Santa Rosa Zoning Code Ch. 20-40 Adult Entertainment

The provisions of this Chapter are intended 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, parks and residentially zoned districts or uses. The 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. 3677 § 1, 2004)

Where allowed by Division 2 (Zoning Districts and Allowable Land Uses), existing and proposed adult entertainment businesses shall comply with the standards of this Chapter.

A business constitutes a sexually-oriented business where the business offers or advertises merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas as defined in Division 7 (Glossary).

(Ord. 3677 § 1, 2004)

No sexually-oriented business shall be established or located in the City unless:

A.

The business is located 500 feet or more from any residence or residential use or zone, park, church or school existing at the time an application for a permit to open a sexually oriented business is filed with the City; or

B.

The business is located in a shopping center of more than 300,000 square feet gross building area, and the business is established or located more than 500 feet from any other sexually oriented business.

The distance referred to in Subsection A shall be measured as a radius from the primary entrance of the sexually oriented business to the property lines of the property so zoned or used without regard to intervening structures. The distance referred to in Subsection B shall be measured from the primary entrance of one business to the primary entrance of the other without regard to intervening structures. Therefore it is possible that more than one sexually-oriented business may occur within the same described shopping center so long as the 500 feet distance between them is achieved.