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2005/06/15 Council Agenda Packet
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2005/06/15 Council Agenda Packet
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Council Agenda Packet
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6/15/2005
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C. SPECIAL REGULATIONS. <br />In a C-2 zone, where the adult entertainment businesses regulated by this <br />Part would otherwise be permitted, it shall be unlawful to establish any <br />such entertainment business without the benefit of the hearing body <br />approving a Conditional Use Permit and if the location is: <br />Within two hundred (200) feet of any area zoned for residential use <br />or within two hundred (200) feet of any building owned and occupied <br />by a public agency; <br />2. Within one thousand (1,000) feet of any other "adult entertainment" <br />business; <br />3. Within one thousand (1,000) feet of any school facility, public or <br />private, grades K -through 12; park; playground; public libraries; <br />licensed day care facilities; church and accessory uses. <br />The "establishment" of any "adult entertainment" business shall include <br />the opening of such a business as a new business, the relocation of such <br />business or the conversion of an existing business location to any "adult <br />entertainment" business uses. <br />For the purposes of this Section, all distances shall be measured in a <br />straight line, without regard to intervening structures or objects, from <br />the nearest point of the building or structure used as a part of the <br />premises where said adult entertainment business is conducted to the <br />nearest property line of any lot or premises zoned for residential use, <br />or to the nearest property line of any lot or premises of a church or <br />educational institution utilized by minors or to the nearest point of any <br />building or structure used as a part of the premises of any other adult <br />entertainment business. <br />D. VARIANCE OF LOCATIONAL PROVISIONS. <br />Any property owner or his authorized agent may apply to the hearing body <br />for a variance of any locational provisions contained in this Section. <br />The hearing body, after a hearing, may grant a variance to any locational <br />provision, if the following findings are made: <br />1. That the proposed use will not be contrary to the public <br />interest or injurious to nearby properties, and that the spirit <br />and intent of this Section will be observed; <br />2. That the proposed use will not unreasonably interfere with the <br />use and enjoyment of neighboring property or cause or <br />exacerbate the develoPment of urban blight; <br />3. That thA establishment of an additional regulated use in the <br />area will not be contrary to any progran of neighborhood <br />conservation or revitalization nor will it interfere with any <br />program being carried out pursuant to the Community <br />deV�lonment !dw; ;�a <br />488-5,T/1997A ( 33 ) <br />EVER00429 <br />
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