(a) A Sexually Oriented Business may be located only in accordance with the restrictions contained in subsections (b) through (h) below.
(b) A Sexually Oriented Business may be located only in an Industrial District, as described in the City Zoning Ordinance.
(c) No Sexually Oriented Business may be established 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 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 shown on the Zoning Map;
(4) A public park or recreational area which has been designated for park or recreational activities including 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 either the City or which is operated or managed by another public entity.
(d) No Sexually Oriented Business may be established within 500 feet of the property line of a lot regulated as a lawful non-conforming residential use as defined in the Zoning Ordinance;
(e) No Sexually Oriented Business may be established, operated or enlarged within 500 feet of another Sexually Oriented Business or any Sexually Oriented Business as defined in the Zoning Ordinance;
(f) Not more than one Sexually Oriented Business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any Sexually Oriented Business in any building, structure, or portion thereof containing another Sexually Oriented Business may not be increased.
(g) For the purpose of subsections (c) and (d) hereof, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the principal building or structure or tenant space if located in a multi-tenant building used as the part of the premises where a Sexually Oriented Business is operated, to the nearest property line of the premises of a use listed in subsection (c) and (d) hereof.
(h) For purposes of subsection (e) of this Section, the distance between any two Sexually Oriented Businesses or a Sexually Oriented Business and any other Sexually Oriented Business shall be measured in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure or tenant space if located in a multi-tenant building in which each business is located.
(i) No Sexually Oriented Business that was in compliance with the above locational restrictions at the time that it received a license will be subsequently found not to be in compliance if, subsequent to the receipt of the license, a use listed in subsection (c) is newly established or expands so as to be within 500 feet of the Sexually Oriented Business.
(Ord. 04-06. Passed 2-17-04.)