Sexually-oriented businesses shall be permitted in any commercial district provided that:
(A) The sexually-oriented business may not be operated within:
(1) Five hundred feet of a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2) Five hundred feet of a public or private educational facility including but not limited to 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 school, junior colleges and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school;
(3) Five hundred feet of a public park or recreational area which has been designated for a park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/bicycle paths, wilderness areas or other similar public land within the city which is under the control, operation or management of the city park and recreation authorities;
(4) One hundred feet of the property line of a lot zoned for residential use and devoted to a residential use as defined in the Zoning Code; or
(5) One thousand five hundred feet of another sexually-oriented business.
(B) A sexually-oriented business may not be operated in the same building, structure or portion thereof, containing another sexually-oriented business that is classified in accordance with § 113.02 of this code.
(C) For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structure 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, synagogue, regular place of worship or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot or licensed day care center.
(D) For purposes of division (C) above, the distance between any two sexually-oriented business uses 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.
(Prior Code, § 10-911) (Ord. 751, passed 3-23-2004) Penalty, see § 113.99