(A) Intent. There are some uses that because of their very nature are recognized as having serious objectionable operational characteristics, particularly when several of them are grouped. Such uses may have deleterious effects upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse affects will not contribute to blighting or downgrade the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area or next to residential zones or certain institutional uses.
(B) Distance restrictions.
(1) Sexually oriented businesses or adult media stores shall not be permitted to be established within 1,000 feet of each other. This distance shall be measured from the property lot line of one sexually oriented business or adult media store to the property lot line of the other sexually oriented business or adult media store.
(2) It shall be unlawful to hereafter establish any sexually oriented business or adult media store, as defined, within 1,500 feet of any agriculturally or residentially zoned property or within 1,500 feet of any religious or educational institution, library, day care center, public park or recreational land use. This distance shall be measured from the property lot line of the sexually oriented business to the property lot line of the agriculturally or residentially zoned property or the property lot line of any religious or educational institution, public park or recreational land use.
(C) Signs and public or exterior display.
(1) Window displays, signs, decorative or structural elements of buildings shall not include or convey specific examples of actual adult uses, and are limited to the sign provisions of this chapter.
(2) No sexually oriented business or adult media store shall be conducted in any manner that permits the observation of any material depicting, describing or relating to “specific sexual activities”, “specified anatomical areas” or “sexually oriented toys or novelties” (as defined in this chapter) from any public way or from any property not licensed as a sexually oriented business or adult media store. This provision shall apply to any display, decoration, sign, show window, structural elements or other opening.
(D) Precautionary note to the Zoning Board of Appeals. When considering any appeal from a sexually oriented business or adult media store for reduction of spacing or separation standards established herein, the Zoning Board of Appeals shall address each of the following issues and include the findings regarding each point in their minutes.
(1) Chapter intent. The proposed use shall not be contrary to the intent and purpose of this chapter, or injurious to nearby properties.
(2) Blighting influence. The proposed use shall not enlarge or encourage the development of a concentration of such uses or blighting influences.
(3) Neighborhood conservation. The proposed use shall not be contrary to any program of neighborhood conservation, revitalization or urban renewal.
(4) Other standards. The proposed use, and its principal building, shall comply with all other regulations and standards of this chapter.
(Ord. passed 11-2-2005)