§ 122-512. Adult regulated uses.

(a)

In the development and execution of this section, it is recognized that there are certain uses, which by their very nature are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated in a small area, thereby having a deleterious effect on surrounding neighborhoods. Regulation of the location of these uses is necessary to ensure that the adverse effects of such businesses will not cause or contribute to the blighting or downgrading of the city's residential neighborhoods or commercial centers. It is the intent of this section to provide reasonable regulations for the establishment of adult regulated uses in a viable, accessible location where the adverse impact of their operations may be minimized. Uses subject to these regulations and the requirements of article V of chapter 10 are as follows:

(1)

Adult: Adult book or supply store, adult hotels or motels, adult motion picture theater/adult live stage performing theater, and adult mini-motion picture theater.

(2)

Cabarets.

(3)

Massage parlors and massage establishments.

(4)

Pawnshops.

(b)

No adult regulated use may be permitted within 1,000 feet of any other adult regulated use. Measurement of the 1,000-foot radius must be made from the outermost boundaries of the lot or parcel on which the adult regulated use is proposed. The planning commission may waive this requirement for pawnshops if the following findings are made that:

(1)

The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this article is observed.

(2)

The proposed regulated use will not enlarge or encourage the development of a "skid-row" or blighted area.

(3)

The establishment of an additional adult regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban revitalization.

(4)

All applicable regulations of this chapter will be observed.

The planning commission may not waive this locational requirement for adult uses, cabarets, massage parlors, or massage establishments.

(c)

No adult regulated use may be permitted within 500 feet of any R1, HHS, P, MD, CN, CN-Mid and CN-SF district; nor may any adult regulated use be permitted within 500 feet of any school, park, library, playground, movie theater, licensed child care facility, or any other area or use where minor children are likely to congregate; nor may any adult regulated use be permitted within 500 feet of any religious institution. Measurement must be from the outermost boundaries of the lot or parcel on which the adult regulated use is proposed to be located. This prohibition may be waived if the planning commission is presented with a validated petition requesting such waiver, signed by two-thirds of all persons owning, residing in, or doing business in the area within 500 feet of the proposed adult regulated use. The circulator of the petition must sign an affidavit attesting that the circulator personally witnessed the signatures and the signatures were affixed to the petition by the person whose name appears thereon. The signatures must be validated by the community economic development department. The planning commission cannot consider the waiver of the locational requirements until the required petition has been duly filed and verified. Pawnshops are not be subject to these locational requirements.

(d)

The building and premises must be designed and constructed so that material depicting, describing, or relating to specified sexual activities or specified anatomical areas, cannot be observed by pedestrians or from vehicles on any public right-of-way. This provision must apply to any display, decoration, sign, show window, or other opening.

(e)

No person may reside in or permit any person to reside in the premises of an adult regulated use.

(f)

Such uses must comply with all applicable federal, state, and local licensing regulations. Initial and annual proof of such compliance must be a condition of special use approval and the continuance thereof.

(g)

Upon finding that any condition, safeguard, or requirement has been breached, the building department can revoke any occupancy permit. All operations must cease 14 days following such notification of revocation by the Building Department, unless such violations are corrected. Also, if violations are not corrected within 14 days, reinstatement of a revoked permit must require a new special use application and approval thereof.