755.04 LOCATION OF ADULT ENTERTAINMENT BUSINESSES.
(a) Adult Entertainment Business shall only be established within I-Industrial Districts as defined in the Zoning Code.
(b) No Adult Entertainment Business may be established 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 as a school unless owned by a public school district.
(3) Any public library or other public facility.
(4) A boundary of a residential district or a trailer park district, as defined in the Zoning Code.
(5) 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 that is under the control, operation or management of the City.
(6) The property line of a lot devoted to a residential use as defined in the Zoning Code.
(7) The property line of any lot owned by the United States or the state or any political subdivision thereof including a public school district.
(8) An entertainment business which is oriented primarily towards children or family entertainment.
(9) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.
(10) An interstate highway to include I-271 or I-480.
(c) No Adult Entertainment Business shall be located on any parcel having frontage on Aurora Road, Miles Road or Richmond Road.
(d) No Adult Entertainment Business may be established, operated or enlarged within 1,000 feet of another Adult Entertainment Business.
(e) Not more than one Adult Entertainment Business shall be established or operated in the same building, structure or portion thereof, and the floor area of any Adult Entertainment Business in any building, structure or portion thereof containing another Adult Entertainment Business may not be increased.
(f) For purposes of subsection (b) of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest property line of the premises 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 (b). Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance.
(g) For purposes of subsection (d) of this section, the distance between any two Adult Entertainment 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.
(h) Any Adult Entertainment Business lawfully operating on the effective date of this Ordinance that is in violation of this Section shall be deemed a nonconforming use under this section. Such nonconforming use will be permitted to continue in its present location unless terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended or altered as established on the effective date of this Ordinance, except that the use may be extended to a conforming use in that zoning district.
(Ord. 2004-108. Passed 7-6-04.)