(A) All structures housing sexually-oriented businesses, as defined in § 111.01 of this chapter, shall be located as follows:
(1) At least 1,000 feet from the property boundary line of any residential lot or any lot used for church, park, hospital or healthcare purposes;
(2) At least 1,000 feet from another structure housing a sexually-oriented business; and
(3) At least 1,000 feet from any lot used for school purposes.
(B) Said measurements are to be in a straight line in all directions from the structure housing the sexually-oriented business to the nearest property line on any lot in any residential area, or any lot used for church, school, hospital or healthcare purposes, or any park, and any structure housing an adult entertainment enterprise.
(C) 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.
(D) Should said sexually-oriented business be located in conjunction with other buildings in a manner where said adult entertainment enterprise is clearly separated from other portions of the structure (e.g., 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).
(E) Should said sexually-oriented business be located in conjunction with other buildings in a manner where said sexually-oriented business is situated above the ground level of a multi-story structure and is clearly separate from other activities within the structure (e.g., an adult bookstore on an upper level of an office tower or hotel), the sexually-oriented business measurements shall be taken from the entry to that portion of the structure housing the sexually-oriented business, 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 any lot or tract used for church, school, hospital or park purposes, and any structure housing a sexually-oriented business.
(F) Each applicant for a sexually-oriented business must submit a site plan to the City Secretary setting out the dimensions and locations for such business. The applicant shall sign a certified and notarized statement attached to the site plan that the proposed sexually-oriented business complies with the requirements set forth herein above. It shall be the duty of the applicant to prepare the site plan and to assure compliance with the distance requirements.
(Ord. 12809, passed 12-8-2009)