Chapter 18.29
ADULT-ORIENTED BUSINESSES

Sections:

18.29.010    Purposes.

18.29.020    Definitions.

18.29.030    Reserved.

18.29.040    Distance requirements.

18.29.050    Enforcement.

18.29.010 Purposes.

The purpose of this chapter is to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can result from the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as private and public educational facilities for minors, places of religious assembly or worship, public parks and recreation areas, and residentially zoned districts or uses. The City 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, an increase in crime and blight, and also causes 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 adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

In view of the various adverse secondary effects associated with adult-oriented businesses, this chapter shall be implemented in conjunction with Chapter 11.02 DMC, which establishes licensing criteria sufficient to ensure the protection of the public health, safety and general welfare. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15-002 § 57.]

18.29.020 Definitions.

Terms used in this chapter and not otherwise defined in DMC 18.02.010 shall have the meanings set forth in DMC 11.02.210, as those definitions may be amended from time to time. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.29.030 Reserved.

[Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.29.040 Distance requirements.

An adult-oriented business may be established, located, or operated only in the zoning districts in which it is expressly listed as a conditional or permitted use, and only subject to each and every one (1) of the following:

A. The adult-oriented business shall be located at least one thousand (1,000) feet away from:

1. A church, synagogue, mosque, temple or building or portion of a building or structure which is used for religious worship or related religious activities;

2. The boundary of any residentially zoned land, whether in the City, in an adjoining city, or within an unincorporated area;

3. Any public park, or recreational area, or property zoned, planned, or otherwise designated for such use by City action, including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball or tennis courts, or other similar public land within the City which is under the control, operation, or management of the City or park and recreation authorities;

4. Any public or private educational facility including but not limited to child day care facilities, libraries, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools. This category of uses does not include vocational or professional institutions of higher education including but not limited to community or junior colleges, colleges and universities;

5. Youth-oriented establishments which are characterized by any or all of the following: (a) the establishment advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or (b) the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors; or

6. Any boys’ club, girls’ club, or similar youth organization.

7. The uses and zones set forth in subsections (A)(1) through (6) of this section shall be collectively known as “sensitive uses.” The distance between an adult-oriented business and a “sensitive use” shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the building or structure, or a portion of the building or structure, in which the adult-oriented business is located to the boundary of the property on which the building or structure, or portion of the building or structure, in which the “sensitive use” occurs or is located.

B. The adult-oriented business shall not be located within five hundred (500) feet of more than one (1) other adult-oriented business, whether in the City, in an adjoining city, or within an unincorporated area. The distance between any two (2) adult-oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the building or structure, or portion of the building or structure, in which each adult-oriented business is located.

C. If any portion of the building or structure in which the adult-oriented business is located fails to meet the distance criteria set forth in subsections A and B of this section, the entire building or structure shall be ineligible for an adult-oriented business use.

D. The presence or existence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

E. The distance criteria set forth in this section must be satisfied as of the date a complete application for a general business license, development plan review, or a building permit is submitted to the City, whichever occurs first. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (28).]

18.29.050 Enforcement.

A. Separate Offense for Each Day. Any person who knowingly violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.

B. Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the City.

C. Criminal Penalties. Any person who knowingly violates, causes, or permits another person to violate any provision of this chapter commits an infraction. Any person convicted of an infraction shall be subject to a fine to the maximum amount permitted by State law. Any person twice convicted of an infraction for repeat violations of the same provision within a one (1) year period may be charged with a misdemeanor upon being issued a citation for the repeated violation of the same provision. Any person convicted of a misdemeanor shall be subject to punishment to the maximum permitted by State law.

Pursuant to Cal. Gov’t Code § 36900(a), the City Attorney may prosecute these violations in the name of the people of the State of California.

D. Civil Injunction. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.

E. Administrative Penalties. In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative penalties, as set forth by City ordinance. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]