Artesia Municipal Code Art. 37 Adult-Oriented Businesses

Editor's Note: Prior ordinance history includes portions of Ordinance No. 330.

The purpose of this article is to prevent community-wide adverse secondary effects which can be brought about by: (i) the concentration of adult-oriented businesses; and (ii) the close proximity of adult-oriented businesses to incompatible uses such as schools for minors, religious institutions, parks and residential uses. These adverse secondary effects include, but are not limited to: depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise, and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses. The provisions of this article have neither the purpose nor intended effect of: (i) imposing a limitation or restriction on the content of any communicative material; (ii) denying access by adults to constitutionally protected adult-oriented materials; or (iii) denying access by distributors or exhibitors of adultoriented materials or entertainment to their intended market.

(Ord. 549, § 16)

(a) An adult-oriented business may be located in the Services and Professional Zone (C-S-P), the General Commercial Zone (C-G) and the Heavy Manufacturing and Industrial (M-2) Zone, provided such business complies with all of the following requirements:

(1) The adult-oriented business is not within 250 feet of any other adult-oriented business located within or outside the City; and

(2) The adult-oriented business is not within 500 feet of any residential use located within or outside the City; and

(3) The adult-oriented business is not within 500 feet of any park, religious institution or school located within or outside the City.

(b) The distances set forth above shall be measured as a straight line from the primary entrance of the adult-oriented business to the property line of the property so used without regard to intervening structures, except with respect to the distance between two adult-oriented businesses, in which case the measurement shall be taken from the primary entrance of each such business.

(Ord. 549, § 17; Ord. 582, § 23)