§ 3-004. Adult entertainment establishment.

(a)

Finding. The Board of Commissioners of Jackson County finds that adult entertainment establishments shall not be allowed within any zoning district other than LI (Light Industrial), GI (General Industrial) and HI (Heavy Industrial), and then only with special use approval.

(b)

Location restrictions. No adult entertainment establishment shall be located within 1,000 feet of: any residence; any church or place of worship, school, government-owned or operated building, library, civic center, public park, hospital, community club, or prison; another adult entertainment establishment; or an establishment selling alcoholic beverages. For purposes of this section, distance shall be by airline measurement from property line, using the closest points on the property lines of the parcels of land involved. The term "parcel of land" means any quantity of land capable of being described by location and boundary, designated and used or to be used as a unit.

(c)

Additional special use criteria to consider. In addition to criteria applicable for decision making with regard to special uses generally, as provided in article 13 of this UDC, the Board of Commissioners of Jackson County shall consider the following criteria prior to making a decision on a special use application for an adult entertainment establishment:

1.

Whether there is evidence that, even though there is compliance with the minimum distance requirements required by this section, the type and number of schools or number of churches or other facilities in the vicinity causes minors to frequent the immediate area;

2.

Whether there is evidence that the location or type of structure would create difficulty in law enforcement, including but not limited to answering complaints or making extra surveillance of the premises;

3.

Whether there is evidence that a special use or a license for the location would be detrimental to the property values in the area;

4.

Whether there is evidence that a special use or license in that location would be detrimental to traffic conditions or that there is a lack of sufficient parking spaces for automobiles. In addition to compliance with any other parking space requirements of this UDC, a licensee shall have sufficient parking on the premises so as to provide parking for his customers and so as to prevent parking on the streets or adjoining property;

5.

Whether there is evidence that alcoholic beverages have been sold to intoxicated persons or to a minor; and

6.

Whether there is evidence that the conduct of the business has violated the law or this section, will create a disturbance, congregation of intoxicated or unruly persons, alcoholic beverages illegally on the premises, or that illegal activities have occurred on or in connection with the premises or business.

(Ord. No. 17-003 , § 1, 10-2-2017)