(a) A person commits a misdemeanor if the person operates or causes to be operated. a special use business within 2,000 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 care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle school, 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 Code;
(4) A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, natural 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 and recreational authorities;
(5) The property line of a lot devoted to a residential use as defined in the Zoning Code;
(6) A restaurant or entertainment business which is oriented primarily towards children or family entertainment; or
(7) Another special use business.
(b) A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement or transfer or ownership or control of a special use business within 2000 feet of another private club, bar, liquor store, gambling establishment, or sexually oriented business.
(c) A person commits a misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one business requiring a special use permit in the same building, structure, or portion thereof, or the increase of the floor area of any business requiring a special use permit in any building, structure, or portion thereof containing another business requiring a special use permit.
(d) For the purposes of this section of the Code, measurement shall be made in a straight line, without regard to the intervening structure or objects from the nearest portion of the building or structure used as a part of the premises where a business requiring a special use permit is conducted to the nearest property line of the premises of a use listed in subsection (a) hereof. The presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirement of this section.
(e) A business requiring a special use permit, lawfully operating as a conforming use, is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a special use permit of a use listed in subsection (a) hereof within 2000 feet of the business requiring the special use permit. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
(Passed 5-6-04.)