§ 26-13. Locations and hours of operation of sexually oriented businesses.

(1)

The location of sexually oriented businesses is allowed in the city, subject to the distance and licensing requirements of this chapter.

(2)

Sexually oriented businesses may not be located within one thousand (1,000) feet of:

(a)

A church;

(b)

A public or private elementary or secondary school;

(c)

A boundary of a residential district as defined in this section;

(d)

A public park adjacent to a residential district as defined in this section;

(e)

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

(f)

Any location where children may gather.

(3)

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 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 to the nearest boundary of an affected public park, residential district, residential lot or any location where children may gather.

(4)

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 is 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.

(5)

Any sexually oriented business lawfully operating on the date of enactment of this chapter 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. 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(es) is nonconforming.

(6)

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, public or private elementary or secondary school, public park, residential district, residential lot or any location where children may gather within eight hundred (800) feet of the sexually oriented business. This provision applies only to 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.

(7)

No person shall conduct or operate a sexually oriented business between the hours of 10:00 p.m. to 8:00 a.m. of the following day.

(Ord. No. 08-105, 4-8-08)