(A) A person commits an offense if he or she operates or causes to be operated a sexually oriented business within 250 feet of:
(1) A church;
(2) A school;
(3) A boundary of a residential or historic district as defined in this chapter;
(4) A public park;
(5) The property line of a lot devoted to a residential use as defined in this chapter;
(6) A hospital;
(7) Licensed day-care;
(8) Buildings and property owned or leased by the city, county, state or federal government; or
(9) Cemeteries.
(B) A person commits a misdemeanor if he or she 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.
(C) A person commits a misdemeanor if he or she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or if he or she causes or permits the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(D) For the purposes of divisions (A) and (B) above, measurement shall be made in accordance with the city’s zoning ordinance.
(E) For purposes of division (B) 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.
(F) Any sexually oriented business lawfully operating on the passage of this subchapter that is in violation of divisions (A), (B) or (C) shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 18 months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 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) in nonconforming.
(G) A sexually oriented business fully 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 church, school, licensed day-care center, government building, cemetery or hospital within 250 feet of the sexually oriented business. 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. 12-3-98, passed 12-3-1998)