TABLE 155.4224.A.4: MINIMUM SEPARATION FROM CERTAIN EXISTING USES AND ZONING

TABLE 155.4224.A.4: MINIMUM SEPARATION FROM CERTAIN EXISTING USES AND ZONING 1
Existing Use/Zoning	Minimum Separation
	Sexually Oriented Business
Child care facility	1,000 feet 2
School
Other sexually oriented business
Park
Place of worship
Residential zoning district
Alcoholic Beverage Establishment
NOTES: 1. Compliance with these separation standards shall not be affected by the subsequent establishment of one of the uses or zoning from which separation is required on a property closer than the required separation distance. In such a case, the sexually oriented business shall be construed as continuing to comply with the separation standards. 2. Separation shall be measured as the shortest distance between the property lines of the lot containing the sexually oriented business and the nearest property lines of the lots containing the use or zoning from which separation is required.

 

         b.   Customary Accessory Uses

      The maximum cumulative aggregate gross floor area of all accessory uses on a parcel shall be 49% of the gross floor area of a principal building or use on the development site.

            i.   Bar or Lounge.

            ii.   Restaurant.

            iii.   Specialty eating or drinking establishment.

            iv.   Retail Sales (provided the gross floor area occupied by the retail sales use does not exceed 20 percent of the gross floor occupied by the principal use).

         c.   Exterior Observation and Display Prohibited

      No sexually oriented business shall be conducted in any manner that permits any person on any parcel of property or public right-of-way within the city, other than the parcel upon which the sexually oriented business is located, to observe any live or recorded performance, or any visual image tangibly fixed in any medium, which performances, images or recordings have as their primary or dominant theme subject matter depicting, describing, or relating to specified sexual activities or specified anatomical areas or which performance, recording, or visual image requires the exclusion of minors pursuant to F.S. Ch. 847, other than such observation as may occur as a result of the observer's intentional reception of such a performance, recording, or visual image within an enclosed structure.

         d.   Presentations in Enclosed Rooms

      No sexually oriented business shall permit or maintain any enclosed room for use by any member of the public, other than restrooms, and dressing rooms which are not viewable or accessible by patrons, unless each such room is greater than 500 total square feet in size.

         e.   Punitive Standards and Right to Appeal

            i.   Other than the procedures to appeal the decision of the City's Development Services Director as provided for in subsection iii below, no variances from the standards listed in Section 155.4224.A.3 or 155.4224.A.4 shall be permitted for any reason.

            ii.   No zoning conditions, restrictions, safeguards, or standards shall apply to or be imposed on any sexually oriented business, other than those prohibitions and restrictions expressly set forth in this section and in the city's code of ordinances.

            iii.   A party aggrieved by the final decision of the Development Services Director on an application to establish a Sexually Oriented Business may appeal the Decision to the ZBA in accordance with the procedures and standards in Section 155.4224, Appeal.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2013-43, passed 2-26-13 ; Am. Ord. 2020-24, passed 1-14-20)