§ 13-129. Purpose and intent

The purpose and intent of this article are to regulate sexually-oriented businesses which, unless closely regulated, tend to have serious negative secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of sexually-oriented businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of sexually-oriented businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of sexually-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. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the sexually-oriented businesses.

It is neither the intent nor the effect of this article to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this article to restrict or deny access by adults to communication materials or to deny access by the distributors or exhibitors of sexually-oriented businesses to their intended market.

Nothing in this article 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 of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

Notwithstanding any other provision of Title 13 of the "City of Costa Mesa Planning, Zoning and Development Code," the regulations set forth under this article shall apply specifically to sexually-oriented businesses. To the extent there are any inconsistencies between the provisions of sections 13-1 through 13-128 and the provisions of this Article 1, the provisions of this article shall govern.

(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-4, § 4, 2-2-98)