§ 153.078. ADULT BUSINESS.

In the development and adoption of those regulations, it is recognized that there are some adult business uses which due to their very nature have serious objectionable operational characteristics particularly when located in close proximity to residential neighborhoods, thereby having a deleterious impact upon property values and the quality of life in such surrounding areas. It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of adjacent neighborhoods nor endanger the well-being of the youth in their communities. The special regulations deemed necessary to control the undesirable externalities arising from these enterprises are set forth below, and, as such, serve a substantial government interest. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods, to deter the spread of urban blight and to protect minors from the objectionable operational characteristics of these adult uses by restricting their close proximity to churches, parks, county courthouse, libraries, schools (both public and parochial) and residential areas, while, at the same time, allow for reasonable alternative avenues of communication. This section is based upon findings of a study entitled “Adult Entertainment Businesses in Indianapolis, An Analysis, 1984" which documents the blighting influences of adult businesses on surrounding neighborhoods. The findings of this study are valid for Logansport and Cass County because of the close proximity of Indianapolis and because of general social-economic similarities of the communities. A copy of this study is on file with the Zoning Administrator. All adult businesses shall comply with the following provisions:

(A) The establishment of any adult business shall be prohibited if such business is within 500 feet of any other such adult businesses or within 500 feet of the property line of any church, public or parochial school, library, public park or county courthouse or the boundary line of any residential zoning district or agricultural zoning district.

(1) The distance between 1 adult business and another adult business shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line of each such business.

(2) The distance between an adult business and any church, public or parochial school, library, public park, county courthouse, residential zoning district or agricultural zoning district shah be measured in a straight line, without regard to intervening structures or objects from the closest property line of the adult business to the nearest property line of the church, public or parochial school, library, public park or county courthouse, or the nearest boundary line of the residential zoning district or agricultural zoning district.

(3) If any adult business is part of or included within a shopping center, only the portion of said center or leased space occupied by such adult business shall be included in determining the closest property line of the adult business.

(B) No adult business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to matters or performances as defined by I.C. 35-49-2, as amended, by display, decorations, sign, show window or other opening from any public right-of-way.

(C) All adult businesses shall comply with I.C. 35-49-2.

(1993 Code, § 8-48) (Ord. 93-02, passed 2-1-1993)