(a) This article prohibits any person, entity or business from establishing, operating, or causing to be operated, an exotic entertainment 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, funeral home;
(2) A public or private education facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools,junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, colleges and universities. The term schools includes the school grounds but does not include facilities used primarily for another purpose and only incidentally as a school;
(3) Community building or center;
(4) A public park or recreational area which has been designated for park or recreational activities including, but not limited to, public parks, playgrounds, natural trails, swimming pools, reservoirs, athletic fields, basketball or tennis courts, public wilderness areas or other similar public lands, all of which are considered public parks or public recreational areas;
(5) Hotel, motel, campground, bed and breakfast.
(6) The nearest property line of any primarily residential area.
(b) This article also prohibits the causing or permitting of the operation, establishment, or substantial enlargement or transfer of ownership or control of an exotic entertainment business within 2,000 feet of another exotic entertainment business.
(c) This article also prohibits the causing or permitting of the operation, establishment or maintenance of more than one exotic entertainment business, in the same building, structure or portion thereof or the increase of floor area of any exotic entertainment business in any building, structure or portion thereof containing an already existing exotic entertainment business.
(d) For the purpose of this section, measurement shall be made in a straight line without regard to the intervening structures or objects, from the nearest portion of the property line, building or structure used as the part of the premises where an exotic entertainment business is conducted, to the nearest property line of the premises of a use listed in this section. 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.
(e) For purposes of this section, the distance between any two exotic entertainment businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest property line in which each business is located.
(f) An exotic entertainment business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the establishment of such exotic entertainment business, of a use listed in this section within 2,000 feet of the exotic entertainment business.
(g) In the event of the partial or total loss of any existing exotic entertainment business due to fire, flood, accident or any other unforeseen act, that business structure may be repaired or replaced and the business use of that structure may continue notwithstanding the existence of this article. Any such repair or replacement will be limited to restoring or replacing the damaged or lost structure with a building not more than fifteen percent (15%) larger than the previous structure, as measured in square footage; and any substantial enlargement of the business structure will subject the structure to this article.
(h) In the event of a complete transfer of ownership or control of any exotic entertainment business, the building or structure in which such business is housed shall become subject to the provisions of this article without the protections of any grandfather or similar clause. Further, only establishments which regularly feature those activities set forth in Section 753.01 shall be subject to the grandfather provisions of this section. For the purpose of this section, regularly shall mean at least on a weekly basis.
(i) In the event of a revocation of the business or liquor license of an exotic entertainment business, the building or structure in which the business is housed shall become subject to the provisions of this article.
(Passed 3-27-06.)