(A) Sexually oriented businesses shall be permitted in C-2 General Business Districts, provided that the applicant obtains a license and site plan approval and it is determined that the sexually oriented business will not be located within 500 feet of the following:
(1) A church;
(2) A public or private elementary or secondary school;
(3) The boundary of a residential zoning district;
(4) A public park;
(5) The property line of a lot in residential use;
(6) An existing sexually oriented business; and
(7) A child care facility.
(B) The Planning Commission shall have the discretion to reduce the distancing requirements if it makes the following findings:
(1) The location of the proposed sexually oriented business will not have a substantial detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) The granting of the exemption will not violate the spirit and intent of this chapter of the zoning regulations;
(3) The location of the proposed sexually oriented business will not likely downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(4) The location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any urban renewal or restoration efforts; and
(5) All other applicable provisions of this chapter will be observed.
(C) A person is in violation of this chapter if he or she causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business.
(D) A person is in violation of this chapter if he or she 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 substantial enlargement of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
(E) For the purposes of division (A) above, 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 a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, child care facility, or to the nearest boundary of an affected public park, residential district, or residential lot.
(F) For purposes of division (A) above, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(G) Any business now classified as a sexually oriented business lawfully operating on the effective date of this chapter, that is in violation of divisions (A), (B) or (C) above shall be deemed a nonconforming use. The nonconforming use will be permitted to continued, provided that the operator apply for and is issued a sexually oriented business license with the township. Licenses for existing sexually oriented businesses may be administratively approved, provided that the requirements of § 110.05 are satisfied.
(H) 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 church, public or private elementary or secondary school, public park, residential district, child care facility, or residential lot within 500 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 has been revoked.
(Prior Code, § 49.113) (Ord. 71601, eff. 8-15-2001)