Legal Documents of White Pine

Because of the nature and character of their operations, adult-oriented establishments can have a detrimental effect upon surrounding properties. The following standard shall apply:

1. Adult-oriented establishments shall be permitted only within the C-3, Highway Commercial zoning district, and shall not be permitted within three-hundred (300) yards of
   
   
   
   1. A church, synagogue, mosque, temple or building used primarily for religious activities;
   2. A public or private educational or child care facility, including but not limited to day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, special education schools, junior colleges, and universities and the grounds of any such facility;
   3. A boundary of any residential zoning district or the property line of a lot devoted to a residential use;
   4. A public park or recreational area that has been designated for park and recreational activities, including but not limited to a park, playground, nature trail, swimming pool, athletic field, basketball or tennis court, a soccer field, pedestrian/bicycle paths or any other similar public land which is under control, operated, or management of any government park and recreation authority.
   5. An entertainment business that is oriented primarily towards entertainment of children and families;
   6. Any packaged liquor store;
   7. A funeral home, mortuary, or crematory facility.
2. For the purpose of these conditions, measurement shall be made in a straight line, without regard to intervening structures, objects or public right-of ways, from the structure proposed for use as the premises where an adult-oriented establishment is conducted, to the nearest property line of the premises of a use listed in subsections (a)-(g). The presence of a town boundary shall be irrelevant for purposes of calculating and applying the distance requirement of this section.
3. An adult oriented establishment lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the commencement of operations of said establishment, of a use listed in subsections (a)-(g) within five hundred (500) fee of the adult-oriented establishment.
4. No adult-oriented establishment may be established or operated with five hundred (500) feet of another adult-oriented establishment. For the purpose of this subsection, the distance between any two (2) adult-oriented establishments shall be measured in a straight line, without regards to the intervening structures, objects, public right-of-ways, or municipal boundary, from the property lines in which each business is located.
5. No adult-oriented establishment may be enlarged so as to violate the provisions of this section.
6. Proposals for adult-oriented establishments shall be approved by the board of zoning appeals as a use on review in accordance with the Town of White Pine Zoning Ordinance. (as added by Ord. #2-05, Feb. 2005)