Chapter 19.80


19.80.010    Purpose.

19.80.020    License required.

19.80.030    Adult use development standards.

19.80.010 Purpose.

In the development and adoption of Chapter 19.80 SVMC, the City recognized that there are adult entertainment uses which, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and schools, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the establishments are minimized.

Chapter 19.80 SVMC is intended to protect the general public health, safety, and welfare through the regulation of the operations and licensing of the adult entertainment devices, premises, and personnel of adult entertainment establishments. The provisions of Chapter 19.80 SVMC have neither the purpose nor effect of imposing a limitation or restriction on the content of any constitutionally protected, sexually oriented, or explicit communicative materials, or communicative performances. The regulations set forth herein are intended to prevent and control health, safety, and welfare issues, the decline in neighborhood conditions in and around adult entertainment establishments, and to prevent dangerous and unlawful conduct associated with these facilities. Chapter 19.80 SVMC may not be construed as permitting or promoting obscene conduct or materials. (Ord. 16-018 § 6 (Att. B), 2016).

19.80.020 License required.

Licensing requirements for adult uses are contained in Chapter 5.10 SVMC, Adult Entertainment Establishments. (Ord. 16-018 § 6 (Att. B), 2016).

19.80.030 Adult use development standards.

A. There shall be five existing acres of contiguous (includes across streets) zoning classified Regional Commercial.

B. The use shall be located or maintained at least 1,000 feet from the nearest property line of the uses listed in SVMC 19.80.030(B)(1) through (6). Distance shall be measured from the nearest property line of the adult retail use establishment or adult entertainment establishment(s) to the nearest property line of the following preexisting uses:

1. Public library;

2. Public playground or park;

3. Public or private school and its grounds of kindergarten to twelfth grade;

4. Nursery school, mini-day care center, or day care center;

5. Church, convent, monastery, synagogue, or other place of religious worship;

6. Another adult use subject to the provisions of SVMC 19.80.030.

C. An adult retail use establishment or adult entertainment establishment(s) shall not be located within 1,000 feet of an urban growth area boundary or within 1,000 feet of any of the following zones:

1. R-1, Single-Family Residential Estate;

2. R-2, Single-Family Residential Suburban;

3. R-3, Single-Family Residential;

4. R-4, Single-Family Residential Urban;

5. MFR, Multifamily Residential;

6. MU, Mixed Use;

7. CMU, Corridor Mixed Use; or

8. NC, Neighborhood Commercial. (Ord. 21-010 § 7, 2021; Ord. 16-018 § 6 (Att. B), 2016).