§ 64-4. Location of sexually oriented businesses.

A. 

No sexually oriented business may be located or operated 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 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 district as defined in the City of Fairfax 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 pools, 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) 

A public theater;

(6) 

A shopping center; or

(7) 

An airport.

B. 

Location near other sexually oriented businesses. The operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business may not occur within 1,000 feet of another sexually oriented business. In addition, there shall not be more than one sexually oriented business within a block front even if said block is greater than 1,000 feet in length.

C. 

Multiple uses or enlargement of uses. The operation, establishment, or maintenance of more than one 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, is prohibited.

D. 

Measurement from certain uses. For the purpose 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 as sexually oriented business is conducted, to the nearest property line of the premises of a use listed in 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. Such distance shall be measured across property lines, regardless of ownership of the property.

E. 

Measurement between sexually oriented businesses. For purposes of Subsection B, 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.

F. 

Nonconforming use. Any sexually oriented business lawfully operating on September 3, 2002, that is in violation of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue until 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 continually operating at a particular location is the conforming use and the later established business(es) is/are nonconforming.