Sexually-oriented businesses shall only be permitted in any Sexually-Oriented Business (SOB) Zoning District provided that:
(A) The sexually oriented business may not be operated within:
(1) One thousand feet of a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2) One thousand feet of a public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education school, junior colleges and universities; school includes the school ground, but does not include facilities used primarily for another purpose and only incidentally as a school;
(3) One thousand feet of a public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/bicycle paths, wilderness areas or other similar public land within the village which is under the control, operation or management of the village park and recreation authorities;
(4) One thousand feet of a property line of a zoned lot for residential or mixed-use and devoted to a residential or mixed-use as defined in the zoning ordinance; or
(5) One thousand feet of another sexually oriented business.
(B) A sexually-oriented business may not be operated in the same building, structure or portion thereof, containing another sexually oriented business that is classified in accordance with § 154.143 Classification.
(C) All uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards. No use in existence on the effective date of this chapter shall be so altered or modified as to conflict with these standards.
(1) Vibration. No use shall cause earth vibrations or concussions detectable beyond the lot lines without the aid of instruments.
(2) Smoke, particulate matter, noxious matter. No use shall emit smoke of a density exceeding that of a normal commercial establishment. No use shall be permitted to burn any materials or chemicals other than standard heating fuels such as fuel oil, propane or natural gas, with the exception of food preparation facilities. Commercial operations which require the burning of other materials must be approved by the Area Plan Commission.
(3) Odor. No use shall emit across the lot lines odor in such quantity as to be readily detectable at any point along the lot lines and as to be detrimental to or endanger the public health, safety or welfare or cause injury to property.
(4) Sound. No use shall produce sound in such a manner as to endanger the public health, safety or welfare or cause injury to property. Sound shall be muffled so as not to become detrimental due to intermittence, beat frequency, shrillness or vibration.
(5) Heat and glare. No use shall produce heat or glare creating a hazard perceptible from any point beyond lot lines.
(6) Waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the Department of Environment Management or in such a manner as to endanger the public health, safety or welfare or cause injury to property.
(7) Junk automobiles (vehicles). Vehicles not in operating condition and parked at a commercial location more than 30 days may be removed from the property with the notification by certified mail to vehicle owner. These vehicles will be towed at owner’s expense to a holding area for 30 days and then disposed of to a legal salvage yard. Notification and removal will be under court and police supervision. A show cause hearing will not be held for these violations.
(8) Unnecessary clutter. No one shall be permitted to heap, litter or strew in a confused and disorderly manner, any materials or objects on property owned leased or rented for commercial purposes.
(9) Burning of materials. No use shall permit burning of any materials or chemicals except as fuels in approved heating or manufacturing process facilities.
(Ord. passed 9-1-2006) Penalty, see § 154.999