§ 14-155. Location restrictions.

Sexually oriented businesses not already lawfully operating on the effective date of this division shall be permitted only in zoning districts Commercial Heavy (C-5), Industrial Moderate (I-2) and Industrial Heavy (I-3), subject to the following:

(1)

The sexually oriented business may not be operated within:

a.

One thousand (1,000) feet of a church or other place of public worship;

b.

One thousand (1,000) feet of a public or private elementary, secondary, or post-secondary school;

c.

One thousand (1,000) feet of a public park;

d.

One thousand (1,000) feet of a hospital;

e.

One thousand (1,000) feet of a licensed day-care center;

f.

One thousand (1,000) feet of an entertainment business that is oriented primarily towards children;

g.

One thousand (1,000) feet of a residence;

h.

One thousand (1,000) feet of another sexually oriented business;

i.

One thousand (1,000) feet of a playground;

j.

One thousand (1,000) feet of a public library;

k.

One thousand (1,000) feet of a recreational area or facility;

l.

One thousand (1,000) feet of a walking trail; or

m.

One thousand (1,000) feet of a child care facility.

These provisions, subsections (1)a. through (1)m., shall not apply to a sexually oriented business already lawfully operating on the effective date of this division if a church or other place of worship, or a public or private elementary, secondary, or post-secondary school, or any public park, or any hospital, or any licensed day-care center, or any entertainment business that is oriented primarily towards children, or any residence, or a playground, or a public library, or a recreational area or facility, or a walking trail, or a child care facility is subsequently established within one thousand (1,000) feet.

(2)

Any legally established sexually oriented business, which would otherwise become non-conforming because of a zone change or the establishment of another use, may continue to operate in the same location if such zone change or new use is not caused by or is not the fault of the sexually oriented business.

(3)

A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business classified pursuant to section 14-144.

(4)

For the purpose of this division, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property of the premises where a sexually oriented business is conducted, to the nearest property line of a church or other place of public worship; public or private elementary, secondary or post-secondary school; public park; hospital; licensed day care center; entertainment business that is oriented primarily towards children; boundary of any residential district; other sexually oriented business; playground; public library; recreational area or facility; and a walking trail or child care facility.

(Ord. No. 38-12, § 2, 5-15-12; Ord. No. 85-12, § 1, 11-20-12)