(a) A sexually oriented business may only be located within a B-3 Highway Service Business District or an M-l Light Industrial District. A person commits an offense if he operates or causes to be operated a sexually oriented business in any district other than B-3 or M-1 and within 500 feet of:
(1) A church;
(2) Property of a public or private elementary or secondary school; which is utilized for school or school-related purposes;
(3) A boundary of a state or federally recognized historic district;
(4) A public park; or
(5) Within 150 feet of the property line of a lot devoted to residential use or a boundary of a residential district, as defined in this Chapter.
(b) A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1000 feet of another sexually oriented business. A person commits an offense if he 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.
(c) For the purposes of subsection (a), measurement shall be made in a straight line, without regard to 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 church or the property of a public or private elementary or secondary school which is utilized for school or school-related purposes, or to the nearest boundary of an affected public park, residential district, or residential lot.
(d) For purposes of subsection (b), the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(e) Any sexually oriented business lawfully operating on the date of adoption of this chapter, that is in violation of subsections (a), (b), or (c) hereof shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed five years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days of 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 or more sexually oriented businesses are within 500 feet 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 nonconforming.
(f) 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 church, property of a public or private elementary or secondary school which is utilized for school or school-related purposes, or public park within 500 feet of the sexually oriented business, or the location of a residential district or residential lot within 150 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 has been revoked. (Ord. 67-95. Passed 9-19-95.)