[R.O. 2011 § 665.060; R.O. 2009
§ 158.010; Ord. No. 06-330, 12-14-2006]
A. Sexually oriented businesses shall be permitted
in any "I-2" Heavy Industrial District, provided that the sexually
oriented business may not be operated within:
1.
One thousand (1,000) feet of a church,
synagogue, mosque, temple or building which is used primarily for
religious worship and related religious activities;
2.
One thousand (1,000) feet of a public
or private educational facility including, but not limited to, licensed
day care center, nursery schools, preschools, kindergartens, elementary
schools, private schools, intermediate schools, junior high schools,
middle schools, high schools, vocational schools, secondary schools,
continuation schools, special education schools, junior colleges and
universities; school includes the school ground, but does not include
the facilities used primarily for another purpose and only incidentally
as a school;
3.
One thousand (1,000) feet of a public
park or recreational area which has been designated for park or recreational
activities including, but not limited to, a park, playground, nature
trails, swimming pool, reservoir, athletic field, basketball or tennis
courts, skating rink, pedestrian/bicycle paths, wilderness areas or
other similar public land;
4.
One thousand (1,000) feet of the property line of a lot zoned for residential use as defined in Chapter
400 as "R-1C," "R-1D," "R-1E," "R-2," "R-3A" or "R-M" and being devoted to residential use;
5.
One thousand (1,000) feet of another
sexually oriented business;
6.
One thousand (1,000) feet of any
establishment that offers for sale alcoholic beverages for on-premises
consumption or provides for on-premises consumption of alcoholic beverages;
or
7.
One thousand (1,000) feet of the
property line of any lot designated for residential use on a development
plan approved under a "PD-R" Planned Development –Residential,
"PD-MU" Planned Development – Mixed Use or "PD-RF" Planned Development
– Riverfront Zoning District.
B. A sexually oriented business may not be
operated in the same building, structure or portion thereof containing
another sexually oriented business.
C. For the purpose of this Chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property boundary of the premises described in Subsections
(A)(1) and
(2); or to the nearest property boundary described in Subsections
(A)(3),
(4) and
(7).
D. For purposes of Subsection
(C) of this Section, the distance between any two (2) sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
[R.O. 2011 § 665.070; R.O. 2009
§ 158.015; Ord. No. 06-330, 12-14-2006]
A. Notwithstanding any other ordinance, code
or regulation to the contrary, it shall be unlawful for the operator
of any sexually oriented business or any other person to erect, construct
or maintain any sign for the sexually oriented business other than
the one (1) primary sign and one (1) secondary sign as provided herein.
B. Primary signs shall have no more than two
(2) display surfaces. Each such display surface shall:
1.
Not contain any flashing lights;
2.
Be a flat plane, rectangular in shape;
3.
Not exceed seventy-five (75) square
feet in area; and
4.
Not exceed ten (10) feet in height
or ten (10) feet in length.
C. Primary signs shall contain no photographs,
silhouettes, drawings or pictorial representations in any manner and
may contain only the name of the establishment.
D. Each letter forming a word on a primary
sign shall be of solid color and each such letter shall be the same
print-type, size and color. The background behind such lettering on
the display surface of a primary sign shall be of a uniform and solid
color.
E. Secondary signs shall have only one (1)
display surface. Such display surface shall:
1.
Be a flat plane, rectangular in shape;
2.
Not exceed twenty (20) square feet
in area;
3.
Not exceed five (5) feet in height
and four (4) feet in width; and
4.
Be affixed or attached to any wall
or door of the enterprise.
F. The provisions of Subsection
(B)(1) and Subsections
(C) and
(D) shall also apply to secondary signs.
G. Any sign erected prior to the enactment
of this Chapter shall be considered a lawful non-conforming sign.
[R.O. 2011 § 665.080; R.O. 2009
§ 158.020; Ord. No. 06-330, 12-14-2006]
A. It shall be unlawful for an owner or operator
of a sexually oriented business to allow the merchandise or activities
of the establishment to be visible from a point outside the establishment.
B. It shall be unlawful for the owner or operator
of a sexually oriented business to allow the exterior portion of the
sexually oriented business to have flashing lights or any words, lettering,
photographs, silhouettes, drawings or pictorial representations of
any manner except to the extent permitted by the provisions of this
Chapter.
C. It shall be unlawful for the owner or operator
of a sexually oriented business to allow exterior portions of the
establishment to be painted any color other than a single achromatic
color. This provision shall not apply to a sexually oriented business
if the following conditions are met:
1.
The establishment is a part of a
commercial multi-unit center; and
2.
The exterior portions of each individual
unit in the commercial multi-unit center, including the exterior portions
of the business, are painted the same color as one another or are
painted in such a way so as to be a component of the overall architectural
style or pattern of the commercial multi-unit center.
D. Nothing in this Section shall be construed
to require the painting of an otherwise unpainted exterior portion
of a sexually oriented business.