§ 10.5-109. Location of adult uses.

(a)

No adult use establishment, including an adult bookstore operating only as an adult bookstore, may be located within five hundred (500) feet of any property designated a standard residential district as provided by the Polk County Land Development Code, or property which has final approval as a planned development, which has land use designations comparable to those listed above; nor within two thousand five hundred (2,500) feet of any church, school, child care facility, or public recreation area.

(b)

No adult use business establishment may be located within two thousand five hundred (2,500) feet of any other adult use.

(c)

The distance requirements under subsections (a) and (b) above shall be measured along a straight line from the nearest listed standard residential district or the nearest property line of the church, school, child care facility, public recreation area, or adult use to the closest property line of the adult use. In a multi-tenant or multi-user building, such as a shopping center, said distance requirement shall be measured from the unit or closest portion of the building or structure utilized by and containing or being utilized by any facet of the adult use establishment.

(d)

Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this division or the Polk County Land Development Code. Additionally, nothing in this division shall be construed to authorize, allow, or permit the establishment of any business, the performance of any activity, or the possession of any item which is obscene under the judicially established definition of obscenity.

(Ord. No. 92-25, § 20, 9-1-92; Ord. No. 01-05, § I, 2-13-01)