§ 18-96. Location restrictions.

(a)

The city land use regulations are hereby amended by having zoning classification to be designated business BU-1 district. The permitted principal uses and structures therein shall be those enumerated in the city land use regulations, chapter 78 as well as the following:

(1)

Adult arcades;

(2)

Adult bookstores or adult video stores;

(3)

Adult cabarets;

(4)

Adult motels;

(5)

Adult motion picture theaters;

(6)

Adult theaters;

(7)

Escort agencies;

(8)

Nude model studios; and

(9)

Sexual encounter centers.

The permitted accessory uses and structures; permitted special exceptions; prohibited uses and structures; minimum lot area; minimum lot width, minimum yard requirements, maximum lot coverage by all buildings; maximum height of structures; loading requirements and sign regulations shall be the same as those required under the BU-1 zoning district classification as cited under the city land use regulations, chapter 78. Off-street parking shall be one space per three seats, and sign regulations shall be the same as those required under the C-3 zoning district classification as cited in the city land use regulations, chapter 78.

(b)

A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business outside of a designated BU-1 district. All sexually oriented businesses shall be located within a BU-1 district.

(c)

A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within 1,000 feet of:

(1)

A church;

(2)

A public or private elementary or secondary school;

(3)

A boundary of any residential district;

(4)

A public park adjacent to any residential district;

(5)

The property line of a lot devoted to residential use.

(d)

A person commits a misdemeanor if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.

(e)

A person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor areas of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

(f)

For the purpose of this article, measurement of distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.

(g)

For purposes of subsection (d) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(h)

Any sexually oriented business lawfully operating on February 28, 1989, that is in violation of any of the provisions of subsections (a) through (g) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.

(i)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit and/or license, of a church, public or private elementary or secondary school, public park, residential district, or a residential lot within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license, and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.

(Ord. No. 90-09, § XII, 4-10-90)

Cross reference

Permitted uses in zoning districts, § 78-131.