(A) Location prohibitions. Sexually-oriented businesses shall be prohibited in all of the city’s zoning districts, except in the commercial district, as defined and regulated in this chapter, where such businesses shall be permitted, provided, the conditions specified in this code of ordinances are met.
(1) In the commercial district, in which sexually-oriented businesses are permitted uses, the following conditions shall be met prior to a sexually-oriented business being allowed.
(a) Sexually-oriented businesses shall be at least 1,500 feet from any other sexually-oriented business.
(b) Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the actual business premises of the sexually-oriented business to the nearest point of the actual business premises of any other sexually-oriented business.
(c) Sexually-oriented businesses shall be located no less than 1,500 feet from:
1. Any zoned residential area, whether R-1 or R-2 as defined in this chapter;
2. Mobile home parks;
3. Places of worship;
4. Governmental buildings;
5. City/public parks, recreational areas, or open spaces;
6. Schools, public or private;
7. Licensed family day care homes, licensed group family day care homes, licenses child-care or day care centers, licensed development achievement centers, and senior housing complexes; or
8. On-sale liquor establishments.
(2) Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the actual business premises of the sexually-oriented business to the nearest boundary of the residential use district or the boundary of a mobile home park, or to the nearest property line of the premises used as a school, place of worship, governmental building, city/public park, recreational area or open space, licensed family day care home, licensed group family day care home, licensed child-care or day care center, licensed developmental achievement center, senior housing complex, or on-sale liquor establishment.
(3) The operation, establishment, or maintenance of more than one sexually-oriented business in the same building, structure, or portion thereof, or in the increase of the floor area of any sexually-oriented business in any building, structure, or portion thereof is prohibited.
(B) Sign restrictions. In order to protect children from exposure to lurid signs and materials and in order to preserve the value of property surrounding sexually-oriented businesses, the following sign regulations shall apply to all sexually-oriented businesses in the city in lieu of the provisions of the definitions of “signs” in §§ 152.02 and 152.54.
(1) (a) All signs shall be flat wall signs.
(b) No signs shall be freestanding, located on the roof or contain any flashing lights, moving elements or electronically, or mechanically changing messages.
(c) No sign shall contain any message or image which identifies changing messages which identifies “specified sexual activities” or “specified anatomical areas”, as defined in § 115.03.
(d) The maximum allowable sign area shall be one square foot of sign area per foot of lot frontage on a street, but in no event exceeding 32 square feet. The maximum number of signs shall be one per lot frontage.
(e) Signs otherwise permitted pursuant to this section shall contain only:
1. The name of the sexually-oriented business; and/or
2. The specific type of sexually-oriented business conducted on the licensed premises.
(2) Temporary signage shall not be permitted in connection with any sexually-oriented business.
(3) No signs shall be placed in any window.
(4) A one-square foot sign shall be placed on the door to state hours of operation and admittance is restricted to adults only.
(2006 Code, § 11.25) (Ord. 148, 3rd Series, passed 10-24-2003) Penalty, see § 152.99
Cross-reference:
Sexually-Oriented Businesses, see Ch. 115