(a) An adult entertainment business may be located only in accordance with the restrictions contained in divisions (b) through (h) below.
(b) No adult entertainment business may be established within 200 feet of:
(1) A church, synagogue, mosque, temple or building which is used primarily for the religious worship and related religious activities.
(2) A public or private educational facility including 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 boundary of a residential district as shown on the Zoning Map;
(4) A public park or recreational area which has been designated for park or recreational activities including 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 or which is operated or managed by another public entity.
(c) No adult entertainment business may be established within 200 feet of the property line of a lot regulated as a lawful non-conforming residential use as defined in the Zoning Ordinance;
(d) No adult entertainment business may be established, operated or enlarged within 200 feet of another adult entertainment business;
(e) Not more than one adult entertainment business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any adult entertainment business in any building, structure, or portion thereof containing another adult entertainment business may not be increased.
(f) For the purpose of divisions (b) and (c) 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 principal building or structure or tenant space if located in a multi-tenant building used as the part of the premises where an adult entertainment business is operated, to the nearest property line of the premises of a use listed in divisions (b) and (c).
(g) For purposes of division (d) of this section, the distance between any two adult entertainment businesses or an adult entertainment business and any adult entertainment business shall be measured in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure or tenant space if located in a multi-tenant building in which each business is located.
(h) An adult entertainment business that was in compliance with the above locational restrictions at the time that it received a license will be found to remain in compliance if, subsequent to the receipt of the license, a use listed in division (b) is newly established or expands so as to be within 200 feet of the adult entertainment business.
(Ord. 399-04. Passed 2-7-05.)