§ 26-23. Location and distance requirements.

(a)

No adult entertainment establishment shall be located any closer than 50 feet from any establishment authorized and licensed to sell alcoholic beverages or malt beverages or wine for consumption on the premises. For the measurement required by this subsection, distance shall be measured from the nearest public entrance of the structure or tenant space of the adult entertainment establishment to the nearest entrance to the public of the structure or tenant space of the establishment authorized and licensed to sell alcoholic beverages or malt beverages or wine for consumption on the premises.

(b)

Additional location restrictions for adult establishments are as follows:

(1)

An adult establishment must be located at least 300 feet from the properties listed below:

a.

The property line of any Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property, or property conditioned for residential purposes; and

b.

The property line of any public park, public recreational fields, public recreational courts, public golf course, public playground, public playing field, government building owned and/or occupied by such government, library, civic center, public or private school, commercial day care facility or church.

(2)

For the measurements required by subsection 26-23(b)(1), the distance shall be measured in a straight line from the structure or tenant space of the applicable adult establishment to the closest property line of the zoned property or uses outlined in subparts (b)(1)a or (b)(1)b, above. Where property conditioned for residential purposes is part of a mixed use development, the distance shall be measured to the closest boundary of the area shown on the approved site plan as conditioned for residential purposes. Where a use listed in subpart (b)(1)b is located in a structure or tenant space in a multi-tenant development, the distance shall be measured to the structure or tenant space of that use rather than the property line of the overall development, so as to maximize the number of locations available to adult establishments. The zoning and/or use of land in adjacent jurisdictions shall not disqualify any location within the City of Sandy Springs from being available to an adult establishment.

(c)

No adult establishment shall be located any closer than 400 feet from any other adult establishment. For the measurement required by this subsection, distance shall be measured in a straight line from the nearest public entrance of the structure or tenant space of the adult establishment to the nearest public entrance of the structure or tenant space of the other adult establishment.

(d)

Notwithstanding any provision in the Sandy Springs Code of Ordinances to the contrary, an adult establishment in a location that satisfies the standards in this section 26-23 shall not be deemed noncompliant with this section by virtue of the subsequent establishment of a land use or zoning district specified in this section.

(Ord. No. 2008-08-41, 8-19-2008; Ord. No. 2009-04-25, § 1, 4-21-2009; Ord. No. 2012-02-03, § 1, 2-7-2012)