Chapter 16-84
ADULT BUSINESSES

Sections:

16-84-010    Purpose.

16-84-020    Application for a special use permit.

16-84-030    Locational provisions.

16-84-040    Location waiver.

16-84-010 Purpose.

The purpose of the adult business legislation is to recognize that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon adjacent areas. The intent of this legislation is to provide special regulation of adult businesses to insure that their adverse effect will not contribute to the blighting or downgrading of surrounding neighborhoods. (Ord. 2286 § 26.0, 1982)

16-84-020 Application for a special use permit.

All adult book stores, adult motion picture theaters, adult mini motion picture theaters, adult entertainment cabarets, massage schools and massage parlors must obtain a special use permit from the city council before locating in Harvey. Any special use permit can be revoked by the city council after a public hearing with due notice. This revocation must be based on the finding that the operation is not being carried on as presented in the special use permit application or that the special use is detrimental to the surrounding neighborhoods. All special use permits granted by the city council run with the operator of such business, unless a building is constructed solely for the purpose of the special use, in which case the special use permit runs with the building unless revoked. (Ord. 2286 § 26.1, 1982)

16-84-030 Locational provisions.

Any adult book store, adult motion picture theater, adult mini motion picture theater, adult entertainment cabaret, massage school or massage parlor may be located in the HC highway commercial and LM light manufacturing districts. The location of an adult business shall be at least one thousand (1,000) feet in radius from other such uses, at least one thousand (1,000) feet from the nearest property line of any land in any residential district, or any public, private parochial school, library, park, playground or other recreational facility, whether commercial, or nonprofit, in any other district, and at least one thousand (1,000) feet from the nearest property line of any church or similar place of worship. (Ord. 2286 § 26.2, 1982)

16-84-040 Location waiver.

The city council may waive this location provisions for adult book stores, adult motion pictures, adult mini motion pictures, adult entertainment cabarets, massage school and massage parlor, if the following findings are made:

A.    That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;

B.    That the proposed use will not enlarge or encourage the development of a “skid row” area;

C.    That the establishment of an additional adult business in the area will not be contrary to any program of neighborhood construction nor will it interfere with any program of urban renewal;

D.    That all other applicable regulations of this title will be observed. (Ord. 2286 § 26.3, 1982)