Adult uses are allowed according to the following standards.
(A) The need for special regulation of certain business uses that, by their very nature, are deemed to have unique characteristics and effects on surrounding properties, is recognized as a legitimate objective. Special regulation is needed to ensure these uses are not concentrated in any one area, thus preventing adverse effects on the surrounding neighborhood, such as blight and urban deterioration, negative effects on economic development potential, social disorder and crime, negative effects on community standards for aesthetics, the reduction of property values, and the subsequent negative impact on the community tax base. The primary objective is to prevent a concentration of these uses by establishing spacing standards, and, thus, ensuring disbursement of these uses throughout the community.
(B) Adult uses shall only be located within commercial zoning districts.
(C) An application to establish an adult entertainment activity shall not be approved if there is already in existence one or more adult uses within 500 feet of the boundaries of the site of the proposed activities, excepting as otherwise provided for within this section.
(D) An application to establish an adult entertainment activity shall not be approved if the proposed location is within 500 feet of any licensed daycare facility, adult foster care home, senior citizens’ center, park or church, and shall not be approved if the proposed location is within 2,650 feet from any K-12 or alternative educational or charter school, except as otherwise provided for within this chapter.
(E) The Planning Commission may waive the locational standards limiting adult uses as they relate to similar uses if the following findings are made.
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the section will be observed.
(2) The proposed use will not enlarge or encourage the development of a “skid-row” area.
(3) 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) All applicable regulations of this section will be observed.
(F) The Planning Commission may waive the locational standards limiting the location of adult uses as they relate to licensed daycare facilities, adult foster care homes, senior citizen centers, parks, or churches; provided that a validated petition requesting such a waiver is presented to the Planning Commission, signed by the owners or purchasers of at least 51% of the parcels of land within 500 feet of the proposed location. In addition to this requirement, the Planning Commission may waive the requirement that adult uses be located no closer than 2,650 feet from schools only if the proponent also demonstrates that school children are not required to pass by the location while walking to or from school. Any petition presented to the Planning Commission shall contain, at a minimum, the following:
(1) A statement in the form of an affidavit attested to by the circulator of the petition that the circulator personally witnessed the signatures on the petition and the same were affixed to the petition by the person whose name appeared thereon;
(2) A statement on the petition so worded that the signers of the petition will attest to the fact that they are the owners or purchasers of the parcel of land identified by the permanent parcel number opposite their signatures;
(3) For the purpose of this section, parcels of land shall equate to the permanent parcel numbers assigned by the township to all property within the 500 feet;
(4) An applicant requesting a waiver of locational requirements shall file an application with the Zoning Administrator; however, the Zoning Administrator shall not accept an application for the waiver of locational requirements for an adult entertainment activity as it relates to licensed daycare facilities, adult foster care homes, senior citizen centers, K-12 or alternative educational or charter schools, parks, or churches, without a petition as required herein. The petition shall be validated by the Zoning Administrator. The Zoning Administrator shall then notify the Planning Commission of the receipt of the requests and petition within 15 days of filing; and
(5) Before the granting of a waiver of locational requirements, the Planning Commission may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operations of regulated use as may, in its judgment, be necessary for the protection of the public interest. Any evidence and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.
(Prior Code, § 154.039) (Ord. 48, passed 6-21-2005)