(A) Sexually-oriented businesses shall not be required to obtain a conditional use permit or special use permit.
(B) The following shall apply only to sexually-oriented businesses not established prior to the effective date of this chapter: it shall be unlawful to establish, operate or cause to be operated a sexually-oriented business in the city unless said sexually-oriented business is at least:
(1) Seven hundred fifty feet from any parcel occupied by another sexually-oriented business or by a business licensed by the state to sell alcohol at the premises; and
(2) Seven hundred fifty feet from any parcel occupied by a house of worship, day-care center, public or private elementary or secondary school, public park or any residence.
(C) For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of any structure, including signs and roof overhangs, used in conjunction with a sexually-oriented business to the closest point on a property boundary or right-of-way associated with any of the land use(s) identified in divisions (B)(1) through (B)(2) above.
(D) If the sexually-oriented business use, lot or occupancy that existed prior to enactment of this chapter is discontinued for more than one year for any reason, the City Commissioners may adopt, after notice by registered or certified mail to the property owners, an amortization schedule to bring about the gradual elimination of the nonconforming use, lot or occupancy.
(Ord. 226, passed 11-24-2005) Penalty, see § 112.99