§ 23.04.400. Adult Businesses.

The purpose of this section is to establish a comprehensive set of regulations applicable to and regulating the location of adult businesses and similar and related uses in the unincorporated area of the County of San Luis Obispo. These regulations are in addition to all other provisions of this Title and apply to those land uses listed in Table O, Part I of the Land Use Element (e.g., bookstores, motion picture theaters, etc.) which, because of the emphasis or primary orientation of their stock-in-trade or services offered, constitute adult businesses as defined in this section. In the event that any of the provisions of this section conflict with other applicable provisions of this Title, the provisions of this section shall prevail.

a.

Regulated uses. In the development and adoption of this section, the Board of Supervisors find that adult businesses, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of these regulations is to prevent the concentration or clustering of these businesses in any one area.

b.

Definitions. In addition to the definitions contained in Chapter 23.11 of this Title, the following words and phrases shall, for the purposes of this section, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:

(1)

"Adult bookstore" shall mean an establishment having as a substantial or significant portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), or an establishment with a segment or section thereof devoted to the sale or display of such material.

(2)

"Adult business" shall mean any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, and model studio, but not including those uses or activities, the regulation of which is preempted by State law.

(3)

"Adult hotel or motel" shall mean a hotel, motel or other overnight establishment, which provides, through closed circuit television, or other media, material which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein.

(4)

"Adult motion picture arcade" shall mean an establishment to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "special sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein.

(5)

"Adult motion picture theater" shall mean an establishment in an enclosed building used for presenting material in the form of motion picture film, video tape, slides or other similar means, which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein.

(6)

"Cabaret" shall mean a bar, nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein.

(7)

"Material" relative to adult businesses, shall mean and include, but not be limited to, accessories, books, magazines, pamphlets, photographs, prints, drawings, paintings, motion pictures, and video tapes, or any combination thereof.

(8)

"Model studio" shall mean an establishment where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" (as defined below) are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by patrons paying such consideration or gratuity.

(9)

"Specified anatomical areas" shall mean:

(i)

Less than completely and opaquely covered:

(a)

human genitals, pubic region, and

(b)

buttock, and

(c)

female breast below a point immediately above the top of the areola; in combination with

(ii)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(10)

"Specified sexual activities" shall mean:

(i)

Human genitals in a state of sexual stimulation or arousal; or

(ii)

Acts of human masturbation, sexual intercourse, or sodomy; or

(iii)

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.

c.

Specific regulations. In those land use categories where adult businesses regulated by this section would otherwise be an allowed ("A") use, principal permitted ("PP") use or a special ("S") use under Coastal Table O, Part I of the Land Use Element, it shall be unlawful to cause or permit the establishment of any such adult business if the adult business is to be located:

(1)

Within five hundred (500) feet of any land located within any Residential category or residential zone district; or

(2)

Within one thousand (1000) feet of any other adult business; or

(3)

Within one thousand (1000) feet of any parcel on which there is located any public library or any public, private, or parochial school or preschool; or

(4)

Within one thousand (1000) feet of any parcel on which there is located a church or any noncommercial establishment operated by a bona fide religious organization; or

(5)

Within one thousand (1000) feet of any parcel or which there is located a city, district, county or state owned, operated and maintained public park, public playground, public beach or other public facility.

The "establishment" of any adult business shall include the opening of such a business as a new business, the relocation of such a business, the enlargement of such a business, or the conversion of an existing business location to any adult business use.

The "enlargement" of any adult business shall include an increase in the size of the building within which the adult business is conducted by either construction or use of an adjacent building or any portion thereof whether located on the same or an adjacent parcel of land.

d.

Measure of distance. The distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult business and any church, school, public library, public park, public playground, public recreational facility, Residential category, or residential zone district shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult business to the closest property line of the church, school, public library, public park, public playground, public recreational facility, Residential category, or residential zone district.

e.

Waiver of locational provisions. Any property owner or authorized agent may apply to the Planning Commission for waiver of the locational provisions for adult businesses set forth in subsection c. above.

(1)

Permit requirement: Development Plan approval is required for a waiver of the locational provisions set forth in subsection c. above.

(2)

Application content: The Development Plan application is to include a description of the proposed adult business and the reasons why the applicant feels that the location of the proposed business would be consistent with the requirements and objectives of this section.

(3)

Additional notice: The public notice required for a public hearing on a Development Plan by Section 23.01.060 shall include mailed notice to all owners of property located within 1,000 feet of the exterior boundaries of the parcel on which the adult business is proposed to be located. [Amended 1992, Ord. 2584]

(4)

Additional findings required: The Planning Commission may approve or conditionally approve a Development Plan to waive any of the locational provisions of this section if, in addition to the findings of fact required to be made by Section 23.02.034e(4) of this title, it makes findings of fact:

(i)

The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed.

(ii)

The proposed use will not enlarge or encourage the development of a "skid row" area.

(iii)

The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor with it interfere with any program of urban renewal.

f.

Severability. If any subsection, sentence, clause, phrase, or portion of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity or the constitutionality of the remaining portions of this section. The Board of Supervisors hereby declare that it would have passed this section and each subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.