(a) No person shall operate or cause to be operated a sexually-oriented business or adult entertainment business in any zoning district other than the appropriate zoning district for such use as set forth in the City of Olmsted Falls Zoning Code.
(b) No person shall operate or cause to be operated a sexually-oriented business or adult entertainment business within:
(1) One thousand (1000) feet of 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, Village or Township;
(2) One thousand (1000) feet of 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, Village or Township;
(3) Three hundred fifty (350) feet of a boundary of a residential district as defined in the Codified Ordinances of the City of Olmsted Falls and any adjacent City, Village or Township;
(4) One thousand (1000) feet of a park or recreational area, public or private, 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 land within the City;
(5) Three hundred fifty (350) feet of the property line of a lot devoted to a residential use as defined in the Codified Ordinances of the City of Olmsted Falls;
(6) Three hundred fifty (350) feet of an entertainment business which is oriented primarily towards children, family, or senior citizen entertainment, whether inside or outside the City.
(c) 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 one thousand feet (1,000') of another sexually-oriented business or adult entertainment business.
(d) No person shall cause or permit the operation, establishment, or maintenance of more than one (1) sexually-oriented business or adult entertainment business in the same building, structure, or portion thereof, or the increase of floor area of any sexually-oriented business or adult entertainment business in any building, structure, or portion thereof containing another sexually-oriented business or adult entertainment business.
(e) 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). 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.
(f) For purposes of subsection (c) hereof, the distance between any two (2) 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.
(g) Any sexually-oriented business or adult entertainment business lawfully operating on the date of passage of this section that is in violation of subsection (a) through (g) hereof shall be thus permitted to continue for a period not to exceed one (1) year, 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 (2) or more sexually-oriented businesses or adult entertainment businesses are within one thousand feet (1,000') 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.
(h) 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 one thousand feet (1,000') 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. 03-2004. Passed 3-9-04.)