Lincoln Municipal Code Art. II Adult-Oriented Businesses

Footnotes:

--- (3) ---

Editor's note— Ord. No. 878B, § 4, adopted Jan. 22, 2013, amended Art. II, in its entirety to read as set out herein. Former Art. II pertained to sex oriented businesses and derived from Ord. 512B § 1(part), adopted in 1989.

The city council finds that adult-oriented businesses have secondary effects, such as impacts on crime levels, property values, and on nearby retail businesses and residents, which the city seeks to avoid, mitigate, or prevent while balancing First Amendment rights with respect to these types of businesses Therefore, special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to provide neutral time, place, and manner restrictions on adult-oriented businesses to prevent the concentration or clustering of these businesses in any one area.

(Ord. No. 878B, § 4, 1-22-2013)

For the purposes of this chapter, the terms are defined by Section 5.44.010.

(Ord. No. 878B, § 4, 1-22-2013)

(a) Provided that the business complies with all other regulations of this section and Chapter 5.44 of the City's Municipal Code, adult-oriented businesses shall only be located, established or operated:

(1) Within a light-industrial (L-I), light-industrial/planned development (L-I/PD) and industrial (I) districts;

(2) At least 1,200 feet away from any area zoned or used for residential purposes;

(3) At least 500 feet away from any other adult-oriented business;

(4) At least 1,000 feet away from any public or private school site (developed or designated). For the purposes of this subsection, "designated" means a parcel that is general plan designated, zoned, or that has been conditionally permitted to conduct such use;

(5) At least 1,000 feet away from any public park, or recreational area, or property zoned, planned or otherwise designated for such use by the city;

(6) At least 1,000 feet away from any site used for assembly purposes by a religious organization.

(b) Adult-oriented businesses shall not be located in any temporary or portable structures.

(c) The determination as to whether the locational provisions of Section 18.34.030 disqualify an adult-oriented business from operation shall be conducted based upon the facts in existence on the date of the filing of an adult-oriented business license application or permit renewal application.

(d) Distances required by this section shall be measured from parcel line to parcel line.

(Ord. No. 878B, § 4, 1-22-2013)

(a) Any property owner or his authorized agent may apply for a waiver of any location provisions as set forth in Section 18.34.050. The city council, after receipt of the planning commission's recommendation and a hearing, may waive any locational provision, if the following findings are made:

(1) 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;

(2) That the proposed use will not enlarge or encourage the development of a skid row area or area of intense blight;

(3) That the establishment of a regulated use in the area will not be contrary to any program of neighborhood conservation; nor, will it interfere with any program of urban renewal;

(4) That all applicable regulations of this code will be observed.

(b) The procedure for this hearing shall be the same as that provided for in Chapter 18.56 of this code for the issuance of conditional use permits.

(Ord. No. 878B, § 4, 1-22-2013)

In addition to the development standards in the underlying zoning district and in addition to other provisions of this code, the following development and operational standards apply to adult-oriented businesses:

(1) Signs. Signs, advertisements, displays, or other promotional materials showing "specific sexual activities" or men and/or women in a state of nudity or partial nudity or displaying specified anatomical areas shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult-oriented business is conducted.

(2) Noise. No loudspeakers or sound equipment shall be used by an adult-oriented business for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult-oriented business is conducted.

(3) Exterior Lighting. All exterior areas, including off-street parking areas and premises entries, of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on parking surfaces and walkways. The lighting shall be maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such a manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. Inoperable and/or broken lights shall be replaced within 72 hours.

(Ord. No. 878B, § 4, 1-22-2013)

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The city council hereby declares that it would have adopted this chapter and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.

(Ord. No. 878B, § 4, 1-22-2013)