Section
1189.01 Purpose; findings and rationale
1189.02 Definitions
1189.03 Location of sexually oriented businesses
Cross-reference:
Sexually oriented businesses, see Chapter 723
(a) Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
(b) Findings and rationale. The findings and rationale shall be the same as set forth in Chapter 723 of the Business Regulation Code and hereby incorporated herein by reference.
(Ord. 2017-52, passed 5-15-2017)
For purposes of this chapter, the words and phrases defined hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.
PUBLIC BUILDING. Any building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes including, but not limited to, public libraries.
PUBLIC PARK OR RECREATION AREA. Public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, and wilderness areas, as well as public land within the city which is under the control, operation, or management of the city park and recreation authorities.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities.
SCHOOL. Any public or private educational facility including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. SCHOOL includes the school grounds, but does not include any facilities used primarily for another purpose and only incidentally as a school.
SEXUALLY ORIENTED BUSINESS. An “adult arcade,” an “adult bookstore,” an “adult motion picture theater,” a “semi-nude lounge,” or a “sex paraphernalia store” as those terms are defined in Chapter 723 of the Business Regulation Code.
(Ord. 2017-52, passed 5-15-2017)
(a) It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in Mason within 750 feet of another sexually oriented business. Measurements for this subsection (a) shall be made in a straight line without regard to intervening structures or objects, between the closest parts of the structures occupied by the two sexually oriented businesses. Where a sexually oriented business is within a multi-tenant development, the measurement shall be to or from the closest part of the tenant space occupied by the sexually oriented business.
(b) It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in Mason, unless said sexually oriented business is at least:
(1) Seven hundred fifty feet from the closest boundary of any residential zoning district;
(2) Seven hundred fifty feet from all parcels containing a residential structure;
(3) Seven hundred fifty feet from all parcels containing a public building, public park or recreation area, religious institution, or school; and
(4) Seven hundred fifty feet from all parcels containing a business that is licensed to serve alcohol and is not primarily engaged in the sale and service of food at the premises.
(c) For the purpose of subsection (b), measurements shall be made in a straight line from the closest part of any structure occupied by the sexually oriented business to the closest property line of the zoned property and uses identified in subsection (b) above. Where a use identified in subsection (b) is located in a multi-tenant development, the distance shall be measured to the closest part of the tenant space occupied by that use rather than the property line of the entire development, so as to maximize the number of locations available to adult establishments.
(d) The zoning and/or use of land in adjacent jurisdictions shall not disqualify any location within Mason from being available to an adult establishment.
(e) Notwithstanding any provision in the Mason Code of Ordinances to the contrary, a sexually oriented business in a location that satisfies the standards in this § 1189.03 shall not be deemed noncompliant with this section by virtue of the subsequent establishment or expansion of a land use or zoning district specified in this section.
(Ord. 2017-52, passed 5-15-2017)