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122 Time, Place, and Manner ReguWion of Business Activity <br />Ille assignment of proper zone districts must also consider the type of <br />adult business. Adult Entertainment Businesses, (including <br />bcx:kstores, theaters, and film stores) represent a form of free speech <br />which is protected by the First Amendment. Regulation of these uses <br />must not unduly restrict freedom of speech. Adult Service Businesses, <br />such as massage parlors and modeling studios,. are not as sensitive to <br />First Amendment issues. <br />Adult Entertainment Businesses are recommended in the GR, L, CBD, DMU, <br />CS, CS -1, CH, MI, and LI zone districts and Adult Service Business are <br />recommended in the L, CBD, DMU, CS, CS -1, and CH zone districts. <br />Conditional Use Permits <br />The conditional use permit process offers a viable method ofregulating adult businesses by providing an extra degree of review <br />needed to address the potential impacts adult businesses generate to <br />surrounding neighborhoods. Unlike traditional zone district <br />regulations, conditional use p^.mits require site plan review, thus <br />affording additional analysis and control. <br />Austin's current zoning ordinance prohibits adult businesses from <br />locating within 1000 feet of any property, zoned or used as <br />residential. This provision led to the invalidation of the ordinance <br />in the suit initiated by Taurus Enterprises because it was found that <br />almost all commercially zoned property is, in fact, located within <br />1000 feet of residential property. This is particularily true in <br />older areas of the City where narrow strip commercial development is <br />flanked by residential use. This restriction should be eliminated <br />from the ordinance and the issue of neighborhood protection should be <br />addressed via the conditional use permit. <br />Conditional use permits are recommended in the GR, L, DMU, MI, and LI <br />zoning districts for Adult Entertainment businesses and for Adult <br />Service businesses they are recommended in the L, DMU, CS and CS -1 <br />zone districts. See Table 16 for a summary of these recommendations. <br />Table 16 <br />Zoning Summary <br />GR L CBD DMU CS CS -1 CH MI LI <br />Adult Entertainment Businesses C C P C P P P C C <br />Adult Service Businesses - C P C C C P - - <br />C - Conditional Use <br />P - Permitted Use <br />EVER00304 <br />