The purpose of this subdivision is to establish provisions for the opportunity as well as controls of sexually oriented uses within the city.

(Zoning Ord., § 31.01)

Sexually oriented uses, as defined in this chapter, shall be subject to the following general provisions:

(1)

Activities classified as obscene under state law are not permitted and are strictly prohibited.

(2)

Sexually oriented uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.

(3)

Sexually oriented uses, either principal or accessory, shall be prohibited from locating in any place which is also used to dispense or consume alcoholic beverages.

(4)

Principal sexually oriented uses which are defined in this chapter as sexually oriented stores, and which deal solely in the retail sales of novelties, shall be exempt from the requirements of section 117-1489.

(5)

Principal sexually oriented use which does not qualify as an accessory use shall be classified as a principal sexually oriented use.

(Zoning Ord., § 31.02)

(a)

Location. Principal sexually oriented uses shall be located at least 500 radial feet, as measured in a straight line from the closest point of the property lines of the buildings upon which the principal sexually oriented uses are located to the property line of:

(1)

Residentially zoned property.

(2)

A licensed day care center.

(3)

A public or private educational facility classified as a preschool, elementary, junior high or senior high.

(4)

A public library.

(5)

A public park.

(6)

Another principal sexually oriented use.

(7)

An on/off sale liquor establishment.

(b)

Limitation of number. Principal sexually oriented uses activities, as defined by this chapter, shall be classified as one use. No two principal sexually oriented uses shall be located in the same building or upon the same property and each use shall be subject to subsection (a) of this section.

(c)

Signage. Principal sexually oriented uses shall, in addition to other sign requirements established by this Code, also adhere to the following signing regulations:

(1)

Sign messages shall be generic in nature and shall only identify the type of business which is being conducted.

(2)

Shall not contain material classified as advertising.

(3)

Shall comply with the requirements of size and number for the district in which they are located.

(Zoning Ord., § 31.03)

(a)

Space and scope of activity. Accessory sexually oriented uses shall:

(1)

Comprise no more than ten percent of the floor area of the establishment in which they are located;

(2)

Comprise no more than 2,000 square feet of floor area in total;

(3)

Comprise no more than 20 percent of the gross receipts of the entire business operation; and

(4)

Not involve or include any activity except the sale or rental of merchandise.

(b)

Restrictions on access. Accessory sexually oriented uses shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:

(1)

Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator.

(2)

Magazines. Publications classified or qualifying as sexually oriented shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

(c)

Prohibited locations. Accessory sexually oriented business activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted.

(Zoning Ord., § 31.04)