(a) Sexually Oriented Businesses may be located only in a C1 Office, C2 Retail, and C3 General Business Districts as a permitted use pursuant to Section 1129.02 and in accordance with the restrictions contained in subsections (b) through (i) below.
(b) No Sexually Oriented Businesses may be established or operated within 500 feet of:
(1) A church, synagogue, mosque, temple or other building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility that serves persons younger than eighteen (18) years of age, including but not limited to 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 schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(4) Any private property containing a community/recreation center including the YMCA that regularly serves persons younger than eighteen (18) years of age;
(5) 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, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the
City which is under the control, operation, or management of the City, the Board of Education, or another public entity;
(6) A public library or museum that regularly serves persons younger than eighteen (18) years of age.
(c) No Sexually Oriented Businesses may be established or operated on any lot within 200 feet of the centerline of the following designated economic development areas and major thoroughfares: West 117th Street, Bunts Road, Detroit Avenue, McKinley Avenue/Larchmont Avenue, Warren Road, the intersection of Lark Street and Madison Avenue east to West 117th Street, and all commercially zoned parcels located between Fry Avenue and West 117th Street north of Detroit Avenue and all commercially zoned parcels located between Newman Avenue and West 117th Street north of Madison Avenue, known as the Berea Road/West 117th Street Study Area; and, the intersection of Arthur Avenue and Madison Avenue west to the intersection of Wagar Avenue and Madison Avenue including Hilliard Road from Carabel Avenue west to Eldred Avenue, known as the Hilliard Triangle.
(d) No Adult Cabaret, as defined in Section 1163.02 of this Chapter, may be established or operated within 200 feet of:
(1) A boundary of a residential district as defined in the
Code;
(2) Any structure that contains a permitted or conditionally permitted residential use or a lawful non-conforming residential use as defined in the
Code.
(e) No Sexually Oriented Business may be established, operated or enlarged within 500 feet of another Sexually Oriented Business .
(f) Not more than one (1) Sexually Oriented Business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any Sexually Oriented Business in any building, structure, or portion thereof containing another Sexually Oriented Business may not be increased.
(g) For the purpose of subsections (b) and (d) of this Section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a Sexually Oriented Business is conducted, to the nearest property line of the premises of a use listed in Sections 1163.04(b)(1) through (6) and 1163.04(d)(1) and (2) following the routes of property lines along public rights-of-way (to approximate pedestrian distances).
(h) For the purpose of subsection (c) of this Section, measurement shall be made in a straight line from the centerline of the street to the nearest portion of any zoning lot.
(i) For purposes of subsection (e) of this Section, the distance between any two (2) Sexually Oriented Business shall be measured from the closest exterior wall of the structure in which each business is located, following the routes of property lines along public rights-of-way (to approximate pedestrian distances).
(Ord. 25-01. Passed 9-2-2001.)