A.
A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than industrial established and highway business established zoning districts, as defined and described in Chapter 24 of the Evanston City Code.
B.
A person commits an offense if the person operated
or caused to be operated a sexually oriented business within five
hundred feet of:
(1)
A church, synagogue, mosque, temple or building which
is used primarily for religious worship and related religious activities;
(2)
A public or private educational facility including
but not limited to 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 grounds, but does not
include facilities used primarily for another purpose and only incidentally
as a school;
(3)
A boundary of a residential district as defined in
City of Evanston zoning ordinance;
(4)
A boundary of a public district as defined in City
of Evanston zoning ordinance or a public library;
(5)
The property line of a lot devoted to a residential
use.
C.
A person commits a misdemeanor if that person causes
or permits the operation, establishment, substantial enlargement,
or transfer of ownership or control of a sexually oriented business
within five hundred feet of another sexually oriented business.
D.
A person commits a misdemeanor if that person causes
or permits the operation, establishment, or maintenance of more than
one sexually oriented business in the same building, structure, or
portion thereof, or the increase of floor area of any sexually oriented
business in any building, structure, or portion thereof containing
another sexually oriented business.
E.
For the purpose of subsection B of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the property line of the lot or parcel containing the premises where a sexually oriented business is conducted, to the nearest property line of the lot or parcel of the premises, of a use listed in subsection B. Presence of a City, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
F.
For purposes of subsection C of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the property line of the lot or parcel in which each business is located.
