The following additional requirements, in addition to all other provisions contained within this chapter, have been determined necessary to protect the health, safety, and general welfare of the city.
(A) Setbacks from incompatible uses. None of the following uses may be established, operated, or maintained within 1,000 feet of a residence, a church, a school meeting all the requirements of the Compulsory Education Laws of the state, a public park, or a child day care facility licensed, registered, or permitted in compliance with all applicable laws and regulations:
(1) Adult bookstore;
(2) Adult motion picture theater;
(3) Adult photo studio;
(4) Adult entertainment facility;
(5) Any use which has as a part of its operation an adult use component including, but not limited to, a restaurant or eating place, a bar, lounge, or tavern; and/or
(6) Any use intended to provide adult amusement or entertainment.
(B) Setbacks from similar uses. Not more than two of the following uses may be established, operated, or maintained within 1,000 feet of each other:
(1) Adult bookstore;
(2) Adult motion picture theater;
(3) Adult photo studio;
(4) Adult entertainment facility;
(5) Any use which has as a part of its operation an adult use component including, but not limited to, a restaurant or eating place, a bar, lounge, or tavern; and/or
(6) Any use intended to provide adult amusement or entertainment.
(C) Exceptions to setbacks from similar and otherwise incompatible uses. The 1,000-foot restriction provided for in divisions (A) and (B) above may be waived and a conditional use permit issued upon proper application if the Board of Adjustment finds that:
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of these regulations will be observed;
(2) The proposed use will not enlarge or encourage the development of a ‘skid row’ area; and
(3) The applicable regulations will be observed.
(Ord. 756, passed - -2009; Ord. 842, passed 3-14-2022)