The location of sexually oriented businesses shall comply with all of the regulations contained in this section.
(a) In order to minimize the potential negative secondary effects of sexually oriented businesses on residential districts and facilities where children are present, sexually oriented businesses shall, in addition to complying with the regulations in Chapters 1147 and 1163 and any other applicable regulations contained in the Codified Ordinances, shall be located in an I-2 district and a minimum distance of 1000 feet from:
(1) Any residential district or residential use;
(2) Any church or place of worship;
(3) Any public or private school, library, child day care facility, nursery school, preschool, or other similar use;
(4) Any public park, recreational trail or other similar use; or
(5) Another sexually oriented business.
(b) In order to minimize the potential negative secondary effects of sexually oriented businesses on children who are likely to travel through the intersection of Hampshire and Allen Roads, sexually oriented businesses shall be located no closer than 750 feet from the center point of the intersection of Hampshire and Allen Roads.
(c) In order to minimize the potential negative secondary effects of sexually oriented businesses on persons traveling on the public bike trail, no sexually oriented businesses shall be located on the west side of Allen Road considering the relative seclusion of the bike trail along the east side of State Route 8 and its accessibility to the rear of the properties along Allen Road.
(d) For the purposes of this chapter, 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 where sexually oriented business is conducted, to the nearest property line of any church or place of worship, public or private school, library, child day care facility, nursery school, preschool, or to the nearest boundary of an affected public park or recreational area, residential district, or residentially used lot.
(e) For the purposes of this chapter, 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.
(f) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by subsequent location of a church or place of worship, public or private school, child day care facility, nursery school, preschool, public park or recreational area, residential district, or a residentially used lot.
(Ord. 2007-222. Passed 1-10-08.)