Encinitas City Zoning Code
CHAPTER 30
26 ADULT BUSINESSES
§ 30.26.010 Zoning and Locational Restriction-Distance From Sensitive Uses.
A.
In addition to the requirements of this section, no adult businesses shall be established or located in any area in the City other than the General Commercial Zone (GC) and the ER-C zone of the Encinitas Ranch Specific Plan.
B.
In those zoning district(s) where the adult businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any adult business if the location is within 750 feet of any existing residential zone, park, religious institution, school, or child day care facility. The distances set forth above shall be measured between the nearest property line of the facility or tenant space housing the adult business or the proposed adult business, and the nearest property line included within the residential zone, park, religious institution, school or child day care facility, along a straight line extended between the two points.
C.
No building permit or zoning clearance, business tax receipt, adult business regulatory permit, or other permit or entitlement for use shall be legally valid if issued to any adult business proposed to operate or to be established in the City except if the zoning and locational requirements set forth above are satisfied.
(Ord. 2002-02)
§ 30.26.020 Subsequent Location of Sensitive Uses.
An adult business or establishment operating as a conforming use with an approved adult business regulatory permit from the City shall not be rendered a nonconforming use by the subsequent location of residential zones, religious institution(s), school(s), day care facility, or park(s) within the locational limitations of Section 30.26.010. For purposes of this section, a use shall be deemed to be subsequently located if it occurs following the date an application for an adult business regulatory permit is filed pursuant to Chapter 6.10.
(Ord. 2002-02)
§ 30.26.030 Regulations Non-Exclusive.
The provisions of this section regulating adult businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Encinitas.
(Ord. 2002-02)
§ 30.26.040 Public Nuisance.
In addition to the penalties set forth in this title, any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.
(Ord. 2002-02)