(a)

No sexually oriented business, as defined in Article VIII of Chapter 6 of the Code of Ordinances of the City of Melvindale, shall be permitted in any zoning district other than M-1 (Light manufacturing district), and M-2 (General manufacturing district), as defined and described in Chapter 24 of the City of Melvindale Code of Ordinances.

(b)

No sexually oriented business, as defined in Article VIII of Chapter 6 of the Code of Ordinances of the City of Melvindale, shall be permitted within 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 daycare facilities, nursery schools, preschools, kindergartens, elementary schools, middle schools, high schools, vocational schools, private 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 City of Melvindale Code of Ordinances;

(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 trail, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, golf course, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities;

(5)

A public library;

(6)

An area that has been designated as an historic area by the City of Melvindale, County of Wayne or State of Michigan;

(7)

The property line of a lot devoted to a residential use as defined in the City of Melvindale Code of Ordinances; or

(8)

An entertainment business which is oriented primarily toward children or family entertainment.

(c)

No sexually oriented business, as defined in Article VIII of Chapter 6 of the Code of Ordinances of the City of Melvindale, shall be permitted within 1,000 feet of another sexually oriented business.

(d)

No sexually oriented business, as defined in Article VIII of Chapter 6 of the Code of Ordinances of the City of Melvindale, shall be permitted in the same building, structure, or portion of any other 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 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). 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 closest exterior wall of the structure in which each business is located.

(g)

No merchandise, pictures or depictions of the products or entertainment on the premises shall be displayed in window areas or any areas where they can be viewed from a public sidewalk adjacent to the establishment.

(h)

Any sexually oriented business lawfully operating on the effective date of this article, that is in violation of subsection (a) through (g) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 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 or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and has continually operated at a particular location is the conforming use and the later established business(es) is/are nonconforming.

(i)

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 section within 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.

(Ord. No. 579, § 1, 11-19-97)