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(A) Purpose and intent. The purpose of this section is three-fold:
(1) To ensure that sexually oriented businesses are located so that they are separated from residential neighborhoods, where children and others are likely to be walking and should not be forced to encounter such a business in their daily activities;
(2) To ensure that sexually oriented businesses are sufficiently separated from libraries, parks, schools and houses of worship that persons visiting those places and institutions will not be forced to encounter such a business in close proximity to these places and institutions; and
(3) To ensure that sexually oriented businesses are sufficiently separated from one another that the county does not inadvertently create a “combat zone” or other area that is perceived to be dominated by those businesses or that causes the concentration of the secondary effects of those businesses in one area.
(B) Separation requirements.
(2) A sexually oriented business shall be located with a minimum separation distance between itself and other specific uses as set forth in the table below.
Table D - Sexually Oriented Businesses; Minimum Separation Distance | |
Other Use | Minimum Separation Distance (Ft.) |
Table D - Sexually Oriented Businesses; Minimum Separation Distance | |
Other Use | Minimum Separation Distance (Ft.) |
House of worship | 500 |
Other sexually oriented business | 1,000 |
Public library | 750 |
Public park, boys and girls club, YMCA or YWCA | 750 |
Residentially zoned land | 500 |
School | 750 |
(C) Measurement. Measurements for purposes of this section shall be made from the nearest property line of the use which is not a sexually oriented business to the nearest property line of the sexually oriented business. If the sexually oriented business is located in a multi-tenant building, then the distance shall be measured from the nearest property line of the use which is not a sexually oriented business to the nearest line of the leasehold or other space actually controlled or occupied by the sexually oriented business.
(D) Limitations.
(1) School. The separation requirement from a school will apply only if one or more of the following applies:
(a) The school is a public school;
(b) The school has been in operation at the same location for one year or more; or
(3) The lot or parcel at which the school is now operating is owned by the organization operating the school.
(2) House of worship. The separation requirement from a house of worship will apply only if one or more of the following applies:
(a) The house of worship has been in operation at the same location for one year or more; or
(b) The lot or parcel at which the house of worship is now operating is owned by the organization operating the house of worship.
(3) Residentially zoned land. For purposes of this section only, RESIDENTIALLY ZONED LAND shall mean land carrying a county zoning district designation beginning with an R.
(Ord. O-C-07-6, passed 10-9-2007)
Any building used for the operation of a sexually oriented cabaret in the county shall meet the following design standards at all times that the cabaret is operated in the building.
(A) Stage required. The building shall include one or more stages, on which all performances shall take place. Each stage shall be in a room open to all customers of the establishment and containing at least 600 square feet of gross public floor area. The stage shall be raised at least 30 inches above the level of the floor on which customers stand or are seated.
(B) Performance area.
(1) All performances and all interactions between performers and customers shall occur in a room open to all customers of the establishment and containing at least 600 square feet of gross public floor area.
(2) No curtains, screens, shades or other devices shall be used to obscure any part of the room.
(C) Lighting. The lighting level in the area occupied by customers shall be at least five footcandles at a height of three feet off the floor.
(Ord. O-C-07-6, passed 10-9-2007)
Any building used for the operation of a sexually oriented motion picture theater or to show sexually oriented videos on the premises for a fee in the county shall meet the following design standards at all times that the theater is operated in that building.
(A) Presentation area. All screenings and presentations of motion pictures, videos or other media shall occur in a room open to all customers of the establishment and containing at least 600-square feet of gross public floor area. No curtains, screens, shades or other devices shall be used to obscure any part of the room.
(B) Lighting. The lighting level in the area occupied by customers shall be at least two footcandles at floor level.
(C) Seating. Seating shall consist of individual, theater-style chairs, with solid arms separating the chairs. No couches, benches, individual chairs, beds, loose cushions or mattresses or other forms of seating may be provided. Separate spaces for wheelchairs shall be provided in accordance with the applicable provisions of the Southern Building Code and the Americans with Disabilities Act being 42 U.S.C. §§ 12101 et seq.
(Ord. O-C-07-6, passed 10-9-2007)
ADMINISTRATION AND ENFORCEMENT
The Zoning Administrator, who shall be appointed by the Plan Commission, shall:
(A) Administer and enforce the provisions of this chapter;
(B) Issue improvement location permits; and
(C) Maintain a permanent file of all improvement location permits and applications as public records.
(Ord. O-C-97-10, passed 12-22-1997)
(A) Requirement. An improvement location permit shall be obtained before any person may:
(1) Occupy or use any vacant land;
(2) Occupy or use any structure hereafter constructed, reconstructed, moved or enlarged;
(3) Change the use of a structure or land to a different use; or
(4) Change a nonconforming use.
(B) Application for an improvement location permit. An application for an improvement location permit shall be accompanied by a plot plan showing clearly and completely the locations, dimensions and nature of any structure involved and any other information as the Zoning Administrator may require for administration of this chapter.
(C) Scenic Corridor Overlay District; improvement location permit. All applications for an improvement location permit relating to or concerning land within the Scenic Corridor Overlay District shall be considered for approval by the Plan Commission. Additionally, the Plan Commission must consider for approval the site plan for any improvement location permit to be issued within the Scenic Corridor Overlay District, after review of the site plan and consideration of any recommendation by the Technical Advisory Committee.
(D) No public utility shall connect utility services to an improvement requiring an improvement location permit, unless the landowner has obtained an improvement location permit.
(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-07-8, passed 10-22-2007; Ord. O-C-20-1, passed - -2020)
Any person aggrieved or affected by a provision of this chapter or by any decision of the Zoning Administrator may appeal to the Board of Zoning Appeals within a reasonable time, as provided by the rules of the Board, by filing a notice of appeal specifying the grounds thereof. Every decision of the Board of Zoning Appeals shall be subject to review by the County Circuit or Superior Court.
(Ord. O-C-97-10, passed 12-22-1997)
The following fees shall be charged and collected by the Zoning Administrator:
Table E - Fees | |
Action | Fee |
Application for improvement location permit for any improvement having a value of $500 or more | $50 |
Application to Board of Zoning Appeals for variance or special exception | $200 |
Application which is affected by the county flood hazard regulations | Supplemental fee of $350 |
(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-06-9, passed 10-2-2006)
BOARD OF ZONING APPEALS
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