(A) Sexually-oriented businesses shall not be required to obtain a special exception permit. It shall be unlawful to operate a sexually-oriented business except in the B-1, B-2, I-1, or I-2 Zoning Districts.
(B) It shall be unlawful to establish, operate, or cause to be operated a sexually-oriented business in the county, unless said sexually-oriented business is at least:
(1) One thousand feet from any parcel occupied by another sexually-oriented business or by a business licensed by the state to sell alcohol at the premises; and
(2) One thousand feet from any parcel occupied by any church, public or private elementary or secondary school, day care center or preschool, public park, or any residence.
(C) For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the nearest portion of any building or structure on the premises where the sexually-oriented business is located to the closest property line of the property containing the church, public or private elementary or secondary school, day care center or preschool, public park, or any residence.
(D) Notwithstanding anything to the contrary in any county ordinance, a non-conforming sexually-oriented business, lawfully existing in all respects under law prior to the effective date of this subchapter, may continue to operate for one year following that date in order to make a reasonable recoupment of its investment in its current location. At the conclusion of said one year, the use will no longer be recognized as a lawful non-conforming use; provided, that a non-conforming sexually-oriented business may apply for one or more six-month extensions of the original one-year period upon a showing of financial hardship. An application for an initial extension based upon a showing of financial hardship (“hardship exception”) shall be made at least 60 days before the conclusion of the aforementioned one-year period. If a hardship extension is granted, subsequent applications for hardship extensions shall be made at least 60 days before the conclusion of the non-conforming sexually-oriented business’ current extension period.
(E) An application for a hardship extension shall be filed, in writing, with the Administrator, and shall include evidence of purchase and improvement costs, income earned and lost, depreciation, and costs of relocation. Within ten days after receiving the application, the Administrator shall schedule a public hearing on the application before the Planning Commission, which public hearing shall be conducted within 30 days after the Administrator’s receipt of the application. Notice of the time and place of such public hearing shall be published at least ten days before the hearing in a newspaper of general circulation published within the county, and shall contain the particular location for which the hardship extension is requested.
(F) The Planning Commission shall issue a written decision within ten days after the public hearing on the application for a hardship extension. The hardship extension shall be granted upon a showing that the non-conforming sexually-oriented business is unable, absent the extension, to make a reasonable recoupment of its investment in its currently lawful, non-conforming use location.
(Ord. 2005-11, passed 12-28-2005; Ord. 2006-03, passed 2-16-2006) Penalty, see § 114.99