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(a) Sexually oriented businesses are permitted in the I-1 or I-2 District, as defined by this Zoning Code, if the Planning Commission determines that the provisions in subsections (b) through (d) below, and the other applicable standards in this chapter and this Zoning Code have been satisfied.
(b) No sexually oriented business may be established within 1,000 feet of:
(1) A church, synagogue, mosque, temple or other building which is used primarily for religious worship and related religious activities;
(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 education 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;
(3) 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 either the City park and recreation authorities or which is operated or managed by any other governmental agency or non-profit corporation.
(4) The boundary of any residential zoning districts as defined in the Zoning Code;
(5) The boundary of any C-REC, B-1, or B-2 zoning districts as defined in the Zoning Code;
(6) Any structure that constitutes a lawful non-conforming residential use as defined in the Zoning Code; and
(7) Of any other sexually oriented business.
(c) For the purpose of subsection (b) of this section, 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 is conducted, to the nearest property line of the premises of a use listed in subsection (b) above.
(d) Not more than one sexually oriented business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business shall not be increased.
(Ord. 100-2010. Passed 11-8-10.)