(a) A person commits an offense if he or she operates, or causes to be operated, an adult entertainment establishment within 1,000 feet of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a Residential, Multifamily or historical district, as defined in these Codified Ordinances;
(4) A public park; or
(5) The property line of a lot devoted to a residential or multifamily use, as defined in these Codified Ordinances.
(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 an adult entertainment establishment within 1,000 feet of another adult entertainment establishment. A person commits an offense if he or she causes or permits the operation, establishment or maintenance of more than one adult entertainment establishment in the same building, structure or portion thereof, or if he or she causes or permits the increase of floor area of any adult entertainment establishment in any building, structure or portion thereof containing another adult entertainment establishment.
(c) For the purpose of subsection (a) hereof, measurements 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 an adult entertainment establishment is conducted to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(d) For purposes of subsection (b) hereof, the distance between any two adult entertainment establishments 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.
(e) Any adult entertainment establishment lawfully operating on December 19, 1995, that is in violation of subsection (a), (b) or (c) hereof, shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed five years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If two or more adult entertainment establishments are within 1,000 feet of one another and are otherwise in a permissible location, the adult entertainment establishment which was first established and continually operating at a particular location is the conforming use and the later established businesses are nonconforming.
(f) An adult entertainment establishment lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult entertainment establishment license, of a church, public or private elementary or secondary school, public park, residential district or residential lot within 1,000 feet of the adult entertainment establishment. 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. 95-49. Passed 12-19-95.)