It is the intent of this chapter to prevent community-wide adverse
economic impacts, increased crime, decreased property values, and
the deterioration of neighborhoods which can be brought about by the
concentration of adult-oriented businesses in close proximity to each
other or proximity to other incompatible uses such as schools for
minors, churches, child or family-oriented business and residentially
zoned districts or uses. The City Council finds that it has been demonstrated
in various communities that the concentration of adult-oriented businesses
causes an increase in the number of transients in the area, and an
increase in crime, and in addition to the effects described above
can cause other businesses and residents to move elsewhere. It is,
therefore, the purpose of this chapter to establish reasonable and
uniform regulations to prevent the concentration of adult-oriented
businesses or their close proximity to incompatible uses, while permitting
the location of adult-oriented businesses in certain areas.
(Ord. 5428 § 1, 2014)
A.
As used herein, the terms and phrases shall have the same meaning as defined in this section and in Section 9.11.020 of this Code.
B.
Establishment of an Adult-Oriented Business. As used herein,
to “establish” an adult-oriented business shall mean and
include any of the following:
1.
The
opening or commencement of any adult-oriented business as a new business;
2.
The
conversion of an existing business, whether or not an adult-oriented
business, to any adult-oriented business defined herein;
3.
The
addition of any of the adult-oriented businesses defined herein to
any other existing adult-oriented business; or
4.
The
relocation of any such adult-oriented business.
(Ord. 5428 § 1, 2014)
No adult-oriented business shall be established or located in
any zone in the City other than GC, CMU, RC, M1, M2 and MMU, or within
certain distances of certain specified land uses or zones as set forth
below:
A.
No
such business shall be established or located within 100 feet of any
other adult-oriented business.
B.
No
such business shall be established or located within 500 feet of any
existing residential zone or use, park, church, school or child or
family-oriented business as defined in Section 9.11.020(E) of this
Code.
C.
The
distances set forth above shall be measured as a radius from the primary
entrance of the adult-oriented business to the property or lease lines
of the property so zoned or used without regard to intervening structures.
(Ord. 5428 § 1, 2014)
Any use of real property existing on the effective date of Ordinance 3601, re-enacting this chapter, which does not conform to the provisions of Section 19.32.030, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until five years after the effective date of the ordinance codified in this chapter. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the City Council in accordance with the provisions of Section 19.32.050.
A.
Abandonment. Notwithstanding the above, any discontinuance
or abandonment of the use of any lot or structure as an adult-oriented
business for a period of 60 days or more shall result in a loss of
legal nonconforming status of such use.
B.
Amortization of Annexed Property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of Section 19.32.030 shall be terminated within one year of the date of annexation unless an extension of time has been approved by the City Council in accordance with the provisions of Section 19.32.050.
(Ord. 5428 § 1, 2014)
The owner or operator of a nonconforming use as described in Section 19.32.040 may apply under the provisions of this section to the City Council for an extension of time within which to terminate the nonconforming use.
A.
Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 19.32.040 may be filed by the owner of the real property upon which such use is operated.
B.
Content of Application—Fees. The application shall state
the grounds for requesting an extension of time. The filing fee for
such application shall be the same as that for a variance as is set
forth in the schedule of fees established by resolution from time
to time by the City Council.
C.
Hearing Procedure. The City Clerk shall set the matter for
hearing within 45 days of receipt of the application. All interested
persons shall have the right to offer testimonial, documentary and
tangible evidence bearing on the issues; may be represented by counsel;
and shall have the right to confront and cross-examine witnesses.
Any relevant evidence may be admitted that is the sort of evidence
upon which reasonable persons are accustomed to rely in the conduct
of serious affairs. Any hearing under this section may be continued
for a reasonable time for the convenience of a party or a witness.
The decision of the City Council shall be final and subject to judicial
review pursuant to Code of Civil Procedure Section 1094.8.
D.
Approval of Extension—Findings. An extension under the
provisions of this section shall be for a reasonable period of time
commensurate with the investment involved, and shall be approved only
if the City Council makes all of the following findings or such other
findings as are required by law.
1.
The
applicant has made a substantial investment (including, but not limited
to, lease obligations) in the property or structure on or in which
the nonconforming use is conducted; such property or structure cannot
be readily converted to another use; and such investment was made
prior to the effective date of the ordinance re-enacting this chapter;
2.
The
applicant will be unable to recoup said investment as of the date
established for termination of the use; and
(Ord. 5428 § 1, 2014)
