Abilene Land Development Code
Chapter 2: Zoning Regulations
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Section 2.4.3.4 Adult Entertainment Enterprises
(a) All structures housing adult entertainment enterprises (as defined in Chapter 5 of this LDC) shall be located as follows:
(1) At least six hundred feet (600′) from the property boundary line of any lot in a College-University zoning district;
(2) At least six hundred feet (600′) from the property boundary line of any residentially zoned lot or any lot used for church, park, or hospital purposes;
(3) At least six hundred feet (600′) north of North 1st Street and at least six hundred feet (600′) south of South 1st Street and cannot be located on or between North 1st Street and South 1st Street;
(4) At least one thousand feet (1,000′) of another structure housing an adult entertainment enterprise; and
(5) At least two thousand feet (2,000′) from any lot used for school purposes.
Said measurements are to be in a straight line in all directions from the structure housing the adult entertainment enterprise to the nearest property line on any lot in the College-University zoning district, any residentially zoned district, or any lot used for church, school, or hospital purposes, or any park, North and South 1st Streets, and any structure housing an adult entertainment enterprise.
(b) The measurements for a structure shall be taken from the furthest point that a structure extends in any direction, including overhanging roofs and all other projections or portions of said structure.
(c) Should said adult entertainment enterprise be located in conjunction with other buildings in a manner where said adult entertainment enterprise is clearly separated from other portions of the structure, (for example, an adult bookstore in a shopping center) the adult entertainment enterprise structure’s measurements shall be taken from the boundaries of the space in which the adult bookstore is housed or confined (not the entire shopping center, motel, or structure).
(d) Should said adult entertainment enterprise be located in conjunction with other buildings in a manner where said adult entertainment enterprise is situated above the ground level of a multi-story structure and is clearly separate from other activities within the structure (for example, an adult bookstore on an upper level of an office tower or hotel), the adult entertainment enterprise measurements shall be taken from the entry to that portion of the structure housing the adult bookstore, thence to the nearest point of egress (elevator or stairs), thence to the nearest ground floor exit, thence in a straight line to the nearest point on any lot in a residential district or a College-University district, or any lot or tract used for church, school, hospital or park purposes, North and South 1st Streets and any structure housing an adult entertainment enterprise.
(e) Each applicant for an adult entertainment enterprise must submit a Site Plan setting out the dimension and locations for such adult entertainment enterprise. The applicant shall sign a certified and notarized statement attached to the Site Plan that the proposed adult entertainment enterprise complies with the requirements set forth hereinabove. It shall be the duty of the applicant to prepare the Site Plan and to assure compliance with the distance requirements.
(f) Adult Viewing Booth Design.
(1) Adult viewing booths and arcades [shall] be constructed according to this section. The interior of an adult arcade and/or viewing booth shall be configured in such a manner that there is an unobstructed view of every interior area of the adult arcade and/or viewing booth to which any patron is permitted access for any purpose. This unobstructed view shall be from the manager’s station directly into the viewing booth. In the event there is more than one manager’s station, then at any of the manager’s stations there shall be at least one unobstructed view to any interior area of the viewing booth or arcade. The view required in this section must be in direct line of sight from the manager’s station.
(2) It shall be the duty of the owner and operator of such arcade or viewing booth, and it shall also be the duty of any agents and employees present in an arcade or viewing booth to ensure that the view area specified in this Subsection (a) [Subsection (1)] above remains unobstructed by any merchandise, display racks, or other materials at all times that any patron is present in the adult arcade and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the plan filed pursuant to this section.
(g) Lighting.
(1) Each adult arcade and viewing booth shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination so that any patron may be observed from the manager’s station.
(2) It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present in an adult arcade and viewing booth to ensure that the illumination described above is maintained at all times that any patron is present in the adult arcade and viewing booths.
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