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(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.)
(a) Parking for a Sexually Oriented Business shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights-of-way across from residentially zoned and/or used property shall provide continuous screening and shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved by the Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored, if necessary, pursuant to Chapter 1141.
(b) Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas.
(c) All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.
(d) All exterior site and building lighting, which shall be provided, is approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential.
(e) Any Sexually Oriented Business adjacent to a residential district and/or use shall contain a minimum six (6) foot high solid fence along such abutting property lines and be approved by the Architectural Board of Review pursuant to Chapter 1325.
(f) Delivery trucks shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Ordinances.
(g) Loading, unloading, trash removal, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Ordinances.
(h) Lot area and frontage regulations pursuant to Section 1129.05.
(i) Minimum yard requirements for principal uses pursuant to Section 1129.06.
(j) Height regulations pursuant to Section 1129.07.
(Ord. 25-01. Passed 7-2-2001.)
(c) All signs for a Sexually Oriented Business shall be maintained in accordance with Section 1329.13 of the Building Code and may be ordered to be removed in accordance with the provisions of that Section.
(d) No merchandise or pictures of the products or entertainment on the premises of a Sexually Oriented Business shall be displayed on signs, in window areas or any area where they can be viewed from the sidewalk or street in front of the building.
(e) Window areas of a Sexually Oriented Business shall not be covered or made opaque in any way. No signs shall be placed in any window. A one (1) square foot sign shall be placed on the door to state hours of operation and admittance to adults only.
(Ord. 25-01. Passed 7-2-2001.)