(A) It shall be unlawful for any person to operate or cause to be operated a sexually oriented business within 1,000 feet of;
(1) A church, or place of religious worship;
(2) Day care facility;
(3) School;
(4) Hospital;
(5) Public building;
(6) Public park;
(7) Residentially zoned property;
(8) Residentially used property; or
(9) Agricultural land use.
(B) It shall be unlawful for any person to cause or permit the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 2,500 feet of another sexually oriented business.
(C) It shall be unlawful for any person to cause or permit the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof containing another sexually oriented business.
(D) For the purposes of § 115.12(A), 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 a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church or place of religious worship, day care facility, school, hospital, public building or public park, residentially zoned property, residentially used property, or agricultural land use.
(E) For the purpose of § 115.12(B), the distance between any two sexually oriented businesses shall be measured in a straight line without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(F) All sexually oriented businesses must be located and operated in a B-2 zone (General Business District) unless the business qualifies as a non-conforming use mentioned in § 115.12(G). Operation of such businesses in any other zone is prohibited.
(G) Any sexually oriented business lawfully operating on the effective date of this chapter that is in violation of this section shall be deemed a non-conforming use.
(1) Such non-conforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use.
(2) If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operating at a particular location is the conforming use and the later established business is non-conforming.
(3) A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church or place of religious worship, day care facility, school, hospital, public building or public park, residentially zoned property, residentially used property, or agricultural land use within 1,000 feet of the sexually oriented business.
(Ord. 04-06, passed 7-6-04)