[R.O. 2011 § 665.060; R.O. 2009 § 158.010; Ord. No. 06-330, 12-14-2006]
A.
Sexually oriented businesses shall be permitted in any "I-2" Heavy Industrial District, provided that the sexually oriented business may not be operated within:
1.
One thousand (1,000) feet of a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
2.
One thousand (1,000) feet of a public or private educational facility including, but not limited to, licensed day care center, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school;
3.
One thousand (1,000) feet of a public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/bicycle paths, wilderness areas or other similar public land;
4.
One thousand (1,000) feet of the property line of a lot zoned for residential use as defined in Chapter 400 as "R-1C," "R-1D," "R-1E," "R-2," "R-3A" or "R-M" and being devoted to residential use;
5.
One thousand (1,000) feet of another sexually oriented business;
6.
One thousand (1,000) feet of any establishment that offers for sale alcoholic beverages for on-premises consumption or provides for on-premises consumption of alcoholic beverages; or
7.
One thousand (1,000) feet of the property line of any lot designated for residential use on a development plan approved under a "PD-R" Planned Development –Residential, "PD-MU" Planned Development – Mixed Use or "PD-RF" Planned Development – Riverfront Zoning District.
B.
A sexually oriented business may not be operated in the same building, structure or portion thereof containing another sexually oriented business.
C.
For the purpose of this Chapter, 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 boundary of the premises described in Subsections (A)(1) and (2); or to the nearest property boundary described in Subsections (A)(3), (4) and (7).