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Union Springs City Zoning Code

ARTICLE 8

- SUPPLEMENTARY REQUIREMENTS

Section 8.1 - Purpose

The regulations set forth in this article supplement or modify the district regulations appearing elsewhere in this zoning ordinance. Whenever the specific district regulations pertaining to one district permit the uses of a more restrictive district, such uses shall be subject to the conditions as set forth in the regulations of the more restrictive district unless otherwise specified.

(Res. No. 2013-14, 12-2-2013)

Section 8.2 - Excess height

In any district, a radio, television and/or other communication transmission tower and the primary structures in any District or Special Use and Overlay District may be erected or altered to a height in excess of that specified for such district or districts provided that each dimension provided herein for required front, side and rear yard is increased one foot for each two feet of such excess height. Provided, further, that where no yard is required, the part of the structure exceeding the height specified for the district shall be set back from the vertical plane of the adjacent building site line one foot for each two feet of such excess height.

(Res. No. 2013-14, 12-2-2013)

Section 8.3 - Guest cottage

A guest cottage dwelling shall be allowed by a conditional use permit as an accessory structure to the principal detached single household dwelling in zoning districts specified in Article 5.

(Res. No. 2013-14, 12-2-2013)

Section 8.4 - Extractive operation

Before operations may commence, and at all times thereafter as may be required by law, the owner or operator of an extraction operation shall be in compliance with all applicable laws and requirements of the State of Alabama.

8.4.1 Conditional Use Permit Required

A Conditional Use Permit shall be obtained before operations commence if the use is located in a zoning district requiring such permit.

8.4.2 Drainage Plan Required

The applicant shall be required to submit a drainage plan the Union Springs zoning administrator for approval by the city engineer. The plan shall provide for the restoration of the site and detail a schedule of rehabilitation measures upon completion of the excavation.

8.4.3 Site Plan Required

A detailed site plan shall be submitted to the zoning administrator for approval and shall include, at a minimum, the following:

a.

An outline of the area to be excavated;

b.

The proposed locations of sorting, grading, crushing, and similar equipment necessary to the operation and initial distribution of the excavated products; and

c.

The proposed location of any building, scale-house, equipment storage areas, equipment repair sheds or areas, and pit access routes.

8.4.4 Setbacks

The use shall be setback at least 100 feet from road rights-of-way and property lines bordering undeveloped parcels. A minimum 200 foot setback shall be required from property lines abutting developed parcels.

8.4.5 Buffers

A minimum buffer of 50 feet shall be maintained within the specified setback area along all interior property lines. Said buffer shall consist of native vegetation or planted shrubs and offer sufficient opacity to obscure the view of the operations area.

8.4.6 Required Fencing

The removal area shall be sealed by fencing or grading or other device from general public access. All entrances shall be fenced and locked during non-business hours.

8.4.7 Nuisance

The extraction operation shall not produce dust of sufficient magnitude to become a nuisance to nearby land uses.

8.4.8 Inspections

An approved up to date drainage and site plan, accompanied by a copy of the state extraction permit or claim of exemption, will be maintained on file in the office of the Union Springs zoning administrator for public inspection.

(Res. No. 2013-14, 12-2-2013)

Section 8.5 - Residential accessory buildings

For the purpose of maintaining the residential character of neighborhoods, it is in the interest of the City of Union Springs to set limits on the size, appearance and number of buildings that are accessory to primary one- or two-family residences. A structure used as an accessory building to a primary residential use shall meet the following conditions:

a.

The cumulative square footage under roof of all accessory buildings on the property in a residential zoning district shall not exceed the overall square footage of the primary residential structure.

b.

A property shall have no more than three accessory structures allowed per primary residence.

c.

A guest cottage permitted under Section 8.3 shall not be included in the cumulative calculation for accessory buildings.

d.

Agricultural buildings described below in Subsection 8.5.2, or the portion thereof dedicated to an agricultural use, shall not be included in the cumulative calculation for accessory buildings.

e.

The total property coverage of all buildings, including those exempted for the purpose of calculation of the allowable accessory building size limit, shall not exceed the allowance of Section 5.4 of this zoning ordinance.

