A. A person commits an offense if that person operates or causes to be operated a sexually oriented business in any zoning district other than as authorized for the applicable zoning district under the City of Alamo Zoning Ordinance.
B. A person commits an offense if the person operates or causes to be operated a sexually oriented business within one thousand three hundred twenty feet (1,320') of:
1. A church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;
2. A public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. "School" includes the school grounds;
3. A boundary of a Residential Zoning District;
4. A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City park and recreation authorities;
5. The property line of a lot devoted to a residential use as defined in this chapter; or
6. An entertainment business which is oriented primarily towards children or family entertainment.
C. A person commits an offense if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within seven hundred fifty feet (750') of another sexually oriented business.
D. A person commits an offense if that 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.
E. For the purpose of subsection B of this section, measurement shall be made in a straight line, without regard to the 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 use listed in subsection B of this section. The presence of a City, County or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
F. For purposes of subsection C of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
G. Any sexually oriented business lawfully operating on the date of the passage of this chapter that is in violation of subsections A through F 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 reason or voluntarily discontinued for a period of thirty (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 (2) or more sexually oriented businesses are within seven hundred fifty feet (750') 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(es) is/are nonconforming. (Ord. 06-05-19, 5-21-2019)