APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE XXI. “C – 3” ADULT ENTERTAINMENT DISTRICT

SECTION 1.   INTENT AND PURPOSE OF DISTRICT.

It is the intent and purpose of the “C – 3” Adult Entertainment District to regulate adult entertainment establishments which by their nature are well known to produce deleterious effects to adjacent development and serious secondary negative impacts to juveniles, especially where such uses are clustered. Special regulations of such uses is therefore necessary to insure that these and other adverse secondary effects will not impact residential neighborhoods, public and quasi-public institutions or facilities serving the youth of the community.

SECTION 2.   DISTRICT REGULATIONS.

In the “C – 3” District no building shall be used, and no building shall be erected, altered or enlarged which is arranged, intended or designed for other than adult entertainment uses listed in SECTION 4 below.

SECTION 3.   USE REGULATIONS.

1.    Escort agencies.

2.    Adult book and/or video stores.

3.    Adult entertainment establishments, including bars, cabarets, massage parlors, live theaters, motion picture theaters, and other sexually-oriented entertainment businesses.

4.    Adult novelty stores.

SECTION 4.   INTENSITY OF USE REGULATIONS.

All lots and tracts shall have not less than seven thousand (7,000) square feet in area with an average width of not less than fifty (50) feet.

SECTION 5.   HEIGHT REGULATIONS.

No building in a “C – 3” District shall exceed thirty-five (35) feet in height, except as may be otherwise provided by the regulations.

SECTION 6.   YARD REGULATIONS.

1.    Front Yard. There shall be a front yard having a depth of not less than twenty-five (25) feet, except as may be required for arterial streets and collector streets.

a.    Where a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.

b.    Where a lot is located at the intersection of two or more streets or roads, there shall be a front yard on each street side of a corner lot.

2.    Side Yard. There shall be a side yard on each side of a building, and no side yard shall be less than ten (10) feet.

3.    Rear Yard. There shall be a rear yard of not less than twenty-five (25) feet.

SECTION 7.   SIGN REGULATIONS.

See ARTICLE XXV.

SECTION 8.   PARKING AND LOADING REGULATIONS.

See ARTICLE XXVI.

SECTION 9.   LANDSCAPING REQUIREMENTS.

See ARTICLE XXVII.

SECTION 10. TRAFFIC REGULATIONS.

See ARTICLE XXVIII

SECTION 11. USE AND LOCATION RESTRICTIONS.

1.    No adult entertainment use, escort agencies, adult book or video store, or adult novelty store shall be conducted in any manner:

a.    To allow the merchandise or activities of the establishment to be visible from any point outside of the building or structure containing such use.

b.    That permits the observation of any material depicting, describing or relating to sexual activities from any point outside of the building or structure containing such use.

2.    The provisions of Subsections (a.) and (b.) above shall apply to any display, decoration, sign, window or other opening.

3.    No adult use as set out in Section 3 above shall be allowed within one thousand (1,000) feet of another existing adult use.

4.    No adult use as set out in Section 3 above shall be located within one thousand (1,000) feet of any zoning district which allows residential uses or within one thousand (1,000) feet of any residence.

5.    No adult use as set out in Section 3 above shall be located within one thousand (1,000) feet of a pre-existing church or place of worship, day-care facility, park, educational institution, library, museum, community center, playground or swimming pool.

6.    For purposes of Subsections 3., 4. and 5. above, measurements shall be made in a straight line, without regard to intervening buildings, structures or objects, from the nearest point on the property line of the applicant’s adult entertainment use to the nearest point on the property line of the church, etc..

7.    No more than one such use shall be conducted within any building or structure containing an adult use.

8.    No permitted adult oriented business as defined herein shall be operated between the hours of 8:00 p.m. and 8:00 a.m.