(A) No person shall operate or cause to be operated a sexually oriented business in any zoning district other than I-1 (Light Industrial) or I-2 (Heavy Industrial), as defined and described in this chapter, nor shall any person operate or cause to be operated a sexually oriented business without a conditional use permit which meets all of the requirements set forth in Chapter 19.20 and this chapter.
(B) No person shall operate or cause to be operated a sexually oriented business within one thousand (1,000) 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 child day care facilities, 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 zoning district as defined in this chapter;
(4) 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, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities;
(5) The property line of a lot devoted to a residential use;
(6) An entertainment business which is oriented primarily towards children or family entertainment; or
(7) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state.
(C) No person shall cause or permit the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within two hundred (200) feet of another sexually oriented business.
(D) No person shall cause or permit the operation, establishment, or maintenance of more than one (1) 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 purposes of the one thousand (1,000) foot restriction referenced in subsection (B) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection (B) of this section. 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 the two hundred foot (200) requirement referenced in subsection (C) of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located. (Ord. No. 494, § 2, 7-3-01; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-68(D))