(a) A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business outside of a designated S-1 district. All sexually oriented businesses shall be located within a S-1 district.
(b) A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within 1,500 feet of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a residential district;
(4) A public park adjacent to any residential district;
(5) The property line of a lot devoted primarily to residential use;
(6) A continuous care retirement center or nursing care facility;
(7) A family oriented recreation facility including but not limited to a roller skating rink, an ice skating rink or a public swimming pool;
(8) A day nursery or licensed child care facility;
(9) A public library.
(c) A person commits a misdemeanor if he causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 1,500 feet of another sexually oriented business.
(d) A person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of more than 1 sexually oriented business in the same building, structure, or portion thereof, or the increase of floor areas of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
(e) For the purpose of this article, 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 a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of any land use listed in subsection (c) above.
(f) For purposes of subsection (d) of this section, the distance between any 2 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.
(g) Any sexually oriented business lawfully operating on the effective date of this article [Feb. 7, 1995] that is in violation of subsection (a) through (f) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 1 year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If 2 or more sexually oriented businesses are within 1,500 feet of 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) is nonconforming.
(h) 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 permit, of a land use designated in subsection (c) above within 1,500 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when the application for a permit is submitted after a permit has expired or has been revoked.
(i) With the exception of subsection (a) above, the provisions of this ordinance shall apply to those areas of the county that are not zoned.
(1976 Code, § 2.5-82) (Ord. 2673, § 12, passed 2-7-1995)
Editor’s note:
Provisions modified by judicial decision.