Section 21.03 Location of Adult Businesses
A. An adult business is prohibited from being established, located, operated, or licensed in any Town of Fountain Hills zoning district other than the C-3 Zoning District.
B. An adult business is prohibited from being established, operating, caused to be operated, located or being licensed for business within the following:
1. 2,000 feet of a church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities.
2. 2,000 feet of a public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.
3. 2,000 feet of an entertainment business that is oriented primarily towards children or family entertainment.
4. 500 feet of a separate business having an Arizona Spirituous Liquor License with any of the following classifications: Bar (Series 06), Beer and Wine Bar (Series 07), or the equivalent of such licenses.
5. 2,000 feet of another adult business.
6. 300 feet of a boundary of a residential zoning district as defined in the Fountain Hills Zoning Ordinance.
7. 500 feet of a public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.
8. 300 feet of the property line of a lot devoted to a residential use as defined in the Fountain Hills Zoning Ordinance.
C. In addition to the civil fines that may be enforced by the Town of Fountain Hills for violations of the Zoning Ordinance under the Fountain Hills Code and Arizona law, a person commits a Class 1 misdemeanor if that person operates, establishes, causes to be operated, causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of an adult business within a zoning district other than as set forth in this Chapter and within the minimum distance requirements as set forth in Subsection B of this Section.
D. A person commits a Class 1 misdemeanor if that person causes or permits the operation, establishment, or maintenance of, more than one adult business in the same building, structure, or portion thereof, or the increase of floor area of any adult business in any building, structure, or portion thereof already containing two adult businesses.
E. For the purpose of Subsections B and G of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the premises where an adult business is conducted, to the nearest property line of the premises of a use listed in Subsection B. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Section.
F. Any adult business lawfully operating as of the effective date of this Chapter, that is in violation of one or more of Subsections A through E of this Section shall be deemed a legal nonconforming use. The nonconforming use will be permitted to continue, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more adult businesses are within 2,000 feet of one another and otherwise in a permissible location, the adult business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are nonconforming.
G. An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult business license, of a use listed in Subsection B of this Section within the minimum applicable separation distance required. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.
H. Sexual Encounter Centers are prohibited in the Town of Fountain Hills.