(a) No sexually oriented business shall be established within 400 feet of any area zoned as a residential district.
(b) No sexually oriented business shall be established within a radius of 500 feet of any nursery school, kindergarten, day care, compulsory school or library, whether public or private, governmental, religious or commercial, which nursery school, kindergarten, day care, compulsory school or library is attended by persons under 18 years of age.
(c) No sexually oriented business shall be established within a 500-foot radius of any public park or public recreational facility.
(d) No sexually oriented business shall be established within a radius of 1,000 feet of any other sexually oriented business or a 1,000-foot radius of any two of the following establishments:
(1) Establishments for the sale of beer or intoxicating liquor for consumption on the premises.
(2) Pawn shops.
(3) Pool or billiard halls.
(4) Pinball palaces, halls, or arcades.
(5) Dance halls or discotheques.
(e) No sexually oriented business shall be established within 500 feet of any church.
(f) Advertisements, displays or other promotional materials posted or displayed at a sexually oriented business shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from any other public area.
(g) All building openings, entries, doorways, windows, and the like, at any sexually oriented business shall be located, covered, or screened in such a manner as to prevent any view into the interior of any such sexually oriented business from the exterior of the structure or any public area.
(h) No screens, loudspeakers or sound equipment shall be used by a sexually oriented business that can be seen or discerned by the public from any public area.
(i) Site plan approval required. A site plan shall be submitted to the Planning Board for Approval. Such site plan shall be drawn to scale and shall graphically demonstrate compliance with the location requirements set forth herein, and compliance with all setback, landscaping, screening, parking, loading, signage, yard, and structural requirements of the I-1, Light Industrial Zone. The Planning Board shall grant approval or denial of the site plan based only on the nondiscretionary technical requirements set forth in Sections 1272.08 through 1272.13. The Planning Board shall render its decision on whether to approve or deny a site plan for a sexually oriented business within 45 days of the initial site plan review by the Board. Failure of the Planning Board to render approval or denial of a submitted site plan for a sexually oriented business within the 45-day review period shall result in the submitted site plan automatically being approved and the issuance of a zoning permit. This division (i) shall apply only to site plan approvals for sexually oriented businesses.
(j) Whether the location of a sexually oriented business satisfies the criteria of this section shall be determined by measuring the straight-line distance, without regard for intervening structures, from the closest exterior structural wall or section of wall enclosing the sexually oriented business to the nearest property line of the other use in question.
(Ord. 04-44. Passed 9-7-04.)