(a) A person commits an offense if he operates or causes to be operated an Adult Business within one thousand feet (1,000') of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a residential, multi-family or historical district as defined in the Codified Ordinances;
(4) A public park; or
(5) The property line of a lot devoted to a residential or multi-family use as defined in the Codified Ordinances.
(b) A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of an Adult Business within one thousand feet (1,000') of another Adult Business. A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one Adult Business in the same building, structure, or portion thereof, or the increase of floor area of any Adult Business in any building, structure, or portion thereof containing another Adult Businesses in any building, structure, or portion thereof containing another Adult Businesses.
(c) For the purposes of subsection (a), measurements 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 part of the premises where an Adult Business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of any affected public park, residential district, or residential lot.
(d) For purposes of subsection (b), the distance between any two Adult 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 Adult Business lawfully operating prior to the date of the enactment of this Chapter, that is in violation of subsections (a), (b) or (c), shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed five (5) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (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 Adult Businesses are within one thousand feet (1,000') of one another and otherwise in a permissible location, the Adult 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) An Adult Business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the Adult Business license, of a church, public or private elementary or secondary school, public park, residential district, or residential lot within one thousand feet (1,000') of the Adult 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 has been revoked.
(Ord. 20-06. Passed 6-4-20.)