§ 18A-45. Location of sexually oriented businesses.

(a)

A person commits an offense if that person operates or causes to be operated a sexually oriented business in any zoning district other than an M-1 or M-2 district as defined and described in the land development ordinance.

(b)

A person commits an offense if the person operates or causes to be operated a sexually oriented business within two thousand (2,000) feet of:

(1)

A church;

(2)

A public or private elementary or secondary school;

(3)

A boundary of any residential district;

(4)

A public park;

(5)

A boundary of any district zoned AG, R-S, R-1, R-1A, R-1-MH, RSM, R-2, R-3, R-O, B-1, B-1R, CBD, B-3, B-4, MXD;

(c)

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 within one thousand five hundred (1,500) feet of another sexually oriented business.

(d)

For the purposes of subsection (b), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line where a sexually oriented business 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.

(e)

For the purposes of subsection (c) of this section, the distance between two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line in which the businesses are located.

(f)

Any sexually oriented business lawfully operating on the effective date of this ordinance which is in violation of subsections (a) or (b) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one (1) year, 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. If two (2) or more sexually oriented businesses are within one thousand [five hundred] (1,500) 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/are nonconforming.

(g)

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 use listed in subsection (b) of this section 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 is made for a license after the applicant's previous license has expired or been revoked.

(Ord. No. 2002-O-212, § 1, 9-3-02; Ord. No. 2013-O-024, § 1, 3-18-13)