§ 62-4916. Location requirements.

(a)

This section may be known and cited as the Adult Entertainment Locational Ordinance Code.

(b)

Notwithstanding any other provision of this article or any provision of article VI of this chapter, no person shall cause or permit the establishment or operation of any adult entertainment establishment:

(1)

Within 1,500 feet from any other adult entertainment establishment;

(2)

Within 1,500 feet from any preexisting religious institution, school or day care center;

(3)

Within 1,500 feet from any area zoned for residential use within the county; or

(4)

From the south city limits of the city of Titusville, south on U.S. Highway 1 to King's Highway, and from a point on the westerly border of the Kennedy Space Center west along State Road 405 to Windover Way. This exclusion is justified by the unique and historical significance of this area as the entranceway to the space center, where every year thousands of families with minor children visit and travel.

(c)

The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such establishment. The distance between any adult entertainment establishment and any religious institution or school shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution or school. The distance between any adult entertainment establishment and an area zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the nearest boundary of the area zoned for residential use.

(d)

An adult entertainment establishment shall be allowed only in the following land use classifications:

(1)

General retail land use classification (BU-1);

(2)

Retail warehousing and wholesale business land use classification (BU-2);

(3)

Light industrial land use classification (IU);

(4)

Heavy industrial land use classification (IU-1);

(5)

TU-1, tourism use land use classification; and

(6)

PIP, planned industrial park land use classification.

(e)

Nonconforming uses. The distance and dispersal requirements of this section shall not apply to adult entertainment establishments existing and operating on the effective date of the ordinance from which this article is derived, but such establishments shall be deemed nonconforming. If any such nonconforming adult entertainment establishment voluntarily ceases to do business for a period of 180 consecutive days, then it shall be deemed abandoned and thereafter shall not reopen except in conformance with these distance and dispersal standards. However, no adult entertainment establishment shall expand the square footage or cubic footage of the establishment beyond its current dimensions.

(Code 1979, §§ 14-294, 14-299; Ord. No. 97-16, § 6, 5-27-97)