The regulations set forth in this section and contained in Section 170.10 shall apply in the C-3 Central Business District. The intent of the C-3 District is to provide for the grouping of the majority of commercial uses and services in the Central Business District.

   1.   Principal Permitted Uses.

      A.   Any use permitted in the R-3 District, except single-family dwellings.

      B.   The following uses:

         Antique shop.

         Apparel shop.

         Automobile, motorcycle, truck, trailer, boat, snowmobile, and farm implement establishments for display, hire, repair, and sales (including new and used sales lots). This paragraph shall not be construed to include automobile, tractor, or machinery wrecking and/or used parts yards.

         Bakery, whose products are sold only at retail and only on the premises.

         Bicycle shop, sales or repair.

         Billiard parlor and pool hall.

         Book binding and book store.

         Bowling alleys.

         Bus and taxi depots.

         Candy shops where products are sold only at retail and only on the premises.

         Carpet and floor covering store.

         Clothes cleaning and/or dyeing establishments.

         Collection office of public utility.

         Commercial parking lots for passenger vehicles.

         Dairy store - retail.

         Dance and/or music studio.

         Department store.

         Drapery shop.

         Drinking establishment.

         Drug stores.

         Exterminator sales.

         Financial institutions.

         Florist and nursery shop - retail.

         Fruit and vegetable market.

         Furniture store.

         Gift shop.

         Grocery stores and delicatessens.

         Hardware and variety store.

         Hobby shop.

         Hotels and motels.

         Household appliances - sales and repair.

         Ice storage and distributing of not more than five-ton capacity.

         Jewelry shop.

         Key shop.

         Landscape gardener.

         Laundries.

         Lawn mower repair shop.

         Liquor store.

         Locker plant for storage and retail sales only.

         Music store.

         Museums.

         Offices, business, government, and professional.

         Office supply store.

         Paint and wallpaper store.

         Pet shop including aquariums.

         Photographic studio.

         Plumbing, heating, and electrical contractor shop.

         Printing and/or publishing houses, newspapers.

         Radio and television sales and service.

         Restaurants.

         Service stations.

         Shoe and shoe repair shop.

         Sporting goods store.

         Tailor shop.

         Theaters (excluding drive-in theaters), auditoriums.

         Travel agency.

         Upholstery establishments.

         Variety stores.

         Convenience stores (with principal building limited to 3,000 square feet).

   2.   Accessory Uses.

      A.   Residential units when located above first floor level of the above principal permitted uses.

      B.   Storage facilities related to the operation of the principal permitted use.

      C.   Any exterior or roof sign the height of which shall not exceed 40 percent of the building height above the roof line, but not to exceed 50 feet above the roof line in any case. For buildings less than 40 feet in height, the maximum height above the roof line for any exterior or roof sign shall be 16 feet.

   3.   Adult Businesses.

      A.   Definitions. The following definitions shall govern the interpretation of the regulations of adult uses:

         (1)   “Adult bookstore” means an establishment having 25 percent of the retail floor space presently being used by said business or 25 percent of the gross business income derived from or attributable to printed matter, pictures, slides, records, audio tapes, video tapes or motion picture films, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as hereinafter defined.

         (2)   “Adult cabaret” means any establishment which excludes minors by virtue of age wherein the entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.

         (3)   “Adult conversation/rap parlor” means any establishment which excludes minors by reason of age and which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

         (4)   “Adult health/sport club” means a health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

         (5)   “Adult massage parlor” means a massage parlor which restricts minors by reason of age, or which provides the service of massage, wherein the massage is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

         (6)   “Adult mini-motion picture theater” means a building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

         (7)   “Adult motion picture theater” means a building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

         (8)   “Adult steam room/bathhouse facility” means a building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

         (9)   “Adult uses” include, but are not limited to, adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse facilities, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, and other premises, enterprises, businesses, private clubs/establishments or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public.

         (10)   “Protected uses” includes a building in which a majority of floor space is used for residential purposes; a day care center where such day care center is a principal use; a house of worship; a public library; a school (public, parochial or private; elementary, junior high or high school); public park, public recreation center or public specialized recreation facility as identified in the parks and recreation element of the Evansdale Comprehensive Plan; a civic/convention center; a community residential facility; a mission. However, this definition shall not apply if the protected use is a legal nonconforming use.

