(A) It is an offense for any person to operate or cause to be operated a sexually oriented business within 300 feet of:
(1) A church; or place of religious worship;
(2) Day care facility;
(3) School;
(4) Hospital;
(5) Public building; or
(6) Public park.
(B) It shall be an offense for a person to operate or cause to be operated a sexually oriented business outside of an area fronting Veterans Memorial Boulevard between Roy Reynolds on the west and Amy Lane on the east.
(C) It shall be an offense for any person to cause or permit the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 300 feet of another sexually oriented business.
(D) It shall be an offense for any person to cause or permit the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof containing another sexually oriented business.
(E) For the purposes of division (A) above 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 a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church; or place of religious worship, day care facility, school, hospital, public building or public park.
(F) For the purposes of division (C) above of this section, 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.
(G) Any sexually oriented business lawfully operating on June 21, 1994 that is in violation of divisions (A), (B), or (C) above of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years from June 21, 1994, unless sooner terminated for any reason, or if voluntarily discontinued for a period of 30 days or more.
(1) Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
(2) If two or more sexually oriented businesses are within 300 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 is nonconforming.
(3) 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 license, of a church or place of religious worship, day care facility, school, hospital, public building or public park within 300 feet of the sexually oriented business.
(Ord. 95-31, passed 9-12-95; Am. Ord. 96-12, passed 2-27-96; Am. Ord. 97-06, passed 4-22-97) Penalty, see § 115.99