Chapter 18.60   ADULT-ORIENTED BUSINESSES

Sections:


18.60.010   Definitions.

For the purposes of this chapter, the following terms shall have the meaning respectively ascribed:

A.

Adult arcade means a movie arcade or game "penny" arcade which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

B.

Adult bookstore means an establishment which, as a principal business purpose, offers to customers books, magazines, films or videotapes "whether for viewing on or off premises," periodicals, or other printed or pictorial materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

C.

Adult cabaret means an establishment whose primary business is offering live entertainment to customers which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

D.

Adult novelty shop means an establishment which, as a principal business purpose, sells products which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

E.

Adult-oriented business means any arcade, adult bookstore, adult theater, adult novelty shop, adult cabaret, massage parlor, nude modeling studio, or any other similar commercial enterprise whose major business is the offering of service which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

F.

Adult theater means an establishment which, as a principal business purpose, exhibits to customers motion pictures which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

G.

Specified anatomical areas means:

1.

Less than completely covered (1) human genitals or public region, (2) buttocks, and (3) female breasts below a point immediately above the top of the areola;

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

H.

Specified sexual activities means:

1.

Human genitals in a state of sexual stimulation or arousal;

2.

Acts of human masturbation, sexual intercourse or sodomy;

3.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.60.020   Location of adult-oriented businesses.

A.

Permitted Where. An adult-oriented business shall only be allowed as a conditional use in the B/IP Business/Industrial Park or "I" Industrial Zones, or as a component of a master planned development.

B.

Relation to Other Adult-Oriented Businesses. Adult-oriented businesses shall not be located on any lot within one thousand feet of any lot on which there is located another adult-oriented business.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.60.030   Conditional use permit requirements.

An application for a conditional use permit for an adult-oriented business must meet the requirements of Chapter 18.08. In addition to such requirements, an application for a conditional use permit shall not be granted unless information is permitted by the applicant and/or is presented in a public hearing substantiates the following findings:

A.

The requested use at the proposed location will not adversely affect the use of religious institution, school, park, playground or similar use within a one-thousand foot radius;

B.

The requested use at the proposed location is sufficiently buffered in relation to residentially zoned areas within the immediate vicinity so as not to adversely affect said areas; and

C.

The exterior appearance of the structure will not be inconsistent with the external appearance of the commercial structures already constructed or in the course of construction within the immediate vicinity, so as to cause blight, deterioration or substantial depreciation in property values within the area.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.60.040   Business operation—Advertising restrictions.

For the purposes of this chapter, the following regulations shall apply to all adult-oriented businesses.

A.

Advertisement, displays or other promotional materials for an adult-oriented business which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semipublic places.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)