5.06.255 Locational standards.

(A) No adult business shall be established or located in any area in the city other than the following zoning districts:

(1) CC—Community Commercial District;

(2) GI—General Industrial District.

(B) An adult business shall not be established or located within:

(1) Five hundred feet from any residence or residential zone, or religious institution (as defined in Section 9.08.010(E).

(2) One thousand feet of any school, nursery, day care center, or public or private park.

(C) Distance Between Adult Businesses. An adult business shall not be established or located within one thousand feet of an existing adult business. If two or more existing adult businesses are located in closer proximity to each other than one thousand feet, then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of continuous lawful uninterrupted operation of the businesses.

(D) Measurement of Distance. For the purpose of measuring the distance requirements set forth in subsections (B) and (D) of this section, all distances shall be measured, without regard to intervening structures, from the nearest property line of the property on which the adult business is or will be located to the nearest property line of any residentially zoned property, school, nursery, day care center, religious institution or public or private park as described in subsection (B) of this section, or between the nearest property lines of the properties occupied by or proposed to be occupied by adult businesses as described in subsection (D) of this section, along a straight line extended between the two points.

(E) All adult businesses are required to procure and maintain an adult business license as mandated by Chapter 5.10 et seq., of the city's Municipal Code.

(F) No building permit or zoning clearance, business tax receipt, adult business license, or other permit or entitlement for use shall be legally valid if issued to any adult business proposed to operate or to be established in the city except if the zoning and locational requirements set forth in this section are satisfied.

(G) An adult business or establishment operating as a legal conforming use with an approved adult business license from the city shall not be rendered a nonconforming use by the subsequent location of residential zones, schools, nurseries, day care centers, religious institutions or public or private parks within the locational limitations set forth in this section. For purposes of this section, a use shall be deemed to be subsequently located if it commences following the date an application for an adult business license is filed pursuant to Section 5.10.014 of the Municipal Code.

(H) Zone D of the Napa County Airport Land Use Environs Plan (AELUP) limits occupancy to one hundred persons per structure and one hundred fifty persons per net acre (both within a structure and outdoors on the site). All adult businesses within Zone D of the Napa County AELUP are required to comply with the applicable AELUP occupancy standards.