8.5.1 Appearance

Except as noted, the appearance and construction of an accessory building shall be similar or complimentary to the primary residence and shall not be out of character with the neighborhood.

a.

Accessory buildings for agricultural purposes shall be exempt.

b.

Utility enclosures not exceeding 100 square feet shall be exempt.

c.

Buildings constructed on a steel chassis shall not be allowed for accessory use.

d.

Pre-manufactured steel or plastic storage sheds of 192 square feet or less in overall size are exempt.

8.5.2 Agricultural Exemptions

A building constructed for the purpose of being an accessory building to a primary agricultural use on a parcel of 20 acres or greater is exempt as long as the building is maintained as an agricultural accessory use. Accessory residential storage within such an agricultural building will be allowed as long as the area devoted to this activity does not exceed the overall square footage as allowed in Section 5.4.

8.5.3 Legal Non-Conformancies

Accessory buildings not meeting the intent of this section that were placed in service before the adoption of this section shall be considered to be legally non-conforming.

(Res. No. 2013-14, 12-2-2013)

Section 8.6 - Home occupations

All home occupations shall meet the following standards:

a.

A home occupation shall be permitted by right in districts indicated in Table of Uses in Article 5.

b.

No persons other than members of the family residing on the premises shall be employed by the home occupation.

c.

The home occupation must clearly be secondary and incidental to the use of the dwelling unit as a residence. No more than 25 percent of total heated and ventilated floor area, up to a maximum of 500 square feet, shall be devoted to the home occupation.

d.

The appearance of the dwelling unit shall not be altered, nor shall the home occupation be conducted in any way that would cause the premises to differ from its residential character and that of the immediate neighborhood.

e.

The home occupation shall be operated in or from the existing dwelling unit. The existing dwelling unit shall not be enlarged to accommodate the home occupation; nor shall any accessory structure be built for the purpose of operating the home occupation.

f.

There shall be no outside display or storage of materials, good, supplies, or equipment used in the home occupation; nor shall there be any sign advertising the home occupation.

g.

No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential area. Any need for parking generated by the home occupation shall be met off the street and other than in the required front yard.

h.

The operation of a home occupation shall not create any nuisance such as excessive traffic, on-street parking, noise, vibration, glare, odor, fumes, dust, heat, fire hazards, electrical interference or fluctuation in line voltage, or be present or noticeable beyond the property boundaries of the home occupation premises.

Any person desiring to operate a home occupation shall submit an application to the City Clerk. The applicant shall present evidence of ownership of the property in question, or a signed and notarized letter from the owner authorizing the application. The City Clerk shall have 10 days in which to act on an application.

No more than one home occupation shall be approved in any residential dwelling unit.

Action taken pursuant to this zoning ordinance does not necessarily mean that other regulations, rules, covenants, deed restrictions or other matter would prohibit such action.

Final approval of a home occupation shall be contingent upon the applicant obtaining a valid business license from the City.

(Res. No. 2013-14, 12-2-2013)

Section 8.7 - Recreational vehicles

Overnight recreational vehicle parks and the general use of recreational vehicles shall meet the following minimum standards.

8.7.1 Permissible Use and Location.

A recreational vehicle shall only be used as a temporary occupancy for travel and recreational purposes and, when used as such, it must be located in a recreational vehicle park. A recreational vehicle shall be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and securing devices and has no permanently attached additions. A recreational vehicle park shall be allowed as stated in the Table of Uses included in Section 5.3.4.

8.7.2 Exceptions

a.

An individual owner may use a self-contained recreational vehicle for a period not to exceed two consecutive days within a 30-day period provided that such recreational vehicle is parked on property on which the owner's principal residence is located.

b.

A self-contained recreational vehicle may be used as allowed in Section 8.7.3 of this section, Temporary Use of Recreation Vehicles in Hunting Camps and along Waterfront Property.

8.7.3 Procedures and Standards for Recreational Vehicle Parks

a.

All recreational vehicle parks are subject to the standards contained in this section.

b.

