§ 971.07. Adult entertainment.

(1)

Adult entertainment businesses (special exception).

(a)

Districts requiring special exception approval,(pursuant to the provisions of 971.05) : IL IG.

(b)

Additional information requirements:

1.

A site plan meeting all requirements of Chapter 914 which shows the zoning and use of all properties within one thousand (1,000) feet of the site;

2.

Written verification of compliance with all applicable state and local ordinances shall be provided;

3.

Written verification from the property owner that the property may be used for operation of an adult entertainment business.

(c)

Criteria for adult entertainment businesses:

1.

The site shall be located a minimum of one thousand (1,000) feet from other adult businesses, residential uses or zones, places of worship, secondary or primary schools, parks or playgrounds, or any areas where large numbers of minors regularly travel or congregate. This required separation distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of such place of business to the main entrance of the church and, in the case of a school, park or playground, or area where large groups of minors regularly congregate, to the nearest point of the school ground, park or playground, or area where large groups of minors regularly congregate, except:

a.

Where such established church, school, park or playground or area where large groups of minors regularly congregate is within the limits of an incorporated city or town and the applicant for such license is outside such incorporated city or town, then and in that event, the place of business in the county must be the same or greater distance from such church or school as is required by the ordinance of the incorporated city or town wherein such church or school is located, if the city or town has separation distance requirements which exceed Indian River County's requirements;

b.

Where a church, school, park or playground or area where large groups of minors regularly congregate is established after the establishment of a place of business, the subsequently established church or school shall not affect the location of the place of business nor shall it affect a subsequent renewal or transfer of any license of such a vendor;

c.

Where such established church, school, park or playground, or area where large groups of minors regularly congregate is located in the county outside the limits of any incorporated city or town but so near the limits of one that under the ordinances of that city or town such a vendor in such city or town could receive a license within a distance less than stipulated by this section of such church or school, then and in that event, the place of business in this county outside any city or town may be the same or greater distance from such church or school as any such business duly licensed or approved for operation within such city or town.

(d)

Variance from separation distances:

1.

The minimum one thousand-foot separation distance as described above may be reduced to five hundred (500) feet by the board of county commissioners provided that:

a.

A petition requesting waiver of the minimum separation distance requirement is received and verified by the community development department signed by fifty-one (51) percent of those persons owning, residing, or operating a business within a one thousand-foot radius of the proposed location;

b.

The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this ordinance will be observed;

c.

That the proposed use will not adversely impact the adjacent uses with respect to traffic, noise, lighting, or other characteristics; and

d.

That all other applicable regulations of this ordinance will be observed.

(Ord. No. 90-16, § 1, 9-11-90)