It is the purpose of this Chapter to regulate adult-oriented
businesses in order to promote the health, safety, and general welfare
of the residents of the city, and to establish reasonable and uniform
regulations to prevent the deleterious location and concentration
of adult-oriented businesses within the city. The provisions of this
Chapter have neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials. Similarly,
it is not the intent or effect of this ordinance to restrict or deny
access by adults to adult-oriented materials protected by the First
Amendment, or to deny access by distributors and exhibitors of adult
entertainment or adult-oriented materials to their intended market.
In addition, it is not the intent or effect of this ordinance to condone
or legitimize the distribution of obscene material.
(Ord. 1501 § 1, 2011)
The regulations and standards contained in this Chapter shall apply to the establishment of any adult-oriented businesses as defined by Chapter 17.24 (Allowed Use Definitions) in the city and shall be in addition to any other development standards and regulations contained elsewhere within this Zoning Code. The establishment of any adult-oriented business shall include the opening of such a business as a new business, the relocation of such a business, or the conversion of an existing business location to any adult-oriented use. Note that additional definitions relative to adult-oriented businesses are listed in Section 17.100.020 (Adult Business Definitions).
(Ord. 1501 § 1, 2011)
Adult-oriented businesses regulated by this Chapter shall only be permitted in accordance with Article II (Zoning Districts, Allowed Uses, and Development Standards) and subject to the special regulations outlined in Section 17.70.040 (Special Standards) of this Chapter. These requirements are in addition to other permits of certificates required by law.
(Ord. 1501 § 1, 2011)
Prior to the establishment of an adult-oriented business, the
following requirements shall be met:
A.
Location Standards. For the purposes of this Chapter, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as a part of the premises where said adult-oriented business is conducted to the nearest property line of any lot or premises of uses specified in Section 17.70.040(A)(3), or to the nearest point of any building or structure used as part of the premises of any other adult-oriented business.
1.
Adult-oriented
business shall be more than 300 feet from any area zoned for residential
use.
2.
Adult-oriented
business shall be more than 1,000 feet from any other adult entertainment
business located inside or outside of city limits.
3.
Adult-oriented
business shall be more than 500 feet from any public or private school,
day care, park, playground, library, museum, government office, or
assembly use.
B.
In
any adult theater, the entire interior of the premises where the pictures
are to be viewed shall be visible upon entrance to such premises;
in addition, no viewing booths or areas shall be partially or fully
enclosed or concealed.
C.
No
person shall place, maintain, display, or exhibit any material in
a manner which exposes to public view photographs or illustrations
of specified sexual activities or of poses which emphasize or direct
the viewer's attention to specified anatomical areas. As used herein,
exposes to public view means exposes to the view of persons outside
the building on which said material is placed, maintained, or displayed.
(Ord. 1501 § 1, 2011)