Recreational vehicle parks are permitted by right and may be permitted as a conditional use at outlined in the Table of Uses included in Section 5.3.4. No recreational vehicle shall be used as a permanent dwelling. Continuous occupancy extending beyond four months in any 12 month period shall be considered permanent occupancy. Recreational vehicles may be parked or stored in residential districts as provided in Article 9.

c.

The maximum number of campsites is 15 per acre.

d.

The minimum land area of a recreation vehicle park is three acres.

e.

Use of spaces in recreational vehicle parks is limited to recreational vehicles.

f.

Each recreational vehicle park shall be served with a public/private water supply system capable of providing domestic water use and fire protection.

g.

Each recreational vehicle park shall be served with public/private sanitary sewer treatment facilities or on-site sanitary sewer facilities meeting all requirements of the Bullock County Health Department.

h.

No space shall be so located that any part intended for occupancy for sleeping purposes shall be within 30-feet of any property line. Recreational vehicles must be separated from each other and from other structures by at least 10 feet.

i.

No recreational vehicle park shall be located except with direct access to a paved county, state or federal highway, with a minimum lot width of not less than 50 feet for the portion used for entrance and exit. No entrance or exit shall be through an existing residential subdivision. Access drives must be a minimum of 24 feet wide for a two-way street and 12 feet wide for a one-way street and must be improved with a suitable hard surface permanent type of pavement such as asphalt, concrete, limestone or other similar surface approved by the planning commission.

j.

Management headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to the operation of a recreational vehicle park are permitted as accessory uses.

k.

Each recreational vehicle site must be at least 1,600 square feet in area and must contain a parking pad improved with a suitable all-weather surface. Each recreational vehicle site must also contain at least one off-street parking space improved with a suitable all-weather surface.

(Res. No. 2013-14, 12-2-2013)

Section 8.8 - Outdoor lighting

Good outdoor lighting at night benefits everyone. It increases safety, enhances the city's nighttime character, and helps provide security. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare, light trespass, and higher energy use. Excessive glare can be annoying and may cause safety problems. Light trespass reduces everyone's privacy, and higher energy use results in increased costs for everyone. Appropriately regulated and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of the City of Union Springs. Luminaries on all properties, in all zoning districts, shall be installed with the idea of being a "good neighbor", with attempts to keep unnecessary direct light from shining onto abutting properties or streets.

Spotlights and floodlights shall be angled so that the center of the beam will strike the ground within said property line. Any exterior lighting that can be reasonably expected to create a nuisance to the adjacent neighboring properties is prohibited.

(Res. No. 2013-14, 12-2-2013)

Section 8.9 - Design guidelines

In considering site development plans and proposed development in certain types of districts, the planning commission will consider design guidelines in evaluating proposed rezoning cases or proposed site development. These guidelines are general in nature and provide a guide to assist the planning commission in ensuring consistency between specific site development and the Union Springs Comprehensive Plan.

8.9.1 Design Guidelines in Gateway Business Developments

a.

Land uses in gateway business districts should include large retail centers, highway type commercial, large office and institutional uses and interstate travel services.

b.

Land uses in tourism and entertainment gateways should include large gaming and amusement developments, travel parks, hotels, specialty retail, such as restaurants, gift shops, etc.

c.

Land uses in highway convenience districts should include highway services and convenience business, such as convenience stores, service stations, auto parts and dealerships and car lots, etc.

d.

Redevelopment in Gateway business includes the reorganization and reuse of currently developed property. Land uses should include a combination of Gateway business, Highway convenience and tourism/entertainment development.

e.

Design of streets and roads should reflect interstate design, with parkway design being considered for major roadways. Access management with limited curb cuts and access points should be a priority.

f.

Consideration should be given to community facilities in gateway districts to include visitor information, regional health care and similar facilities, large scale parks and public facilities. Tourism services should be considered a priority.

g.

Important design considerations include controlled interstate signs and limited highway signs. Controlled large scale signs should be considered in tourism and entertainment developments. Interstate scale lighting is appropriate, near the interstate. Highway scale lighting is appropriate along major roadways, with more controlled lighting in parking lots, etc.

h.

Landscaped streets and parking lots are an important consideration.

i.

