(A) Restriction. No person shall operate or cause to be operated a sexually-oriented business within 1,200 feet of a preexisting:
(1) Public or private elementary or secondary school;
(2) Licensed day care center;
(3) Public park;
(4) Religious institution;
(5) Boundary of a residential district or C-1, C-2, C-2T and C-4 Commercial District, and O-1 and O-2 Office District as defined by the city zoning ordinance; or
(6) Sexually-oriented business.
(B) Measurement. For the purpose of division (A), 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 other specified use.
(C) Amortization of existing sexually-oriented businesses. Any sexually-oriented business, lawfully operating on the effective date of this chapter, that is in violation of division (A) of this section shall be deemed a nonconforming use. The nonconforming use shall be permitted to continue for a period not to exceed three years, unless terminated sooner 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 500 feet of one another and otherwise in a permissible location, the sexually-oriented business that was first established and continually operating at a particular location is the conforming use, and the later-established business is nonconforming.
(D) Exemption from location restrictions. Any person desiring to locate a sexually-oriented business at a location prohibited under this section or other regulation of the zoning ordinance, or any other provision thereof, shall be required to seek a variation of use in accordance with the provisions of the zoning ordinance. In addition to the general criteria that must be established for a variation of use, the person seeking the variation shall also establish the following to be eligible for the variation of use:
(1) That the location of the proposed sexually-oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) That the location of the proposed sexually-oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; and
(3) That the location of a sexually-oriented business in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any efforts of urban renewal or restoration.
(Ord. 21-016, passed 8-18-21)