A.
In
addition to the requirements of this section, no adult businesses
shall be established or located in any area in the City other than
the General Commercial Zone (GC) and the ER-C zone of the Encinitas
Ranch Specific Plan.
B.
In
those zoning district(s) where the adult businesses regulated by this
section would otherwise be permitted uses, it shall be unlawful to
establish any adult business if the location is within 750 feet of
any existing residential zone, park, religious institution, school,
or child day care facility. The distances set forth above shall be
measured between the nearest property line of the facility or tenant
space housing the adult business or the proposed adult business, and
the nearest property line included within the residential zone, park,
religious institution, school or child day care facility, along a
straight line extended between the two points.
C.
No
building permit or zoning clearance, business tax receipt, adult business
regulatory permit, or other permit or entitlement for use shall be
legally valid if issued to any adult business proposed to operate
or to be established in the City except if the zoning and locational
requirements set forth above are satisfied.
(Ord. 2002-02)
An adult business or establishment operating as a conforming use with an approved adult business regulatory permit from the City shall not be rendered a nonconforming use by the subsequent location of residential zones, religious institution(s), school(s), day care facility, or park(s) within the locational limitations of Section 30.26.010. For purposes of this section, a use shall be deemed to be subsequently located if it occurs following the date an application for an adult business regulatory permit is filed pursuant to Chapter 6.10.
(Ord. 2002-02)
The provisions of this section regulating adult businesses are
not intended to be exclusive, and compliance therewith shall not excuse
noncompliance with any other regulations pertaining to the operation
of businesses as adopted by the City Council of the City of Encinitas.
(Ord. 2002-02)
In addition to the penalties set forth in this title, any adult
business that is operating in violation of these provisions regulating
adult businesses is hereby declared to constitute a public nuisance
and, as such, may be abated or enjoined from further operation.
(Ord. 2002-02)
