Santee City Zoning Code
CHAPTER 13
28 ADULT BUSINESSES
§ 13.28.010 Purposes and General Plan consistency.
A.
The intent of this chapter is to establish reasonable and uniform regulations for the location, development, and operation of adult businesses within the City. The following objectives have been formulated for adult businesses to implement the General Plan goals and objectives.
1.
Permit the establishment of adult businesses in the City in locations which will minimize negative impacts on community image and which will avoid creating nuisances among adjacent land uses;
2.
The purpose of this chapter is not to establish community standards on obscenity or to restrict free expression, but to provide appropriate areas where materials or entertainment, which by their content are appropriate to adults only, can be exhibited without nuisance to those who may be harmed or offended by exposure to such material or entertainment;
3.
Maintain neighborhood vitality and economy by preventing a concentration of these uses in any one area;
4.
Provide locations for adult businesses which would minimize public view of the use to residential areas, schools, churches, public parks and playgrounds, and other areas where minors are likely to congregate;
5.
Adult businesses shall exhibit the same high standards of site planning, architecture and landscape design required of all commercial or industrial developments;
6.
Promote appropriate exterior design standards which would minimize general public view of materials or activities which are strictly limited to adults.
B.
1.
It is unlawful to own, operate, construct or establish an adult entertainment establishment, as defined in the Santee Zoning Ordinance, within the City limits.
2.
Should all or any portion of subsection (B)(1) be declared invalid, then Section 13.28.020(B) of the Santee Municipal Code shall be unchanged and shall remain in full force and effect as it read on December 1, 1985.
(Ord. 566 § 3, 2019)
§ 13.28.020 Requirements and standards.
A.
Permitted Activities. For the purposes of this chapter, the following nonexclusive list of activities as defined in Section 13.28.030 shall be deemed adult entertainment establishments:
1.
Adult artist-body painting studio;
2.
Adult bookstore;
3.
Adult cabaret;
4.
Adult drive-in theater;
5.
Adult hotel or motel;
6.
Adult mini-motion picture theater;
7.
Adult model studio;
8.
Adult motion picture arcade;
9.
Adult motion picture theater;
10.
Adult theater;
11.
Sexual encounter establishment;
12.
Any establishment where specific anatomical areas are displayed or where specific sexual activities are conducted.
B.
General Requirements. In order to meet the above stated objectives adult entertainment establishments may be permitted only on those parcels of land consistent with the City's housing element, subject to the following restrictions:
1.
No such business shall be located on a lot within 600 feet of any other lot on which another adult business is located.
2.
No such business shall be located on a lot within 600 feet of the nearest point of a lot on which is located a public or private school, a nursery, a daycare center, a church, or a public park or playground.
D.
Performance Standards—Exterior Design. The following performance standards shall be applicable to all adult entertainment establishments as defined in Section 13.28.030:
1.
All building openings, entries and windows from adult entertainment establishments shall be located, covered or screened in such a manner as to prevent a view into the interior, from any public sidewalks, streets, arcades, hallways or passageways, of any material or activity which has as its primary or dominant theme matter depicting, illustrating, describing, or relating to specified sexual activities or specified anatomical areas;
2.
Exterior advertising and signage which is visible from any public sidewalk, streets, arcades, hallways or passageways shall not display any material which has as its primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas;
3.
Exterior development shall meet all other development, design and landscape design requirements of the general industrial zone.
(Ord. 566 § 3, 2019)
§ 13.28.030 Definitions.
means a person who has attained the age of at least 18 years.
means an establishment or business which provides the services of applying paint or other substance to or on the human body when such body is unclothed in any "specified anatomical area."
means an establishment having a substantial or significant portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing or related to specified sexual activity or specified anatomical areas.
means a nightclub, bar, theater, restaurant or similar establishment which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly features films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
means a hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other pornographic reproductions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
means an establishment, with a capacity of 50 or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. This shall not mean a general motion picture theater as defined in this section.
means any establishment open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.
means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
means an establishment, with a capacity of 50 or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. This shall not mean a general motion picture theater as defined in this section.
means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons. This shall not mean a legitimate theater as defined in this section.
means a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined herein, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" in that any such depiction or description is only incidental to the plot or story line.
means a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" in that any such depiction or description is only incidental to the primary purpose of the performance.
means an establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy. For the purposes of these regulations, sexual encounter establishment shall include massage or rap parlor and other similar establishments.
means:
means:
The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; or
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 3 of this subsection.
(Ord. 566 § 3, 2019)