(a) Sexually oriented businesses shall not be required to obtain a conditional use permit or special use permit.
(b) Sexually oriented businesses shall be permitted uses within the I-1 (Light Industrial District) and I-2 (General Industrial District) zoning districts.
(c) It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in Miamisburg, unless said sexually oriented business is at least:
(1) One thousand feet from any parcel occupied by another sexually oriented business or by a business licensed by the State of Ohio to sell alcohol for on premise consumption; and
(2) One thousand feet from any parcel occupied by a house of worship, public or private elementary or secondary school, public park, hotel, motel or any property zoned for or used for residential purposes.
(d) For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of any structure, including signs and roof overhangs, used in conjunction with the sexually oriented business to the closest point on a property boundary associated with any of the land use(s) identified in subsection (c) above.
(e) Any sexually oriented business lawfully operating on the affective date of this chapter, that is in violation of subsection (a) or (b) of this section shall be deemed a nonconforming use. 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 1,000 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/are nonconforming.
(f) A sexually oriented business lawfully in operation as a conforming use is not rendered a nonconforming use by the later establishment of a use listed in subsection (b) of this section within 1,000 feet of the sexually oriented business.
(Ord. 5989. Passed 7-3-07.)