(a)

Sexually oriented businesses shall be located only within the light industrial (I-1) zoned areas located within the City west of York Street (WCR 11). It shall be unlawful to cause or permit the operation, establishment or maintenance of a sexually oriented business outside of these areas.

(b)

It shall be unlawful to cause or permit the operation, establishment or maintenance of a sexually oriented business unless a special use permit has been obtained pursuant to Article 15 of this Chapter, and unless the use is in compliance with such approval and all applicable regulations of this Code.

(c)

No sexually oriented business shall be established, operated or maintained within one thousand five hundred (1,500) feet of any school, or platted tract or lot dedicated for school purposes, or within one thousand (1,000) feet of:

(1)

Any religious institution;

(2)

Any public building;

(3)

An existing dwelling;

(4)

Any licensed day care facility;

(5)

Any park;

(6)

The boundary of a residential zone district; or

(7)

Another sexually oriented business.

(d)

The distance between two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

(e)

The distance between a sexually oriented business and any religious institution, school, public building, day care facility, existing dwelling, park or boundary of a residential zone district shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as part of the premises where the sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, school, public building, day care facility or existing dwelling, or the nearest boundary of an affected park or residential zone district.

(f)

No more than one (1) sexually oriented business shall be established, operated or maintained within the same building, structure, premises or portion thereof.

(g)

Any sexually oriented business lawfully operating on the effective date of the ordinance codified herein that is in violation of Subsection (c) of this Section will be permitted to continue for a period of six (6) months from the effective date thereof.

(h)

Notwithstanding the provisions of Subsection (g) of this Section, the City may grant an extension of time during which a sexually oriented business in violation of Subsection (c) of this Section will be permitted to continue upon a showing that the owner of the business has not had a reasonable time to recover the initial financial investment in the business. No such extension of time shall be for a period greater than that reasonably necessary for the owner of the business to recover his or her initial financial investment in the business. A sexually oriented business in violation of Subsection (c) of this Section may continue during such extended period unless the business is sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such business shall not be enlarged, extended or altered except that the business may be brought into compliance with this Subsection.

(i)

If two (2) or more sexually oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operating at the particular location will be deemed to be in compliance with Subsection (c) of this Section and the later-established businesses will be deemed to be in violation of such Subsection.

(j)

A sexually oriented business which, at the time it received its sexually oriented business license, was in compliance with the location requirements of Subsection (c) of this Section, does not violate that Subsection if, when the sexually oriented business applies to renew its valid sexually oriented business license, a school is now located within one thousand five hundred (1,500) feet of the sexually oriented business; or a church, public building, day care facility, dwelling or residential zone district is now located within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid sexually oriented business license and does not apply to an application for a sexually oriented business license that is submitted as a result of the previous sexually oriented business license expiring or being revoked.

(Ord. 668 §4, 2005)

(a)

In addition to any applicable requirements of this Code and the Uniform Baseline Design Standards, sexually oriented businesses shall comply with the sign and display requirements set forth in this Section. In the event of conflict between this Section and any other provisions of this Code or the Uniform Baseline Design Standards, the restrictions set forth in this Section shall apply and control.

(b)

Signs for sexually oriented businesses shall not contain photographs, silhouettes, drawings or pictorial representations of any type or manner. Such signs may contain only the name of the enterprise and a phrase denoting the type of sexually oriented business by reference to the classifications set forth in this title, such as "adult arcade," "adult bookstore" or "adult theater."

(c)

For any adult bookstore, adult novelty shop or adult video store, there shall be presented to the licensing officer with the application required under Section 6-257 of this Code a scaled floor plan showing the specific locations within the commercial establishment where the stock-in-trade describing or depicting specified sexual activities or specified anatomical areas, or designed or intended for use with or in specified sexual activities, will be displayed and sold. The plan shall also describe the method of display of such stock-in-trade.

(d)

For any commercial establishment that is open for other business purposes to persons under the age of twenty-one (21), the sexually oriented business shall segregate such stock-in-trade into a separate and distinct area within the establishment that may be accessed only by persons over the age of twenty-one (21), and where the stock-in-trade may not be readily viewed by persons outside such area, regardless of age. Alternatively, such stock-in-trade need not be segregated into a separate and distinct area if any matter describing or depicting specified sexual activities or specified anatomical areas is covered by an opaque material, such as an opaque magazine, book or video sleeve, that prevents viewing of such matter by persons under the age of twenty-one (21). It is the specific intent of this Section to require that adult books, magazines, videos and novelty items, and any other adult materials displayed in the establishment, either be displayed only in areas not accessible to persons under the age of twenty-one (21), or be displayed only after matter describing or depicting specified sexual activities or specified anatomical areas is first shielded from view by opaque covering.

(Ord. 668 §4, 2005)