(A) Sensitive uses. The following uses shall be considered sensitive uses for purposes of determining the location of a sexually oriented business.
(1) A place of worship;
(2) A school;
(3) A public park;
(4) A place of public assembly; and
(5) A residential use.
(B) Separation distance.
(1) No Class I Sexually Oriented Business shall be located within 1,500 feet of a sensitive use.
(2) No Class II Sexually Oriented Business shall be located within 2,000 feet of a sensitive use.
(3) No Class III Sexually Oriented Business shall be located within 2,500 feet of a sensitive use.
(C) Distance between businesses. No sexually oriented business shall be located closer than the distance prescribed by this section for separation from sensitive uses from another sexually oriented business of the same class. The separation requirement for sexually oriented businesses of different classes shall be the greater of the distances prescribed by this section for separation from sensitive uses.
(D) Multiple businesses prohibited. Any establishment containing or constituting more than one defined sexually oriented business of any class shall be prohibited.
(E) Measurement of distances. Measurement of the distances prescribed by this section 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 place of worship, school, or public park, place of public assembly, child care facility, or a residential use situated on a platted and recorded lot one and one-half acres or less in area, or a proposed lot that has received final plat approval for residential use of one and one-half acres or less. If the residential use is located on a lot or parcel which exceeds one and one-half acres in size, the distances prescribed by this section shall be measured from a point 50 feet from the closest exterior wall of the residential use. The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the nearest property line of the premises on which each business is located.
(F) Pre-established business. A lawfully operating sexually oriented business shall not be rendered unlawful by the location of a sensitive use, subsequent to the grant or renewal of a sexually oriented business license, closer to the business than the separation requirements prescribed by this section. This provision applies only to the renewal of a valid license, and does not apply when an application for a sexually oriented business license is submitted after the license or period of authorized non-conformity has expired, the license has been revoked, or the licensed sexually oriented business has been abandoned.
(G) Abandonment. A licensed sexually oriented business shall be considered abandoned when its operation has been discontinued voluntarily for a period exceeding 60 days.
(H) Non-conforming business. A sexually oriented business lawfully operating on the date of any amendment to this chapter that is rendered non-conforming with respect to the separation requirements established by such amendment thereafter shall be deemed a non-conforming use. Such use will be permitted to continue for a period not to exceed one year, unless sooner destroyed, abandoned or terminated for any reason. Such non-conforming use shall not be increased, enlarged, extended or altered within such period. If two sexually oriented businesses are within prescribed separation requirements on the effective date of an amendatory chapter that increases such distance requirements, the sexually oriented business which was first established and continually operating at a particular location shall be deemed the conforming use and the later-established business shall be deemed non-conforming.
(I) Frontage on a publicly dedicated roadway. All sexually oriented businesses must be located on a lot fronting on a paved, publicly dedicated roadway.
(Ord. 13-1094, passed 12-19-2013)