§ 4. [Restrictions and requirements for sexually oriented businesses.]

[1.]

Location restrictions. Sexually oriented businesses shall be permitted in those commercial districts designated as C-1, C-2, C-3 or C-4, provided that:

(A)

The specific retail or service activities of a sexually oriented business, such as sale or rental of products or services, would be a permitted use without regard to the sexually oriented nature of the business;

(B)

The sexually oriented business may not be operated within:

(1)

One thousand five hundred (1,500) feet of a religious establishment which holds a special exception permit as a place of public assembly or is otherwise a permitted land use;

(2)

One thousand five hundred (1,500) feet of a public or private primary or secondary school, or public community college campus;

(3)

One thousand five hundred (1,500) feet of a boundary of any residential district;

(4)

One thousand five hundred (1,500) feet of a state, county or municipal park or similar facility, including but not limited to the Sand Hill Boy Scout Reservation, the Suncoast Trail and the Withlacoochee State Trail;

(5)

One thousand five hundred (1,500) feet of a licensed day-care center;

(6)

Two thousand five hundred (2,500) feet of any right-of-way, including entrance and exit ramps, of any federal interstate highway; or

(7)

One thousand five hundred (1,500) feet of another sexually oriented business;

Without regard to whether or not such other establishment or facility is in the same zoning district or classification, and without regard to whether there are any intervening municipal, county or other jurisdictional boundaries between the sexually oriented business and such other establishment or facility.

(C)

A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business classified pursuant to section 18-88 of this Code.

(D)

For the purpose of this section, 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 line of premises on which is located a religious establishment which holds a special exception permit as a place of public assembly or is otherwise a permitted land use, or on which is located another sexually oriented business, or on which is located a public or private elementary or secondary school or public community college, or on which is located a licensed day care center; or to the nearest boundary of an affected state, county or municipal public park, residential district, or federal interstate highway right-of-way.

[2.]

Non-conforming uses; amortization.

(A)

Any business lawfully operating on the effective date of the ordinance from which this section derives, that is in violation of the locational or structural configuration requirements of this section shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed five (5) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. 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 operated at a particular location is the conforming use and the later-established business(es) is non-conforming.

(B)

A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, synagogue, or regular place of religious worship, public or private elementary or secondary school, licensed day-care center, public park, residential district, or child or family entertainment business within one thousand, five hundred (1,500) feet of the sexually oriented business. This provision applies only to the renewal of a valid business license, and does not apply when an application for a business license is submitted after a business license has expired or has been revoked.

[3.]

Exterior portions of sexually oriented businesses.

(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 section.

(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.

(E)

A violation of any provision of this section shall constitute a misdemeanor, and may be subject to any other remedy for enforcement, as provided by section 18-108 of this Code.

[4.]

Signage.

(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 primary sign and one 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 the maximum size permitted under the applicable land development regulations, or seventy-five (75) square feet in area, whichever is lesser; 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 enterprise.

(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 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)

Violation of any provision of this section shall constitute a misdemeanor, and may be subject to any other remedy for enforcement, as provided by section 18-108 of this Code.

(Ord. No. 2003-14, §§ 23—26, 7-8-03)