(A) All sexually oriented businesses shall be located and operated within an ML/C-1 district with a special use permit.
(B) A sexually oriented business cannot be operated within 300 feet of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a residential or historic district;
(4) A park or recreational trail;
(5) A property line of a lot devoted to a residential use;
(6) A hospital; or
(7) A fairgrounds.
(C) 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 is prohibited.
(D) 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 is prohibited.
(E) For the purposes of division (B) above, measurement shall be made in a straight line, without regard to 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, public or private elementary or secondary school, or hospital or to the nearest boundary of an affected public park, residential district, historic district or residential lot.
(F) For purposes of division (C) above, 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.
(G) (1) Any sexually oriented business lawfully operating on the effective date of this chapter that is in violation of divisions (A), (B), (C) and (D) of this section shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 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.
(2) If two or more sexually oriented businesses are within 2,500 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 use and the later-established business(es) is non-conforming.
(H) (1) A sexually oriented business fully 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, public or private elementary or secondary school, public park, residential district, historic district, residential lot or hospital within 300 feet of the sexually oriented business.
(2) 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 has been revoked.
(Ord. 23-09, passed 8-21-2023) Penalty, see § 151.999