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A. Purpose and Intent. It is the purpose of this section to regulate the location of sexually oriented businesses, to promote the health, safety, morals and general welfare of the citizens of the borough, and to establish reasonable and uniform standards to prevent the deleterious location and concentration of sexually oriented businesses within the borough. 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 sexually oriented materials. It is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented material protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. It is also not the intent of this provision to condone or legitimize the distribution of obscene material.

B. Location.

1. Regardless of whether a sexually oriented business is a permitted or conditional use, a sexually oriented business may not be located:

a. Adjacent to a lot zoned GU-1 or GU-5 upon which is a principal building used as a dwelling; or

b. Within a 1,000-foot proximity, measured from the property line of the subject lot to the property line of the next nearest lot of any zoning district which allows residential uses as a principal use (rural estates, rural residential, single-family, two-family, multiple-family and multiple-family residential/professional office districts); or

c. Within 1,000 feet of a lot which contains any of the following preexisting, primary uses:

i. A church building;

ii. A public or private school and its grounds, from preschool to twelfth grade;

iii. A public library;

iv. A public park; or

v. A child care group home or child care center.

2. In all zones in which sexually oriented businesses are a permitted or conditional use, the applicant shall include an area map drawn to scale indicating all land uses on other properties within a 1,000-foot proximity of the lot upon which the applicant is seeking a zoning permit or conditional use permit.

C. Signs. Notwithstanding the provisions of FNSBC 18.96.070, no sexually oriented business shall display more than two signs, which shall not exceed a total combined sign area of 40 square feet.

D. Exterior Appearance. A sexually oriented business may not display their stock in trade or activities in such manner as to be subject to public view from outside the establishment, including but not limited to view from public sidewalks, streets, or hallways.

E. Conditional Use. If a sexually oriented business is permitted as a conditional use, the planning commission must approve or deny a conditional use permit within 120 days of submittal of a completed application based upon:

1. The standards set forth in this section; and

2. The requirements of FNSBC 18.104.050 relating to conditional uses.

F. Mailing of Notices for Conditional Use Hearing. Notwithstanding FNSBC 18.104.010(C)(2), the department of community planning shall mail notice of the public hearing on a conditional use permit to all owners, as shown by the records of the borough assessor, of property within an area measured 1,000 feet in all directions from the boundaries of the lot being considered for a conditional use as a sexually oriented business. At least 10 owners of lots or land outside of the area being considered shall be notified by mail, whereby this distance requirement shall be increased. (Ord. 2021-23 § 14, 2021; Ord. 2017-19 § 6, 2017; Ord. 2015-26 § 8, 2015. 2004 Code § 18.50.210.)