§ 3389.10 — Procedures for reducing the separation requirements for adult uses

3389.10 - Procedures for reducing the separation requirements for adult uses.

An adult entertainment establishment or an adult store requires a special permit to locate less than 250 feet from a child day care center, hospital, park, playground, public library, public recreation facility, religious facility, school, or residentially zoned district, or to locate less than 250 feet from another adult entertainment establishment or adult store. The board of zoning adjustment may consider a special permit request for reduced distance separation only after the following criteria and procedures have been followed: A. An application has been properly submitted containing a petition with the legible signatures of more than 50 percent of all persons residing, owning property, and maintaining permanent business establishments within 250 feet of the location proposed for an adult entertainment establishment or an adult store. The petition is to be accompanied by a notarized affidavit attesting to the accuracy, completeness, and validity of the petition, and that the petition meets all the relevant governing procedures and requirements contained in the adopted board of zoning adjustment rules and regulations. Each page of the petition must contain the following minimum information: 1. A clear and concise description of the intended adult entertainment establishment or adult store; 2. A clear and concise indication of the code-required distance separation and the distance reduction being requested; 3. A clear and concise instruction informing the person, that signing the petition indicates the person's support, or non-objection to the reduced distance separation; and 4. Sequentially-numbered lines for individual signatures and corresponding addresses. B. The application contains sufficient background, information, and documentation for the board of zoning adjustment to properly assess and find: 1. That the proposed distance reduction is not contrary to the public interest or injurious to nearby properties; 2. That the proposed distance reduction will not enlarge or encourage the development of a blighting influence; and 3. That the establishment of an additional adult entertainment establishment or adult store in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal or revitalization. C. Distance separation as required in this section is measured from the closest point on a property line containing the adult entertainment establishment or adult store and the closest point on a property line containing the district or use it is to be separated from.

(Ord. 1425-01 § 10; Ord. 546-03 § 13.)