Cranston City Zoning Code
Chapter
17.80 ADULT ENTERTAINMENT USES
§ 17.80.010 Adult entertainment uses.
A.
Adult entertainment uses shall be prohibited in all zoning districts in Cranston except in the industrial zones of the city and only upon the grant of a special use permit by the Cranston zoning board of review in accordance with Section 17.92.020 of the code of the city entitled "Special use permit." Additionally, such a special use permit shall not be granted unless each of the following standards have been met:
1.
The
application for a special use permit pursuant to this subsection shall
provide the name and address of the legal owner of the establishment,
the legal owner of the property, and the manager of the proposed establishment.
2.
All
uses granted under this subsection shall not be located within:
a.
Five hundred (500) feet from the nearest residential zoning district;
or
b.
One thousand five hundred (1,500) feet from the nearest house of
worship, school, park, playground, play field, youth center, licensed
day care center or other location where groups of minors regularly
congregate; or
c.
Two thousand (2,000) feet from the nearest adult entertainment establishment
or sexually oriented business use as defined herein; or
d.
Beyond that provided for in subsection (C) of this section provided that:
i.
An application is made by the owner of such use to the zoning board
of appeals at least one hundred twenty (120) days prior to the date
on which such use must terminate;
ii.
The board shall find in connection with such use that:
(A)
The applicant had made, prior to the nonconformity substantial
financial expenditures related to the nonconformity; and
(B)
The applicant has not recovered substantially all of the financial
expenditures related to the nonconformity; and
(C)
The period for which such use may be permitted to continue is
the minimum period sufficient for the applicant to recover substantially
all of the financial expenditures incurred related to the nonconformity.
For the purpose of this subsection, "financial expenditures"
shall mean the capital outlay made by the applicant to establish the
adult entertainment use, exclusive of the fair market value of the
structure in which such use is located and exclusive of any improvements
unrelated to the nonconforming adult entertainment use.
e.
Two hundred (200) feet from any establishment having a liquor license
granted by the city of Cranston or any other municipality.
The distances specified above shall be measured by a straight
line from the nearest property line of the premises on which the proposed
adult entertainment establishment or sexually oriented business use
is to be located to the nearest boundary line of a residential zoning
district or to the nearest property line of any of the other designated
uses set forth above.
3.
All
building openings, entries and windows shall be screened in such a
manner as to prevent visual access to the interior of the establishment
by the public.
4.
No
use shall be allowed to display for advertisement or other purposes
any signs, placards or other like materials to the general public
on the exterior of the building or on the interior where the same
may be seen through glass or other like transparent material any explicit
figures or words concerning specified anatomical areas or sexual activities
as defined herein.
5.
No
use permitted under this section shall be allowed to disseminate or
offer to disseminate adult matter or paraphernalia to minors or suffer
minors to view displays or linger on the premises.
6.
No
use permitted under this section shall be allowed within a building
containing other retail, consumer or residential uses.
7.
All
uses permitted under this section shall comply with the off-street
parking and loading requirements and regulations of the code.
8.
No
use permitted under this section shall be allowed to have any flashing
lights visible from outside the establishment.
9.
No
use permitted under this section shall be allowed a free-standing
accessory sign.
10.
No use permitted under this section shall be established prior to
submission and approval of a site plan by the zoning board of review
with the technical advice of the city zoning official. The site plan
shall depict all existing and proposed buildings, parking spaces,
driveways, service areas and other open uses. The site plan shall
show the distances between the proposed use and the boundary of the
nearest residential zoning district and the property line of all other
abutting uses.
11.
All uses permitted under this section shall comply fully with all
licensing requirements of the city, including but not limited to all
business and entertainment license requirements.
12.
Any and all rubbish, boxes, containers, packages, trash, waste or
other debris generated from the operation of such permitted adult
entertainment business shall be disposed of in a manner which is discreet
and invisible to passers-by. Furthermore, such debris shall be stored
in a padlocked container until time of final disposal.
B.
Conditions.
The Cranston zoning board of review may impose reasonable conditions,
safeguards and imitations on time or use of any special use permit
granted under this section and shall require that any such special
use permit granted herein shall be personal to the applicant, shall
not run with the land and shall expire upon sale or transfer of the
subject property.
C.
Termination of Adult Establishments. In all districts, a nonconforming adult entertainment use shall terminate within one year from the effective date of this section or from such later date that the adult entertainment use becomes nonconforming (or change their operations to make them conforming), except that such establishment may be continued for a limited period of time by the zoning board of appeals pursuant to subsection (D) amortization of certain adult establishments of this section.
D.
Amortization
of Certain Adult Establishments. The zoning board of appeals may permit
any nonconforming adult entertainment use to continue for a limited
period of time.
(Prior code § 30-18(t))