Page 204

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YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE Page 204 a parcel containing an adult oriented business to the nearest point on the property line of a parcel containing a child care facility, a private, public or charter school, a public playground, a public recreational facility, a residence or a place of worship. E. REGULATIONS GOVERNING EXISTING SEX ORIENTED BUSINESSES: 1. Any sex oriented business lawfully operating on June 2, 1999 that is in violation of this Section shall be deemed a non-conforming use. Non-conforming uses shall be governed by Section 202 (Nonconforming Uses and Structures). If two (2) or more sex oriented businesses are within one thousand feet (1,000’) of one another and otherwise in a permissible location, the sex oriented business which was first established and continually operating at the particular location is the conforming use, and the later established business is non-conforming. 2. A sex oriented business lawfully operating as a conforming use is not rendered a non- conforming use by the subsequent location of a religious institution, school, YMCA, YWCA, Boys Club, Girls Club or similar existing youth organization public park, public building, residential zoning district, or residential use within five hundred feet (500’) of the sex oriented business. F. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR ADULT LIVE ENTERTAINMENT IN VIEWING ROOMS: A person who operates or causes to be operated a sex oriented business, other than an adult motel/hotel which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette or other video reproduction, or adult live entertainment which depicts specified sexual activities or specified anatomical areas as defined in this Section, shall comply with the following requirements: 1. Upon application for a building permit or zoning clearance, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required. However, each diagram should be oriented to the north or to some designated street and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six inches (6”). a. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than five (5) foot candles as measured at the floor level. b. It shall be the duty of the owners and/or operator and it shall also be the duty of any agents and employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present on the premises. c. All off-street parking areas and premise entries of the sex oriented business shall be in compliance with Section 603 (Light Pollution Control). 2. It shall be the duty of the owner and/or operator to ensure that the viewing room(s) as defined in this Section, remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials, and, at all times, to ensure that no patron
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