(A) In addition to all the other limitations and provisions contained in this chapter, adult businesses shall:
(1) Not be located within 1,000 feet of any property zoned for any residential use (R1, R2, R3, R4 or R5);
(2) Not be located within 500 feet of any property permitted for use as a religious institution, or public or private school containing any grade of kindergarten through grade 12;
(3) Not be located within 500 feet of any city park; and
(4) Not be located within 500 feet of any another adult business established through a special use permit, or a pre-existing nonconforming use which is an adult business. However, more than one adult business may be located on the same parcel of property so long as it meets the other provisions of this section and the other provisions of this chapter.
(5) The applicant shall have certified all distance measurements by a land surveyor registered by the state, who shall certify that there are no residential properties, public or private schools with grade kindergarten through twelfth grade, city park, another adult business established through a special use permit, or a preexisting nonconforming use which is an adult business within the distances stated above.
(B) In addition to all other procedures listed above, the petitioner for a special use permit for an adult business shall send notice to not only the abutting property owners, but the applicant shall send notice by certified mail, return receipt requested to all property owners of property within 1,000 feet of the property requested for a special use permit for an adult business. A list of all the property owners shall be given to the Advisory Plan Commission at the time of filing the application. Should the petitioner fail to comply with the notice requirements herein, before the second regular meeting of the Board of Zoning Appeals following the date the petition is filed, the petition shall be withdrawn by the Board of Zoning Appeals.
(C) The distances provided in divisions (A) and (B) above shall be measured by following a straight line, without regard to intervening buildings, structures or other obstacles, from the nearest point of the property upon which the proposed use is to be located, to the nearest point of the property or land use district boundary line from which the proposed land use is to be separated.
(Ord. 614, passed 2-22-1999)