Adult Entertainment Uses

6.20-1. Adult entertainment uses shall be prohibited in all zoning districts in the City except as indicated in Sectio 4 of this Ordinance and only upon the grant of a special use permit by the permitting authority. Additionally, such a special use permit shall not be granted unless each of the following standards have been met:

6.20-1.1 The application for a special use permit pursuant to this subsection shall provide the name and address of the legal owner of the establishment, the legal owner of the propery, and the manager of the proposed establishment.

6.20-1.2. All uses granted under this subsection shall not be located within:

6.20-1.2-1. Five hundred (500) feet from the nearest residential zoning district; or

6.20-1.2-2. One thousand five hundred (1,500) feet from the nearest house of worship, school, park, playground, play field, youth center, licensed day care center, or other location where groups of minors regularly congregate; or

6.20-1.2-3. Two thousand (2,000) feet from the nearest adult entertainment establishment of sexually oriented business use as defined herein; or

6.20-1.2-4. Two hundred (200) feet from any establishment having a liquor license granted by the City of any other municipality.

The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed adult entertainment establishment or sexually oriented business use is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.

6.20-1.3. All building openings, entries, and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.

6.20-1.4. No use shall be allowed to display for advertisement or other purposes any signs, placards, or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any explicit figures or words concerning specified anatomical areas or sexual activities as defined herein.

6.20-1.5. No use permitted under this section shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premise.

6.20-1.6. No use permitted under this section shall be allowed within a building containing other retail, consumer, or residential uses.

6.20-1.7. All uses permitted under this section shall comply with the off-street parking and loading requirements and regulations of this Ordinance.

6.20-1.8. No use permitted under this section shall be allowed to have any flashing lights visible from outside the establishment.

6.20-1.9. No use permitted under this section shall be allowed a free-standing accessory sign.

6.20-2. No use permitted under this section shall be established prior to submission and approval of a site plan by the permitting authority with the technical advice of the Zoning Official. The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas, and other open uses. The site plan shall show the distances between the proposed use and boundary of the nearest residential zoning district and the property line of all other abutting uses.

6.20-3. All uses permitted under this section shall comply fully with all licensing requirements of the City, including but not limited to all business and entertainment license requirements.

6.20-4. Any and all rubbish, boxes, containers, packages, trash waste, or other debris generated from the operation of such permitted adult entertainment business shall be disposed of in a manner which is discreet and invisible to passers-by. Furthermore, such debris shall be stored in a padlocked container until time of final disposal.

6.20-5. Conditions. The permitting authority may impose reasonable conditions, safeguards, and limitations on time or use of any special use permit granted under this section.

6.20-6. Termination of Adult Establishments. In all districts, a pre-existing, legal, nonconforming adult entertainment use shall terminate within one (1) year from the effective date of this use becomes nonconforming (or change their operations to make the conforming), except that such establishment may be continued for a limited period of time as follows:

6.20-6.1 An application is made by the owner of such use to the permitting authority at least one hundred twenty (120) days period to the date on which such use must terminate;

6.20-6.2. Ther permitting authority shall find in connection with such use that:

6.20-6.2-1. The applicant had made, prior to the use becoming a legal nonconformity, substantial financial expenditures related to the nonconformity; and

6.20-6.2-2. The applicant has not recovered substantially all of the financial expenditures related to the nonconformity; and

6.20-6.2-3 The period for which such use may be permitted to continue is the minimum period sufficient for the applicant to recover substantially all of the financial expenditures incurred related to the nonconformity.

For the purposes of this subsection, “financial expenditures” shall mean the capital outlay made by the application to establish the adult entertainment use, exclusive of the fair market value of the structure in which such use is located and exclusive of any improvement unrelate to the nonconforming adult entertainment use.