(a)

This section is intended to provide for the proper location of adult entertainment establishments in the C-4 business district and the CLIC-1 campus light industrial/commercial district to protect the integrity of adjacent neighborhoods, educational institutions, religious institutions, parks and other commercial enterprises. Proper separation of adult entertainment establishments prevents the creation of "skid-row" areas in the town which results from the concentration of these establishments and their patrons. It is the intent to limit the secondary effects of adult entertainment establishments as set out in the findings of fact contained in section 8-65.

(b)

The locational restrictions contained in this article should not be construed as to apply only to those residential zoning districts, religious institutions, educational institutions, parks and other commercial enterprises which cater to or are attended by persons under 18 years of age. The restrictions within this section are intended to ensure that residential zoning districts, educational institutions, religious institutions, parks and other commercial enterprises are located in areas free from the secondary effects of adult entertainment establishments.

(c)

The location of residential zones, educational institutions, religious institutions, parks and other commercial enterprises within viable, unblighted and desirable areas support the preservation of property values and promote the health, safety and welfare of the public at large.

(Ord. No. 4-1995, § 1, 2-15-1995; Ord. No. 8-1999, § I, 4-21-1999; Code 1978, § 32-181)

The findings of facts specified in section 8-65 are hereby incorporated by reference and were relied upon by the town commission in the adoption of this section.

(Ord. No. 4-1995, § 2, 2-15-1995; Ord. No. 8-1999, § II, 4-21-1999; Code 1978, § 32-182)

(a)

Generally. For purposes of this article, the terms used herein shall have the same meaning as defined in section 8-66.

(b)

Residential zoning district. The term "residential zoning district" shall include the following zoning districts and any other zoning districts which have not been designated in the comprehensive plan as commercial or industrial potential:

(1)

R-1AA residence districts.

(2)

R-1A residence districts.

(3)

R-1B residence districts.

(4)

R-1 residence districts.

(5)

R-2A residence districts.

(6)

R-2 residence districts.

(7)

R-3 residence districts.

(Ord. No. 4-1995, § 3, 2-15-1995; Ord. No. 21-1995, § I, 12-6-1995; Ord. No. 8-1999, § III, 4-21-1999; Code 1978, § 32-183)

Cross reference— Definitions generally, § 1-2.

(a)

Zoning. Notwithstanding any other provision of this Code, except 78-317 or any provision of the town planning, land development and zoning regulations, no person shall propose, cause or permit the operation of, or enlargement of (except when an enlargement is required by law), an adult entertainment establishment unless the establishment would or will be located in the CLIC-1 or C-4 zoning districts where adult entertainment establishments are an expressly permitted use subject to special exception review by the community development director for conforming with the requirement of the town Code.

(b)

Distance minimums. In addition to the zoning requirements set forth in subsection (a) of this section, an adult entertainment establishment shall not be allowed to open, operate, or be enlarged (except when the enlargement is required by law) within any of the following distances:

(1)

One thousand five hundred feet of a preexisting adult entertainment establishment;

(2)

One thousand five hundred feet of a preexisting commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption;

(3)

One thousand five hundred feet of a preexisting religious institution;

(4)

One thousand five hundred feet of a preexisting educational institution;

(5)

One thousand feet of an area zoned within the county or municipality for residential use;

(6)

One thousand feet of an area designated as residential on the future land use map of the town's comprehensive plan;

(7)

One thousand feet of the property line of a preexisting residence;

(8)

One thousand feet of a preexisting park; or

(9)

Within 500 feet of the right-of-way of the following roads as exist within the jurisdiction of the town: Old Dixie Highway, Silverbeach Road, Water Tower Road, Northlake Blvd. and the Future Extension of Congress Avenue.

(c)

Enlargement. In this subsection, the term "enlargement" includes, but is not limited to, increasing the floor size of the establishment by more than ten percent.

(d)

Supplemental to alcoholic beverage regulations. The zoning and distance requirements of subsections (a) and (b) of this section are independent of and do not supersede the distance requirements for alcoholic beverage establishments which may be contained in other laws, rules, ordinances or regulations.

(Ord. No. 4-1995, § 4, 2-15-1995; Ord. No. 8-1999, § IV, 4-21-1999; Code 1978, § 32-184)

(a)

The distance from a proposed or existing adult entertainment establishment to a preexisting adult entertainment establishment, a preexisting religious institution, a preexisting educational institution, an area zoned for residential use, an area designated on the future land use map of the comprehensive plan as residential, a preexisting residence, a preexisting park or a preexisting commercial establishment that sells or dispenses alcohol for on-premises consumption shall be measured by drawing a straight line between the closest property lines of the proposed or existing adult entertainment establishment and the preexisting adult entertainment establishment, preexisting religious institution, preexisting educational institution, area zoned for residential use, area designated on the future land use map of the comprehensive plan as residential, preexisting residence, preexisting park or preexisting commercial establishment that sells or dispenses alcohol for on-premises consumption.

(b)

Nothing in section 78-314 or this section shall be interpreted as preventing the town from measuring a distance from a proposed or existing adult entertainment establishment within the town's jurisdiction to a preexisting adult entertainment establishment, a preexisting religious institution, a preexisting educational institution, an area zoned for residential use, an area designated on the future land use map of the comprehensive plan as residential, a preexisting residence, a preexisting park or a preexisting commercial establishment that sells or dispenses alcohol for on-premises consumption that is located outside the jurisdiction of the town. The foregoing is reflective of the town's intent to prevent, in all areas of the town, the adverse impacts relating to the concentration of adult entertainment establishments and the placement of such establishments in close proximity to other specified uses, including areas in close proximity to neighboring jurisdictions.

(Ord. No. 4-1995, § 5, 2-15-1995; Ord. No. 21-1995, § II, 12-6-1995; Code 1978, § 32-185)

(a)

An adult entertainment establishment which, on January 24, 1995, was located on a site which is prohibited by section 78-314, shall cease operations by October 1, 1996.

(b)

When a nonconforming use of an adult establishment has been discontinued for 90 consecutive days or more, the nonconforming use shall be deemed abandoned and the future use of the premises or site shall revert to only those uses permitted on the site on which the establishment is located.

(Ord. No. 4-1995, § 6, 2-15-1995; Code 1978, § 32-186)

The planning and zoning board of the town may approve or deny a variance from the distance and zoning requirements of this Code in accordance with the procedures and criteria outlined in section 55-63.

(Ord. No. 8-1999, § V, 4-21-1999; Code 1978, § 32-187)

(a)

Rules of construction. This article shall be liberally construed to accomplish its purpose of regulating and dispersing adult entertainment establishments and related activities.

(b)

Plan review. The staff shall compare the official plans of the community development department and property appraiser's office against the plan submitted.

(c)

Special exception review. Any person wishing to open an adult entertainment establishment shall be required to submit a special exception application to the community development director. Such application shall be submitted on forms approved by the community development director. The community development director shall have 30 days from submission of an adult entertainment special exception application to notify an applicant as to whether or not the application is complete and meets the distance requirements of section 78-314(b) and all other requirements of the town Code. If the application is found incomplete, the applicant can immediately file an appeal of this decision to the planning and zoning board. The planning and zoning board will consider the appeal within 30 days.

(Ord. No. 4-1995, § 8, 2-15-1995; Ord. No. 8-1999, § VI, 4-21-1999; Code 1978, § 32-188)

The provisions of this article may be enforced as specified in section 8-67.

(Ord. No. 4-1995, § 9, 2-15-1995; Ord. No. 8-1999, § VII, 4-21-1999; Code 1978, § 32-189)