§ 42-121. Location of adult use establishments.

(a)

No adult use establishment, including an adult bookstore operating only as an adult bookstore, may be located within 400 feet of any residential zoned property, or any portion of a mixed use zoning district developed and utilized as residential, nor within 400 feet of any church, school, child care facility or public recreation area which is validly located or has previously received legal authority to so locate.

(b)

No adult use business establishment may be located within 400 feet of any other adult use.

(c)

The distance requirements under subsections (a) and (b) of this section shall be measured along a straight line from the nearest residential zoning district or the nearest property line of the church, school, child care facility, public recreation area or adult use to the closest property line of the adult use. In a multitenant or multiuser building, such as a shopping center, such distance requirement shall be measured from the unit or closest portion of the building or structure utilized by and containing or being utilized by any facet of the adult use establishment.

(d)

Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this article. Additionally, nothing in this article 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.

(Ord. No. 90-65, § 5.1, 7-24-90; Ord. No. 91-8, art. 6, 1-29-91)