(a) No person shall operate or cause to be operated a sexually oriented business within 1,000 feet of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a Residential, Multifamily or Historical District as defined in these Codified Ordinances;
(4) A public park; or
(5) The property line of a lot devoted to a residential or multifamily use as defined in these Codified Ordinances.
(b) No person shall cause or permit the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business. 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 the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(c) For the purpose of subsection (a) hereof, measurements 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 elementary or secondary school, or to the nearest boundary of an affected public park, Residential District or residential lot.
(d) For purposes of subsection (b) 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.
(e) Any sexually oriented business lawfully operating on March 1, 1998, that is in violation of subsection (a), (b) or (c) hereof shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed five years, 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 two or more sexually oriented businesses are within 1,000 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 or businesses are nonconforming.
(f) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location of a church, public or private elementary or secondary school, public park, Residential District or residential lot within 1,000 feet of the sexually oriented business, subsequent to the grant or renewal of the sexually oriented business license. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(Ord. 98-O-24, passed 4-6-1998)