A. It is found, and experience has demonstrated, that certain adult-oriented businesses, because of their very nature, are recognized as having significant deleterious secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancy in residential and commercial areas in the vicinity of the adult-oriented businesses; higher crime rates, noise, debris or vandalism in the vicinity of adult-oriented businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. The concentration of such uses substantially contributes to blighting and downgrading adjacent residential and commercial areas. Special regulation of these businesses is necessary to preserve the integrity of existing commercial areas of the city and of residential areas in close proximity to such commercial uses. In furtherance of the public interest and general welfare, the primary purpose of this chapter is to deconcentrate and to prevent the concentration of these businesses in any one area. It is neither the intent, nor effect of this chapter to impose limitations or restrictions on the content of any communication material. Similarly, it is neither the intent, nor effect of this chapter to restrict or deny access by adults to sexually-oriented materials or merchandise protected by the First Amendment, or deny access by the distributors or exhibitors of adult-oriented business to their intended market.

B. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Ord. 4108 § 1, 2003; Ord. 2961 § 1, 1985)