A. Sexually Oriented Business
1. Purpose
Sexually oriented businesses are recognized as having certain serious and objectionable operational characteristics and deleterious secondary effects on adjacent areas, particularly when several sexually oriented businesses are concentrated or when they are located in close proximity to residential neighborhoods and uses involving the assembly of children or other vulnerable or sensitive persons. Special regulation of these uses is necessary to ensure that these adverse effects do not contribute to the degradation or decline of surrounding neighborhoods. The primary intent of the following standards is to prevent the concentration of sexually oriented businesses in any one location and separate them from residential neighborhoods and vulnerable uses.
2. Districts Where Permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
P |
A sexually oriented business includes any of the following establishments or premises:
a. Adult Book, Adult Novelty, or Adult Video Store
A retail establishment that offers for sale or rent books, magazines, other periodicals, videos, discs, slides, photographs, instruments, devices, paraphernalia, or other printed matter or graphic media that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities, or specified anatomical areas, and which materials constitute 20 percent or more of the establishment's inventory at any time, or are displayed on more than 20 percent of that portion of the establishment's floor area used for public display of stock; or
b. Massage Establishment, Unlicensed
An unlicensed massage establishment is an establishment that offers, sells, or provides manipulation of the tissues or other tactile stimulation of the human body with the hand, foot, arm, leg, elbow, or part of the torso, whether or not aided by any electrical or mechanical device, by persons who are not licensed massage therapists under Chapter 480 of the Florida Statutes, or athletic trainers employed by on behalf of educational or professional athletic teams, or licensed physicians, nurses, or other health care practitioners engaged in the practice of their profession. A massage may also include bathing or application of oils, lotions, or similar preparations to the human body. An unlicensed massage establishment does not include a therapeutic massage establishment; or
c. Any premises where members of the public or any person for consideration may participate in or may observe or view any activity, live or recorded performance, or any visual images tangibly fixed in any medium, which activity, performance, image, or recording has an emphasis on, or has as its primary or dominant theme, subject matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; or
d. Any premises where the presentation or distribution of any performance, recording, or visual image requires the exclusion of minors from the premises pursuant to F.S. Ch. 847.
4. Standards
a. Separation Requirements
A new sexually oriented business shall be separated from certain existing uses and zoning in accordance with Table 155.4224.A.4: Minimum Separation from Certain Existing Uses and Zoning.