§ 20-1080. Location of business.

(a)

In addition to the licensing requirements of chapter 10 of this Code, sexually oriented businesses shall not be located within 500 feet of:

(1)

A public or private elementary or secondary school;

(2)

A licensed day care center;

(3)

A residential district;

(4)

A multifamily residential building.

(5)

A public park adjacent to a residential district;

(6)

A church;

(7)

City hall;

(8)

Public libraries; or

(9)

Another sexually oriented business.

(b)

For the purposes of subsection (a), measurement 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 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 licensed day care center, or to the nearest boundary of an affected public park, residential district, or residential lot, or the nearest portion of a building or structure used for multifamily residential which is not located within a residential district.

(c)

For purposes of subsection (b) of this section, the distance between any two 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.

(d)

Any sexually oriented business lawfully operating on the effective date of this ordinance that is in violation of subsections (a), (b), or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue. 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 sexually oriented businesses are within 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 nonconforming.

(e)

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 or residential district listed in subsection (a) of this section within 500 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.

(Ord. No. 377, § 129, 5-24-04)