§ 7.510. Adult Businesses.
A.
Findings, Purpose and Intent. The council makes the following findings and provides the following guidelines for the construction, interpretation and administration of this section:
1.
Based on the "Adult Business Factual Record and Studies" for zoning ordinance test Amendment Z-99-07 which the council had before it and which is on file with the planning department, the council finds:
(a)
Sexually oriented (adult) businesses cause secondary effects on the community which are detrimental to the public health, safety and welfare, including unlawful and unhealthy activities; unlawful sexual activities, including public sexual indecency and prostitution; sexual encounters of a casual nature; and risk of spread of sexually transmitted and possibly fatal diseases.
(b)
Areas of the community surrounding adult businesses are beset by higher incidences of sexually related crimes, street crime, and property crimes; greater demand on police resources; lower property values; litter from sexual devices, materials and packaging; and other problems.
(c)
Incidents are reported of lack of strict age verification procedures and of admission of underaged juveniles as patrons into an adult entertainment establishment.
(d)
Adult businesses require reasonable locational restrictions and spacing requirements to protect residential areas and other uses which are frequented by children from the documented negative secondary effects which occur with these businesses and to protect and preserve the public health, safety and welfare.
(e)
Preventing concentration of adult businesses in proximity to each other and on the same site or in the same building is a reasonable means to prevent intensification of negative secondary effects from these businesses in the immediately surrounding area and on the community generally.
(f)
Establishing regulations on the location of adult businesses will disperse any secondary effects; allow more effective utilization of police resources; allow more effective law enforcement monitoring of the adult businesses and prevention of illegal negative secondary effects of adult businesses; and will facilitate enforcement of the provisions of this zoning ordinance and other state and local laws, thereby furthering the substantial governmental interest in protecting the public health, safety and welfare.
2.
It is the intent of this section to regulate the location of adult business establishments so as to protect and promote the health, safety, and general welfare of the citizens of the city and its visitors, and to establish reasonable and uniform regulations to prevent the concentration of adult businesses and their secondary effects.
3.
This section has neither the purpose, nor effect of imposing a limitation or restriction on the content of any communications or communicative materials, including sexually oriented business.
4.
It is not the purpose or intent of this section either to restrict or deny lawful access by adults to sexually oriented materials or to deny accesses by the distributors of sexually oriented materials to their intended market.
5.
It is not the purpose or intent of this section to impose judgment on the content or merits of any constitutionally protected form of speech or expression.
B.
Prohibited locations of any type of adult use or sexually oriented business:
1.
An operator of a sexually oriented business is in violation of this ordinance if the business is operated in a zoning district, which does not expressly permit that type of adult use in said zoning district.
2.
In addition to being located in a proper zoning district, an operator commits a violation if the adult business is operated within one thousand (1,000) feet of an existing:
(a)
Church;
(b)
Public or private school;
(c)
Public park;
(d)
Agricultural or residentially zoned property;
(e)
Child care center;
(f)
Designated historic district; or
(g)
Other adult business.
3.
The measurement of the one thousand (1,000) foot distance for the purposes of subparagraph 2 above, shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of an existing church, school, child care center, or adult business, or from the boundary line of a public park, agricultural or residentially zoned property or designated historic district, to the nearest property line of the property sought to be used as a sexually oriented business.
4.
The measurement of the one thousand (1,000) foot distance for the purposes of subparagraph 2 above shall also include churches, schools, child care centers, agricultural or residentially zoned properties, public parks, or other adult uses which are located in an adjoining city or county which are within the one thousand (1,000) foot distance of the nearest property line of the property sought to be used for an adult use or sexually oriented business within the City of Glendale.
5.
A person commits a violation if they cause or permit the establishment or operation of more than one (1) adult use or sexually oriented business in the same building or structure, or on any portion of the site.
C.
Submittal or application for adult use or sexually oriented business:
1.
Application for adult business shall be submitted to the planning department for review. The application shall include a narrative statement describing the nature of the business for determination of conformity with a listed adult business use. The application shall also include a site plan and Maricopa County assessor parcel map clearly identifying surrounding properties with depiction of the required distances from the uses detailed in paragraph B of this section. This application shall state the distance from each of the uses identified in paragraph B of this section.
2.
Review of site application for completeness of information shall be completed within ten (10) days of the submission of the application. The applicant will be notified by first class mail if the application is complete or requires additional information.
D.
Provisions for existing nonconforming uses:
1.
An adult business otherwise lawfully operating prior to the adoption of this ordinance, that was lawfully established and maintained under prior zoning ordinance provisions within the one thousand (1,000)-foot distance regulation of subsection B above, shall be deemed a legal nonconforming use. Such nonconforming use shall not be increased, enlarged, extended or altered except the use may be voluntarily changed by the operator to a conforming use within the property's zoning district which meets all other applicable requirements of city.
2.
If two (2) or more adult businesses are located within one thousand (1,000) feet of one another and otherwise lawfully operating, the adult business which was first established and continually operating is deemed the conforming use and the later established adult business is deemed the nonconforming use. Whether the later established adult business is entitled to be established or maintained as a legal, nonconforming use shall be determined under the requirements of D.1. above, Section 1.400, and state law.
(Ord. No. 2089, § 3, 7-27-99)