(a)
The location of sexually oriented businesses is subject to the distance and licensing requirements of this article.
(b)
Sexually oriented businesses may not be located within one thousand (1,000) feet of:
(c)
Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the business or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property lines of the premises of a church, synagogue or regular place of religious worship or public or private elementary or secondary school or licensed day care center or the nearest boundary of an affected public park, residential or city commercial business district or residential lot.
(d)
The operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business shall be prohibited. The distance between any two (2) 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.
(e)
Any sexually oriented business lawfully operating on the date of enactment of Ordinance No. [011607] that is in violation of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three (3) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) 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. Two (2) or more sexually oriented businesses that are within one thousand (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 is nonconforming.
(f)
A sexually oriented business lawfully operating 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, synagogue or regular place of worship, public or private elementary or secondary school, licensed day care center, public park or residential or city commercial business district or residential lot within one thousand (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.
(Ordinance 011607, sec. 12, adopted 1/16/07; Ordinance adopting Code)