§ 8-315. Location; distance restrictions.

(a)

A sexually oriented business shall be located within the appropriate, specific zoning district as set forth in the zoning regulations of chapter 38.

(b)

A person commits an offense if he establishes, operates or causes to be operated or expanded sexually oriented businesses within 1,500 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, special education schools, junior colleges, and universities. The term "public or private educational facility," used in this section, includes any building used for home schools. The term "school," as used in this section 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 the zoning regulations of chapter 38;

(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 walking 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;

(5)

An entertainment business which is oriented primarily towards children or family entertainment; or

(6)

Any premises licensed pursuant to the alcoholic beverage control regulations of the state.

(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 1,500 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 or structure.

(e)

For the purpose of subsection (b) 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 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. The 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 the purpose of subsection (c) 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 or political boundaries, from the closest exterior wall of the structure in which each business is located.

(Ord. No. 051007, § 5.01, 5-10-2007)