(a) No person shall operate or cause to be operated a sexually oriented business outside of the zoning district in which a sexually oriented business is allowed pursuant to the Zoning Code of the City. Sexually oriented businesses, as defined herein, shall be permitted in the M-3 District as a special exception.
(b) No person shall operate or cause to be operated a sexually oriented business within l,000 feet of any of the following:
(1) A church, a house of worship, and ancillary social or entertainment buildings related to church activities;
(2) A public or private pre-elementary, nursery, elementary or secondary school;
(3) A public library;
(4) A child care or personal care facility;
(5) A public park or playground;
(6) A child-oriented business;
(7) A school bus stop;
(8) Non-profit organizations serving children or families; or
(9) Federal, State, County or local government agencies.
(c) No person shall cause or permit the operation, establishment, substantial enlargement or transfer or ownership or control of a sexually oriented business within l,000 feet of another sexually oriented business.
(d) No person shall cause or permit the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or an increase in the floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(e) For the purposes of this chapter and the City of Johnstown, 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 public or private, pre-elementary, elementary, or secondary school, public library, child care facility, child-oriented business or nursery school; or to the nearest boundary of an affected public park.
(f) For purpose of subsection (c) hereof, 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) A sexually oriented business lawfully operating on the date of the enactment of this chapter or the relevant amendments to the City of Johnstown Zoning Code (whichever applies) that is in violation of subsections (a), (b), (c) or (d) hereof shall be deemed a nonconforming use. Such nonconforming use shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use.
(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 church, public or private pre-elementary school, elementary or secondary school, public library, child care facility, child-oriented business, nursery school or public park within l,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
(Ord. 4818. Passed 1-27-99.)