Klamath Falls City Zoning Code
ARTICLE 14
ADULT BUSINESS OVERLAY ZONE
§ 12.490 Applicability.
The Adult Overlay Zone applies to any adult business (a business restricting access to an activity restricted by age, including restricting those under 21 years old), and establishes an overlay area where adult businesses are not permitted, notwithstanding any other provision of CDO Chapters 10 to 14.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.491 Adult Business Overlay Zone location.
A property is subject to the Adult Business Overlay Zone when the following conditions exist:
A.
The adult business is located within 200 feet from any residential zone (measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of property in the residential zone); or
B.
The adult business is located within 500 feet from any of the following facilities (measured in a straight line from the closest property line on which the adult business is located to the closest edge of the property line on which the facility is located):
1.
A public or private school with an average weekday attendance (during any continuous three-month period during the preceding 12 months) of more than 50 children who are under 18 years of age.
2.
A public park which covers an area of more than 20,000 square feet and has recreational facilities such as a playground, baseball field, football field, soccer field, tennis court, basketball court or volleyball court.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.492 Adult business restrictions.
A.
Adult businesses may be conducted in any zone when the proposed uses are allowed under the restrictions of the base zone. However, no adult business is allowed in the Adult Business Overlay Zone, except as provided in subsection B.
B.
Restaurant Exception to Adult Overlay Zone. Where an adult business contains restaurant accommodations that are not restricted at any time by age and the restaurant accommodations have floor area equal to or greater in size than the portion of the premises where any persons are prohibited by their age, the adult business may be permitted within the Adult Business Overlay Zone, subject to the design review procedures and standards of Chapter 11, Article 3 (Design Review) and all applicable requirements of Chapters 10 to 14.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.496 Nonconforming uses.
An adult business, existing on March 4, 1996, located within an Adult Business Overlay Zone is a nonconforming use and shall be governed by the provisions of Article 20 (Nonconforming Uses and Structures) of this chapter.
(Ord. 17-10, 2017; Ord. 22-13, 2022)