§ 153.299. Sexually oriented business uses.

A.

A sexually oriented business may be located only in accordance with the following restrictions:

1.

No such business shall be located on any parcel within five hundred feet of any Class U-1 or U-2 District;

2.

No such business shall be located on any parcel within one thousand feet of any public library, private or public elementary or secondary school, public park or church;

3.

No such business shall be located on any parcel within one thousand feet of another sexually oriented business;

4.

Such businesses shall only be located in a Class U-3 or U-4 Use District.

B.

For the purposes of subsection A of this section, 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 religious facility or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.

C.

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.

D.

No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this section. Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value. Penalty, see § 153.199.

(Prior code § 153.111; Ord. 184-1996)