(A) Purpose. The purpose and intent of this section is to provide for the orderly regulation of adult businesses in furtherance of the health, safety and welfare of persons residing and doing business in the city. It is specifically determined that adult businesses, by their nature, may have a deleterious effect upon adjacent uses, particularly when several adult businesses are concentrated together. Special regulation of these businesses is therefore necessary to ensure that these adverse effects will not contribute to the blighting and downgrading of surrounding neighborhoods.
(B) Definitions.
ADULT BUSINESS. Shall include all of the following:
(a) ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its stock in trade, material which is distinguished or characterized by its emphasis on matters depicting, describing or related to “specialized sexual activity” or “specified anatomical areas,” or an establishment with a segment or section thereof devoted to the sale or display of such material.
(b) ADULT HOTEL or ADULT MOTEL. A hotel or a motel wherein material is presented through closed circuit television or other media which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical area.”
(c) ADULT THEATER. A theater which presents live entertainment or motion pictures or slide photographs which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activity”, or “specified anatomical areas.”
(d) MODEL STUDIO. Any business where, for any form of consideration or gratuity, figure models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.
(e) Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating “specified sexual activities” or “specified anatomical areas.”
SPECIFIED ANATOMICAL AREAS. Shall include the following:
(a) Less than completely and opaquely covered human genitals, pubic region; buttocks; and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Shall include the following:
(a) Human male genitals in a state of sexual stimulation, arousal or tumescence; or
(b) Actual or simulated acts of human masturbation, sexual intercourse or sodomy; or
(c) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.
(C) Distance regulations.
(1) In those land use districts where adult businesses regulated by this chapter would otherwise be permitted or conditionally permitted uses, it shall be unlawful to establish any such adult business if the location is:
(a) Within 500 feet of any area zoned for residential use; or
(b) Within 1,000 feet of any other adult business;
(c) Within 1,000 feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization.
(2) For purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the property where an adult business is to be conducted to the nearest property line of the premise of any facility, use or business referenced in division (C)(1) of this section.
(3) The establishment of an adult business shall include the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult business use.
(D) Development and performance standards.
(1) Adult businesses shall comply with the following development and performance standards:
(a) Advertisements, displays or other promotional materials depicting or describing nude or semi- nude persons, as defined in division (B) of this section, or specified sexual activities, as defined in division (B) of this section, or displaying instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities shall not be shown or exhibited so as to be visible from other areas open to the general public.
(b) All building openings, entries and windows for an adult business shall be located, covered or screened in such a manner as to prevent a view of instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities from any area open to the general public.
(c) All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises as to the extent such signs are required by state law not to exceed 18 inches x 18 inches.
(d) All entrances, exits, vehicular parking spaces, and yard areas for the adult business shall be developed such that they are directly visible from the public right-of-way unless the access thereto is physically restricted to employees only.
(e) No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which the adult business is conducted.
(E) Required conditional use permit findings.
(1) The Planning Commission shall approve a conditional use permit for an adult business if the Commission is able to make affirmative findings based on all of the following criteria:
(a) The proposed use and development are consistent with the General Plan and either comply with or are concurrently conditioned to comply with the location standards and development and performance set forth in this section;
(b) The proposed site is adequate in size, shape and topography to accommodate the proposed use, the amount of vehicular parking spaces, and other improvements required by this code;
(c) The proposed site has vehicular and pedestrian access to an improved roadway and the proposed use will not result in an unmitigated reduction in the level of service standard of traffic capacity on adjacent roadways; and
(d) The proposed site use will be in compliance with all other objective development requirements as set forth in this Title 17 to the extent such requirements are not in conflict with the provisions of this section.
(`83 Code, § 17.44.010) (Ord. 94-03 § 6, 1994; Ord. 2011-05 § 15, 2011)