(A) Sexually oriented businesses shall not be issued a special resolution license. It shall be unlawful to operate a sexually oriented business except in the areas designated as mixed use by the town land use map as General Commercial, Light Industrial and Mix Use. See map attached to the ordinance from which this section is derived for these areas with hatch markings.
(B) It shall be unlawful to establish, operate or cause to be operated a sexually oriented business in the town, unless said sexually oriented business is at least:
(1) Five hundred feet from any parcel occupied by another sexually oriented business or by a business licensed by the state to sell alcohol at the premises; and
(2) Five hundred feet from any parcel occupied by any church, public or private elementary or secondary school, daycare center or preschool, occupied residential home or any public park.
(C) For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the nearest portion of any building or structure on the premises where the sexually oriented business is located to the closest property line of the property containing the church, public or private elementary or secondary school, daycare center or preschool, occupied residential home or any public park.
(D) Notwithstanding anything to the contrary in any town ordinance, a nonconforming sexually oriented business, lawfully existing in all respects under law prior to the effective date of this chapter, may continue to operate for one year following that date in order to make a reasonable recoupment of its investment in its current location. At the conclusion of said one year, the use will no longer be recognized as a lawful nonconforming use; provided, that a nonconforming sexually oriented business may apply for one or more six-month extensions of the original one-year period upon a showing of financial hardship. An application for an initial extension based upon a showing of financial hardship (“hardship exception”) shall be made at least 60 days before the conclusion of the aforementioned one- year period. If a hardship extension is granted, subsequent applications for hardship extensions shall be made at least 60 days before the conclusion of the nonconforming sexually oriented business’s current extension period.
(E) Procedure for seeking hardship extension: an application for a hardship extension shall be filed in writing with the Town Council, and shall include evidence of purchase and improvement costs, income earned and lost, depreciation and costs of relocation. Within ten days after receiving the application, the Town Council shall schedule a public hearing on the application before the Town Council which public hearing shall be conducted within 30 days after the Town Council’s receipt of the application. Notice of the time and place of such public hearing shall be published at least ten days before the hearing in a newspaper of general circulation published within the town, and shall contain the particular location for which the hardship extension is requested. The Town Council shall issue a written decision within ten days after the public hearing on the application for a hardship extension. The hardship extension shall be granted upon a showing that the nonconforming sexually oriented business is unable, absent the extension, to make a reasonable recoupment of its investment in its currently lawful, nonconforming use location.
(Ord. 2011-TO-019, passed 7-18-2011) Penalty, see § 114.99