(a) A person commits a first degree misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than in a zoning district as permitted by the Brunswick Zoning Code.
(b) A person commits a first degree misdemeanor if the person operates or causes to be operated a sexually oriented business within one thousand (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, without limitation, child day care facilities, nursery schools, pre-schools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, junior colleges and universities, trade schools, tutorial services and commercial learning centers; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.
(c) A person commits a first degree misdemeanor if the person operates or causes to be operated a sexually oriented business within four hundred (400) feet of:
(1) A boundary of a residential district as defined in the Codified Ordinances of the City of Brunswick.
(2) A public park or recreational area which has been designated for park or recreational activities including, without limitation, 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 or other public authority.
(3) The property line of a lot devoted to a residential use as defined in the Codified Ordinances of the City of Brunswick.
(4) Private/commercial playground, whether located indoors or outdoors.
(d) A person commits a first degree misdemeanor if that person causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within two thousand (2,000) feet of another sexually oriented business.
(e) A person commits a first degree misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one (1) sexually oriented business in the same building, structure or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(f) For the purpose of subsections (b) and (c) of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the premises to the nearest property line of the use listed in subsection (b) or (c). Presence of a city, county or other political subdivision boundary shall be irrelevant for the purposes of calculating and applying the distance requirements of this Section.
(g) For purposes of subsection (d) of this Section, the distance between any two (2) 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 premises.
(h) Any sexually oriented business lawfully operating on the date of passage of this Chapter that is in violation of subsections (a) through (f) of this Section shall be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non- conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within two thousand (2,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first licensed and continually operating at a particular location is the first permitted usage.
(i) A sexually oriented business lawfully operating as a permitted use is not rendered a non-permitted use or non-conforming use subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection (d) of this Section within two thousand (2,000) 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. 44-15. Passed 7-13-15.)