Chapter 17.102
ADULT BUSINESSES: ZONING
Sections:
17.102.030 Location of adult businesses.
17.102.010 Purpose.
It is the purpose and intent of this chapter of the Benicia Municipal Code to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; degradation of the city’s commercial and industrial base; increases in vacancies in residential areas in the vicinity of adult businesses; interference with residential property owners’ enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses. (Ord. 09-01 § 7).
17.102.020 Definitions.
The words and phrases included in this chapter shall employ the definitions found in Chapter 5.44 BMC, Adult Business Licenses and Operating Regulations, unless it is clearly apparent from the context that another meaning is intended.
In addition to those definitions set forth in Chapter 5.44 BMC, the following definitions shall apply to this chapter:
A. “Park” shall mean a city park so designated on the general plan or zoning map of Benicia.
B. “School” shall mean any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. (Ord. 09-01 § 7).
17.102.030 Location of adult businesses.
A. Adult businesses, as defined in Chapter 5.44 BMC, shall be:
1. Located exclusively in the C-G, community general zone; IL, limited industrial zone; IG, general industrial zone; and IP, industrial park districts zone.
2. Distanced 500 feet from any residentially zoned property which includes the city’s RS single-family residential; RM medium-density residential; and RH high-density residential. The distance between the adult use and the residentially zoned property shall be measured from the closest exterior wall of the adult use and the nearest property line included within the residential zone, along a straight line extended between the two points, without regard to intervening structures.
3. Distanced 500 feet from any park or school. The distance between the adult use and the park or school shall be measured from the closest exterior wall of the adult use and the nearest property line included within the park or school, along a straight line extended between the two points, without regard to intervening structures.
B. Any person violating or causing the violation of any of these locational provisions regulating adult business shall be subject to the remedies of BMC 17.102.040. (Ord. 09-01 § 7).
17.102.040 Violations.
A. Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including license revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.
B. In addition to the remedies set forth in subsection (A) of this section, 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. 09-01 § 7).