(A) Intent. In the development and adoption of this section, it is recognized that there are some adult entertainment business uses which, due to their very nature, have certain objectionable operational characteristics particularly when located in close proximity to residential neighborhoods, thereby having a deleterious impact upon property values and the quality of life in such surrounding areas. It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulating the operation of such adult entertainment businesses under their jurisdiction to ensure that these adverse effects will not contribute to the blighting or down grading of adjacent neighborhoods. The special regulations deemed necessary to control the undesirable externalities arising from these adult entertainment businesses are set forth below. The purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods, to deter the spread of urban blight and to protect minors from the objectionable operational characteristics of these adult entertainment business uses by restricting their close proximity to churches, parks, schools, day care and child care facilities and residential areas.
(B) Prohibitions.
(1) The establishment, enlargement, reconstruction, resumption or structural alteration of any adult entertainment business shall be prohibited if such adult entertainment business is within 1,000 feet of two other such adult entertainment businesses or within 600 feet of any existing church, school, day care facility, child care facility, park, agricultural district or R district within the corporate limits of the town.
(2) Provided further that, no adult entertainment business shall be established, enlarged, reconstructed, resumed or structurally altered unless the site or proposed site is located in an I-2, General Industrial District, or I-3, Heavy Industrial District and has been approved as a special exception use by the Board of Zoning Appeals.
(C) Measurement of distances. The distance between one adult entertainment business and another adult entertainment business shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of each such business. The distance between an adult entertainment business, and any church, school, park, day care facility, child care facility, agricultural district or residential district shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the adult entertainment business to the nearest lot line of the church, school, day care facility, child care facility, park, agricultural district or R district.
(D) Exterior display. Notwithstanding any other provisions of this chapter to the contrary, all exterior displays for an adult entertainment business shall comply with the following regulations.
(1) Observation. No adult entertainment business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from any public right-of-way.
(2) Number of signs. Not more than one business wall sign shall be permitted for an adult entertainment business and said business wall sign shall be permitted only on the front facade of the building. In addition to the one permitted business wall sign, an adult entertainment business may be permitted not more than one ground sign structure if it is permitted by §§ 194.160 through 194.169 of this chapter and any amendments thereto, and which meets all of the requirements of the zoning district in which it is located. All other sign structures shall be prohibited.
(3) Sign surface area. The sign surface area of a business wall sign for an adult entertainment business shall not exceed an amount equal to 5% of the front building facade of the first floor elevation (first ten feet) of the premises occupied by the adult entertainment business, or 100 square feet, whichever is the lesser. The maximum sign surface area of a ground sign structure, where permitted, shall not exceed one square foot for each lineal foot of frontage of the lot, or 24 square feet, which is the lesser.
(4) Illumination. Lighting, signs and sign structures may be illuminated; provided, however, such illumination shall not be by way of exterior lighting (e.g., spot or flood lights).
(E) Continuation of non-conforming use. This section is subject to the provisions of § 194.019 of this chapter.
(Ord. 2000-16, passed 8-28-2000, § 3.7)