§ 20.80.030. Prohibition of certain uses within two hundred feet of residentially zoned property or within five hundred feet of schools.

A.

The purpose of this section is to prevent the adverse effect of the location of certain uses of real property, specifically adult book/video stores, adult motion picture theaters, adult entertainment establishment, and massage parlors, in close proximity to residentially zoned property or schools.

B.

Notwithstanding anything elsewhere in this Code to the contrary, no lot or parcel of property in any zoning district or any building or structure thereon or any portion thereof, shall be used for an adult book/video store, adult motion picture theater, adult entertainment establishment or massage parlor at a location closer than two hundred feet to any lot or parcel, within or outside the city, situated in a residential district or TM district, except that a massage parlor meeting all of the following criteria may be located at a distance closer than two hundred feet to a lot or parcel, within or outside the city, situated in a residential district or TM district:

1.

The massage parlor is located on a commercial site that is at least thirty-five acres in size; and

2.

The commercial site has a general plan designation of regional commercial; and

3.

The massage parlor is fully contained within a commercial center or facility, which center or facility has an aggregate square footage of at least two hundred fifty thousand square feet.

C.

Notwithstanding anything elsewhere in this Code to the contrary, no lot or parcel of property in any zoning district or any building or structure thereon or any portion thereof, shall be used for an adult book/video store, adult motion picture theater, adult entertainment establishment or massage parlor at a location closer than five hundred feet from any school, college or university within or outside the city.

D.

For purposes of this section, a "commercial site" means an area comprising a group of contiguous parcels of land that was or is being developed under a single planning process and coordinated implementation, such as a single permit, that addresses uses and development on the entirety of the contiguous parcels within the area. Contiguous parcels does not include parcels separated by a public right-of-way.

(Ords. 26248, 26705.)