(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 industrial, as defined and described in the city’s Zoning Code.
(B) A person commits an offense if the person operates or causes to be operated a sexually- oriented business within 1,000 feet 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, but does not include facilities used primarily for another purpose and only incidentally thereto;
(3) A boundary of a residential district, defined in the city’s Zoning Code;
(4) A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, wilderness area, 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 which is devoted to a residential use, defined in the city’s Zoning Code;
(6) The property line of a lot which is devoted to an existing residential use or land used primarily for residential use as defined in the county’s Zoning Ordinance;
(7) An entertainment business which is oriented primarily towards children or family entertainment; or
(8) A licensed premises, licensed pursuant to alcoholic beverage control regulations of the state.
(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 1,000 feet 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 division (B) above, 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 the part of the premises where a sexually-oriented business is conducted to the nearest property line of the premises of a use listed in division (B) above. 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 division (C) above, the distance between any two 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 adoption of this chapter that is in violation of divisions (A) through (F) above shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If a nonconforming use goes unused for 180-consecutive calendar days due to the owner’s actions, it may not be reinstated.
(H) 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 use listed in division (B) above 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 been revoked.
(Ord. 1511, passed 3-5-2007) Penalty, see § 113.99