None of the regulated uses listed in Section 860.01 is permitted unless:
(a) The use is located within a C-3 zoning district. A regulated use is not allowed in any other zoning district even if it incorporates C-3 zoning district uses.
(b) The use is located outside a 300-foot radius of a residential zone district and a church, school or day care center and outside a 200-foot radius of an officially dedicated City park. All measurements under this section shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the regulated use or building containing a church, school, day care center, or park. The Planning Commission may waive this minimum distance restriction pursuant to the standards provided in subsection (c) hereof and pursuant to the following procedures:
(1) The Zoning Administrator will serve notice on all owners and occupiers of all property within 300 feet of the proposed use.
(1) Said notice will give a minimum of thirty days from the mailing of the notice until the Planning Commission hearing on the matter.
(2) Said notice will include a postcard addressed to the City, containing space for stating approval or disapproval of the proposed regulated use and including space for commentary.
(3) The total number of postcards or other written responses returned prior to the hearing will be tallied. The votes yea and nay will also be tallied.
These votes will be considered as evidence, in the Planning Commission's decision, as to whether to waive the minimum requirement between the regulated use and a residential zone church, school, day care center and park.
(c) The regulated use is not located within a 1,000 foot radius of another regulated use. The Planning Commission may waive this spacing requirement, if the following findings are made:
(1) That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed.
(2) That the proposed use will not enlarge or encourage the development of a blighted or deteriorating area in its immediate surrounds.
(4) That the establishment of a regulated use, or an additional regulated use, in the area will not be contrary to any neighborhood conservation, nor will it interfere with any urban renewal.
(5) That all applicable State laws and local ordinances will be observed.
(d) Persons operating a regulated use shall not permit any person under the age of eighteen years to be on the premises of said regulated use either as an employee or as a customer.
(c) Hours of operation of the regulated use shall be limited to 8:00 a.m. to 10:00 p.m.
(d) Adult products or services, or any picture or other representation thereof, shall not be displayed so as to be visible from the street or neighboring property.
(e) Off-street parking shall be provided the same as for other non-adult businesses of the same nature (e.g., movie theaters, retail sales, and eating and drinking establishments); except that all areas of the parking lot shall be illuminated from dusk until one hour after business closes.
(Ord. 133. Passed 7-22-96.)