Consideration should be given to architectural style that is consistent with large scale commercial development and in conformance with landscape, signage and other provisions of the zoning ordinance.

8.9.2 Design Guidelines in Mixed Use Developments

a.

Land uses in mixed use civic core districts should include city halls, county offices, government offices, post offices, public buildings and places, health care facilities, museums, etc. Civic places should be considered in conjunction with central business type developments. It is critical that many city and other government facilities be located in a central place. All new public facilities should reflect the design character of the historic and context design of nearby developments.

b.

Land uses in central business mixed use developments should include community retail business, professional offices, higher density housing, town markets, community services, community scale entertainment and recreation developments.

c.

Land uses in mixed use neighborhood districts should include medium density housing, neighborhood scale business, bed and breakfast developments, home offices, professional offices.

d.

Redevelopment in mixed use districts includes the reorganization and reuse of currently developed property. Land uses should include a combination of central business, mixed use neighborhoods and civic core uses.

e.

Design of streets and roads should reflect a grid street pattern, complete streets, sidewalks, public transportation facilities, rear service and alleys.

f.

Consideration should be given to community facilities in mixed use districts to include town squares and parks, public spaces, public market spaces. There should be an emphasis in mixed use neighborhoods to schools, parks, trails, community centers and churches of neighborhood scale.

g.

Important design considerations include limited public signage, landscaped parking and public spaces, public scale lighting and pedestrian amenities and lighting.

h.

In central business districts, controlled business signage should be considered with limited parking in front of buildings and include pedestrian scale lighting and amenities. In mixed use neighborhoods, special business signs should be considered to reflect residential and business character. Architectural scale and style considerations should reflect residential scale buildings, historic, and town and country architecture.

i.

Landscaped streets and parking lots are an important consideration.

j.

Consideration should be given to architectural style that is consistent with large scale commercial development and in conformance with landscape, signage and other provisions of the zoning ordinance.

8.9.3 Design Guidelines in Industrial Districts

a.

Land uses in industrial parks should include indoor manufacturing, distribution, limited commercial, business offices and transportation. Industrial parks should generally include permanent type structures and include planned landscaping, signage and lighting.

b.

Land uses in inter-modal transportation type districts should be limited primarily to transportation related development including transportation related facilities, rail and truck facilities and distribution systems. Inter-modal facilities should be developed in conjunction with industrial parks, with well designed access and connections for highway, rail and truck use.

c.

Land uses in research centers should include university related research centers, controlled industrial uses and demonstration facilities.

d.

Design of streets and roads should reflect major industrial access and street system with controlled access and limited curb cuts. Direct rail access and inter-modal connections are a priority, as is, proximity to the interstate. Pedestrian traffic should be carefully controlled in industrial parks and inter-modal centers. Trails may considered as an alternative to sidewalks in industrial parks and research centers. Considerations should be given to public transportation to industrial and research sites.

e.

Consideration should be given to industrial, transportation and inter-modal facilities, training and education facilities. Community access, community facilities and semi-public space, meeting and conference space, trails and special recreation facilities are a consideration in the research center.

f.

Important design considerations include very limited and controlled corporate style signage, industrial or institutional scale lighting, landscaped parking and public spaces, and buffers between industrial uses and residential and commercial properties as needed.

g.

Consideration should be given to architectural style that includes standards for permanent building and materials. Research centers should reflect the character and style consistent with other institutional development and include landscaped parking and grounds as well as pedestrian scale lighting where appropriate.

8.9.4 Design Guidelines in Residential Districts

a.

Land uses in affordable housing districts should include higher density residential development, multi-family housing, single family housing on small lots, mixed use in conjunction with town center and other mixed uses and planned manufactured home parks or subdivisions.

b.

Affordable housing, for the most part, should be constructed in traditional neighborhood patterns and, when possible, in developments that include market rate housing and mixed use developments. Affordable housing should be compatible with traditional and market rate housing. Manufactured housing should be encouraged in subdivisions in lieu of manufactured home parks.

c.

