It is the purpose and objective of this chapter that the city establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the city; to regulate the signage of such businesses; to control the adverse effects of such signage; and to prevent inappropriate exposure of such businesses to the community. This chapter is to be construed as a regulation of time, place and manner of the operation of these businesses, consistent with the limitations provided by provisions of the Constitutions of the United States and the state.

(Code 2023, § 10-26-1; Ord. No. 2017-54, 12-13-2017)

The provisions of this chapter shall apply to any sexually oriented business located in the city.

(Code 2023, § 10-26-2; Ord. No. 2017-54, 12-13-2017)

This chapter shall be known and may be referred to as the sexually oriented businesses zoning ordinance.

(Code 2023, § 10-26-3; Ord. No. 2017-54, 12-13-2017)

Certain words and phrases in this chapter are defined in HCC chapter 10-3.

(Code 2023, § 10-26-4; Ord. No. 2017-54, 12-13-2017)

1. Sexually oriented businesses, other than outcall services and nude and seminude dancing agencies, shall be permitted only in areas zoned M-1, subject to the following additional restrictions:
   1. Sexually oriented businesses shall be subject to conditional use requirements.
   2. No sexually oriented business shall be located:
      1. Within 1,000 feet from any school, public park, church, or another sexually oriented business; or
      2. Within 500 feet from an agricultural or residential boundary.
   3. The distance requirements for this section shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the school, public park, church, agricultural zoning district, residential zoning district, or another sexually oriented business, and to the front or main entrance of the sexually oriented business.
2. Outcall services and nude and seminude dancing agencies shall be permitted only in the M-1 zone as an office use only.

(Code 2023, § 10-26-5; Ord. No. 2017-54, 12-13-2017)

Notwithstanding anything contrary contained in HCC chapter 10-27, signs for sexually oriented businesses shall be limited as follows:

1. No more than one exterior sign shall be allowed.
2. No sign shall exceed 18 square feet.
3. No animation shall be permitted on or around any sign, or on the exterior walls or roof of such premises.
4. No descriptive art or designs depicting any activity related to, or inferring, the nature of the business shall be allowed on any sign. Said signs shall contain alphanumeric copy only.
5. Only flat signs shall be permitted.
6. Painted wall advertising shall not be allowed.
7. Other than the signs specifically allowed by this chapter, the sexually oriented business shall not construct or allow to be constructed any temporary sign, banner, light or other device designed to draw attention to the business location.

(Code 2023, § 10-26-6; Ord. No. 2017-54, 12-13-2017)

A sexually oriented business shall be licensed as provided in HCC chapter 3-12.

(Code 2023, § 10-26-7; Ord. No. 2017-54, 12-13-2017)

To the extent that use and development of land located in manufacturing zones includes any matter governed by other applicable regulations set forth in this title, such regulations shall apply in addition to the requirements of this chapter.

(Code 2023, § 10-26-8; Ord. No. 2017-54, 12-13-2017)