(A) Sexually oriented businesses shall be prohibited in all of the city’s zoning districts except I-1, as defined and regulated in the Waverly Zoning Ordinance where such businesses shall be permitted, provided the conditions specified in the Zoning Ordinance and in this chapter are met.
(B) In the I-1 District, in which sexually oriented businesses are permitted uses, the following conditions shall be met prior to a sexually oriented business being allowed.
(1) No sexually oriented business shall be located within 1,000 feet of:
(a) A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(b) A public or private educational 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, 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;
(2) No sexually oriented business shall be located within 500 feet of:
(a) A boundary of a residential district as defined in the Zoning Ordinance;
(b) 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;
(c) A public theater;
(d) A public library;
(e) A shopping center; or
(f) A cemetery.
(3) The operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business may not occur within 1,000 feet of another sexually oriented business. In addition, there shall not be more than one sexually oriented business within a block front even if the block is greater than 1,000 feet in length.
(4) 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 is prohibited.
(5) For the purpose of divisions (B)(1) and (B)(2) 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 building or structure 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 in divisions (B)(1) and (B)(2). 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. Such distance shall be measured across property lines, regardless of ownership of the property.
(6) For purposes of division (B)(3) of this section, 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.
(Ord. 2002-08, passed 8-13-02)