(a) 
Adult entertainment enterprises as defined in section 4.08.001 may be conditionally permitted in the H commercial retail district subject to the regulations in article 4.08 and this division.
(b) 
All structures housing adult entertainment enterprises shall be located at least 600 feet from the property boundary line of any lot in a retail H zoning district, or any residentially zoned lot, a minimum of 1,000 feet from any structure housing an adult entertainment enterprise, and a minimum of 1,500 feet from the following, which the city commission hereby find to be inconsistent with the operation of a restricted establishment:
(1) 
A child-care facility.
(2) 
A church or place of religious worship.
(3) 
A dwelling.
(4) 
A hospital.
(5) 
A building in which alcoholic beverages are sold.
(6) 
A public building.
(7) 
A public park.
(8) 
A school.
The measurements are to be in a straight line in all directions from the structure housing the adult entertainment enterprise to the nearest property line of any residentially zoned lot or any lot on which is located any of the uses listed in subsections (b)(1) through (8) of this section or any structure housing an adult entertainment enterprise.
(c) 
The measurements for a structure shall be taken from the furthest point that a structure extends in any direction, including overhanging roofs and all other projections or portions of the structure.
(d) 
Should the adult entertainment enterprise be located in conjunction with other buildings in a manner where the adult entertainment enterprise is clearly separated from other portions of the structure (for example, an adult bookstore in a shopping center), the adult entertainment enterprise structure’s measurements shall be taken from the boundaries of the space in which the adult bookstore is housed or confined, and not the entire shopping center, motel, or other structure.
(e) 
Should the adult entertainment enterprise be located in conjunction with other buildings in a manner where the adult entertainment enterprise is situated above the ground level of a multi-story structure and is clearly separate from other activities within the structure (for example, an adult bookstore on an upper level of an office tower or hotel), the adult entertainment enterprise measurements shall be taken from the nearest entry to that portion of the structure housing the adult entertainment enterprise, thence to the nearest point of egress (elevator or stairs), thence to the nearest ground floor exit, thence in a straight line to the nearest point on any residentially zoned lot or any lot on which is located any of the uses listed in subsections (b)(1) through (8) of this section or any structure housing an adult entertainment enterprise.
(1967 Code, sec. 23-1/2-6(I); Ordinance 443, sec. IX(I)A.1(a)–(d), adopted 11/16/59; 2008 Code, sec. 98-582)
Each applicant for approval of an adult entertainment enterprise must submit a site plan setting out the dimensions and locations for such adult entertainment enterprise. The applicant shall sign a certified and notarized statement attached to the site plan that the proposed adult entertainment enterprise complies with the requirements set forth in this division. It shall be the duty of the applicant to prepare the site plan and to ensure compliance with the distance requirements.
(Ordinance 443, sec. IX(I)A.1(e), adopted 11/16/59; 2008 Code, sec. 98-583)
(a) 
Generally.
An adult entertainment enterprise in operation prior to the effective date of the ordinance from which this division is derived which does not conform to the regulations pertaining to adult entertainment enterprises shall be considered to be a nonconforming use that may continue until March 31, 1987, subject to the provisions of this division.
(b) 
Continuation and termination.
The nonconforming use will be permitted to continue until March 31, 1987, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. On March 31, 1987, the nonconforming use shall be illegal and shall terminate, except as provided in subsection (e) of this section.
(c) 
Enlargement or alteration; priority as to date of establishment.
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 adult entertainment enterprises are within 1,000 feet of one another and otherwise in a permissible location, the adult entertainment enterprise which was first established and continually operating at a particular location is the conforming user and the later-established business is nonconforming.
(d) 
New uses within distance limitation.
An adult entertainment enterprise lawfully operating as a conforming use is not rendered a nonconforming use by the location of a use listed in section 14.06.072(b)(1) through (8) or a residentially zoned lot within the prohibited distance from the adult entertainment enterprise.
(e) 
Exemptions.
(1) 
The city commission may, in its discretion, grant an exemption from the locational restrictions of this division if it makes the following findings:
(A) 
The location of the adult entertainment enterprise will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(B) 
The granting of the exemption will not violate the spirit and intent of this division;
(C) 
The location of the adult entertainment enterprise will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(D) 
The location of the adult entertainment enterprise will not be contrary to any program of neighborhood conservation, nor will it interfere with any efforts of urban renewal or restoration; and
(E) 
All other applicable provisions of this division will be observed.
(2) 
The city commission shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the city commission is final.
(3) 
If the city commission grants an exemption, upon expiration of the exemption, an adult entertainment enterprise will be in violation of the locational restrictions and the nonconforming use shall be illegal and shall terminate. Such application shall be made with the city secretary at least 30 days prior to the expiration of the exemption.
(Ordinance 443, sec. IX(I)A.1(f), adopted 11/16/59; 2008 Code, sec. 98-584)