(A)   Purpose. The uses defined in section § 155.003 as “adult business” or “adult uses” are of such character that their unrestrained location can and has caused or contributed substantially to blighted neighborhoods, residential and commercial, and therefore, the following regulations are enacted in addition to all other applicable land use and development standards in this chapter.

   (B)   Nothing set forth in this chapter of this Code shall authorize, legalize or permit the establishment, operation or maintenance of any business, building or activity which violates any municipal ordinance or provision of the Statutes of the State regarding nuisances, sexual conduct, lewdness, assignation, prostitution, or obscene or harmful matter, nor shall the use of such language be interpreted to legalize the types of businesses which promote such violations.

(Ord. 3142, passed 1-26-98)

   (A)   It shall be unlawful to engage in any adult business or adult use as defined in § 155.003 without first obtaining an Adult Special Use Permit under this section.

      (1)   Exemption for ancillary adult use. An ancillary adult use shall be exempt from the requirements of this section provided a site plan is on file with the the Building Official demonstrating that only an ancillary portion of the business consists of an adult use. The establishment shall maintain adequate records to substantiate the percentage of the overall business operations consisting of an adult use. The adult use shall be considered ancillary if all of the following apply:

(Ord. 3142, passed 1-26-98; Am. Ord. 4230 , passed 2-10-25)

   For the purpose of this section, unless the context clearly indicates otherwise, the words, terms, and phrases shall have the following meanings:

   INDIVIDUAL VIEWING AREA. Any area designed for occupancy of one person for the purpose of viewing performances, pictures, movies, videos or other presentations.

   PERSON. Individuals, firms, corporations, partnerships, associations, or any other forms of business organization or group.

   RELIGIOUS INSTITUTION. A structure which is used primarily for religious worship and related religious activities.

   SCHOOL. Any child day care center or a public or private institution of learning for minors, which offers instruction in those courses of study required by, or which is maintained pursuant to standards set by, the State Board of Education. This definition includes preschools, kindergartens, elementary schools, junior high schools, senior high schools or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

(Ord. 3142, passed 1-26-98)

   (A)   Applicants for an Adult Special Use Permit shall file a written application on a form supplied by the Building Official which shall be signed by the property owner or his or her authorized representative and (if different) the applicant under penalty of perjury. Said form shall be accompanied by a nonrefundable fee which shall be set from time to time by resolution of the City Council.

      (1)   The name(s) and mailing addresses of the property owner(s) and proposed business operators;

      (2)   The property location, including assessor's parcel number;

      (3)   The name and nature of the business and activities to be conducted on the property;

      (4)   The proposed hours of operation;

      (5)   The form(s) of security proposed;

      (6)   The manner of enforcing age restrictions;

      (7)   A detailed floor plan drawn to scale and dimension showing the uses within each room and the location of all walls and partitions including their height and material of construction;

      (8)   A detailed site plan drawn to scale and dimensioned including: all buildings and structures on the site; ingress and egress to the site; parking areas; setbacks and spaces between buildings; walls, fences, and landscaping and their location, height, and materials; location and design of exterior lighting sources, including illumination levels in foot-candles at ground level; the location of security monitoring systems; and trash and recycling facilities;

      (9)   The location of all doors and windows, including sizes, materials and coverings if any;

      (10)   The architectural exterior elevations drawn to scale and dimension depicting design including colors, signage, materials, ornaments or other architectural features and any other appurtenances;

      (11)    All other information required to provide an explanation as to how the proposed project will comply with the requirements of this section and such other information as the Building Official shall deem appropriate.

   (C)   Approval process. The procedures to be followed in reviewing applications for an Adult Special Use Permit shall be the same as those set forth in §§ 155.155 through § 155.157 of this Code.

(Ord. 3142, passed 1-26-98; Am. Ord. 4230 , passed 2-10-25)

   (A)   The Plan Commission may approve an Adult Use Permit if the following requirements are met:

      (1)   The adult use shall be located in an M-2 zone.

      (2) The adult use shall not be located within 1,000 feet of any residential zone or any lawfully established nonconforming residential use.

      (3)   The adult use shall not be located within 1,000 feet of any lot upon which there is legally located a religious institution, public park, or school.

      (4)   The adult use shall not be located within 1,000 feet of any other adult use.

      (5)   The adult use shall not be located within 1,000 feet of any establishment serving or furnishing alcoholic liquor.

      (6)   The adult use shall comply with all applicable development and design standards of the zone in which it is located.

      (7)   The adult use shall comply with the appropriate sign regulations for the zone in which it is located, said signage also being subject to any restrictions placed upon it by the Special Use Permit.

      (8)   The adult use shall not be conducted in any portable or mobile structure or pushcart.

      (9)   The adult use shall conform to the appropriate parking regulations under this chapter and shall not sponsor any special events, promotions, festivals, concerts or other similar events which would increase the demand for parking beyond the approved number of spaces for the particular use.

