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(A) All adult entertainment facilities must comply with all of the following regulations:
(1) An adult entertainment establishment may not be located within 1,000 feet of another existing adult entertainment establishment.
(2) An adult entertainment establishment may not be located within 1,000 feet of any pre-existing agricultural or residential zoning district.
(3) An adult entertainment establishment may not be located within 3,000 feet of a pre-existing school, day care center, cemetery, public park, forest preserve, public housing, religious assembly use, or residential dwelling unit.
(4) An adult entertainment establishment may not be located in a structure that contains another business that sells or dispenses alcoholic beverages in any manner.
(5) For the purpose of these regulations, measurements must be made in a straight line, without regard to intervening structures or objects, from the property line of the proposed adult entertainment establishment to the nearest property line of another adult entertainment establishment, school, day care center, cemetery, public park, forest preserve, public housing, religious assembly use, residential dwelling unit or agricultural or residential zoning district boundary.
(6) The adult entertainment establishment must comply with all requirements of the county ordinance establishing licensing regulations for adult entertainment establishments.
(7) Adult entertainment facilities may be approved as a special use in the I-3 zoning district, in accordance with the special use permit procedures of § 155-16.40. They are prohibited in all other zoning districts.
(B) Any adult entertainment facility lawfully established before and operating on June 19, 2008 that is in violation of the regulations of division (A) of this section is deemed a nonconforming use. The nonconforming use is permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for 30 days or more. The nonconforming use may not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more adult entertainment facilities are within 1,000 feet of one another and otherwise in a permissible location, the adult entertainment facility that was first established and continually operating at a particular location is the conforming use and the later-established adult entertainment facility is the nonconforming use.
(Ord. effective 10-1-2012)