(a) No sexually oriented business shall be established in any zoning district other than an Industrial District that has not been zoned or "overlaid" for any mixed use zoning and is zoned exclusively for an Industrial use. In addition, no such business shall be established within 1,000 feet of:
(1) A church, Kingdom Hall, 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, colleges, and universities. "School" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.
(3) A boundary of a Residential District, Office, Commercial or any Mixed Use or Overlay Zoning District as these are defined in the 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 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 the Zoning Code;
(6) An entertainment business which is oriented primarily towards children or family entertainment; or
(7) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.
(b) No adult entertainment business shall be established, operated or enlarged within 1,000 feet of another adult entertainment business.
(c) Not more than one adult entertainment business shall be established or operated in the same building, structure, or portion thereof.
(d) For the purpose of subsection (a) hereof, 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 an adult entertainment business is conducted, to the nearest property line of the premises of a use listed in subsection (a) hereof. 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.
(e) For purposes of subsection (b) hereof, 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.
(f) Any sexually oriented business lawfully operating on September 28, 1998, that is in violation of subsections (a) through (e) hereof, 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 days or more. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
(Ord. 115-98. Passed 9-28-98; Ord. 33-07. Passed 3-26-07.)