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 Albany
 Code of Ordinances
 Code Of Ordinances
 Chapter 4. Adult Entertainments
 Article III. Location

§ 4-55. Distance restrictions  

Latest version.

  • (a) A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of:

    (1) A church;

    (2) A school;

    (3) A public park; or

    (4) The property of a lot devoted to residential use.

    (b) A person commits an offense if the person causes or permits the operations, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business located within 1,000 feet of another sexually oriented business.

    (c) A person commits an offense if the person causes or permits the operation, establishment or maintenance of more than one 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.

    (d) For the purposes of subsection (a) 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 the premises of a church or school, or to the nearest boundary of an affected public park, residential district or residential lot.

    (e) For purposes of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

    (f) Any sexually oriented business lawfully operating on the effective date of the ordinance establishing this article, that is in violation of subsection (a), (b) or (c) of this section, shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reasons or voluntarily discontinued for a period of 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. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use, and the later established business is nonconforming.

    (g) 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 church, school, public park, residential district or residential lot within 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 has been revoked.

    (h) A sexually oriented business established on or after the effective date of the ordinance from which this chapter is derived shall be located only within the districts so permitted by and shall conform in all respects with the requirements of the comprehensive zoning ordinance of the city, as such comprehensive zoning ordinance may from time to time be amended.

(Ord. No. 97-5, § 1.112, 1997)