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(A) (1) A sexually oriented business shall not be located closer than 1,000 feet to the property line of any of the following:
(a) Church, religious institution, or building used primarily for religious worship and related religious activities;
(b) Public or private elementary or secondary school, vocational school, special education school, junior college or university;
(c) Any single-family, two-family or multiple-family zoning district;
(d) Any planned unit development;
(e) Lot or parcel in residential use;
(f) Public park;
(g) Existing sexually oriented business; and
(h) Child care facility, nursery or preschool.
(2) Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property site boundary of a sexually oriented business to the nearest property line of the premises of any use, district or right-of-way listed above. The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the site or property boundary in which each business is located. Access easements or portions of the parcel that are exclusively used to provide access to the site of the sexually oriented business shall be excluded from the parcel boundary in determining whether the site complies with the required separation. The intent of this exclusion is to allow sexually oriented businesses to comply with the separation requirement from major thoroughfares by means of an access easement or access strip of land from the site to the thoroughfare.
(B) A sexually oriented business site shall only be located within a zoning district where it is listed as an allowable use.
(C) A person is in violation of this section if he or she causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
(D) A person is in violation of this section if he or she 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 substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(E) All off-street parking areas and entry door areas of a sexually oriented business shall be illuminated from dusk until the closing time of the business with a lighting system which meets the standards found in the Village of Birch Run Zoning Ordinance for exterior lighting.
(F) No employee in a sexually oriented business shall knowingly or intentionally appear in view of any patron in a semi-nude condition unless the employee, while semi-nude, shall be and remains at least six feet from all patrons and on a fixed stage at least 18 inches from the floor in a room of at least 600 square feet.
(G) No employee in a sexually oriented business shall knowingly or intentionally mingle with patrons unless they are not dancing or have not danced for at least 30 minutes.
(Ord. 2011-02, passed 4-28-2011) Penalty, see § 110.999