Zoneomics Logo
search icon

Itasca City Zoning Code

§ 4.27

ADULT USE PROVISIONS.

   1.   Declaration of Policy: In the development and execution of these Sections regulating and limiting the location of adult business uses, it is recognized that adult business uses, by virtue of their nature, have serious, objectionable characteristics which can have a deleterious effect upon areas adjacent to them. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting, or downgrading of the surrounding neighborhood. The primary purpose of these regulations is to control the concentration or location of these uses to the fullest extent allowable by law in order to eliminate such adverse effects. It is not the intent of these Sections to deny adults access to sexually oriented materials and services or the providers of such materials and services they market in a manner that is consistent with the law.
   2.   Restriction on Location of Adult Business Uses: Adult business uses shall only be allowed in the M-Limited Manufacturing Zoning District and under the following conditions:
      a.   No person shall operate, or cause to be operated, an adult business use, either as a permitted use or as a special use within one thousand (1,000) feet of the property line of another adult business use; within one thousand (1,000) feet of any Zoning District which is zoned or has a residential use; within one thousand (1,000) feet of a church or religious institution, school, park, cemetery, day operated recreational facility, and within five hundred (500) feet of any Zoning District other than M (Limited Manufacturing) or residential.
      b.   No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to “specified anatomical areas” or “specified sexual activities” from any public way. This shall apply to any display, decoration, sign, show window or other opening, and no advertising or display regarding such use shall be located in other than and M zoned district, or within one thousand (1,000) feet of a zoning which is zoned for or has a residential use, or within one thousand (1,000) feet of a church or a religious institution, school, park, cemetery, or day operated recreational facility.
      c.   The distances provided for in this Section shall be measured by following a straight line without regard to intervening structures from a point on the property or the (zoning) district boundary line from which the proposed use is to be separated.
   3.   Exemption from Local Restrictions: Any person desiring to locate an adult business use at a location prohibited under the aforementioned Paragraph a. and b., or any other provision thereof, shall be required to see a variation of use in accordance with the provisions of the Itasca Zoning Ordinance. In addition to the general criteria that shall be established for a variation use, the person seeking the variation shall also establish the following to be eligible for the variation of use:
      a.   That the location of the proposed adult business use shall not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
      b.   That the location of the proposed adult business use will not downgrade the property values or quality of life in the adjacent areas of encourage the development of urban blight; and
      c.   That the location of an adult business use in the area will not be contrary to any program of neighborhood conservation.
(Ord. 963-97, passed 4-8-97)