(a) No person shall operate or cause to be operated a sexually oriented business or adult entertainment business in any zoning district other than in a U-4-A Zoning District where recreation and entertainment is permitted, as defined and described in the City of Mayfield Heights Zoning Code.
(b) With exception of sexually oriented businesses or adult entertainment businesses that locate in the Eastgate Shopping Center or the Golden Gate Shopping Center, which are not subject to the following locational requirements, no person shall operate or cause to be operated a sexually oriented business or adult entertainment business within 750 feet of:
(1) A church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities, whether or not said facility is located within the City or an adjacent city; or
(2) A public or private educational facility, including, but not limited to, child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special educational schools, junior colleges and universities. "School" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school, whether or not said facility is located within the City or an adjacent city.
(c) With the exception of sexually oriented businesses or adult entertainment businesses that locate in the Eastgate Shopping Center or the Golden Gate Shopping Center, which are not subject to the following locational requirements, no person shall operate or cause to be operated a sexually oriented business or adult entertainment business within 750 feet of:
(1) A boundary of a residential district as defined in these Codified Ordinances;
(2) A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City park and recreation authorities;
(3) The property line of a lot devoted to a residential use as defined in these Codified Ordinances; or
(4) An entertainment business which is oriented primarily towards children, family, or senior citizen entertainment.
(d) No person shall operate or permit the operation, establishment, substantial enlargement, or transfer of ownership of a sexually oriented business or adult entertainment business within 1,000 feet of another sexually oriented business or adult entertainment business.
(e) No person shall cause or permit the operation, establishment, or maintenance of more than one sexually oriented business or adult entertainment business in the same building or structure, or portion thereof, or the increase of floor area of any sexually oriented business or adult entertainment business in any building or structure, or portion thereof, containing another sexually oriented business or adult entertainment business.
(f) For the purpose of subsection (b) hereof, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business or adult entertainment business is conducted, to the nearest property line of the premises of a use listed in subsection (b) hereof. The presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(g) For purposes of subsection (c) hereof, the distance between any two sexually oriented businesses or adult entertainment businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
(h) Any sexually oriented business or adult entertainment business lawfully operating on the date of passage of this chapter that is in violation of subsections (a) through (g) hereof shall be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. No such nonconforming uses shall be increased, enlarged, extended, or altered, except that the use may be changed to a conforming use. If two or more sexually oriented businesses or adult entertainment businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business or adult entertainment business which was first established and continually operating at a particular location is the first permitted usage.
(i) A sexually oriented business or adult entertainment business lawfully operating is a permitted use by the location, subsequent to the grant or renewal of the sexually oriented business or adult entertainment business license, of a use listed in subsection (b) hereof within 1,000 feet of the sexually oriented business or adult entertainment 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 been revoked.
(Ord. 1998-44. Passed 11-23-98.)