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(A) A person violates this chapter if that person operates or causes to be operated a sexually oriented business in any zoning district other than I-1 Industrial District or I-2 Industrial Expansion District, as defined and described in Ch. 150 of this code of ordinances.
(B) A person violates this chapter if the person operates or causes to be operated a sexually oriented business within 1,000 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, 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 Ch. 150 of this code of ordinances;
(4) A public park or recreational area which has been designated for park or recreational activities included, 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 city which is under the control, operation or management of the city park and recreation authorities;
(5) The property line of a lot devoted to a residential use as defined in Ch. 150 of this code of ordinances;
(6) An entertainment business which is oriented primarily towards children or family entertainment; and/or
(7) Any premises licensed pursuant to the alcoholic beverage control regulations of the state.
(C) A person violates this chapter 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.
(D) A person violates this chapter 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. The 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.
(F) For the 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) Any sexually oriented business lawfully operating and open for business on 4-3-2012 that is in violation of divisions (A) through (F) above shall be deemed a non-conforming use. The non-conforming use will be permitted to continue, unless 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.
(H) A sexually oriented business lawfully operating as a conforming use is not rendered non- conforming 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 1,000 feet of sexually oriented business. This provision applies only to the renewal of a valid license and does apply when an application is made for a license after the applicant’s previous license has expired or been revoked.
(Ord. 2012-2, passed 4-3-2012) Penalty, see § 111.99