Palm Shores City Zoning Code
ADULT ENTERTAINMENT
§ 157.380 DISTRICT AND INTENT.
(A) The provisions of the Adult Entertainment District are intended to apply only to those uses defined and allowed in Chapter 113 of this code. These uses may only be allowed in the specific area legally zoned for the uses on the official zoning map of the town as long as the provisions for development are met. This district is intended and designed to be in conformance with the commercial lands requirements in the adopted comprehensive plan and shown as commercial on the future land use map.
(B) In addition to all other general location requirements specified in other codes, the uses in this district shall have:
(1) Direct frontage along U.S. Highway 1 (also known as Harbor City Boulevard);
(2) Be properly served with water, sewer or septic tank, drainage, parking and other suitable infrastructure;
(3) Meet signage and landscaping codes and all other applicable land development codes of the town; and
(4) The site shall be made accessible and safely located to allow for ease in access by users and public safety personnel.
(C) In conformance with the licensure provisions for adult entertainment establishments, only one adult entertainment use is allowed at any one location.
(2000 Code, § 66-541) (Ord. 97-01, passed 3-11-1997) Penalty, see § 157.999
§ 157.381 PRINCIPAL USES AND STRUCTURES.
The following principal uses and structures are permitted in the adult entertainment district:
(A) Adult arcade, adult bookstore, adult dancing establishment, adult motel, adult booth, adult motion picture theater, leisure spa establishments;
(B) Eating establishments where no alcoholic beverages are served; and
(C) Retail sales of nonadult materials as long as the site meets the requirements for lands in the C-P Zoning District and all adult materials are separated from nonadult retail sales areas.
(2000 Code, § 66-542) (Ord. 97-01, passed 3-11-1997) Penalty, see § 157.999
§ 157.382 LOCATION REQUIREMENTS FOR ADULT ENTERTAINMENT USES.
(A) Notwithstanding any other provision of this division or any provision of the adult entertainment code for the town, no person shall cause or permit the establishment or operation of any adult entertainment establishment within:
From any other adult entertainment establishment | 1,000 feet |
From any preexisting religious institution, school, day care center or other institutional use | 1,000 feet |
From any area zoned for a residential use within the town | 1,000 feet |
(B) The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each establishment. The distance between any adult entertainment establishment and any religious institution or school shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution or school. The distance between any adult entertainment establishment and an area zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the nearest boundary for the area zoned for residential use.
(C) An adult entertainment establishment shall be allowed only in the adult entertainment district, which will be more particularly described and known as Petit’s property. (See legal description which is on file in the Town Clerk’s office.)
(2000 Code, § 66-543) (Ord. 97-01, passed 3-11-1997) Penalty, see § 157.999
§ 157.383 ACCESSORY USES AND STRUCTURES.
No accessory uses and structures shall be allowed in the adult entertainment district.
(2000 Code, § 66-544) (Ord. 97-01, passed 3-11-1997) Penalty, see § 157.999
§ 157.384 SPECIAL EXCEPTIONS.
No special exceptions are allowed in the adult entertainment district.
(2000 Code, § 66-545) (Ord. 97-01, passed 3-11-1997) Penalty, see § 157.999
§ 157.385 PROHIBITED USES.
All uses not specifically or provisionally allowed in the adult entertainment district are prohibited.
(2000 Code, § 66-546) (Ord. 97-01, passed 3-11-1997) Penalty, see § 157.999
§ 157.386 LOT AND STRUCTURE REQUIREMENTS.
Lot and structure requirements in the adult entertainment district are the same as in the C-P District.
(2000 Code, § 66-547) (Ord. 97-01, passed 3-11-1997) Penalty, see § 157.999
§ 157.387 SITE PLAN REQUIRED.
In addition to any provisions in Chapter 113 of this code, all proposed adult entertainment uses shall submit a site plan in accordance with §§ 157.135 through 157.150 of this chapter prior to or in conjunction with an application for occupational licensure. The plan must demonstrate that all land development codes for the town have been satisfied prior to or not later than the time of occupational license approval by the Town Council.
(2000 Code, § 66-548) (Ord. 97-01, passed 3-11-1997) Penalty, see § 157.999
§ 157.388 BUFFERING/SCREENING REQUIREMENTS.
In addition to any provisions in Chapter 113, Title 13 and § 157.100 of this code and the general buffering provisions required by this chapter, any adult entertainment use shall have at least a six-foot, solid, opaque, concrete, brick or masonry fence or walled structure on all but the frontage of the property, in order to buffer the neighboring uses from any effects from adult uses. The wall/structure shall be at a minimum finished on the outside and include appropriate landscaping. The property at the front of the adult use may be required by the Town Planning and Zoning Board or the Town Council to contain a four-foot opaque wall if a wall will not detract from the visibility and safety of users, employees or public safety personnel.
(2000 Code, § 66-549) (Ord. 97-01, passed 3-11-1997) Penalty, see § 157.999
§ 157.389 VARIANCES AND APPEALS.
The Town Council, upon recommendation of the Planning and Zoning Board, shall have the authority to vary from the strictest application of the land development codes only within the adult entertainment district and only if an applicant can produce expert testimony that demonstrates that lot, structure, parking, landscaping, signage, buffering, yard or other physical code provisions cannot be met for the land zoned for adult entertainment uses.
(2000 Code, § 66-550) (Ord. 97-01, passed 3-11-1997) Penalty, see § 157.999