§ 9138.9. Adult Business.

In connection with an adult business, the following requirements shall be met:

• A. Location Standards.

  1. The use shall not be located on property that is either:

     • a. Within a project area of the Carson Redevelopment Agency and zoned Commercial General (CG); or

     • b. Within a mixed-use residential overlay district with mixed-use development located therein or improved with buildings or structures designed or intended for mixed-use occupancy.

  2. The use shall not be located within a one thousand (1,000) foot radius of any of the following:

     • a. Another adult business;

     • b. A public or private element elementary or secondary school;

     • c. A public park; or

     • d. The Carson Civic Center, as such term is defined in CMC § 9191.072 .

  3. The use shall not be located on any lot or parcel of land that has a front yard on the same or opposite side of the street as a lot or parcel of land that (1) is within the distance specified in the left column below, (2) is zoned or used for the purposes specified in the right column below, and (3) has a front yard abutting the same street:

4. For purposes of this Section, measurements shall be made in a straight line, without regard to intervening structure or objects, from the nearest property line of the property where an

adult business is to be conducted to the nearest property line of the premises of any facility, use or business referenced above in subsections (A)(2) and (A)(3) of this Section.

5. The distance requirements applicable to the uses specified in subsections (A)(2) and (A)(3) of this Section shall not apply to any adult business located within a covered mall building provided that all customer access to the adult business is from the mall. As used in this subsection the terms "covered mall building" and "mall" are as defined in Section 5601(c) of the 1991 Edition of the Uniform Building Code.

• B. Development and Performance Standards. Adult businesses shall comply with the following development and performance standards:

  1. Advertisements, displays or other promotional materials depicting or describing "nude" or "semi-nude" persons, as defined in CMC § 9191.411 , or "specified sexual activities," as defined in CMC § 9191.621 , or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be visible from other areas open to the general public.

  2. All building openings, entries and windows for an adult business shall be located, covered or screened in such a manner as to prevent a view of instruments, devices or paraphernalia which are designed for use in connection with ten (10) specified sexual activities from any area open to the general public.

3. All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises as to the extent such signs are required by state law.

   4. All entrances, exits, vehicular parking spaces, and yard areas for the adult business shall be developed such that they are directly visible from the public right-of-way unless the access thereto is physically restricted to employees only.

   5. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which the adult business is conducted.

• C. Procedural Standards. Notwithstanding the provisions of CMC § 9172.21 , the Commission shall hold a hearing on an application for a conditional use permit for an adult business within four (4) months of the date the application is deemed complete, and shall make a decision on the application within five (5) months of the date the application is deemed complete, unless an extension to these time limits is agreed to by the applicant.

• D. Required Findings. Notwithstanding the provisions of CMC § 9172.21(d)(1), the Planning Commission shall approve a Conditional Use Permit for an adult business if the Commission is able to make affirmative findings based on all of the following criteria:

  1. The proposed use and development are consistent with the General Plan and either comply with or are concurrently conditioned to comply with the location standards and development and performance standards set forth in this Section;

  2. The proposed site is adequate in size, shape and topography to accommodate the proposed use, the amount of vehicular parking spaces, and other improvements required by this Code;

  3. The proposed site has vehicular and pedestrian access to an improved roadway and the proposed use will not result in an unmitigated reduction in the level of service standard of traffic capacity on adjacent roadways; and

  4. The proposed site and use will be in compliance with all other objective development requirements as set forth in Divisions 5 and 6 of Part 3 of Chapter I of Article IX of this Code

and Part 6 of Chapter I of Article IX of this Code, to the extent such requirements are not in conflict with the provisions of this CMC § 9138.9 .

(Ord. 94-1037 § 6; Added by Ord. 94-1035U § 5)