Sexually oriented businesses may be permitted by special exception in the GC zoning district, provided the Board of Zoning Appeals finds that the following conditions are met.
(A) Purpose. It is the purpose of this section to regulate sexually-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of Newberry County, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually-oriented businesses within the county. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials including sexually-oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.
(B) Description and Additional Regulation. For the purposes of defining and describing the types of establishments and activities regulated by this section, the description and definitions found in Chapter 111 of the Newberry County Code of Ordinances § 111.01 shall apply. All sexually-oriented businesses shall be subject to all requirements as set out in Chapter 111 in addition to regulations stipulated in this chapter.
(C) Applicability. Sexually-oriented businesses include, but are not limited to those listed in Chapter 111 and any other establishment which contains activities characterized by the performance, depiction, or description of nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas. Each sexually-oriented business is considered a separate business regardless of ownership and must meet all zoning requirements including location.
(D) Qualification and Inspections Required. Prior to the issuance of a certificate of zoning compliance required for a certificate of occupancy, the applicant must be qualified by the Sheriff's Department and pass all inspections as set forth in Chapter 111. In addition, the applicant shall submit evidence that the premises have been found to be in compliance with applicable laws administered by the Health Department, Fire Department, and Building Official.
(E) Location. Sexually-oriented businesses shall be located only in accordance with the following standards:
(1) At least 1,000 feet from any residential use, church, day-care center, retirement center, nursing care facility, hospital, public or private elementary or secondary education school, public park, public library, cemetery, or family-oriented recreation facility, including, but not limited to, a public swimming pool, a roller skating rink, or a motion picture establishment which shows G-rated or PG-rated movies to the general public on a regular basis, regardless of jurisdiction.
(2) At least 1,000 feet from any other sexually-oriented business, regardless of jurisdiction. Only 1 sexually-oriented business is permitted per structure. Each sexually-oriented business is considered a separate business regardless of ownership.
(F) Measurements of distance. Separation shall be in a straight line from the closest points of the buildings or outdoor areas in which the sexually-oriented business activity takes place to either:
(1) The closest point of the building in which the residential use, public library, motion picture establishment, or other sexually-oriented business is located; or
(2) The closest point of the property line of a church, day-care center, public or private elementary or secondary education school, public park, or cemetery.
(G) Signage and exterior decoration/design.
(1) It shall be unlawful for the owner or operator of any sexually-oriented business or any other person to erect, construct, or maintain any sign other than as provided herein.
(2) Signs and exterior decoration/design shall contain no photographs, silhouettes, drawings, titles, graphic or pictorial representations in any manner of nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas.
(3) Each sexually-oriented business must display at least 1 sign, easily discernible prior to entering the establishment, which identifies it as such by using the word adult (for example, adult bookstore, adult cabaret, adult entertainment, and the like).
(Ord. 06-11-16, passed 9-21-2016)