Chapter 17.40 — ADULT-ORIENTED BUSINESS REGULATIONS

A.

Intent. It is the intent of this chapter and Municipal Code Chapter 17.30 to provide special design guidelines, standards, and development regulations to regulate the time, place, and manner of the operation of adult-oriented businesses in order to minimize the negative secondary effects associated with these businesses including, but not limited to, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses, including religious facilities, parks, playgrounds, schools, and residentially zoned districts or uses. The council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere.

B.

Purpose. It is, therefore, the purpose of this chapter to:

Establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while allowing the location of adult-oriented businesses in certain areas; and

2.

Regulate adult-oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city.

C.

Restriction on Content and Access Not Intended. The provisions of this chapter and Municipal Code Chapter 17.30> have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First

Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

Definitions of the technical terms and phrases used in this chapter are under "adult oriented business" in Article 10 (Glossary).

A.

Allowed Zones. Subject to the limitations set forth in this chapter, adult-oriented businesses may be established where allowed by Article 2 (Zones, Allowable Uses, and Zone Standards).

B.

Specified Distance Separation Requirements. Notwithstanding the above, no adult-oriented business shall be established or located within certain distances of certain specified land uses or zones as set forth below. No adult-oriented business shall be established or located within:

1.

A one thousand-foot radius from any existing residential zone or use. The distance between a proposed adult-oriented business use and a residential zone or use shall be measured from the nearest exterior walls of the facilities housing the adult-oriented business use or proposed adult-oriented business use to the nearest property line included within a residential zone or property in current residential use, along a straight line extended between the two points; or

2.

One thousand feet of any other adult-oriented business as defined in this chapter which is located either inside or outside the jurisdiction of the city. The distance between the two adult-oriented business uses shall be measured between the nearest exterior walls of the facilities housing the adult-oriented business use and proposed adult-oriented business use along a straight line extended between the two uses; or

3.

One thousand feet of any public or duly licensed private school attended primarily by minors which is located either inside or outside the jurisdiction of the City of Grass Valley. The distance between a proposed adult-oriented business use and school use, shall be measured from the nearest exterior wall of the facility housing the adult-oriented business use or proposed adult-oriented business use to the nearest property line where the school use is located, along a straight line extended between the two points; or

4.

One thousand feet of any developed park, public playground or recreational facility frequented or utilized by minors, of any public library, or of any church or other religious facility that conducts religious education classes for minors. The distance between a proposed adult-oriented business use and park, public playground or recreational facility frequented or utilized by minors, of any public library, or of any church or other religious facility that conducts religious education classes for minors, shall be measured from the nearest exterior wall of the facility housing the adult-oriented business use or proposed adult-oriented business use to the nearest property line where the park, public playground or recreational facility frequented or utilized by minors, of any public library, or of any church or other religious facility that conducts religious education classes for minors is located, along a straight line extended between the two points.

C.

Separation Requirements also Apply to Specified Uses or Districts Outside of the City. The above distance limitations shall also apply to residential districts or uses and parks, playgrounds, schools, and church uses or property so designated in the general plan land use element of an adjacent jurisdiction.

The establishment of an adult-oriented business shall first require the approval by the city of an adultoriented business permit in compliance with Municipal Code Chapter 5.10.