88.0710 Establishment of a Sexually-Oriented Business

The establishment of a sexually-oriented business shall be permitted only in the IC Land Use District as set forth in Section 84.0370 of Volume II (Land Use and Development) of the Yucaipa Municipal Code, subject to the following regulations:

(a) A sexually-oriented business shall not be established or located within one hundred (100) feet of:

(1) Any zone or land use district (of an adjacent jurisdiction) which contains the word “residential” or its equivalent (of the adjacent jurisdiction);

(2) Any residential use or residential zone;

(3) Any religious institution, or property zoned, planned or otherwise designated for such use by city action, where a construction or use approval has been issued by the city prior to the city’s receipt of an application for a sexuallyoriented business permit;

(4) Any funeral parlor, mortuary, cemetery, or similar facility where religious services are regularly conducted, or property zoned, planned or otherwise designated for such use by the city action, where a construction or use approval has been issued by the city prior to the city’s receipt of an application for sexually-oriented business permit;

(5) Any school, public park, or public or private playground, or other recreational facility where minors congregate, or property zoned, planned or otherwise designated for such use by city action, where a construction or use approval has been issued by the prior to the city’s receipt of an application for a sexually-oriented business permit;

(6) Any existing sexually-oriented business. If two (2) or more existing sexually-oriented businesses are located in closer proximity to each other than one hundred (100) feet, in determining which of the businesses is nonconforming, preference shall be given in the order of the respective lengths of continuous uninterrupted operation of the businesses. (b) The locational standards set forth in subsection (a), (1) through (6), inclusive, of this section shall pertain to legally established land uses in adjacent jurisdictions.

(c) Each such sexually-oriented business must, prior to commencement or continuation or substantial enlargement of such business, first apply for and receive sexually-oriented business license in accordance with the provisions of Article 12 of Chapter 3 of Division 3, of Volume II of the Yucaipa Municipal Code.

(d) Where two or more sexually-oriented business applications are submitted for businesses which would be located in closer proximity to each other than one hundred (100) feet, the application which was accepted first in time shall be processed by the city, with any later submitted applications deemed nonconforming until such time as a determination is made by the city on the initial application. (Amended by Ord. 196 § 5(part), 2000)