It is the purpose of this article to provide zoning regulation of uses of property within the City of Spencer which, because of their nature, require that special use permits be obtained to insure that incompatible uses be zoned in separate classifications as provided for in the Zoning Ordinance and to insure that incompatible uses be separated. It is further intended that the special permit process shall provide a method whereby it can be determined whether or not a use would cause any damage, hazard, nuisance, or other detriment to persons or property in the vicinity of a special use.
In addition, it is the purpose of this article to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of special use businesses within the City.
Further, the provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither it is the intent nor effect of this article to condone or legitimize the distribution of obscene materials.
(Passed 5-6-04.)