Board members and city staff said the property is very close to some homes, and adult entertainment facilities under the city’s zoning code are not allowed to be within 500 feet of a residential zoning district.
“You still have residences near there, and you have people concerned about what that would bring there,” said Jacqueline Patterson, a member of the Board of Zoning Appeals.
DeQuan Heard, the owner of Sugar Daddy’s, submitted an application to the city requesting permission to open a new adult entertainment theater in his Broadway Street building.
The property is in an industrial zoning district, which allows adult entertainment facilities if they receive conditional use approval.
But the building is directly across Jett Avenue from a few homes, and a residential zoning district with more homes is immediately to the east.
Heard said he wanted to open a new business featuring live entertainment, including exotic dancers and music.
Heard said he understands why some people were concerned about the proposal, but he vowed to have robust security in place to ensure there would not be issues with crime, violence or other disruptions.
Heard also said the industrial zoning district where his property is located already contains businesses that specialize in chemicals, waste management, towing, asphalt and trucking.
He said an adult entertainment facility would not be any worse of a neighbor than these kinds of companies, adding that he believes he has a “right to open this business.”
“It’s not against the law, we’re zoned in for it, there’s places like this around,” he said. “We just don’t see why we are being singled out, that we shouldn’t be able to open our company — it doesn’t seem fair to us.”
Jeff Green, a city planner, said adult entertainment facilities are a conditional use in industrial districts — which means they are not automatically allowed.
Green said some of the businesses Heard referenced probably are legally nonconforming uses, meaning they are allowed to remain in operation but any new proposed uses of these types would need zoning approvals.
“Let’s say a junkyard tried to open up here, well it would have to meet those requirements,” he said. “If it was a junkyard 100 years ago, it can remain as such, but if it’s brand new, it has to meet the standards of today.”
Green said city staff aren’t singling Heard out. He said they are simply following what the current zoning code dictates.
Ellen Sizer, a Dayton city planner, said the proposed adult theater likely would substantially alter the character of the neighborhood.
Potential harmful impacts on the neighborhood include increased noise and traffic, she said.
Board member Timothy Bement said Heard’s property is right next to a residential district and there’s no way to mitigate the potential impact this use would have on the residential neighborhood, through measures like landscaping or screening.
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