(A) Sexually-oriented businesses may only locate within the Agricultural-Residential (AR) zoning district, as defined and described in the this chapter.
(B) A sexually-oriented business shall be at least 2,000 feet from the property line of:
(1) A church, synagogue, mosque, temple or 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 town which is under the control, operation, or management of the town park and recreation authorities;
(4) An entertainment business which is oriented primarily towards children or family entertainment;
(5) A licensed premises that is licensed pursuant to the alcoholic beverage control regulations of the state;
(6) Another sexually-oriented business; and
(7) Any lot(s) devoted to a residential use as defined in the this chapter.
(C) No more than one sexually-oriented business shall be operated, established, or maintained in the same building, structure, or portion thereof.
(D) For the purpose of division (B) above, 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 division (B) above. Presence of a town, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(E) A sexually-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually-oriented business license provided for in the town code, and/or the grant of a conditional use permit, of a use listed in division (B) above within 2,000 feet of the sexually-oriented 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, or after the conditional use permit has expired.
(Ord. passed 12-20-2001) Penalty, see § 152.999