(a) Adult business.
(2) No adult business shall be permitted in any building:
a. Located within 1,000 feet in any direction from a building used as a residence or dwelling;
b. Located within 1,000 feet in any direction from a building in which an adult business or a sexually oriented business is located;
c. Located within 1,000 feet in any direction from a building used as a church, synagogue or other house of worship;
d. Located within 1,000 feet in any direction from a building used as a public school or as a state licensed day care center; or
e. Located within 1,000 feet in any direction from any lot or parcel on which a public playground, public swimming pool or public park is located.
(b) Sexually oriented business.
(2) No sexually oriented business shall be permitted in any building:
a. Located within 1,000 feet in any direction from a building used as a residence or dwelling;
b. Located within 1,000 feet in any direction from a building in which an adult business or a sexually oriented business is located;
c. Located within 1,000 feet in any direction from a building used as a church, synagogue or other house of worship;
d. Located within 1,000 feet in any direction from a building used as a public school or as a state licensed day care center; or
e. Located within 1,000 feet in any direction from any lot or parcel on which a public playground, public swimming pool or public park is located.
(c) Nonconforming adult business and sexually oriented adult business. Any adult business or sexually oriented business lawfully operating on April 1, 1993, that is in violation of this article shall be deemed a nonconforming use. Any use which is determined to be nonconforming by application of the provisions of this section shall be permitted to continue for a period not to exceed two years. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If a nonconforming use is discontinued for a period of 180 days or more, it may not be reestablished. If two or more adult businesses or sexually oriented adult businesses are within 1,000 feet of one another and otherwise in a permissible location the business which was first established and continually operating at its present location shall be considered the conforming use and the later established business(es) shall be considered nonconforming. An adult business or sexually oriented adult business lawfully operating as a conforming use shall not be rendered nonconforming by the subsequent location of a church, house of worship, day care center, school, playground, public swimming pool or public park within 1,000 feet of the adult business or sexually oriented business.
(Ord. passed 4-1-1993) Penalty, see § 4-47