(A) A person, including an operator of a sexually oriented business, commits an offense if he or she operates or permits the operation, or establishment of a sexually oriented business in a zoning district that does not expressly permit that type of use in the zoning district.
(B) No sexually oriented business shall be located within 600 feet of:
(1) A church;
(2) A public or private elementary or secondary school or daycare center;
(3) A boundary of a residential district as defined in this chapter;
(4) A public park; or
(5) The property line of a lot devoted to a residential use as established by the zoning ordinances of the town.
(C) No sexually oriented business shall be opened, established, or operated within 1,000 feet of another sexually oriented business.
(D) A person commits an offense if he or she causes or permits 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.
(E) For the purposes of division (B) above, 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 elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.
(F) For purposes of division (B) above, 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 as a conforming use is not rendered a nonconforming use by the location, subsequently to the grant or renewal of the sexually oriented business license, 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. 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a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.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. 310, passed 3-11-2010) Penalty, see § 115.99