Land uses in traditional neighborhood developments should include medium density residential, limited multi-family housing and limited mixed use neighborhoods. New residential land use should be encouraged as traditional neighborhood development, if development is to be medium to high density residential. Such neighborhoods should include new neighborhoods laid out grid street patterns as well as incorporated into existing neighborhoods where the traditional grid street pattern might need to be modified to reflect existing conditions. Public and semi-public facilities are important to these neighborhoods as are home occupations. Affordable housing should be incorporated into traditional neighborhood development whenever possible.

d.

Land uses and patterns of development for retirement housing should include mixed use residential densities, special assisted living amenities and access to nursing facilities, in certain cases. Retirement and senior housing should be developed in conjunction with the town center, mixed use or traditional neighborhoods and conveniently located to public facilities and transportation and other services. Other retirement housing might be built in more rural development patterns, as houses in the woods.

e.

Design of streets and roads should reflect grid street pattern, "complete streets", sidewalks, public transportation facilities, rear service and alleys. Trails should be incorporated into housing developments. In some cases, street design will need to reflect a modified street grid pattern to accommodate existing neighborhoods or a more rural pattern. The street pattern, however, can still include the concept of complete streets and selective use of sidewalks and trails.

f.

Consideration should be given to community facilities such as parks, public spaces, community centers, schools, neighborhood scale churches, libraries and day cares, museums, etc.

g.

Important design considerations include residential scale lighting and signage and pedestrian amenities. Architectural style and scale should reflect Town and Country housing for single family and multi-family development, with a strong emphasis on landscaping and preserving natural areas.

8.9.5 Design Guidelines in Open Space Districts

a.

Land uses in natural resource management open space districts should include forest preserves, game management areas, flood plain and watershed protection uses. For the most part, these areas are at the edge of or outside of urban development. The emphasis in these areas is on preservation and conservation, with limited development or disturbance of natural resources.

b.

Land uses in agricultural industry districts should include forest production, natural resource extraction, recovery, and farmers markets. These activities present wide ranging land uses, from farms that have minimal environmental impact or disturbance to neighborhoods to resource extraction, such as sand and gravel operations which require substantial buffers from other land uses. Most of these uses should be located outside urban parts of the city. Zoning and other regulatory provisions will need to provide for mitigation of the impact of these developments.

c.

Land uses in outdoor recreation districts should include large scale parks, hunting and fishing clubs, trails and campgrounds. Some of these uses are large areas, such as parks or reserves. Others are linear, in the form of trails or greenways. Consequently, many of these uses are public facilities and are present in many other development districts. These land uses often serve as buffers between incompatible land uses.

d.

Land uses in agriculture and rural housing districts include homesteads, working farms, horse farms, non-working farms, houses in the woods, and estate type housing. These land uses follow a typical pattern that now exists in Union Springs. These developments range from large country homes on family farms to new homes in subdivisions with large lots to conservation subdivisions which preserve existing natural areas.

e.

Design of streets and roads should reflect, generally, two lane and county roads, highway and county road access to agriculture industry. Controlled truck and equipment access is required in agriculture industry areas or large scale recreation. Hiking, biking and riding trails along streams and creeks and scenic byways are a priority in outdoor recreation and rural housing areas.

f.

Consideration should be given to community facilities in open space districts to parks, trails, churches, tourism sites, visitor information, recreation and retreat centers.

g.

Important design considerations include preservation of natural forests and other natural resource areas, preservation of flood plains and watersheds, well maintained rural roads and scenic byways, very limited signage and lighting. Architectural character and style should reflect town and country style, compatible outdoor structures, controlled signage and lighting.

(Res. No. 2013-14, 12-2-2013)

Section 8.10 - Adult entertainment

The purpose of this provision is to avoid potential adverse secondary effects of adult entertainment businesses on other residential, commercial, industrial and institutional properties within the City of Union Springs and to recognize the need for dispersion of adult entertainment businesses to avoid such secondary effects as the impact of undue concentration of population and traffic during evening and nighttime hours. The zoning ordinance provision is specifically not intended to deny any freedom of expression or speech.

8.10.1 Applicability

It is the intention of this provision to leave sufficient locational opportunity within the City of Union Springs for adult entertainment businesses with an adequate number of sites that are appropriately zoned and generally suitable for this type of commercial enterprise. The locational restrictions contained herein are intended to withstand review under the relevant real estate market standard.

