(A) Sexually oriented businesses shall not be required to obtain a conditional use permit or special use permit.
(B) It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in the city, unless said sexually oriented business is at least: 1,000 feet from any parcel occupied by a house of worship, public or private elementary or secondary school, public park, or any residence.
(C) For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of any structure, including signs and roof overhangs, used in conjunction with the sexually oriented business to the closest point on a property boundary or right-of-way associated with any of the land use(s) identified in division (B) above.
(D) Notwithstanding anything to the contrary in this code of ordinances, a nonconforming sexually oriented business, lawfully existing in all respects under law prior to the effective date of this chapter, may continue to operate for two years following that date in order to make a reasonable recoupment of its investment in its current location. At the conclusion of said two years, the use will no longer be recognized as a lawful nonconforming use, provided that a nonconforming sexually oriented business may apply for one or more six month extensions of the original two-year period upon a showing of financial hardship. An application for an initial extension based upon financial hardship (“hardship exception”) shall be made at least 60 days before the conclusion of the aforementioned two-year period. If a hardship extension is granted, subsequent applications for hardship extensions shall be made at least 60 days before the conclusion of the non-conforming sexually oriented business’s current extension period.
(Prior Code, § 116.05) (Ord. 2007-10.02, passed 10-15-2007) Penalty, see § 116.99