The purpose of this section is to provide for the uniform regulation of restricted adult-oriented businesses by limiting their concentration through the imposition of spacing requirements, thereby mitigating the propensity for an increase in crime, maintaining property values, and preserving the retail trade and the character, integrity, and quality of life in residential neighborhoods, houses of religious worship, schools, public playgrounds, and parks. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to adult-oriented materials protected by the first amendment.

(Ord. NS355, Exhibit A, 2022)

For the purposes of this section:

"Adult oriented business" means adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios. All terms used in this section have the same meaning prescribed in Arizona Revised Statutes 5-11-811.

"Place of worship" means a structure where persons regularly assemble for worship, ceremonies, rituals and education relating to a particular form of religious belief and which a reasonable person would conclude is a place of worship by reason of design, signs or architectural or other features.

"Residence" means a permanent dwelling place.

(Ord. NS355, Exhibit A, 2022)

Adult-oriented businesses, except for those excluded below, are permitted in the Highway Service Zone (H-1) and Industrial Zone (I-1 and I-2) as a special use permit. The planning and zoning commission may include any conditions it finds reasonably necessary to conserve and promote the public health, safety, convenience and general welfare.

   A.   Exclusions. Regardless of zoning designation, no adult-oriented business shall be located within 1/4 mile (1,320 feet) to the property line of a parcel containing:

      1.   A place of worship;

      2.   A childcare facility;

      3.   A private, public or charter school;

      4.   A public playground;

      5.   A public recreational facility;

      6.   Any other adult oriented business; or

      7.   A residence.

   B.   Measurement. For the purposes of this subsection, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing an adult oriented business to the nearest point on the property line of a parcel containing the uses listed in Section 17.15.030.A.

   C.   Number limitation. Only one adult-oriented business may exist in any one building, premises, structure, or facility or on any one site or parcel.

   D.   Alcohol prohibited. No alcoholic beverages shall be sold, served, or consumed on the premises where an adult-oriented business is located.

(Ord. NS355, Exhibit A, 2022)