A. Separation Requirements
Adult bookstore, adult cabaret, adult conversation/ rap parlor, adult hotel or motel, adult massage parlor or health club, adult mini-motion picture theater, adult motion picture theater, adult sauna or bathhouse or similar adult uses, shall be located in a manner:
1. That any of the above uses do not locate within 1,000 feet of the following:
a. A residential zoning district;
b. A church, synagogue, temple or other place of worship;
c. A school;
d. A designated park site;
e. A public governmental building; or
f. A child care center.
A petition requesting a waiver of all, or a portion of, this requirement may be presented to the Director of Community Development and must be signed by 51 percent of the owners of property within the 1,000 feet area.
The petition and request will be forwarded to the Planning and Zoning Commission for their recommendation and then to the City Council who may waive all, or a portion of, the distance requirement.
2. That any of the adult-oriented uses shall not be located within 1,000 feet of another adult-oriented use. A request may be made for a waiver of all or a portion of this requirement to the Director of Community Development. The request will be forwarded to the Planning and Zoning Commission, who will make a recommendation to the City Council. The Council may waive all or part of the distance requirement if it is found:
a. 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 Code will be observed; and
b. That the proposed use will not enlarge or encourage the development of a concentration of adult businesses; and
c. That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or non-residential; and
d. That all applicable regulations of this Code will be observed.
3. Measurement of distance. The distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures, from the closest property line of each business. The distance between the adult business and the other uses noted in 1 above shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult business to the closest property line of the uses noted in subsection 1 above.
4. Any of the above-mentioned adult businesses may not display its stock in trade depicting, describing, or relating to sexual activities in such manner as to be subject to public view from outside the establishment including, but not limited to, view from public sidewalks, streets, arcades, hallways or passageways.
(Ord. 2016-002, passed 2-25-16)