The ordinance codified in this chapter shall be known and may be referred to as the SEXUALLY ORIENTED BUSINESSES ZONING ORDINANCE. (Ord. 2012-15, 9-20-2012)

It is the purpose and objective of this chapter that the city establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the city; to regulate the signage of such businesses; to control the adverse effects of such signage; and to prevent inappropriate exposure of such businesses to the community. This chapter is to be construed as a regulation of time, place and manner of the operation of these businesses, consistent with the limitations provided by provisions of the constitutions of the United States and the state. (Ord. 2012-15, 9-20-2012)

See section 13.04.040 of this title. (Ord. 2012-15, 9-20-2012)

Sexually oriented businesses shall be permitted only in areas zoned O-R-D pursuant to the provisions of chapter 13.45 of this title, subject to the following additional restrictions:

   A.   Conditional Use Requirements: Sexually oriented businesses shall be subject to conditional use requirements.

   B.   Prohibited Locations: No sexually oriented business shall be located:

      1.   Within six hundred feet (600') from any school, public park, religious institution, or another sexually oriented business, except an outcall service or a nude and seminude dancing agency may be located on the same premises as another sexually oriented business; or

      2.   Within six hundred feet (600') from a residential boundary; or

      3.   Within six hundred feet (600') of a business licensed for the consumption of alcohol or liquor.

   C.   Measuring Distance Requirements: The distance requirements for this section shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the school, public park, religious institution, or another sexually oriented business and to the front or main entrance of the sexually oriented business. (Ord. 2012-15, 9-20-2012)

Notwithstanding anything contrary contained in chapter 13.82 of this title, signs for sexually oriented businesses shall be limited as follows:

   A.   No more than one exterior sign shall be allowed;

   B.   No sign shall be allowed to exceed eighteen (18) square feet;

   C.   No animation shall be permitted on or around any sign, or on the exterior walls or roof of such premises;

   D.   No descriptive art or designs depicting any activity related to, or inferring, the nature of the business shall be allowed on any sign. Said signs shall contain alphanumeric copy only;

   E.   Only flat signs shall be permitted;

   F.   Painted wall advertising shall not be allowed;

   G.   Other than the signs specifically allowed by this chapter, the sexually oriented business shall not construct or allow to be constructed any temporary sign, banner, light or other device designed to draw attention to the business location. (Ord. 2012-15, 9-20-2012)

If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other sections, provisions, clauses or applications hereof which can be implemented without the invalid provision, clause or application hereof, and to this end the provisions and clauses of this chapter are declared to be severable. (Ord. 2012-15, 9-20-2012)