(A) A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than the Industrial District designated by the borough and upon which a special exception for such sexually oriented business has been secured from the Borough Zoning Hearing Board, and as defined and described in the zoning regulations in Chapter 155 of this code of ordinances.
(B) A person commits an offense if the person operates or causes to be operated a sexually oriented business within 300 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, 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;
(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 borough which is under the control, operation, or management of the borough;
(5) The property line of a lot devoted to a residential use;
(6) An entertainment business which is oriented primarily towards children or family entertainment; or
(7) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state.
(C) A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business.
(D) A person commits a misdemeanor 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.
(E) For the purpose of division (B) 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 (B) above. Presence of a borough, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(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 the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
(G) (1) Any sexually oriented business lawfully operating at the time of adoption of this chapter, that is in violation of divisions (A) through (F) above shall be deemed a nonconforming use.
(2) The nonconforming use 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 uses shall not be increase, enlarged, extended or altered except that the use may be changed to a conforming use.
(3) If two or more sexually oriented businesses are within 300 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(s) is/are nonconforming.
(H) (1) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in division (B) above 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 been revoked.
(Prior Code, Ch. 13, § 522) (Ord. 1-98, passed 12-7-1998, § XII) Penalty, see § 114.99