Article 18-12 LOCATION OF SEXUALLY ORIENTED BUSINESSES
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, as defined and described in the Clarkdale Zoning Code. (See Town of Clarkdale Zoning Code.)
B. A person commits an offense if the person operates or causes 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, charter 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 the Clarkdale Zoning Code;
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 Town which is under the control, operation, or management of the Town park and recreation authorities, or which has been designated as open space or similar space for use by the general public;
5. The property line of a lot devoted to a residential use as defined in the Clarkdale Zoning Code;
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, other than the licensed premises in which the sexually oriented business is located.
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 (500) feet of another sexually oriented business; or within one thousand (1,000) feet of two (2) other sexually oriented businesses.
D. A person commits a misdemeanor if that person causes or permits 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 the purpose of subsection B of this article, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the property line containing a 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 article. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this article.
F. For purposes of subsection C of this article, 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 property line in which each business is located.
G. Any sexually oriented business lawfully operating on February 10, 1998, that is in violation of subsections A through F of this article shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses 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 five hundred (500) feet 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 business(es) is/are nonconforming.
H. A sexually oriented business lawfully operating 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 use listed in subsection B of this article within five hundred (500) feet 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 been revoked. [Prior code Art. 18-12.]