Legal Documents of Newport

Code of Newport

Table of Contents » Title 9 Business, Peddlers, Solicitors, etc. » Chapter 7 Sexually Oriented Businesses » § 9-712 Location of sexually oriented businesses.
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Title 9
9-1
Title 9, Chapter 1
9-101
§ 9-101
Newport
Title 9 : Business, Peddlers, Solicitors, etc.
Chapter 7 : Sexually Oriented Businesses

9-712 : Location of sexually oriented businesses.[2]

  1. It shall be unlawful for any person to operate or cause to be operated a sexually oriented business in any zoning other than commercial as defined and described in Newport Zoning Ordinance.2

  2. It shall be unlawful for any person to operate or cause to be operated a sexually oriented business within distance of certain establishments as follows:

    1. Within 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. Within one thousand (1,000) feet of a public or private educational facility including but not limited to child day care facilities, 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 grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.
    3. Within two hundred fifty (250) feet of a boundary of a residential district as defined in the Newport Zoning Ordinance.
    4. Within 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, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city, county, or park and recreation authorities;
    5. Within five hundred (500) feet of a residential structure in any zoning district.
    6. Within five hundred (500) feet of an entertainment business which is oriented primarily towards children or family entertainment; or
    7. Within two hundred fifty (250) feet of any business or private club licensed by the city or state to sell packaged beer or alcohol for on premises consumption.
  3. It shall be unlawful if a person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control or a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.
  4. It shall be unlawful if a person causes or permits the operation, establishment, or maintenance of more than one (1)sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
  5. For the purpose of subsection (2) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection (2). Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
  6. For purposes of subsection (3) of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
  7. Any sexually oriented business lawfully operating on the effective date of this chapter, that is in violation of subsections (1) through (6) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
  8. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection (2) of this section with one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked. (Ord. #03-04-08, April 2003)
Footnotes:
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The Newport Zoning Ordinance is included in this municipal code as Appendix A.