98-038 ORD PROVIDING THAT ORDINANCE NO 1710 BE AMENDED BY ADDING ARTICLE SIX OF CHAPTER 21 TO BE NUMBERED SECTIONS 21-125 THROUGH 21-149 OF SAID ORDINANCE

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(b) A person commits an offense if he or she causes or permits the operation, establishment, substantial enlargement, or transfer or ownership or control of a sexually oriented business located within one thousand feet (1,000') of another sexually oriented business. (c) A person cammits an offense if he or she causes or permits the operation, establishment, or maintenance of more than one (1) sexually oriented businesses 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. (d) For the purpose 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 church, school, child care facility or building or structure in which alcoholic beverages are offered for sale, or to the nearest boundary of an affected public park, residential district, or residential lot. (e) For the purposes of Subsection (b) of this section, the distance between any two (2) 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. ( fl Any sexually oriented business lawfully operating on the effective date of this Ordinance that is in violation of Subsections (a), (b), or (c) of this Section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed twelve ( 12) months, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand feet (1,000') of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later- established businesses is nonconforming. (g) A sexually oriented business lawfully operated as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, school, child care facility, public park, residential district, or residential lot, or any building or structure in which alcoholic beverages are offered for sale, within one thousand feet (1,000') of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.