Chapter 17.104 — ADULT OR SEXUALLY ORIENTED BUSINESSES

It is the intent of this chapter to prevent adverse economic impact to the businesses and residents of the City, and to take steps to minimize potential increased crime, increased incidence of communicable disease, decreased property values, and the deterioration of neighborhoods which can be brought about by the increase in the number of adult or sexually oriented businesses, or their location in close proximity to each other, or their proximity to other uses that are not compatible with adult or sexually oriented businesses. The City Council finds that it has been demonstrated in various communities that the concentration of adult or sexually oriented businesses causes a depreciation in property values, an increase in the number of transients in the area, an increase in crime, an increase in noise, litter, and vandalism, and in addition to the effects described above, can cause other businesses to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent any increase in the number of, and any further concentration of adult or sexually oriented businesses, or their close proximity to incompatible uses, while permitting the existence of existing adult or sexually oriented businesses in certain limited areas. The requirements and regulations set forth in this chapter are in addition to the requirements

set forth in Chapters 5.08 , "Business Licenses," and 5.40, "Adult or Sexually Oriented Businesses," which set forth requirements for obtaining a business license. (Prior code § 26.7.1)

As used herein, the terms and phrases shall have the same meaning as defined in Sections 5.04.010 and 5.40.020 of this Code.

(Prior code § 26.7.2)

Adult or sexually oriented businesses shall be permitted only in the C-2 Overlay Zone. (Prior code § 26.7.3-1)

No adult or sexually oriented business shall be opened as a new business, converted from an existing business, established, located, expanded, or operated within certain distances of certain specified land uses as set forth below:

• A. No adult or sexually oriented business shall be established on a lot located within 1,000 feet of any other lot containing an adult or sexually oriented business, whether such other lot is located inside or outside the City limits. The required minimum distance between any two adult or sexually oriented businesses shall be measured along the street, whether public or private, from the nearest side or rear lot lines of the lots upon which such uses are located.

• B. No person shall cause or permit the establishment or maintenance of more than one adult or sexually oriented business on the same property.

• C. No such business shall be established or located within 1,000 feet of any residence, public park, recreational area, public building, religious use, school, boys' club, girls' club, or similar existing youth organization, bar, pool hall, or liquor store, whether such other use is located inside or outside the City limits. The required minimum distance between an adult or sexually oriented business and such other specified uses shall be measured along the street, whether public or private, from the nearest side or rear lot lines, of the lots upon which such uses are located.

• (Prior code § 26.7.3-2)