Chapter 17.50 — ADULT-ORIENTED BUSINESS REGULATIONS

Sections:

17.50.010 Intent and Purpose

17.50.020 Definitions 17.50.030 Prohibited Areas and Minimum Proximity Requirements 17.50.040 Compliance with Municipal Code Required

A. Intent. It is the intent of this chapter 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:

1. 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 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 in Municipal Code Chapter 5.08 (Adult Businesses).

A. CH (Heavy Commercial). Subject to the limitations set forth in this chapter, adult-oriented businesses may be established in the CH (Heavy Commercial) zone.

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 zoning districts as set forth below. No adult-oriented business shall be established or located:

1. Within a 300-foot radius from any existing residential zoning district or use. The distance between a proposed adult-oriented business use and a residential zoning district 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 zoning district or property in current residential use, along a straight line extended between the two points.

2. Within 500 feet of any other adult-oriented business as defined in this chapter which is located either inside or outside the jurisdiction of the City of Seaside. 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.

3. Within 500 feet from any existing park, playground, religious facility, or school use or property zoned Open Space (OSR or OSC) or Public/Institutional (PI). The distance between a proposed adult-oriented business use and park, playground, religious facility, or school use or property zoned Open Space (OSR or OSC) or Public/Institutional (PI), 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, playground, religious facility, or school use is located, or property zoned Open Space (OSR or OSC) or Public/Institutional (PI) 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 religious facility uses or property so designated in the General Plan Land Use Element of an adjacent jurisdiction.

An adult-oriented business shall comply with all applicable permit requirements, operating standards, and other applicable requirements of Municipal Code Chapter 5.08.

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