Agenda - Planning Commission - 12/07/2006

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must be treated the same as that for a popular bookstore. The section that follow offers sug- gestions for the content of sex business regula- tions. ZONING Zoning provisions for sex businesses should include the following: . A purpose statement; . use provisions indicating where sex busi- nesses are permitted and prohibited; . accessory use provisions that do not allow owners to sneak a mini-motion picture theater or a row of video booths into a bookstore in a district zoned exclusively for retail; . distance requirements from sensitive uses and other sex businesses; . criteria for measuring separation distances from the property line, building, or main entrances; 86 . standards for design and control of "back rooms" in mainstream video and media stores that sell sex material but that are clearly more than retail establishments; . prohibition of public display of explicit materials and performances (this affects signs and window displays); and . if no licensing ordinance exists, some basic design standards (discussed below). Defin itions . Use the term "sexually oriented business" in referring to what is commonly called an "adult business," since it could be argued that a bar is also an adult business. . Be precise in the definitions section of the ordinance. Take particular care in differentiat- ing among the types of sex businesses. Avoid definitions that address sex activities related to forms of communication that may be pro- tected speech. Location . Industrial zones are often large and have limited pedestrian activity, providing oppor- tunities for an adequate number of sex busi- ness sites with little or no community impact. . Local sex businesses offering live entertain- ment in auto-oriented zoning districts that have limited pedestrian traffic. . Avoid siting sex businesses in neighbor- hood retail and commercial districts that are surrounded by residential areas. Such dis- tricts may ultimately yield few available sites because of separation requirements. . Sex businesses that are exclusively retail may have less of an impact than businesses with on- site entertainment Consider permitting these in more zoning districts and with shorter separa- tion requirements than cabarets, cinemas, and stores with viewing booths. . If the gateway district to a community is zoned to allow sex businesses, consider an overlay district that prohibits them in highly visi- ble areas of town. Separation Requirements . Establish separation requirements for sex businesses from all "sensitive" uses, includ- ing exclusively residential areas, schools, reli- gious institutions, parks, playgrounds, and community centers. . Establish separation requirements between sex businesses to avoid creating the equiva- lent of a Red Light District. . After identifying proposed zoning districts and separation requirements conduct site visits to ensure that there are a reasonable number of sites still available. If not, add another zoning district or reduce the separation requirements. ZONING PRACTICE 10.06 AMERICAN PLANNING ASSOCIATION I page 6