(A) Sexually oriented businesses may be allowed subject to the following:
(1) No sexually oriented business may be operated within 500 feet of:
(a) A church;
(b) A public or private elementary, secondary or post-secondary school, pre-school, or child care facility;
(c) A public park.
(2) No sexually oriented business may be operated:
(a) Within 200 feet of a boundary of a residential area of any residential use, public hotel or motel; or
(b) Within 400 feet of a residential area or any residential use as measured by automobile travel distance from the exit of a sexually oriented business property to the property line of the residential area or use.
(3) No sexually oriented business may be operated within 1,000 feet of another sexually oriented business or within 200 feet of any room, building, premises, place or establishment that sells or dispenses alcohol or beer.
(4) For the purposes of subsection (1), measurement 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 part of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(B) A lawfully operating sexually oriented business shall not be rendered illegal by the subsequent location of a church, a public or private school, a pre-school, a child care facility, a public park, residential area, or residential uses.
(Ord. 2004-26, passed 10-19-04)
(1) No sexually oriented business may be operated within 500 feet of:
(a) A church;
(b) A public or private elementary, secondary or post-secondary school, pre-school, or child care facility;
(c) A public park.
(2) No sexually oriented business may be operated:
(a) Within 200 feet of a boundary of a residential area of any residential use, public hotel or motel; or
(b) Within 400 feet of a residential area or any residential use as measured by automobile travel distance from the exit of a sexually oriented business property to the property line of the residential area or use.
(3) No sexually oriented business may be operated within 1,000 feet of another sexually oriented business or within 200 feet of any room, building, premises, place or establishment that sells or dispenses alcohol or beer.
(4) For the purposes of subsection (1), measurement 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 part of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(B) A lawfully operating sexually oriented business shall not be rendered illegal by the subsequent location of a church, a public or private school, a pre-school, a child care facility, a public park, residential area, or residential uses.
(Ord. 2004-26, passed 10-19-04)