(a) Sexually Oriented Businesses shall be classified as a conditional use and may be located only in accordance with the conditions contained below.
(b) Sexually Oriented Businesses may be located only in those areas that are zoned as an M-2 District.
(c) No Sexually Oriented Business may be established within 800 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, special education schools, junior colleges, and universities. For purposes of determining the distance of 800 feet provided hereinabove, a 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 as defined in the Zoning Resolution;
(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 publicly- owned land within the Village under the control, operation, or management of either the Village or some other public entity;
(5) A private entity the mission or purpose of which is dedicated towards children and families;
(6) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.
(d) No Sexually Oriented Business may be established within 800 feet of any permanent structure devoted to a residential use as defined in the Zoning Resolution.
(e) No Sexually Oriented Business may be established, operated or enlarged within 800 feet of another Sexually Oriented Business.
(f) Not more than one Sexually Oriented Business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any Sexually Oriented Business in any building, structure, or portion thereof containing a Sexually Oriented business may not be increased.
(g) For the purpose 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 building or structure used as the part of the premises where a Sexually Oriented Business is conducted, to the nearest portion of the building or structure of a use listed in this section.
(h) For purposes of this section, the distance between any two Sexually Oriented Businesses shall be measured in a straight line, without regard to the intervening structures or objects, from the portion of the building or structure in which each business is located.
(Ord. 2130-06. Passed 5-15-06.)