§ 45-524. Adult uses.

(a)

Within the city, it is acknowledged that there are some uses, often referred to as adult uses, which because of their nature can have a negative impact on nearby property, particularly when several of them are concentrated under certain circumstances or located in direct proximity to a residential neighborhood, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing the concentration or location of these uses in a manner that would create such adverse effects. The definition of adult uses is found in section 45-201 of this chapter.

(b)

No adult use shall be permitted except in, C1, C2, and C3 districts. A conditional use permit, as provided for in Article XXVII of this chapter, is necessary for the establishment of an adult use. A conditional use permit may be issued by the city council after recommendation by the planning commission and finding that the location, size, design and operating characteristics of the proposed adult use will be compatible with and will not adversely affect or be materially detrimental to neighboring uses.

(c)

No unit containing an adult use in the C1, C2 or C3 districts shall be located nearer than five hundred (500) feet to:

(1)

Any school, church, park, playground or a library property;

(2)

Any other adult use;

(3)

Any residentially zoned property which fronts on the same street or which contains any school, church, park, playground or library; otherwise, the minimum distance from such unit to a residential zone shall be two hundred (200) feet.

For the purposes of this subsection, distances shall be measured on a straight line (1) from the unit containing the adult use to the nearest point of the property named in (c)(1) or (c)(3) above, or (2) between the unit containing the adult use and the unit containing any other adult use.

(Ord. No. 5028-97, § 1; Ord. No. 5563-01; Ord. No. 7365-17, § 3)

(Ord. No. 5028-97, § 1; Ord. No. 5563-01; Ord. No. 7365-17, § 3)