A conditional use permit is required to establish an adult-related establishment in this zone. This requirement shall be in addition to compliance with the permitting requirements, development, and operational standards and other requirements set forth in chapter 5.04.
A. Locational requirements. In addition to the other requirements for approval of a conditional use permit, no conditional use permit shall be issued or approved for an adult-related establishment unless the proposed location satisfies all of the following locational requirements:
1. No adult-related establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each such use, of any other adult-entertainment business or an adult-related establishment.
2. No adult-related establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any existing agricultural or residential zone or residential use.
3. No adult-related establishment shall be established or located within 1,000 feet, measured from the nearest property lines of each parcel containing such use, of any park; church or faith congregation; school, K-12; childcare center; gymnasium for children; roller skating rink; or ice skating rink.
B. Relevant date for determining compliance with locational requirements. For purposes of determining whether the locational requirements set forth above are met, the following rules apply:
1. For purposes of the locational requirements, the relevant date is the date that the application for a conditional use permit is determined or deemed to be complete, and only those uses lawfully established as of the date that the application is determined or deemed to be complete shall be considered for purposes of determining whether the locational requirements are met.
2. For further purposes of the locational requirements, a location for which a completed application for an adult entertainment business permit has been filed under chapter 5.06 or a location for which a completed application for a conditional use permit for an adult-related establishment has been filed shall be considered to be the site of an established adult-entertainment business or an established adult-related establishment from the date that the completed application is filed until the application is approved, withdrawn or denied. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)