      (10)    No adult use shall provide the service, sale, or allow the consumption on the premises, of alcoholic beverages without first obtaining a liquor license.

      (11)    The adult use shall not be conducted with any massage, acupuncture, accupressure, fortune telling, or escort services on the premises;

      (12)    The permittee shall provide a security system that visually records and monitors all parking lot areas. Recordings made pursuant to this requirement shall be maintained for a minimum of 14 days;

      (13)    There shall be no display of any sexually oriented material or sexually oriented merchandise on the premises upon which an adult use is conducted which would be visible from any location other than from within the premises;

      (14)    The premises upon which the adult use is conducted shall not allow admittance of any person under the age of 21 years. The minimum age for admittance shall be posted at the entrance to the premises.

      (15)    The adult use shall not operate between the hours of 2:00 a.m. and 7:00 a.m.

      (16)    The premises on which an adult use is conducted shall have separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females and female patrons and employees shall be prohibited from using the restrooms for males, except to carry out duties of repair, maintenance and clearing of the restroom facilities. The restrooms shall be free from any adult-oriented material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.

      (17)    All areas of the premises on which an adult use is conducted shall be illuminated at a minimum of 15 footcandles evenly distributed at ground level.

      (18)    No solicitation of trade may be made at or near the entrance to the premises on which an adult use is conducted by any means other than signage which complies with the appropriate sign regulations of the city.

      (19)    All required permits and licenses shall be conspicuously posted at a location where they may be observed by any member of the public.

      (20)    Any adult use which permits patrons to view live, filmed or recorded entertainment or to use or consume products or services on the premises, shall conform to the following requirements:

         (a)   At least one (1) security guard shall be on duty outside the premises patrolling the grounds and parking areas at all times during hours of operation. If the occupancy limit of the premises is greater than 50 persons an additional security guard shall be on duty inside the premises. The security guard shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this code and notifying the City Police Department and Building Official of any violations of law. Said security guard shall be uniformed in such manner as to be readily identifiable to the public as a security guard. No security guard required hereunder shall act as a doorperson, ticket seller, ticket taker, admittance person or any other capacity while acting as a security guard hereunder; and

         (b)   No exterior window or door on the premises in which an adult use is conducted shall be propped or kept open at any time during hours of operation. Any exterior windows shall be covered with opaque covering at all times; and

         (c)   Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the premises on which an adult use is conducted.

      (21)    The following additional requirements shall pertain to adult coin operated businesses, adult arcades, or any adult use which provides one or more individual viewing areas:

         (a)   The application for the adult use shall be accompanied by a diagram of the premises showing a plan specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area and no dimension may exceed eight (8) feet. Each such diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior; and

         (b)   At least one (1) employee shall be on duty and situated at a manager's station at all times that any patron is present; and

         (c)   The interior shall be configured in such a manner so that there is an unobstructed view from a manager's station of every area to which any patron is permitted access, excluding restrooms. If two (2) or more manager's stations are designated, then the interior shall be configured in such a manner that there is an unobstructed view of every area to which any patron is permitted access, excluding restrooms from at least one of the stations. The view required by this subsection shall be by direct line of sight. No alteration in the configuration of the interior floorplan may be made without the consent of the Building Official; and

         (d)   All individual viewing areas within the premises shall be visible from a continuous and visually accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the individual viewing area; and

         (e)   No individual viewing area shall be occupied by more than one (1) person at any time; and

         (f)   Individual viewing areas shall be operated and maintained without any hole or other opening or other means of direct communication or visual or physical access between the interior space of two (2) or more individual viewing areas.

   (B)   Measurement of distance.

      (1)   The distance between an adult use and the uses listed in subsections §§ 155.114(A)(2), 155.114(A)(3), 155.114(A)(4), and 155.114(A)(5) of this section shall be measured in a straight line, without regard to intervening structures, from the closest property line of the parcel on which the adult use is conducted to the nearest property line of the parcel on which such uses listed in subsections §§ 155.114(A)(2), 155.114(A)(3), 155.114(A)(4), and 155.114(A)(5) of this section are located.

      (2)   Once an adult use obtains an Adult Special Use Permit pursuant to this section, the subsequent establishment of any use listed in subsection §§ 155.114(A)(2), 155.114(A)(3) and 155.114(A)(5) of this section within the restricted distances shall not render the adult use non-conforming.

   (C)   Inspections. The permittee shall permit officers of the city to conduct unscheduled inspections of the premises on which the adult use is operated for the purpose of insuring compliance with the law at any time the adult use is open to the public.

   (D)   Revocation.

      (1)   Revocation grounds. The Building Official shall recommend revocation of an Adult Special Use Permit upon discovering that any of the following have occurred:

(Ord. 3142, passed 1-26-98; Am. Ord. 4230 , passed 2-10-25)

   (A)   See § 155.999 of this chapter.

(Ord. 3142, passed 1-26-98)