(A) It is an offense for any person to operate or cause to be operated a sexually-oriented business within 750 feet of:
(1) A church; or place of religious worship;
(2) Day care facility;
(3) School;
(4) Hospital;
(5) Public building;
(6) Public park;
(7) Residentially zoned property.
(B) It shall be an offense for any person to cause or permit the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually-oriented business within 750 feet of another sexually oriented business.
(C) It shall be an offense for any person to cause or permit the operation, establishment or maintenance of more than one sexually-oriented business in the same building, structure, or portion thereof containing another sexually oriented business.
(D) For the purposes of division (A) of this section, measurement 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 a part of the premises where a sexually-oriented business is conducted, to the nearest property line of the premises of a church; or place of religious worship, dare care facility, school, hospital, public building or public park, or residentially zoned property.
(E) For the purposes of division (B) of this section, the distance between any two sexually-oriented 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.
(F) All sexually-oriented businesses must be located and operated in a C-2 zone (General Business District) unless the business qualifies to, the non-conforming use mentioned in division (G). Operation of such businesses in any other zone is prohibited.
(G) Any sexually-oriented business lawfully operating on the effective date of this chapter that is in violation of divisions (A), (B), or (C) of this section shall be deemed a non-conforming use.
(1) Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
(2) If two or more sexually-oriented businesses are within 750 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 is non-conforming.
(3) A sexually-oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually-oriented business license, of a church or place, of religious worship, day care facility, school, hospital, public building or public park, residentially zoned property within 750 feet of the sexually-oriented business.
(Ord. 99-006, passed 6-15-99) Penalty, see § 115.99