(A) The nature of sexually-oriented uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day-care centers, libraries or parks. Furthermore, the concentration of sexually-oriented uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of sexually-oriented uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of sexually-oriented uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of the uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.
(B) Sexually-oriented uses. Sexually-oriented uses as defined in this chapter shall be subject to the following general provisions.
(1) Sexually-oriented uses either principal or accessory shall be prohibited from locating in any building which is also utilized for residential purposes.
(2) A sexually-oriented use which does not qualify as an accessory use shall be classified as a sexually-oriented use-principal.
(3) A sexually-oriented use either principal or accessory shall not sell or dispense 3.2 malt or intoxicating liquors nor shall it be located in a building or on a property which contains a business that sells or dispenses 3.2 malt or intoxicating liquors.
(4) No sexually-oriented use entertainment shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the sexually-oriented use establishment which is prohibited by any ordinance of the city, the state or the United States of America. Nothing in this section shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors.
(5) No sexually-oriented use either principal or accessory shall be conducted in any manner that permits the perception or observation from any property not approved as a sexually-oriented use of any materials depicting, describing or related to “specified sexual activities” or “specified anatomical areas” by any visual or auditory media, including display, decoration, sign, show window, sound transmission or other means.
(6) Sexually-oriented use-principal and sexually-oriented use-accessory establishments shall prominently display a sign at the entrance and located within two feet of the door-opening device of the sexually-oriented use establishment or section of the establishment devoted to adult books or materials which states: “This business sells or displays material containing adult themes. Persons under age 18 years of age shall not enter.” The sign shall have letters at least three-eighths inches in height and no more than two inches in height.
(7) No person under the age of 18 shall be permitted on the premises of a sexually-oriented use-principal establishment. No person under the age of 18 shall be permitted access to material displayed or offered for sale or rent by a sexually-oriented use-principal or accessory establishment.
(C) Sexually-oriented use-principal. Sexually-oriented use-principal, as defined in this section, shall be subject to the following general provisions:
(1) Sexually-oriented use-principal, shall be located at least 1,500 radial feet, as measured in a straight line from the closest part of the building or actual leased space of the sexually-oriented use-principal to the property line of R-1, R-2 and R-3 zoned property or property in the PUD which is projected to be residential.
(2) Sexually-oriented use-principal shall be located at least 1,500 radial feet, as measured in a straight line from the closest part of the building or actual leased space of the sexually-oriented use-principal to the property line of:
(a) A licensed day-care center;
(b) A public or private educational facility classified for preschool, early childhood family education, special education, pre-kindergarten, elementary, junior high or senior high;
(c) A public library;
(d) A public park; and
(e) Another existing sexually-oriented use-principal.
(3) The use shall be located within a building or actual leased space of a building within the area allowable for sexually-oriented use-principal uses. Buildings or leased space intersected by a line representing the allowable area will be considered permissible only for that portion of the building or leased space that is within the allowable area.
(4) Sexually-oriented use-principal activities, as defined by this section, shall be classified as one use. No two sexually-oriented uses-principal shall be located in the same building or upon the same property.
(D) Sexually-oriented uses-accessory. Sexually-oriented use-accessory shall:
(1) Comprise no more than 10% of the floor area of the establishment in which it is located;
(2) Comprise no more than 20% of the gross receipts of the entire business operation; or
(3) Not involve or include any activity except the sale or rental of merchandise.
(a) Sexually-oriented use-accessory shall be restricted from and prohibit access to persons under the age of 18 by the physical separation of the items from areas of general public access:
1. Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or controlled in some other effective manner which meets with the approval of the Zoning Administrator.
2. Magazines. Publications classified or qualifying as sexually-oriented uses shall not be accessible to persons under the age of 18 and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
(b) Other use. Sexually-oriented use-accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator.
(c) Sexually-oriented use-accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted.
(`86 Code, § 9.79) (Am. Ord. 727, passed 1-5-99; Am. Ord. 1040, passed 1-5-16)