APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE XXI "C-3" ADULT ENTERTAINMENT DISTRICT

SECTION 1. INTENT AND PURPOSE OF DISTRICT.

The “C-3” Adult Entertainment District regulates adult entertainment establishments that by their nature are known to produce deleterious effects to adjacent development and serious secondary negative impacts to juveniles, especially where such uses are clustered. Special regulations of such use is therefore necessary to ensure that these and other adverse secondary effects will not impact residential neighborhoods, public and quasi-public institutions or facilities serving the youth of the community, such as churches or community centers.

SECTION 2. DISTRICT REGULATIONS.

In the C-3 District, no building shall be used, and no building shall be erected, altered, or enlarged that is arranged intended, or designed for other than adult entertainment uses as listed in Section 4 below.

SECTION 3. USE REGULATIONS.

A.    Escort agencies.

B.    Adult book and/or video stores.

C.    Adult entertainment establishments, including bars, cabarets, massage parlors, live theaters, motion picture theaters, and other sexually oriented entertainment businesses.

D.    Adult novelty stores.

SECTION 4. INTENSITY OF USE REGULATIONS.

All lots and tracts shall have not less than seven thousand (7,000) square feet in area with an average width of not less than fifty (50) feet.

SECTION 5. HEIGHT REGULATIONS.

No building in a C-3 District shall exceed thirty-five (35) feet in height, except as may be otherwise provided by these regulations.

SECTION 6. YARD REGULATIONS.

A.    Front Yard.

1.    There shall be a front yard having a depth of not less than 25 feet except as required for arterial streets and collector streets in ARTICLE XXX.

2.    Where a lot has double frontage or is a corner lot, a front yard shall be provided on both streets. No accessory buildings or structures shall project beyond the setback line of either street.

B.    Side Yard. Where a C-3 Zone abuts any residential district, a side yard of not less than 10 feet shall be provided. Such side yard shall be completely enclosed with a board fence or other acceptable enclosure which shall be not less than six (6) feet in height.

C.    Rear Yard. There shall be a rear yard having a depth of not less than 25 feet.

SECTION 7. SIGN REGULATIONS.

See Article XXV.

SECTION 8. PARKING AND LOADING REGULATIONS.

See Article XXVI.

SECTION 9. LANDSCAPING REGULATIONS.

See Article XXVII.

SECTION 10. TRAFFIC REGULATIONS. 

See Article XXVIII.

SECTION 11. USE AND LOCATION RESTRICTIONS.

A.    No adult entertainment use, escort agencies, adult bookstore, or adult novelty store shall be conducted in any manner:

i.     To allow the merchandise or activities of the establishments to be visible from any point outside of the building or structure containing such use.

ii.    That permits the observation of any material depicting, describing, or relating to sexual activities from any point outside of the building or structure containing such use.

B.    The provisions of subsections (i) and (ii) above shall apply to any display, decoration, sign, window, or other opening.

C.    No adult use as set out in Section 3 above shall be allowed within 1,000 feet of another existing adult use.

D.    No adult use as set out in Section 3 above shall be located within 1,000 feet of any zoning district that allows residential uses or within 1,000 feet of any residence.

E.    No adult use as set out in Section 3 above shall be allowed within 1,000 feet of an existing church or place of worship; daycare facility; park; educational institution; library; museum; community center; playground; swimming pool; or other public facilities such as parks and recreational facilities like ballfields, etc.

F.    For purposes of subsections C, D, and E above, measurements shall be made in a straight line, without regard to intervening buildings, structures, or objects, from the nearest point on the property line of the applicant’s adult entertaining use to the nearest point on the property line of the church, etc.

G.    No more than one such use shall be conducted within any building or structure containing an adult use.

H.    No permitted adult-oriented businesses as defined herein shall be operated between the hours of 8:00 PM and 8:00 AM.