The city zoning ordinance hereby requires that sexually oriented businesses shall be permitted only in industrial light (IR-1) zoning as provided in section 2-7-3 of this chapter. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in section 2-7-8 of this chapter. In addition, any sexually oriented business shall be subject to the following restrictions:
A. Operational Requirements: A person commits a misdemeanor, if he operates or causes to be operated a sexually oriented business except as provided in section 2-7-3 of this chapter.
B. Distance Restrictions: A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand feet (1,000') of: a) any religious institution; b) any school; c) the boundary of any residential district; d) a public park adjacent to any residential district; e) a property line of a lot devoted to residential use; or f) a boys' club, girls' club, or similar existing youth organization.
C. Similar Businesses; Distance Restrictions: A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand feet (1,000') of another such business, which will include, any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or any sexual encounter establishment.
D. Number Permitted In Building; Enlargement: A person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof, or causes the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
E. Defense To Prosecution; Modeling: It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated:
1. By a proprietary school, licensed by the state; a college, junior college, or university supported entirely or partly by taxation;
2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
3. In a structure:
a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
b. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
c. Where no more than one nude model is on the premises at any one time.
F. Quota For Sexually Oriented Businesses: One sexually oriented business will be permitted for each twenty five thousand (25,000) in population as determined by the United States census. A second license will be available for application after the census population of the city has been determined to be at least twenty five thousand (25,000) persons. (Ord. 305, 11-23-2004)