(A) No sexually oriented business or use shall be established, operated or caused to be operated, in zoning district other than the I-1 or AG zoning districts as defined by the zoning regulations of the city.
(B) No sexually oriented business or use shall be established, operated or caused to be operated, within 400 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, community colleges and universities; school includes school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(3) A park or public or private campground, sports fields and other recreation facilities not associated with a school or church and youth centers and community centers;
(4) A boundary of a residential district as defined in this chapter;
(5) A property line of a lot devoted to a residential use as defined in this chapter; or
(6) A hospital.
(C) For the purposes of division (B) above, measurement of this 400 feet minimum distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest wall of the building or structure containing a sexually oriented business from the nearest wall of the uses set forth in division (B)(1), (5) and (6) above and from the property line of uses set forth in division (B)(2), (3) and (4) above. The presence of any political subdivision boundary shall be irrelevant for the purposes of calculating and applying the distance requirements of this section.
(D) Any sexually oriented business lawfully operating on the effective date of this chapter that is in violation of divisions (A)or (B) above shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
(E) 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, public or private educational facility, park, residential district, residential lot orhospital within 400 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. 822, passed 4-26-2005; Ord. 1038, passed 9-27-2016)