(A) General standards related to sexually oriented businesses and service oriented escort bureaus.
(1) Separation distances. No retail-only sexually oriented business (sexually oriented media store or sex shop) or service oriented escort bureau shall be located within five hundred (500) feet of any area within the zoning districts having the designation of "residential" as the district classification or within five hundred (500) feet of any parcel of land occupied by a school, religious institution, park, library, public recreation area, or day care center (considered "protected uses") in any other district.
(2) Separation distances. No sexually oriented business offering on-premise entertainment (sexually oriented motion picture theatre, cabaret or theatre) shall be located within one thousand (1,000) feet of any area within the zoning districts having the designation of "residential" as the district classification or within one thousand (1,000) feet of any parcel of land occupied by a school, religious institution, park, library, public recreation area, or day care center in any other district.
(3) Separation distances. No sexually oriented business shall be located within one thousand (1,000) feet of any other sexually oriented business or service oriented escort bureau; this restriction shall require such a separation regardless of whether it is located within the city or within the county.
(4) Single use. There shall be no more than one (1) type of sexually oriented business or service oriented escort bureau at any one (1) location.
(5) Nonconformity. No legally established and permitted sexually oriented business or service oriented escort bureau shall become nonconforming through subsequent establishment of a school, religious institution, park, library, public recreation area, or day care center (protected uses); nor shall a zoning permit for a sexually oriented business or service oriented escort bureau be denied based on the filing of a zoning permit application for a protected use after the filing of such application for a sexually oriented business.
(6) Measurement method. Where this section requires that one use be separated from another use, measurements shall be made in accordance with this subsection. For a use which is the only use or the principal use on a lot or parcel, the measurement shall be made from property line to property line from a point nearest to the use for which the measurement is being made. If the use is located in a multi-tenant building, then the distance shall be measured from the portion of the building of the leasehold or other space actually controlled or occupied that is nearest to the use for which the measurement is being made. Measurements between properties or spaces under this section shall be made by the shortest distance between the two properties and/or spaces.
(B) Standards for parking. An off-street parking plan shall be submitted as a part of the application for a zoning permit. All off-street parking shall be in accordance with Article XI with specific standards related as follows:
(1) A sexually oriented media store, sex shop or service oriented escort bureau: five and a half (5 1/2) spaces per one thousand (1,000) square feet of gross public floor area.
(2) A sexually oriented cabaret or theatre: one (1) parking space for each one hundred (100) square feet of floor area used for dancing or assembly, or one (1) space for each four (4) persons based on design capacity, whichever is greater, plus one (1) space for each two (2) employees on shift of largest employment.
(3) A sexually oriented motion picture theatre: one (1) parking space for each four (4) seats based on a maximum seating capacity, plus additional space for each two (2) employees on shift of largest employment.
(C) Standards for exterior lighting and signage. An exterior lighting and signage plan shall be submitted with the application for a zoning permit. The required lighting shall be as follows:
(1) Exterior lighting of the entries and private parking areas shall be a minimum of fifteen (15) footcandles as measured three (3) feet from the ground or paving.
(2) For a business on a single lot or parcel, no lighting shall illuminate any property not in control of the business by more than five (5) footcandles as measured at the nearest adjacent property.
(3) All signage shall be in accordance with Chapter 155.
(Ord. 2006-O-09, passed 6-5-06)