§ 4. LOCATION OF SEXUALLY ORIENTED BUSINESSES

(a)

A person commits an offense if he establishes, operates or causes to be operated, or expands a sexually oriented business within one thousand (1,000) feet without regard to city boundaries, of:

(1)

A church or synagogue;

(2)

A public or private elementary or secondary school or licensed day-care center;

(3)

A boundary of a residential district;

(4)

A public park;

(5)

A public library;

(6)

The property line of a line devoted to a residential use as defined in this ordinance; or

(7)

A another sexually oriented business.

(b)

A person commits an offense if he establishes, operates, or causes to be operated, a sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

(c)

For the purposes of subsection (a), measurements shall be made in a straight line, without regard to intervening structure or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a residential use, church, synagogue, public or private elementary or secondary school, licensed day-care center, public library, or to the nearest boundary of a public park or residential lot.

(d)

For the purposes of subsection (a) 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 or from the wall from the tenant space occupied, as applicable.

(e)

Any sexually oriented business lawfully operating on the effective date of this ordinance that is in violation of the location requirements of Subsections (a) or (b) shall be deemed a nonconforming use. A nonconforming use under this subsection shall not increase, enlarge, 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 (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)

Any sexually oriented business lawfully operating after the effective date of this ordinance that later becomes a nonconforming use because of an amendment to the regulations in this ordinance or any other ordinance or law shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

(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 church, synagogue, public or private elementary or secondary school, licensed day-care center, public park, public library, or a 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.

(Ord. No. 2006-09, Sec. 4, adopted 8-15-06)