(A) A person is in violation of this chapter if the person operates or causes to be operated a sexually-oriented business within 1,000 feet 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 education 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, community 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 village which is under the control, operation, or management of the village;
(4) An entertainment business which is oriented primarily towards children or family entertainment; or
(5) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state and the village.
(B) A person is in violation of this chapter if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually-oriented business within 1,000 feet of another sexually-oriented business.
(C) A person is in violation of this chapter if that person causes or permits the operation, establishment, or maintenance of more than one sexually-oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually-oriented business in any building, structure, or portion thereof containing another sexually-oriented business.
(D) For the purpose of division (B) 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 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) of this section. Presence of a village, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(E) For the purposes of division (C) of this section, the distance between any two sexually-oriented 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 structure in which each business is located.
(F) Any sexually-oriented business lawfully operating on November 1, 2006, that is in violation of divisions (A) through (F) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 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.
(G) 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, of a use listed in division (B) of this section within 1,000 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.
(H) All sexually-oriented businesses shall comply with the following sign requirements:
(1) All signs shall be permanent, located on premises and shall not exceed 72 square feet in area and shall not exceed 20 feet in height.
(2) No sign shall be equipped with lighting mechanisms capable of flashing.
(3) No merchandise or pictures of the products or entertainment on the premises shall be displayed on any sign, or in any window areas or any area where they can be viewed from the sidewalk.
(Ord. 06-381, passed 12-4-2006) Penalty, see § 10.99