(A) It shall be unlawful to operate or cause to be operated any adult entertainment establishments, also known as sexually-oriented businesses in any location in the town, except as provided in the Land Development Code of the town, Chapter II - Zoning, as amended.
(B) It shall be unlawful to operate or cause to be operated an adult entertainment establishment, also known as sexually-oriented businesses, within 1,000 feet of:
(1) A church;
(2) A school or childcare facility; and
(3) A public park (not including trails).
(C) It shall be unlawful to cause or permit the operation of an adult business within 1,000 feet of another adult entertainment establishment, also known as sexually oriented business. The distance between any such businesses and those businesses specified in division (B) above shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which the adult business is located.
(D) It shall be unlawful to cause or permit the operation or maintenance of more than one adult business in the same building, structure or portion thereof.
(E) (1) Any adult business lawfully operating on the effective date of this chapter that is in violation of divisions (B) through (D) above will be permitted to continue for a period six months from the effective date hereof. However, the Zoning Administrator may grant an extension of time during which an adult business in violation of divisions (B) through (D) above will be permitted to continue upon a showing that the owner of the business has not had a reasonable time to recover the initial financial investment in the business.
(2) No such extension of time shall be for a period greater than that reasonably necessary for the owner of the business to recover his or her initial financial investment in the business. An adult business in violation of divisions (B) through (D) above may continue during such extended period, unless the business is sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such business shall not be enlarged, extended or altered; except that, the business may be brought into compliance with this chapter. If two or more adult businesses are within 1,000 feet of one another and otherwise in a permissible location, the adult business which was first established and continually operating at the particular location will be deemed to be in compliance with divisions (B) through (D) above, and the later established business(es) will be deemed to be in violation of divisions (B) through (D) above.
(F) An adult business lawfully operating is not rendered a non-conforming use by the subsequent location of a church, school, childcare facility, public park, residential district or a residential lot within 500 feet of the adult business; however, if the adult business ceases operation for a period of 180 days or more regardless of any intent to resume operation, it may not recommence operation in that location.
(Prior Code, § 760.3) (Ord. 498, passed 1-6-2005) Penalty, see § 10.999