(a) It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in Mason within 750 feet of another sexually oriented business. Measurements for this subsection (a) shall be made in a straight line without regard to intervening structures or objects, between the closest parts of the structures occupied by the two sexually oriented businesses. Where a sexually oriented business is within a multi-tenant development, the measurement shall be to or from the closest part of the tenant space occupied by the sexually oriented business.
(b) It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in Mason, unless said sexually oriented business is at least:
(1) Seven hundred fifty feet from the closest boundary of any residential zoning district;
(2) Seven hundred fifty feet from all parcels containing a residential structure;
(3) Seven hundred fifty feet from all parcels containing a public building, public park or recreation area, religious institution, or school; and
(4) Seven hundred fifty feet from all parcels containing a business that is licensed to serve alcohol and is not primarily engaged in the sale and service of food at the premises.
(c) For the purpose of subsection (b), measurements shall be made in a straight line from the closest part of any structure occupied by the sexually oriented business to the closest property line of the zoned property and uses identified in subsection (b) above. Where a use identified in subsection (b) is located in a multi-tenant development, the distance shall be measured to the closest part of the tenant space occupied by that use rather than the property line of the entire development, so as to maximize the number of locations available to adult establishments.
(d) The zoning and/or use of land in adjacent jurisdictions shall not disqualify any location within Mason from being available to an adult establishment.
(e) Notwithstanding any provision in the Mason Code of Ordinances to the contrary, a sexually oriented business in a location that satisfies the standards in this § 1189.03 shall not be deemed noncompliant with this section by virtue of the subsequent establishment or expansion of a land use or zoning district specified in this section.
(Ord. 2017-52, passed 5-15-2017)