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West Branch City Zoning Code

165.34 HCI

DISTRICT REQUIREMENTS.

1.   Permitted Uses. Tow truck service business and impound lots, provided that there shall be no dismantling of vehicles or permanent storage on the premises. Permanent storage is defined as storage on the lot for more than 60 days. All outdoor storage shall be conducted entirely within an enclosed fence, wall or other solid screen. Such solid screen shall be constructed on or inside the front, side and rear lot lines and shall be constructed in such a manner that no impounded vehicles or other items shall be visible from an adjacent property, street or highway. Storage, either temporary or permanent, between such fence or wall and any property line is expressly prohibited. All uses allowed in the Business B-2 District and all uses allowed in the Industrial I-1 District. Adult entertainment establishments, adult bookstores, adult motion picture theaters, and adult mini-motion picture theaters, subject to the following regulations: The following provisions shall govern the location and spatial separation of adult entertainment establishments, adult bookstores, adult motion picture theaters, and adult mini-motion picture theaters in the Highway Commercial Industrial (HCI) district. Said establishments are permitted uses only within a Highway Commercial Industrial district.
   A.   Definitions. The following definitions shall govern the interpretation of this section:
      (1)   Adult Entertainment Establishment: An establishment having:
         a.   A substantial or significant portion of its business, or
         b.   40 percent or more of its gross receipts from the offering of entertainment, stock in trade of materials, scenes or other presentations characterized by emphasis on depiction or description of “specified sexual activities” or “specified anatomical areas” (as defined below).
      (2)   Adult Bookstore: An establishment having:
         a.   A substantial or significant portion of its business, or
         b.   40 percent or more of its gross receipts from its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined below), or an establishment or section devoted to the sale or display of such material.
      (3)   Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined below), for observation by patrons therein.
      (4)   Adult Mini-Motion Picture Theater: An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” (as defined below), for observation by patrons therein.
      (5)   Specified Sexual Activities:
         a.   Human genitals in a state of sexual stimulation or arousal;
         b.   Acts of human masturbation, sexual intercourse or sodomy;
         c.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
      (6)   Specified Anatomical Areas:
         a.   Less than completely and opaquely covered: i) human genitals, pubic region; ii) buttock; and iii) female breast below a point immediately above the top of the areola; and
         b.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   B.   Regulations Governing the Location and Spatial Separation. Adult entertainment establishments, adult bookstores, adult motion picture theaters, and adult mini-motion picture theaters are hereby declared to be regulated uses according to this section and their location and spatial separation shall be governed by rules as follows:
      (1)   Adult entertainment establishments, adult bookstores, adult motion picture theaters, and adult mini-motion picture theaters may be established within the Highway Commercial Industrial District only, but no part of any such adult entertainment establishments, adult bookstores, adult motion picture theaters, or adult mini-motion picture theaters shall be within 1,200 feet of any residential district.
      (2)   No adult entertainment establishments, adult bookstores, adult motion picture theaters, or adult mini-motion picture theaters shall be allowed within 500 feet of any other adult entertainment establishment, adult bookstores, adult motion picture theaters, or adult mini-motion picture theaters or within 1,500 feet of the Interstate 80 right-of-way.
2.   This district is exempt from the sign ordinances of this Code of Ordinances. Chapter 306B, Code of Iowa, shall govern the regulation of signs in this district.
3.   The regulations pertaining to B-2 District shall apply to the construction of buildings constructed for the purposes contemplated in B-2 Districts, except there shall be no rear or side yard requirements other than easements shown on approved subdivision plats.
4.   The regulations pertaining to I-1 Districts shall apply to the construction of buildings constructed for the purposes contemplated in I-1 Districts, except there shall be no rear or side yard requirements other than easements shown on approved subdivision plats.
5.   Private roadways shall be allowed in HCI District with a property owners’ association being created for the purpose of maintaining and repairing said private roadway.