(A) Adult entertainment establishments shall be subject to the following standards and regulations:
(1) Location near religious institutions, schools, residential districts and establishments where alcoholic beverages are sold or consumed.
(a) In the development, enforcement, and amendment of this LDC, it is recognized that there are uses and accessory uses which, because of their very nature, are recognized as having serious objectionable characteristics, particularly when several of them are concentrated in any given location, thereby having a deleterious effect upon adjacent business and residential areas. Specific regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting and downgrading of the surrounding neighborhood.
(b) Adult entertainment uses shall be located nearer than 1,000 feet to the same or any other designated use, an establishment at which alcoholic beverages are sold or consumed, or to any religious institutions, or public, private, or parochial kindergarten, nursery, elementary, middle, or high school, or day care center. Measurement of 1,000 feet shall be made in accordance with division (A)(1)(d) of this section.
(c) It shall be unlawful hereafter to establish any designated use within the corporate limits of the city if the proposed location is within 500 feet of a residentially zoned district. This prohibition shall be waived upon presentment to the Planning and Zoning Board of a written petition requesting the waiver, signed by 51% of all those persons owning real property, residing or operating or managing a business within 500 feet of the proposed location of the designated use.
1. The circulator of the petition requesting a waiver shall subscribe and swear to an affidavit attached to the petition that the circulator personally witnessed that the signatures were affixed to the petition by the persons whose names appear in the petition. The petition shall bear at the top of each page thereof a typewritten title in substantially the following form. "The undersigned hereby request a waiver from the Planning and Zoning Board of Pembroke Pines, Florida, that shall permit the establishment and location of a (an) (state specifically which designated use is sought to be established) within 500 feet of my real property, residence, or business."
2. The Planning and Zoning Board shall investigate the petition and signatures on the petition to verify that the petitioners do in fact own real property, or reside or do business in a residentially zoned district within 500 feet of the proposed designated use. Measurement of the 500 feet shall be made in accordance with division (A)(1)(d) of this section.
(d) For the purposes of this section, a designated use or proposed designated use shall be deemed to be within 1,000 feet or 500 feet of another designated use or an establishment at which alcoholic beverages are sold or consumed, religious institutions, school, real property, residence, business, or residentially zoned district, respectively, as defined or described herein, if any part of the building in which, or lot of land upon which, a designated use is located, is within 1,000 feet or 500 feet, as measured by an actual or imaginary straight line upon the ground or in the air, of any part of the building in which, or lot of land upon which, another designated use or an establishment at which alcoholic beverages are sold or consumed, a religious institution, school, real property, residence, business, or residentially zoned district respectively, is located.
(e) Where a designated use is located in conformity with the provisions of this subchapter, the subsequent locating of an establishment which sells or permits the consumption of alcoholic beverages on premises, a religious institution or school within 1,000 feet, or a residentially zoned district within 500 feet of the existing designated use shall not be construed to cause the designated use to be in violation of this subchapter.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)