Location of sexually oriented businesses.
Cape Coral Code of Ordinances § 12-65
in effect§ 12-65 - Location of sexually oriented businesses.
(a) Subject to the limitations contained in division (b) hereof, a sexually oriented business may be located only in the Industrial (I-1) and Thoroughfare Commercial (C-3) zoning districts.
(b) The location of a sexually oriented business shall be subject to the following limitations.
(1) No sexually oriented business shall be located within 1,000 feet of another sexually oriented business.
(2) No sexually oriented business shall be located within 300 feet of any of the following zoning districts:
a. Single-Family Residential (R-1A and R-1B);
b. Multi-Family Residential (R-3);
c. Residential Development (RD);
d. Residential Estate (RE);
e. Residential Receiving (RX); and
f. Places of Worship (W);
(3) No sexually oriented business shall be located within 300 feet of the following preexisting land uses: "Duplex dwelling", "multi-family dwelling", "single-family dwelling", "school: non-profit, private, public or parochial- group I", "child care facility", "places of worship", "religious facility" or "park." [See § 4.1.6, and Article 11 of the City of Cape Coral Land Development Code.] In addition, no sexually oriented business shall be located within 300 feet of any pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol, including but not limited to, bottle clubs, nightclubs, package stores, bars, or lounges.
(4) The distances specified herein shall be measured from the property line of the parcel on which the sexually oriented business is located to the property line of the zoning districts identified in subsection (B)(2) above, of the parcel containing any of the uses specified in subsection (B)(3) above, of the parcel containing any pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol, or of the parcel containing another sexually oriented business. The distance shall be measured in a straight line between the nearest point on said property lines. However, in the event the sexually oriented business is located or proposed to be located in a multi-use building or structure which also contains a use specified in subsection (B)(3) above, a pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol, or another sexually oriented business, the distance shall be measured from the closest portion of the building or structure utilized or to be utilized for the sexually oriented business to the closest portion of the building or structure utilized for a use specified in subsection (B)(3) above, utilized for a pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol, or utilized for another sexually oriented business.
(5) A sexually oriented business shall comply with all applicable requirements of the zoning district in which the business is located or proposed to be located, in addition to the requirements of this article. Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this article. Nothing in this article shall be construed to authorize, allow or permit the establishment of any business, the performance of any activity, or the possession of any item, which is obscene under the judicially established definition of obscenity.
(Ord. 30-98, 5-18-1998) (Ord. 30-98, 5-18-1998) (Ord. 30-98, 5-18-1998)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH12OFMIPR_ARTVISEORBU_S12-65LOSEORBUFetched: 11/4/2026