(a) A sexually oriented business shall be located only in accordance with the following restrictions:
(1) No such business shall be located on any parcel within 700 feet of any Residential District located within the boundaries of the City or any adjoining city or township;
(2) No such business shall be located on any parcel within 1,000 feet of any library, private or public elementary or secondary school, pre-school, day care center, public park or church located within the boundaries of the City or any adjoining city or township;
(3) No such business shall be located on any parcel within 1,000 feet of another sexually oriented business located within the boundaries of the City or any adjoining city or township;
(4) Such businesses shall only be located in C-4, I-1, I-2 and I-3 Districts.
(b) For the purposes of subsection (a) hereof, 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 public or private elementary or secondary school, or to the nearest boundary of an affected public park, Residential District, or residential lot.
(c) For the purposes of subsection (a) hereof, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the closet exterior wall of the structure in which each business is located.
(d) No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this section. Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value.
(e) Notwithstanding Chapter 1340 of this Development Code, any sexually oriented business lawfully operating on the effective date of this chapter that is in violation of this chapter shall be deemed a nonconforming use. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private elementary or secondary school, public park or library within 1,000 feet, or a Residential District or use within 500 feet, of the sexually oriented business. When a nonconforming sexually oriented business use of a structure or premises is voluntarily discontinued or abandoned for more than six months, the structure, building, or premises shall not thereafter be used except in conformity with the subdivision of uses for the use district in which it is located. Chapter 1340 of this Development Code shall supplement this subsection (e) when there is not a direct conflict between these Code provisions. (Ord. 150-96. Passed 10-28-96; Ord. 60-1997. Passed 4-14-97)