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A. Purpose. The purpose of this subsection is to regulate adult businesses by establishing reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.

B. Applicability.

1. Adult businesses are permitted, subject to a conditional use permit, only in the heavy industrial land use zone district.

C. Definitions.

“Adult-oriented business” means any business establishment or concern which as a regular and substantial course of conduct operates as an adult arcade, adult bookstore, adult cabaret, adult dance studio, adult hotel/motel, adult modeling studio, adult theater; any business establishment or concern which as a regular and substantial course of conduct sells or distributes or offers for sale or distribution sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. “Adult-oriented business” does not include those uses or activities, the regulation of which is preempted by state law.

D. Development Standards.

1. Location Requirements.

a. No adult-oriented business shall be established or located in any area in the city other than the I-H Heavy Industrial zone, subject to a conditional use permit approval. In those locations where the adult-oriented businesses regulated by this subsection would otherwise be permitted uses, it shall be unlawful to establish any adult-oriented business or substantially enlarge an existing adult-oriented business if the location is:

i. Within two thousand feet of another such business.

ii. Within one thousand feet of any religious institution, school, or public park.

iii. Within one thousand feet of any property designated for residential use or used for residential purposes.

b. Measurement of Distance. The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest structural wall of each business. The distance between any adult entertainment business and any religious institution, school or public park or any property designated for residential use or used for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the religious institution, school or public park or any property designated for residential use or used for residential purposes. (Ord. 706 § 3 (Exh. A), 2019).