(A) A license may not be granted for a sexually oriented business to be operated in any zoning district other than B-3, B-4, or I-1, as defined and described in the revised zoning code for the county and the City of Winchester.
(B) A person commits a violation if that person operates or causes to be operated a sexually oriented business in any zoning district other than B-3, B-4, or I-1, as defined and described in the revised zoning code for the county and the City of Winchester.
(C) A person commits a violation if the person operates or causes to be operated a sexually oriented business within 500 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, licensed day-care facilities or other child 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;
(3) A boundary of a residential district as defined in the revised zoning code for the county and the City of Winchester, or the property line of a lot devoted to a residential use (e.g., planned development with a residential use); or
(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 public land within the county which is under the control, operation, or management of the city or county park and recreation authorities.
(D) A person commits a violation if that person 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.
(E) A person commits a violation if that person 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 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 division (C) above, 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 property line of the premises of a use listed in division (C) above. Presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(G) For purposes of division (D) above, the distance between any two 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 structure in which each business is located.
(H) Any sexually oriented business lawfully operating on the effective date of this chapter that is in violation of divisions (B) through (G) above shall be deemed a nonconforming license. The nonconforming license will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming licenses shall not be increased, enlarged, extended, or altered except that the license may be changed to a conforming license if the requirements therefor are complied with. 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 which was first established and continually operating at a particular location is the conforming license and the later established business(es) is/are nonconforming.
(I) A sexually oriented business lawfully operating as conforming is not rendered nonconforming by the location, subsequent to the grant or renewal of the sexually oriented business license, of a license for a use listed in division (C) above within 500 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.
(J) For purposes of this section, PERSON includes the officers, directors, and managing members or partners of a business entity.
(Prior Code, § 62.109) (Ord. 2000-11, passed 7-26-2000) Penalty, see § 113.99