(a) It shall be unlawful for the owner or operator of a sexually oriented business, regardless of whether or not a permit has been issued for said business under this division, to do any of the following;
(1) Advertise the presentation of any activity prohibited by any applicable state statute or local ordinance;
(2) Display or otherwise exhibit the materials and/or performances at such sexually oriented business in any advertising or any portion of the interior premises which is visible from outside the premises. This prohibition shall not extend to advertising the existence or location of such sexually oriented business.
(3) Allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner, except to the extent permitted by the provisions of this division.
(4) Erect, construct, or maintain any sign for the sexually oriented business other than as permitted by the Town of Dyer Zoning Ordinance, as amended from time to time, and as follows:
a. Signage shall not contain photographs, silhouettes, drawings or pictorial representations, in any manner, and may contain only the legal name of the sexually oriented business.
b. Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print-type, size, and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.
(5) Allow the exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:
a. The establishment is a part of a commercial multiunit center; and
b. The exterior portions of each individual unit in the commercial multiunit center, including the exterior portions of the sexually oriented business, are painted the same color as one (1) another, or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multiunit center.
(b) All off-street parking areas and premises entrances to the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1.0) footcandle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises pursuant to Section 10-168.16.
(c) Nothing contained in this section of this division shall relieve the operator(s) of a sexually oriented business from complying with the requirements of the Town of Dyer, commonly known as the Sexually Oriented Business Ordinance, as it may be amended from time to time, or any subsequently enacted Town ordinances or regulations.
(Ord. No. 2007-33, 12-27-07)