Chapter 18.190 — SEXUALLY ORIENTED BUSINESSES

It is the intent of this chapter to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of sexually oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, youth organizations, and residential zones.

The city council finds that it has been demonstrated in various communities that the concentration of sexually 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.

It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their close proximity to incompatible uses, while permitting the location of sexually oriented businesses in certain areas. (Ord. 1083 § 2, 1997)

Words and phrases used in this chapter shall have the same meaning as words and phrases so defined in Title 5 , Chapter 5.110 , of the San Dimas Municipal Code. Notwithstanding, additional words and phrases used in this chapter shall be defined as follows, unless it is clearly apparent from the context that another meaning is intended:

"Church" means an establishment which is used primarily for religious worship and related religious activities.

"Establishment of a sexually oriented business" means and includes any of the following:

1. The opening or commencement of any sexually oriented business as a new business;

2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

3. The addition of any sexually oriented business to any other existing sexually oriented business; or

4. The relocation of any sexually oriented business.

"Freeway" means Interstate 10, Interstate 210, or State Route 30.

"Park" means a park, playground, swimming pool, lake, pier, reservoir, golf course or athletic field within the city which is under the control, operation or management of the city, county, state, or other public agency for recreational purposes.

"Residential zone" means any zone which allows single-family or multi-family residential uses as permitted or conditional uses, including single-family zones, multi-family zones, mobile home park zone, and residential specific plans. The term "residential zone" shall not include the AL (light agricultural) zone, or any commercial, administrative professional, or industrial zone based upon the allowance of senior citizen housing, dormitories associated with vocational or professional institutions of higher education, caretaker facilities, or living quarters for security personnel.

"School" means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes nursery schools, preschools, schools with any of the grades kindergarten through twelfth grade, or any special institution of education for minors, but it does not include vocational or professional institutions of higher education, including a community or junior college, college, or university.

"Youth organization" means a boys club, girls club, or similar youth organization which conducts youth activities on the subject site.

(Ord. 1083 § 2, 1997)

• A. Subject to the provisions of this chapter, sexually oriented businesses shall be permitted only in the M-1 zone and Area 4 of the creative growth zone, provided:

  1. Each sexually oriented business must, prior to the establishment or continuation of such business, apply for and receive a sexually oriented business permit pursuant to Title 5 , Chapter 5.110 of the Municipal Code.

  2. Each such use shall comply with all applicable development and design standards set forth in the underlying zone.

• B. Except as provided in subsection C of this section, a sexually oriented business shall not be established within:

Five hundred feet of any other sexually oriented business;

Five hundred feet of any residential zone or parcel with a residential use;

Five hundred feet of any existing church, school, park, or youth organization;

Two hundred feet of a major arterial; or

One hundred feet of a freeway.

The uses and zones set forth herein shall be collectively known as "impacted uses."

• C. A sexually oriented business may be established or located within five hundred feet, but no closer than one hundred feet, of impacted uses provided one or more of the following conditions exist:

  1. Impacted uses are separated from the sexually oriented business by a freeway which precludes all vehicular and pedestrian traffic between impacted uses and the sexually oriented business. In this situation, the freeway shall not contain an underpass, overpass, or bridge for pedestrian or vehicular use within five hundred feet of the nearest point of the building or tenant space of the sexually oriented business. An underpass, overpass, or bridge authorized for railroad purposes only shall not be considered a pedestrian or vehicle access route for the purposes of this chapter.

  2. Impacted uses are separated from the sexually oriented business by major topographical features which act as natural barriers. Major topographical features include a near vertical canyon and other major topographical features determined by the director of community development to constitute natural barriers.

• D. The distance set forth in subsections B and C shall be measured as a radius from the nearest point of the building or tenant space of the sexually oriented business to the property lines of impacted uses without regard to intervening structures. Notwithstanding, if an impacted use is located within a multi-tenant commercial or industrial complex with common parking facilities, the above distance shall be measured to the tenant space of the impacted use. The property line of a freeway or major arterial shall be the edge of the right-of-way.

• (Ord. 1083 § 2, 1997)

A sexually oriented business lawfully operating as a conforming use which becomes nonconforming due to subsequently enacted or subsequently adopted law, ordinance or regulation, shall be subject

to the provisions in Title 5 , Chapter 5.110 , Section 5.110.100 of the San Dimas Municipal Code. (Ord. 1083 § 2, 1997)