(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 I-1 or I-2, as defined, and described, in Chapter 156.
(B) A person commits an offense 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, educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, prate schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose, and only incidentally as a school;
(3) A boundary of a residential district, as defined in Chapter 156; 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 that is under the control, operation, or management of the city park and recreation authorities;
(4) The property line of a lot devoted to a residential use, as defined in Chapter 156;
(5) An entertainment business which is oriented primarily toward children or family entertainment; or
(6) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state.
(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 1,000 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 division (B) above, 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 herein. 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 division (C) above, 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 January 1, 2000, that is in violation of this section, shall be deemed a non-conforming use. The non-conforming 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. The non-conforming 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 1,000 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) are non-conforming.
(H) A sexually-oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant, or renewal, of the sexually-oriented business license, of a use listed in division (A) above, 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.
(Prior Code, § 11.70)