Controlled uses shall be subject to the following additional development standards:
(A) Spacing regulations.
(1) General. No building or lot may be used and no building may be erected, moved, structurally altered or enlarged for any controlled use, if the building or lot is located within 1,000 feet of any 2 of the following divisions (A)(1)(a) through (d); provided, however, a controlled use may be structurally altered for the purposes of constructing, enlarging, or refurbishing kitchen, food service, restroom, or indoor storage areas, if the structural alterations are performed within the existing building; and the seating capacity or patron service area is not increased:
(a) Controlled uses;
(b) Family restaurant with lounge;
(c) Any business establishment with 4 or more amusement devices; or
(d) Cabaret - family.
(2) Adult businesses. No adult business shall be located within 500 feet of any:
(a) District of any other planning and zoning jurisdiction which allows any dwelling use as a primary use;
(b) Lot being legally established for a dwelling use, religious use, school use or park use; or
(c) Any of the following districts:
1. In the Town of New Carlisle:
R1 | Single Family District |
R2 | Single Family and 2 Family District |
MF | Multifamily District |
OB | Office/Buffer District |
LB | Local Business District |
CB | Community Business District |
TC | Town Center District |
PUD | Planned Unit Development District (that does not specifically include adult businesses as permitted uses) |
2. In St. Joseph County:
A | Agricultural District |
R | Single Family District |
R-2 | Residential District |
O/B | Office/Buffer District |
O | Office District |
B | Business District |
C | Commercial District |
PUD | Planned Unit Development (that does not specifically include adult businesses as permitted uses) |
U | University District |
(3) Tattoo, body piercing, scarifying, and branding establishments. No tattoo, body piercing, scarifying, and branding establishment shall be located within 500 feet of:
(a) Any religious use; or
(b) Any public or parochial school for children in any grades from K through 12.
(4) Gun sales or gunsmith shops. No firearms or ammunition shall be sold in any gun sales or gunsmith shops within 200 feet of any:
(a) Any public or parochial school for children in any grades from K through 12;
(b) Child care center; or
(c) Child care ministry.
(B) Measurement of distance. Measurement of distance for controlled uses shall be as follows:
(1) Single use sites. All measurements shall be from the lot lines of the lot or out lot occupied by the controlled use.
(2) Integrated centers. All measurements shall be from the perimeter walls of the tenant space occupied by the controlled use.
(3) Straight line. All distance measurements shall be measured in a straight line, without regard to intervening buildings, structures, or objects.
(C) Exterior display for adult businesses. Notwithstanding any other provisions of this chapter to the contrary, all exterior displays for an adult business shall comply with the following regulations.
(1) View from right-of-way. No adult business shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to specified sexual activities or specified anatomical areas by display, decorations, sign, show window, or other opening from any public right-of-way.
(2) Number of signs. Not more than 1 business wall sign shall be permitted for an adult business and the business wall sign shall be permitted only on the front façade of the building. In addition to the 1 permitted business wall sign, an adult business may be permitted not more than 1 freestanding sign structure (i.e., a pole sign, a pylon sign, or a ground sign) if permitted by §§ 152.230 through 152.236, and any amendments thereto, and if the freestanding sign meets all of the requirements of the district in which it is located. All other sign structures shall be prohibited.
(3) Sign surface area. The sign surface area of a business wall sign for an adult business shall not exceed 16 square feet. The maximum sign surface area of a freestanding sign structure (i.e., a pole sign, a pylon sign, or a ground sign), where permitted, shall not [exceed] 48 square feet.
(4) Lighting. Signs and sign structures may be illuminated, provided, however, the illumination shall not be by way of exposed neon, exterior lighting (e.g., spot or flood lights) or any flashing or animated lights (either interior to the sign, on the exterior of the sign, or as a border to the sign).
(Ord. 1221, § 9.03(a), passed 1-26-2010)