(A) Sexually oriented businesses are permitted as set forth in § 150.15, provided that the proposed location is more than 500 feet from the following uses (hereinafter referred to as “sensitive uses”):
(2) Any single family dwelling, two-family dwelling or multi-family dwelling, as defined in § 150.03, or as similarly defined in the zoning code of any adjacent political subdivision, whether or not such use is conforming or nonconforming, in or adjacent to the city;
(3) Any adult foster care home, bed and breakfast, boarding house, rooming house, lodging house or dormitory, child day care or nursery school, group home, hotel, motel, nursery, nursing home, public use (except administrative, cultural and service buildings), recreational facility or tavern, as such uses are defined in § 150.03, or are similarly defined in the zoning code of any adjacent political subdivision, whether or not such use is conforming or nonconforming, in or adjacent to the city;
(4) Any place of worship, public library or school (including without limitation public, private or parochial preschools, kindergartens, elementary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, technical schools, community schools, charter schools, junior colleges, and universities), whether or not such use is conforming or nonconforming, in or adjacent to the city;
(5) For purposes of this section:
(a) PLACE OF WORSHIP means an institution that a congregation of people regularly attend to participate in or hold religious services, meetings and other activities, including buildings in which the religious services, meetings and other activities, including buildings in which the religious service of any denomination are regularly held.
(b) The measure of distance shall be from the outermost wall of the structure or proposed structure of the sexually oriented business that is nearest to the applicable sensitive use, to the property line of the applicable sensitive use, along the shortest possible course, without regard to intervening structures or objects, regardless of any customary or common route or path of travel.
(B) In reviewing an application for a zoning certificate for a sexually oriented business and determining whether to issue a zoning certificate, the Zoning Inspector shall consider only whether:
(1) The sexually oriented business is seeking to locate in an I-2 (General Industrial) District: and
(2) The proposed location of the sexually oriented business is at least 500 feet from the sensitive uses listed in division (A) above.
(Ord. 02-02-009, passed 2-25-2002; Ord. 02-02-003, passed 2-25-2003)