8.10.2 Definitions

The definition of Adult Entertainment Businesses shall include the following:

a.

Adult Arcade: An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas". Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the State of Alabama.

b.

Adult Bookstore: An establishment which has as a substantial portion of its stock-in-trade and offers for sale or lease for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas",

(2)

Instruments, devices or paraphernalia which are designed for use in connection with "specified anatomical areas." Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the State of Alabama.

c.

Adult Cabaret: A nightclub, bar, restaurant, theater, or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas." Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the State of Alabama.

d.

Adult Motion Picture Theater: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas." Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the State of Alabama.

e.

Ancillary Definitions:

(1)

Specified Anatomical Areas: Less than completely and opaquely covered:

(a)

human genitals, pubic region,

(b)

buttocks,

(c)

anus,

(d)

That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola. This definition shall include the entire lower portion of the female breast

(2)

Human male genitals in a discernibly turgid state even if completely and opaquely covered. Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the State of Alabama.

(3)

Specified Sexual Activity: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; If fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts; flagellation or torture in the context of a sexual relationship; masochism, erotic or sexually oriented torture, beating or the infliction of physical pain; erotic touching, fondling or other such contact with an animal by a human being; or human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in this section.

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the State of Alabama.

f.

Adult entertainment premises: Any premises to which the public, patrons or members are invited or admitted and wherein any adult entertainment is provided to a member of the public, a patron or a member.

g.

Employee: Any and all persons, including but not limited to, managers, entertainers, and independent contractors, who work in or render any services directly related to the operation of an adult entertainment business.

h.

Entertainer: Any person who on any occasion provides adult entertainment within an adult entertainment premises as defined in this section, whether or not a fee is charged or accepted for entertainment, or whether or not the entertainer; is paid.

i

Entertainment: Exhibition or dance of any type, pantomime, modeling or any other performance.

j.

Manager: Any person who manages, directs, administers, or is in charge of, the affairs and or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment business.

k.

Operator: Any person operating, conducting or maintaining an adult entertainment business.

l.

Person: Any individual, partnership, corporation, trust, incorporated and unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.

m.

Public place: Any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not.

8.10.3 Location Requirements

Adult entertainment establishments must be location in the following areas:

a.

Adult entertainment establishments may be located only in M-1 Industry zoning districts

b.

Adult entertainment businesses must be located and directly accessible from a State Highway.

c.

Adult entertainment businesses must be located in a single occupancy commercial building which meets all state and city building and safety codes.

d.

An adult entertainment business may not be located in the same building or structure, or portion thereof, in which another adult entertainment business is located.

e.

Adult entertainment businesses must have all applicable state and local Licenses and Permits posted in proper locations.

f.

Minimum admittance age must be clearly posted on all entry doors to adult entertainment establishments.

g.

Adult entertainment businesses must be connected to public water and sewer systems or certificated utility.

h.

An adult entertainment business may not be operated within one-quarter mile (1,320 feet) of the closest property line of the site used for:

(1)

A church, synagogue or regular place of religious worship and related facilities;

(2)

A public, parochial or private pre school, elementary, intermediate, high school or special education institution and related facilities;

(3)

A community college, college or university and related facilities;

(4)

An institution or facility of Federal, State or Local governments;

(5)

Any platted residential subdivision;

(6)

Any residential lot or tract which is occupied with a residence, located on a lot outside a platted residential subdivision, or on acreage;

(7)

A public or private park, playground, sports facility, racetrack, golf course, riding stable or recreation center;

(8)

A library, recognized historic site or property, community center or public assembly building;

(9)

A licensed day-care center;

(10)

A public or private hospital or clinic;

(11)

A public or private extended care facility or nursing home; or

(12)

Another adult entertainment business.

For purposes of this zoning ordinance, such linear measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult entertainment business is located to the nearest property line of the premises of the facilities enumerated in Subsection 8.10.3.h.

For the purpose of Subsection 8.10.3.h.12 above, the distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each such business is located.

(Res. No. 2013-14, 12-2-2013)