(A) Definitions. Where applicable, words or phrases not defined hereinabove and used in this subchapter shall be defined elsewhere according to the Adult Entertainment Code, of the City of Palm Bay.
(B) Distance restrictions. All adult entertainment establishments or sexually-oriented businesses shall not be located within:
(1) Two thousand five hundred (2,500) feet of a developed public school or a private school;
(2) A non-primary commercial zoning district;
(3) Two thousand five hundred (2,500) feet of a developed public park;
(4) One thousand five hundred (1,500) feet of another adult entertainment establishment or sexually-oriented business;
(5) One thousand (1,000) feet of a federal highway;
(6) Three hundred (300) feet of a commercially zoned business serving alcoholic beverages for consumption on premises or a commercially zoned business permitting the consumption of alcoholic beverages on premises.
All measurements herein shall be made in accordance with subsection (C) of this section.
(C) Measurement of distances. Measurement of distances as required herein pursuant to this section shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment or sexually-oriented business to the closest property line of the establishment serving alcoholic beverages for consumption on premises. Measurement of distances as required herein pursuant to this section shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment or sexually-oriented business to the closest exterior structural wall of the closest adult entertainment establishment or sexually-oriented business. Further measurement of distances as required herein pursuant to this section or § 173.077 shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment or sexually-oriented business to the closest property line of the developed public park, developed public school, or private school as applicable.
(D) Non-conforming establishments - distance requirements. Any adult entertainment establishments or sexually-oriented businesses existing and operating as of the effective date of this subchapter which are not located within the permissible locations identified as set forth herein shall be classified as non-conforming. If any such nonconforming adult entertainment establishment or sexually-oriented business either transfers any of its ownership interest (be it stock, membership units, partnership interest or any other indicia of ownership) or voluntarily ceases to do business for a period of ninety (90) consecutive days then it shall be deemed abandoned and thereafter shall not reopen except in conformance with these location, distance, and dispersal standards. A nonconforming adult entertainment establishment or sexually-oriented business shall not expand the square footage or cubic footage of the establishment or business beyond its existing dimensions. The city acknowledges that Club Goddess and Power Video are non-conforming uses as defined herein. All uses otherwise prohibited pursuant to the provisions of § 173.077 herein under are likewise grandfathered and permitted uses with respect to distance requirements related to Club Goddess and Power Video.
(Ord. 2008-52, passed 9-18-08)