(a) Sexually oriented businesses may be established, operated, or enlarged in the City only as permitted in Chapter 1153, “Schedule of District Regulations”, subject to the further locational requirements set forth herein in subsection (i) hereof, and upon the issuance of a conditional use permit by the Planning Commission in accordance with the requirements of this Chapter.
(2) Notwithstanding any provisions of Section 1135.04 to the contrary, the Planning Commission shall issue a conditional use permit for a sexually oriented business pursuant to Section 1135.04(a)(6) if the sexually oriented business will be in compliance with all of the requirements of this Chapter.
(3) Public hearing on the application for a conditional use permit shall be conducted by the Planning Commission at its next regularly scheduled meeting, provided however that the application both complies with the requirements of Section 1135.02 and has been filed in advance of the promulgated deadline for inclusion on the Commission’s next regular meeting agenda. The Planning Commission shall act so as to approve or deny the application at that meeting and may not table the application unless such a request is made by the applicant. The failure of the Planning Commission to so act on the application shall be deemed acceptance of the application and a conditional use permit shall issue forthwith to the applicant. The Planning Commission shall confine its inquiry and deliberations concerning the issuance of conditional use permit solely to whether the proposal meets the requirements set forth in this Chapter.
(4) Notwithstanding the later adoption of the minutes of the Planning Commission’s meeting, its decision concerning the issuance of a conditional use permit for a sexually oriented business shall be immediately appealable pursuant to Section 2506.05, et seq., of the Revised Code.
(b) Nothing contained herein shall be interpreted to modify in any manner other applicable Code, state, and/or federal laws and regulations of a general nature except to the extent they are clearly in conflict with the provisions of this Chapter.
(c) No sexually oriented business may be established, operated, or enlarged within one thousand (1,000) 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 including but not necessarily limited to nursery schools, child day care centers, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, athletic training schools, junior colleges, colleges and universities; school includes the school grounds, but does not include facilities used primarily for another purpose;
(3) 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, wilderness areas, or similar public land within the City which is under the control, operation, or management of either the City park and recreation authorities or which is controlled, operated or managed by any such like county, state, or federal agencies.
(d) No sexually oriented business may be established, operated, or enlarged within one thousand (1,000) feet of:
(1) A boundary of a residential district as defined in the Zoning Code and depicted on the official Zoning Maps;
(2) A structure that constitutes a lawful non-conforming residential use as defined in the Zoning Code.
(e) No sexually oriented business may be established, operated or enlarged within one thousand five hundred (1,500) feet of another sexually oriented business.
(f) Not more than one 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 (c) and (d) hereof, measurement shall be made in a straight line, without regard to intervening structures or objects, 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 subsections (c) and (d) hereof. In the event the sexually oriented business is located in an enclosed multi-tenant building with common entrances, then the measurement shall be made from the nearest interior wall defining the space in which the sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsections (c) and (d) hereof.
(h) For purposes of subsection (e) hereof, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(i) Notwithstanding any provisions of Chapter 1153 to the contrary, no sexually oriented business may be established, operated or enlarged in any of the following areas:
(1) South of the centerline of the U.S. Route 20 right-of-way; and
(2) Upon permanent parcel no. 16-B-065-0-00-007-0 nor upon any parcels bordering the Diamond Center Drive and Emerald Court right-of-ways.
(3) The planned extension and/or construction of Progress Parkway and Ruby Lane.
(j) Any person who operates, causes to be operated, or participates in the operation of a sexually oriented business in violation of subsections (a), (c), (d), (e), (f) or (i) hereof is guilty of a misdemeanor of the first degree.
(Ord. 08-0-52. Passed 6-3-08.)