(A) 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;
(2) A school;
(3) A child care facility;
(4) A boundary of a residential district;
(5) A public park;
(6) The property line of a lot devoted to residential use; or
(7) Any building or structure in which alcoholic beverages are offered for sale.
(B) A person commits an offense if he or she causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business located within 1,000 feet of another sexually oriented business.
(C) A person commits an offense if he or she 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.
(D) For the purpose of division (A) of this section, 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 a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church, school, child care facility or building or structure in which alcoholic beverages are offered for sale, or to the nearest boundary of an affected public park, residential district, or residential lot.
(E) For the purposes of division (B) of this section, 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) Any sexually oriented business lawfully operating on the effective date of this chapter that is in violation of divisions (A), (B) or (C) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 12 months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming use 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) is nonconforming.
(G) A sexually oriented business lawfully operated as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, school, child care facility, public park, residential district or residential lot, or any building or structure in which alcoholic beverages are offered for sale, 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 has been revoked.
(Ord. 884, passed 11- -02)