§ 26-161. Location of businesses.

(a)

It shall be unlawful and a person commits a misdemeanor if he operates or causes to be operated a sexually-oriented business, regardless of whether or not a permit has been issued for said business under this article, within 500 feet of any area in the county zoned for residential purposes.

(b)

It shall be unlawful and a person commits a misdemeanor if he operates or causes to be operated a sexually-oriented business, regardless of whether or not a permit has been issued for said business under this article, within 1,000 feet of any church, synagogue, school, child care center or public recreation area in the county.

(c)

It shall be unlawful and a person commits a misdemeanor if he operates or causes to be operated a sexually-oriented business, regardless of whether or not a permit has been issued for said business under this article, within 1,500 feet of any other such regulated use.

(d)

It shall be unlawful and a person commits a misdemeanor if he causes or permits the operation, establishment or maintenance of more than one sexually-oriented business, regardless of whether or not a permit has been issued for said business under this article, in the same building, structure or portion thereof, or the increase of floor areas of any sexually-oriented business in any building, structure, or portion thereof, containing another sexually-oriented business.

(e)

For the purposes of this section, distances shall be measured in a straight line from property line to property line, along the shortest distance between property lines, without regard to the route of normal travel or intervening structures or objects. Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this article. Additionally, nothing in this article shall be construed to authorize, allow or permit the establishment or operation of any business, the performance of any activity, or the possession of any item, which is obscene under the statutorily and judicially established definitions of obscenity.

(f)

Any sexually-oriented business lawfully operating on September 3, 1991 that is in violation of this section shall be deemed a nonconforming use for purposes of this article. A nonconforming use will be permitted to continue for a period not to exceed 365 days unless sooner terminated for any reason or voluntarily discontinued for a period of 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 or more sexually-oriented businesses are within 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 is nonconforming.

(g)

Under subsection (f) of this section, the community development services division administrator or his designee may, in his reasonable discretion, grant an extension, not to exceed 365 days from the expiration of the 365-day period set forth in subsection (f) of this section, for continuation of the nonconforming use provided that the owner of the nonconforming use proves that he is unable to recoup his initial capital investment in the business (which is a nonconforming use) within 365 days from the effective date of the ordinance from which this article is derived.

(h)

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 permit of a church/synagogue, school, child care center, public recreation area or residential property within 1,000 feet of the sexually-oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.

(Ord. No. 91-83, § 8)