(a) A person commits a misdemeanor of the first degree if that person operates or causes to be operated a sexually-oriented business in any zoning district other than those specified in Section 1294.12 and as defined and described in this Zoning Code.
(b) A person commits a misdemeanor of the first degree if the person operates or causes to be operated a sexually-oriented business within 800 feet of:
(1) Any Residential (R) District;
(2) Any public, private, governmental, or commercial library, educational institution, park, recreational facility, religious place of worship, child day care facility, playground, or swimming pool;
(3) Any planned unit or planned cluster development utilized for residential purposes;
(4) Any tavern, bar, or other establishment for the sale of beer or intoxicating liquor for consumption of the premises; or
(5) Any other sexually-oriented business.
(c) A person commits a misdemeanor of the first degree if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually-oriented business within 800 feet of another sexually-oriented business.
(d) A person commits a misdemeanor of the first degree 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) of this section, 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 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) of this section. The presence of a Village, 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) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects of political boundaries, from the closest exterior wall of the structure in which each business is located.
(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)