§ 9-28.050. Sexually Oriented Business (SB) Overlay District

A.

Limits of zone. The boundaries of the Sexually Oriented Business Overlay Zone shall be defined by the City's Official Zoning Map (See Section 9-20.030).

B.

Permitted Uses.

1.

Except as otherwise allowed by any underlying base zoning district within the Sexually Oriented Business Overlay Zone, only businesses which have a valid sexually oriented business regulatory permit and a Zoning Clearance may operate a sexually oriented business, as defined in Title 5, Chapter 8 (Sexually Oriented Businesses) of the Municipal Code. This zoning district does not permit or authorize any other use of land or premise, except as may be permitted by the underlying zoning, at such times and under such conditions so as to be consistent with the uses permitted in the Sexually Oriented Business Overlay Zone.

2.

Procedures and conditions for permits. Any person seeking to open and operate a sexually oriented business shall be in conformance with Title 5, Chapter 8 (Sexually Oriented Businesses).

C.

Buffer distance from Oak Park. No sexually oriented business shall be established or located within 500 feet of Oak Park. Measurement of distances shall be a straight line from the nearest property line of Oak Park to the primary entrance of the proposed sexually oriented business.

D.

Separation between sexually oriented businesses. No sexually oriented business shall be established or located within 500 feet of any other sexually oriented business. Measurement of distances shall be a straight line from the primary entrance of one sexually oriented business to the primary entrances of all other sexually oriented businesses.

E.

Application and review process.

1.

All sexually oriented businesses shall be required to submit a sexually oriented business site plan review application. The sexually oriented business site plan review is an administrative permit based on a ministerial decision by the Director of Environmental Services or his/her designee without a hearing. The sexually oriented business site plan review certifies that the proposed use of land or structure meets all the requirements of this Chapter and, if applicable, the conditions of any previously approved development permit for the site.

2.

Sexually oriented business site plan review applications shall be evaluated against all applicable commercial development standards identified in this Chapter.

3.

Commercial Planned Development Zone standards shall be used to determine lot area and coverage, setbacks, height, and landscape coverage.

4.

Parking shall be calculated based on the commercial uses of the property.

5.

All sexually oriented businesses shall be required to meet the above distance and separation requirements on the date an application is submitted. Once an application is submitted, any new application for a sexually oriented business shall meet the distance and separation requirements based on any existing sexually oriented business and any previously proposed sexually oriented business, for which an application is pending, but not yet approved.

6.

If all zoning ordinance requirements are met, the sexually oriented business site plan review application will be approved.

7.

Notwithstanding any other provisions of this Code, the ministerial decision on a sexually oriented business site plan review application is non-appealable.

(Amended during 3-07 supplement)