall not be operated, established, or enlarged within 500 feet of another adult regulated facility.
(D) (1) A person shall not transfer ownership or control of an adult regulated facility for the purpose of obscuring their ownership of a second adult regulated facility within 500 feet of the another adult regulated facility.
(2) For purposes of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the parcel upon which the adult regulated facility is located to the nearest portion of the parcel, area or property line (as applicable) upon which one of the above listed uses is located. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(E) A person shall not cause or permit the operation, establishment or maintenance of more than one adult regulated facility in the same building, structure, or portion thereof, or the increase of floor area of any adult regulated facility in any building, structure, or portion thereof containing another adult regulated facility.
(F) Any adult regulated facility lawfully operating on the effective date of this section shall be deemed a nonconforming use, unless already located in a zoning district for which an adult regulated facility is a permissive use. The nonconforming use shall be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming use shall not be increased, enlarged, extended, or altered except that such nonconforming use may be changed to a conforming use.
(Ord. 2013-22, passed 11-25-2013)