§ 122-1200. Adult use establishments.

(a)

Adult use establishments shall be permitted in the B-5 wholesale business district, subject to the following locational criteria:

(1)

No adult use establishment, including an adult bookstore operating only as an adult bookstore, may be located within 500 feet of any A-1, R-1, R-1A, R-1AA, R-2, R-3, RO, RBH, RZL, MH, INST or G-U district or any residential use, or within 500 feet of any church/place of worship, private or public school, day care facility, park/open space area, indoor recreation facility or commercial recreation facility (indoor or outdoor) which is validly located or has previously received legal authority to locate.

(2)

The distance requirements shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from any entrance regularly used by patrons of the adult use establishment to the nearest property line of the zoning districts or uses identified in subsection (a)(1) of this section.

(3)

Distance requirements between adult uses.

a.

No adult use establishment may be located within 500 feet of any other adult use establishment.

b.

If a court determines that the distance requirement between adult use establishments in the foregoing subsection fails to leave open reasonably adequate alternatives to communication as required by applicable law (e.g. City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986), such distance requirement shall be unenforceable but the remainder of this section shall not be affected, it being the intent of the city council adopting this subsection that the distance requirement between adult uses be severable from the remainder of the provisions of this section.

(4)

The distance requirements between two adult use establishments shall be measured by following the shortest route of ordinary pedestrian travel along the principal streets in the area between the main entrances of the establishments.

(b)

Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any section in chapter 10, article III. Additionally, nothing in this section or chapter 10, article III shall be construed to authorize, allow or permit the establishment of any business, the performance of any activity, or the possession of any item which is obscene under the judicially established definition of obscenity.

(c)

An existing adult use establishment shall adhere to the requirements in section 10-173, pertaining to nonconforming adult use establishments.

(d)

An adult use establishment shall adhere to the requirements in section 10-202, pertaining to hours of operation.

(Code 1985, § 7-1022; Ord. No. 2513, § 3, 3-21-95; Ord. No. 5152, § 2, 3-13-03)

Cross reference

Adult entertainment, § 10-71 et seq.