Appendix 3322. Requirements for adult establishments as a special use.

The purpose of this section is to provide reasonable regulations to prevent the adverse effect of the concentration or clustering of certain uses of real property, specifically adult establishments. Regulation of the locations of these uses is essential to ensure that such adverse effects will not contribute to the blight or downgrading of neighborhoods or deter or interfere with the development and operation of other businesses which are necessary and desirable in the county.

Adult establishments shall only be allowed in B-1 districts (general business district) subject to the issuance of a special use permit. The special use permit shall be issued only if all criteria established below are met.

A.

The minimum lot size for adult establishments shall be one acre. Structures shall have minimum front, side, and rear yard setbacks of at least 50 feet. Buffering that meets the requirements of this ordinance shall be provided on all of the lot. The buffering shall be placed within the 50-foot setback. Signage and parking shall conform to the requirements of this ordinance.

B.

No building, structure, or any portion thereof, or any portion of a lot or parcel of property in any zoning district shall be used for an adult establishment at a location closer than one mile to any other adult establishment, any nursery school, elementary school, junior high school, high school, public playground, or church; or closer than 600 feet to any residentially-zoned property, planned unit development, or property with an existing residential use.

C.

For the purposes of this section, distances shall be measured in a straight line between the nearest portion of the proposed adult entertainment lot and the nearest property line of any other adult entertainment lot, or other use stated in 3322.B.

D.

Any adult establishment that intends to in any way alter or change the nature of its operation on or after the effective date of this section shall comply with section 3300 prior to such alteration or change.

E.

No building, premises, structure, or other facility that contains any adult establishment shall be permitted to contain any other kind of adult establishment. No building, premises, structure, or other facility in which sexually-oriented devices are sold, distributed, exhibited, or contained shall be allowed to contain any adult establishment.

F.

No viewing booth in an adult mini-motion picture theatre shall be occupied by more than one person at any time.

G.

The provisions of this section shall not apply to a regularly-established and licensed hospital, sanitarium, nursing home, or medical clinic, nor to the office or clinic operated by a duly-qualified and licensed medical practitioner, osteopath, or chiropractor or certified physical therapist in connection with his practice of medicine, chiropractic, or osteopathy or physical therapy, provided, however, that such office or clinic is regularly used by such medical practitioner, chiropractor or osteopath as his principal location for his practice of medicine, chiropractic, osteopathy, or physical therapy.

(Ord. of 12-6-93; Ord. of 12-19-11(7))