         (11)   “Specified anatomical areas” includes the following:

            a.   Less than completely and opaquely covered: (i) human genitals, (ii) pubic region, (iii) buttock, and (iv) female breast below a point immediately above the top of the areola; and

            b.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

         (12)   “Specified sexual activities” includes the following:

            a.   Human genitals in a state of sexual stimulation or arousal.

            b.   Acts of human masturbation, sexual intercourse or sodomy; or

            c.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

      B.   Regulations Governing the Location of Adult Uses.

         (1)   All adult uses shall be allowed in the C-3 zoning district as a principal permitted use, provided that the adult use complies with the minimum separation requirements, as specified in these subparagraphs.

         (2)   An adult use shall be located at least 600 feet from any other adult use measured in a straight line from the closest points of the property lines in which the adult uses are located.

         (3)   An adult use shall be located at least 600 feet from any residentially zoned property measured in a straight line from the closest point of the property line in which the adult use is located to the closest residentially zoned property line.

         (4)   An adult use shall be located at least 600 feet from any protected use as defined herein, which distance shall be measured in a straight line from the closest point of the property line in which the adult use is located to the closest point of the property line in which is located an aforementioned protected use. If a protected use is a legal nonconforming use, this provision shall not apply.

         (5)   The minimum separation requirements may be varied by the Board of Adjustments if the person applying for the variance files an application for a variance with the Building Official. Included with said application shall be a consent petition which indicates approval of the proposed adult use signed by 90 percent of the property owners within 600 radial feet of the lot on which the use would be located. The Board of Adjustment, in considering such a variance, shall make the following findings: (i) that the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the ordinance will be observed; (ii) that the establishment of an additional use of this type in the area will not be contrary to the program of neighborhood conservation or improvement, either residential or nonresidential; and (iii) that all applicable regulations of this chapter will be observed.

      C.   Termination of Nonconforming Adult Uses. Any such adult use that, at the time of the adoption of the Zoning Ordinance, becomes nonconforming because it does not meet the minimum separation requirements between it and any other such establishment, or between it and any residential zoning district shall terminate all uses herein defined no later than one year after the date of the adoption of the Zoning Ordinance. However, if in the opinion of the owner of the business involved in such use, the termination would create an undue hardship, the owner may appeal to the Board of Adjustment for an extension of time for the termination. It shall be the responsibility of the owner to show just cause for a time extension based upon evidence submitted by the owner which demonstrates by the greater weight of evidence that one year was not an adequate length of time to amortize the owner’s investment in such establishment. The Board shall determine whether such a time extension shall be granted and how long such extension shall be, based upon the evidence presented. However, no establishment shall be granted more than one time extension and no such extension shall be for longer than the minimum time determined necessary by the Board for the owner to amortize the investment which existed at the time of the adoption of the Zoning Ordinance. Any investments in said nonconforming establishment subsequent to the adoption of the Zoning Ordinance shall not be included for such amortization value purposes. Such nonconforming establishment shall not increase, enlarge, expand, extend or alter such land area, building, or structure involved in such establishment except by changing the use to another use which is permitted in that zoning district by the terms of the Zoning Ordinance. If the owner of the nonconforming establishment desires to increase, enlarge, expand, extend or alter such land area, building or structure involved in such establishment, the owner shall be required to apply for a special permit under the provisions of the Zoning Ordinance. In determining whether an adult use is nonconforming, especially in relation to another adult use, the Board shall take into account the length of time that said adult use has been operating at its present location and shall consider the oldest adult use as a conforming use.

      D.   Violation and Penalty. Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this subsection shall be guilty of a simple misdemeanor, and upon conviction, shall be fined not more than $100.00 for the first offense, $250.00 for the second offense, and $500.00 for the third and subsequent offenses.

         (1)   Any violation of the provisions of this subsection may also be considered a municipal infraction. If a municipal infraction citation is served, the procedures for enforcement of that civil offense shall be governed by Chapter 4 of this Code of Ordinances.

         (2)   Each day that a violation is permitted to exist shall constitute a separate offense.

         (3)   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Zoning Ordinance, the City Council, in addition to other remedies, may institute any proper action or proceedings, including an action to enjoin such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, in the name of the City, to restrain, correct or abate such violations, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about said premises.

   4.   Height Regulations. No building shall exceed four stories or 50 feet in height, whichever is lower, except as otherwise provided in Section 170.25.

   5.   Lot Area, Lot Frontage, and Yard Requirements - C-3. The following minimum requirements shall be observed, subject to the modified requirements contained in Section 170.25.