A.
No adult use establishment, including an adult bookstore
operating only as an adult bookstore, may be located within three hundred
(300) feet of any property which is zoned or has a land use classification
which permits residential use or any portion of a mixed-use district developed
and utilized as residential, nor within three hundred (300) feet of any church,
school, child-care facility or public recreation area which is validly located
or has previously received legal authority to locate.
B.
No adult use business establishment may be located within
three hundred (300) feet of any other adult use.
C.
The distance requirements under § 147-32A and B shall be measured along a straight line from the nearest residential property or the nearest property line of the church, public recreation area or adult use to the closest property line of the adult use. In a multitenant or multiuser building, such as a shopping center, said distance requirement shall be measured from the unit or closest portion of the building or structure utilized by and containing or being utilized by any facet of the adult use establishment.
D.
Nothing in this § 147-32 shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this chapter. Additionally, nothing in this chapter shall be construed to authorize, allow or permit the establishment of any business, the performance of any activity or the possession of any item which is obscene under the judicially established definition of "obscenity."
A.
No adult use establishment shall be allowed to commence
or continue to operate without first obtaining a valid adult use permit. Any
business entity or person desiring to locate, operate or continue operation
of any adult use shall be required to obtain an adult use permit from the
Department of Community Improvement before the establishment or commencement
of business as an adult use.
B.
In order to obtain an adult use permit, the applicant
shall provide, in addition to a fee determined by the City Commission to be
reasonably calculated to cover the costs of administrating this permitting
requirement,[1] the following information:
(1)
Name, mailing address and telephone number.
(2)
Street address and a legal description of the property
containing the proposed or existing adult use.
(3)
A site plan of the proposed establishment. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint shall
not be required; however, each site plan should be oriented to the north or
to some designated street or object and shall be drawn to a designated scale
or with marked dimensions sufficient to show the various dimensions of the
site, including property dimensions, building sizes, locations and sizes of
the portions of the building containing the adult use. Multitenant buildings
shall show interior and exterior locations and sizes of the areas proposed
to be occupied by all facets of the adult business use and all setbacks from
property lines.
(4)
Known locations of any churches, public recreation facilities
or other existing or proposed adult uses within approximately three hundred
(300) feet of the proposed or existing adult use location for which the adult
use permit is being sought.
(5)
If the applicant is not the record owner of the subject
parcel, the application must include a letter with the notarized signature
of the record owner, purporting to be the record owner, and stating that the
applicant is authorized to seek an adult use permit for the premises.
C.
Upon receipt of a completed application, the Department
of Community Improvement, or any city employee designated by the Department
of Community Improvement, shall inspect the proposed location of the adult
use and, within nine (9) days, notice the applicant of a certification of
compliance or noncompliance. The Department of Community Improvement may extend
that period of time, at the request of the applicant, for purposes of clarification
of issues raised by the review but in no event for a period of time in excess
of twenty (20) days.
D.
Certification of noncompliance.
(1)
Where it is found that the location proposed in the application does not meet the distance requirements of § 147-32A of this chapter or is one where a valid adult use exists or is one where a valid adult use permit or valid certification of compliance has been issued for another adult use, the location of which is within the distance requirement of § 147-32B of this chapter from the proposed location, the applicant shall be notified of the certification of noncompliance of the proposed location with the location requirements of this chapter.
E.
Certification of compliance.
(1)
Where it is found that the applicant's proposed location meets the distance requirements of § 147-32 of this chapter and where no valid adult use exists or where no valid adult use permit or valid certification of compliance has been issued for another adult use, the location of which is within the distance requirements of § 147-32B from the proposed location, the applicant shall be notified of the certification of compliance of the proposed location with the location requirements of § 147-33A and B.
(2)
Upon notification, the applicant shall have twenty (20)
days to obtain the adult use permit, signed by the Director of the Department
of Community Improvement. Failure to obtain that permit within the twenty-day
time period invalidates the certification of compliance and the applicant
must reapply.
F.
Conflicting applications.
(1)
The City Commission recognizes the potential of creating
nonconformities by granting adult use permits that conflict. The Department
of Community Improvement shall develop a system for tracking potentially conflicting
applications and for ranking them by date and time of application/date of
establishment.
(a)
Between two (2) applications being processed at the same time which individually qualify under § 147-32A and B but would violate the provisions of § 147-32B if both were to receive permits, the application which was completed at the earliest date, as provided for in § 147-33B, shall be notified that his/her proposed location has been certified in compliance pursuant to the provisions of § 147-33C of this chapter.
(2)
The first applicant who has received the certification of compliance shall have twenty (20) days to secure the adult use permit, signed by the Director of the Department of Community Improvement. Upon lapse of the period of validity of the certification of compliance, pursuant to the provisions of § 147-33E(2), the applicant must reapply.
(3)
Any applicant who has received a certification of noncompliance pursuant to the provisions of § 147-33D of this chapter may use his/her prior application date in a resubmission for the purposes of establishing priority if the original application was made no more than seven (7) months previous. Otherwise he/she must reapply.
G.
Continuing validity of the adult use permit.
(1)
The adult use permit, signed by the Director of the Department of Community Improvement, shall be valid for a period of six (6) months after issuance, during which time the applicant's adult use business must apply for an adult use license pursuant to Article III of this chapter.
(2)
Once an adult use license is issued for a location which
has a permit, the adult use permit shall remain valid unless the adult use
license is revoked pursuant to the provisions of this chapter or unless the
adult use is voluntarily discontinued for a period of thirty (30) days or
more.
A.
If an applicant receives a certification of noncompliance because the location of the proposed adult use is in violation of the location requirements of this chapter, then the applicant may, not later than ten (10) calendar days after receiving notice of the certification of noncompliance, file with the Department of Community Improvement a written request for a variance from the location restrictions of § 147-32 of this chapter. Filing of such a request within the ten-day period shall preserve the pending status of the application for purposes of the review of conflicting applications.
B.
If the written request is filed with the Department of Community Improvement within the ten-day limit, he shall schedule hearings before the Planning and Zoning Board and City Commission in accordance with the established variance procedures of Chapter 130, Land Development Regulations. In addition to the required findings of Chapter 130, the Commission must also find that a sufficient physical barrier separates the adult use establishment, for which a variance is being sought, from the land use(s) which has caused the adult use not to be in compliance with the distance requirement of this ordinance, so as to substantially fulfill the purpose of the distance requirement. Such physical barriers include, but are not limited to, limited access streets or highways, walls and natural or manmade waterways.
