761.03 LOCATION OF SEXUALLY ORIENTED BUSINESSES.

   (a)    A person commits an offense if he operates or causes to be operated a sexually oriented business within 750 feet of:

      (1)    A religious institution

      (2)    A public or private school;

      (3)    A boundary of a residential or historic district as defined in this chapter;

      (4)    A public park or recreation area;

      (5)    A public building or hospital; or

      (6)    The property line of a lot included within a residential district as defined in this chapter.

   (b)    A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business. A person commits an offense if he 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.

   (c)    For the purposes of subsection (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 premises of a religious institution, public or private school, public building or hospital or to the nearest boundary of an affected public park, residential district, or residential lot.

   (d)    For purposes of subsection (b), 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, 2010 that is in violation of subsection (a), (b) or (c) shall be deemed a nonconforming use. The nonconforming use will be permitted to continue unless terminated for any reason or voluntarily discontinued for a period of two years 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 1000 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(es) is nonconforming.
(Ord. 10-158. Passed 7-6-10.)