Sexually-oriented businesses shall be permitted in the C-2 Commercial and Industrial Districts provided that:
(A) The sexually-oriented business may not be operated within:
(1) Seven-hundred fifty feet of a church, synagogue, mosque, temple, regular place of worship, and for the purpose of this section a CHURCH, SYNAGOGUE, MOSQUE, or TEMPLE means an entire house or structure set apart primarily for use for purposes of public worship and related religious activities, and which is tax exempt under the laws of this state, and in which religious services are held and with which a clergyman is associated, and the entire structure of which is kept for that use and not put to any other use inconsistent with that use;
(2) Seven-hundred fifty 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) Seven-hundred fifty feet of a public park or recreational area which has been designated for 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 village which is under the control, operation, or management of the village;
(4) Seven-hundred fifty feet of the property line of a lot zoned for residential use and devoted to a residential use as defined in this chapter; 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.
(C) For the purpose of this subchapter, 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, 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), the distance between any 2 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.
(Ord. 6 08-05, passed 8-1-2005) Penalty, see § 152.999