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(a) A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than light manufacturing or general manufacturing, as defined and described in Chapter 1139.
(b) The establishment and/or operation of a sexually oriented business is strictly prohibited in the Central Business District as defined in Section 1149.04(f) and in any zoning district except light manufacturing or general manufacturing as indicated in subsection (a) hereof. A person commits a misdemeanor if the person attempts or operates or causes to be operated a sexually oriented business within a 750 foot radius 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, kindergarten, elementary schools, private schools, intermediate school, 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 defined in the Zoning Ordinance;
(4) 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 City which is under the control, operation, or management of the City Park and Recreation authorities;
(5) The property line of a lot devoted to a residential use as defined in the Zoning Ordinance;
(6) An entertainment business which is oriented primarily towards children or family entertainment; or
(7) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State.
(8) Late night businesses such as a laundromat, movie theater, bars or taverns.
(c) A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1000 feet of another sexually oriented business.
(d) A person commits a misdemeanor 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.
(e) For the purpose of subsection (b) hereof, 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 subsection (b) hereof. Presence of a City, County or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(f) For purposes of subsection (c) hereof, 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 the structure in which each business is located.
(g) Any sexually oriented business lawfully operating on September 13, 1999, that is in violation of subsections (a) through (f) hereof shall be deemed a nonconforming use. The nonconforming use will be permitted to continue unless sooner terminated for any reason or voluntarily discontinued for a period of one (1) year or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1000 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(es) is/are nonconforming.
(Ord. 00-165. Passed 4-24-00.)