Chapter 17.70
ADULT ENTERTAINMENT FACILITIES
Sections:
17.70.010 Scope of restrictions.
17.70.020 Separation requirements.
17.70.040 Nonconforming adult entertainment facilities.
17.70.010 Scope of restrictions.
All adult entertainment facilities shall comply with the requirements of this chapter, in addition to the general zoning and development regulations set forth in this title. The purpose and intent of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the city. The standards established in this chapter apply to all adult entertainment facilities and include, but are not limited to, the following: adult arcades, adult cabarets, adult motels, adult motion picture theaters, and adult retail stores. The standards established in this chapter shall not be construed to restrict or prohibit the following activities or products: (A) plays, operas, musicals, or other dramatic works that are not obscene; (B) classes, seminars, or lectures which are held for a serious scientific or educational purpose that are not obscene; and (C) exhibitions, performances, expressions, or dances that are not obscene. (Ord. 663 § 1 (Exh. A) (part), 2016)
17.70.020 Separation requirements.
Adult entertainment facilities are prohibited in all zoning districts except the TRC district. Adult entertainment facilities shall be permitted in this district as set forth in Section 17.52.020, Use chart, only if the following separation requirements are met:
A. No adult entertainment facility shall be located closer than five hundred feet to any other adult entertainment facility whether or not such adult entertainment facility is located within or outside the city limits.
B. No adult entertainment facility shall be located closer than five hundred feet to any residential zoning district whether or not such zoning district is located within or outside the city limits.
C. No adult entertainment facility shall be located closer than five hundred feet to any of the following uses whether or not such use is located within or outside the city limits:
1. Any public park;
2. Any public library;
3. Any public or private nursery school or preschool;
4. Any public or private primary or secondary school;
5. Any day care;
6. Any community youth center; and
7. Any place of worship.
D. Measurement. The five-hundred-foot buffers required by this section shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment facility to:
1. The nearest point on the boundary line of a residential zoning district;
2. The nearest point on the property line of a public park; or
3. The nearest point on the property line of the lot containing an adult entertainment facility, a public library, public or private nursery school or preschool, public or private primary or secondary school, day care, community youth center, or place of worship. (Ord. 663 § 1 (Exh. A) (part), 2016)
17.70.030 Variances.
Whenever the applicant for an adult entertainment facility believes that the separation requirements set forth in Section 17.70.020 are not necessary to achieve an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in Sections 17.70.020(B) and (C), the applicant shall have the right to apply for a variance from the separation requirements subject to the procedures set forth in Chapter 17.64, Conditional Use Permits, and Chapter 17.88, Variances, and upon payment of the applicable fee for a variance application. In determining whether a variance should be granted, the city council shall consider the following criteria in addition to the variance criteria set forth in Chapter 17.88:
A. The extent to which any physical features would result in an effective separation between the proposed adult entertainment facility and any zoning districts or uses identified in Sections 17.70.020(B) and (C) in terms of visibility and access;
B. The extent to which the proposed adult entertainment facility complies with the goals and policies of the Bridgeport Municipal Code;
C. The extent to which the proposed adult entertainment facility is compatible with adjacent and surrounding land uses;
D. The availability or lack of alternative locations for the proposed adult entertainment facility;
E. The extent to which the proposed adult entertainment facility can be avoided by alternative vehicular and pedestrian routes; and
F. The extent to which the applicant can minimize the adverse secondary effects associated with the proposed adult entertainment facility.
If, after considering these criteria and the variance criteria set forth in Chapter 17.88 (Variances), the city council finds that an effective degree of physical separation between the proposed adult entertainment facility and the zoning districts and uses identified in Sections 17.70.020(B) and (C) can be achieved without requiring the full distance of separation provided by Section 17.70.020, the city council shall determine the degree of variance to be allowed and shall grant the variance. Otherwise, the variance application shall be denied. (Ord. 663 § 1 (Exh. A) (part), 2016)
17.70.040 Nonconforming adult entertainment facilities.
An adult entertainment facility shall be deemed a nonconforming use and shall be subject to the requirements of Chapter 17.80 (Nonconforming Uses and Structures) if a zoning district or use identified in Sections 17.70.020(B) and (C) locates within five hundred feet of such adult entertainment facility after the date that such adult entertainment facility has located within the city in accordance with the requirements of this chapter. (Ord. 663 § 1 (Exh. A) (part), 2016)