Chapter 19.60 — ADULT BUSINESSES AND MASSAGE ESTABLISHMENTS

• (a) Adult business establishments, as defined in Chapter 9.40, shall be allowed in addition to other uses permitted in the M-S and M-3 zoning districts, subject to the requirements of this chapter.

• (b) Adult business establishments are prohibited uses in all other zoning districts.

• (c) For purposes of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this chapter shall have the same meanings given them in Chapters 9.40 and 9.41 of this code.

• (Prior zoning code § 19.76.010; Ord. 2623-99 § 1; Ord. 3064-15 § 5)

• (a) The purpose of this chapter is to provide reasonable regulations to prevent the adverse effect of the concentration or clustering of certain uses of real property, specifically adult business establishments. Such uses have serious objectionable characteristics when several of them are located in close proximity to each other. Such concentration tends to create a "skid-row" atmosphere and has a detrimental effect upon the adjacent area. Regulation of the locations of these uses is necessary to insure that such adverse effects will not contribute to the blight or downgrading of neighborhoods or interfere with the development and operation of hotels, motels, lodging houses and other businesses which are needed and desirable in the city.

• (b) Notwithstanding anything elsewhere in this code to the contrary, except the provisions of Section 19.60.040 relating to nonconforming uses, no lot or parcel or property in any zoning district or any building or structure thereon or any portion thereof shall be used for an adult business establishment at a location closer than two hundred feet to any other lot, parcel or property, within or outside the city boundaries, on which an adult business establishment is located.

• (c) The regulations set forth in this section are intended to be in addition to and not in lieu of other regulations of this code applicable to any of the above specified uses, and, unless specifically provided, shall not be deemed to repeal or amend any other provision or provisions of this code which are applicable to the above mentioned uses or activities, nor be deemed to excuse noncompliance with any such other provisions.

• (Prior zoning code § 19.76.020; Ord. 2623-99 § 1)

§ 19.60.030. Prohibition of certain uses from residential zoned property, churches, schools and parks.

• (a) The purpose of this section is to prevent the adverse secondary effects of the location of certain uses of real property, specifically adult business establishments, in any zoning district which is in close proximity to and/or serves residentially zoned property, churches, schools and parks. Regulations restricting the location of such uses with reference to residentially zoned property, and church, school or park property are reasonably necessary to prevent such deleterious effects, as described in the findings set forth in Section

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City of Sunnyvale, CA § 19.60.030

SUNNYVALE CODE

§ 19.60.040

9.41.010, and incorporated by reference herein.

• (b) Notwithstanding anything elsewhere in this code to the contrary, except the provisions of Section 19.60.040 of this chapter and subsection (c) of this section, no lot or parcel or property in any zoning district or any building or structure thereon or any portion thereof shall be used for an adult business establishment at a location closer than one thousand feet to any residentially zoned lot or parcel of property; or to any church, synagogue or place of worship; or to any public or private school providing educational services to students at any level from kindergarten through the twelfth grade, inclusive; or to any park, whether any such residentially zoned property, church, school or park is situated within or outside the city.

• (c) For purposes of subsection (b) of this section, a lot, parcel, building or structure shall not be deemed to be closer than one thousand feet from another lot, parcel, building or structure when they are separated from one another by a state freeway.

• (d) The regulations set forth in this section are intended to be in addition to and not in lieu of other regulations of this code applicable to any of the above specified uses, and, unless specifically provided, shall not be deemed to repeal or amend any other provision or provisions of this code which are applicable to the above mentioned uses or activities, nor be deemed to excuse noncompliance with any such other provisions.

• (Prior zoning code § 19.76.030; Ord. 2623-99 § 1)

• (a) An adult business establishment lawfully existing on a lot shall not be deemed to be in violation of Section 19.60.020(b) due to the subsequent establishment of an adult business establishment on another lot in violation of the locational limitations of Section 19.60.020(b), or in violation of Section 19.60.030(b) due to the subsequent establishment of residential zoning or a church, synagogue or place of worship, school or park within one thousand feet of such adult business establishment.

• (b) For the purpose of determining compliance with Sections 19.60.010, 19.60.020 and 19.60.030 as to, between and with respect to adult business establishments in operation as of January 14, 1999, priority between such existing establishments shall be assigned in accordance with the dates upon which the establishments commenced such operation, priority being given to the establishment having the earliest of such dates, provided the adult business establishment was at all relevant times in full compliance with the applicable provisions of Chapter 9.40 in effect at the time, or as amended. In the event any dispute arises regarding the date, the applicant shall have the obligation to establish the date on which the adult business establishment commenced operation.

• (Prior zoning code § 19.76.040; Ord. 2623-99 § 1)

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City of Sunnyvale, CA