§ 17.47

The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to:

A.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

B.

Encourage the location of towers in non-residential areas;

C.

Minimize the total number of towers throughout the community;

D.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

E.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, now and in the future;

F.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

G.

Development of an orderly handling procedure to accommodate the growing need for commercial communications towers;

H.

Enhance the ability of the providers of telecommunications service to provide such services to the community quickly, effectively and efficiently;

I.

Consider the public health and safety and welfare of the community in the siting of communications towers; and

J.

To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

In furtherance of these goals, the city shall give due consideration to the city of Blythe general plan, zoning map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

(Ord. 783 § 1 (part), 2003)

This section applies to all wireless communications facilities existing and proposed to be located within the corporate limits of the city, as defined in Section 17.47.030. Including personal wireless services as defined by the Telecommunications Act ("TCA") and licensed by the Federal Communications Commission ("FCC"), including, but not limited to, the types commonly known as cellular, personal communications services ("PCS"), specialized mobile radio ("SMR"), enhanced specialized mobile radio ("ESMR"), paging, land based repeaters for satellite broadcast services, micro-cell antennas and similar systems which exist now or may be developed in the future and exhibit technological characteristics similar to them. This chapter shall also apply to wireless communication facilities within public rights-of-way except as prohibited by state and federal law.

(Ord. 783 § 1 (part), 2003)

For the purposes of this section, the following definitions apply. These definitions shall be adapted to the context for appropriate grammatical tense, number, case and gender.

A.

"Accessory structure" means a building, part of building or structure which is subordinate to, and the use of which is incidental to, that of the main building, structure or use of the same lot.

B.

"Alternative tower structure" means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

C.

"Ancillary structures" means any structure or device used to contain ancillary equipment for a wireless communications facility, such as cabinets, shelters, and additions to existing structures, pedestals and other devices serving similar purposes. Typically, it may include an air conditioning unit, a heating unit, electrical supply, telephone hookup and back-up power supply and may include any service roads or other access accommodations used to service the facility.

D.

"Antenna" means any exterior transmitting or receiving device mounted on a tower, building structure or alternative tower structure, and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

E.

"Antenna structure" refers collectively to an antenna and its supporting mast, if any.

F.

"Array antenna" means an antenna consisting of two or more radiating elements, generally similar, which are arranged and excited in such a manner as to obtain directional radiation patterns. It includes any structural members which are necessary to maintain the proper electrical relationships between the radiating elements, but does not include the mast or other structure used to support the array as a whole, nor does it include the transmission line which supplies energy to or receives energy from the array as a whole.

G.

"Backhauls network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

H.

"Broadcast receiving antenna" means an outside antenna used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the radio broadcast services, including AM, FM and TV.

I.

"Building inspector" means the development services director of the city, or any of the directors authorized representatives.

J.

"Corporate limits" means all properties currently existing within the city limits, as well as all properties annexed into the city limits at any point in the future.

K.

"Collinear antenna" means a linear array in which the radiating elements are disposed end-to-end in a substantially straight vertical line.

L.

"Co-location" means the use of a common wireless communications facility or common site by two or more service providers, or use by one applicant/permittee of a single site for two or more technologies. It is also called "site sharing."

M.

"Commercial communications antenna" means a telecommunications antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC). The commercial communication antenna shall not include amateur radio operators' equipment, as licensed by the FCC, or home satellite/television antennas.

N.

"Coverage map" means a map or maps showing the realistically forecasted service area of the facility at a given height and strength.

O.

"Current" means at the time building permit application is made.

P.

"Development services director" means the city's development services director or his or her designee.

Q.

"Dipole" means a driven element in the form of a conductor approximately one-half wavelength long, split at its electrical center for connection to the transmission line feeding the antenna.

R.

"Director" means the city's development services director or his or her designee.

S.

"Director element" means a parasitic element located forward of the driven element of an antenna, intended to increase the directive gain of the antenna in the forward direction.

T.

Dish antenna. See "parabolic antenna."

U.

"Driven element" means a radiating element coupled directly to the transmission line feeding the antenna.

V.

"FAA" means the Federal Aviation Administration.

W.

"Facility" means any component of the wireless communication installation including any towers, antennae and antenna array.

X.

"FCC" means the Federal Communications Commission.

Y.

"Height" means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel on which the structure is located, to the highest point on the tower or other structure, including the base pad and any antenna.

Z.

"Improvement plan(s)" means on and off-site construction drawings.

AA.

"Inverted-V antenna" means an antenna consisting of a singular dipole constructed of wire and supported at the center and ends in such a manner as to form an inverted "V" in a vertical plane.

BB.

"Leasehold area" means that portion of a lot leased by the applicant/developer. See "site."

CC.

"Linear array" means an array antenna having the centers of the radiating elements lying along a straight line.

DD.

"Lot" means a parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act; or, a parcel of real property, the dimensions and boundaries of which ate defined as a single lot by a lawfully recorded record of survey map. See "site."

EE.

"Mast" means a pole of wood or metal, or a tower fabricated of metal, used to support a broadcast receiving antenna or a communications antenna and maintain it at the proper elevation.

FF.

"Modification" means the addition of structures or equipment to a previously approved installation. The term does not include replacement of existing equipment or structures, provided the replacement equipment or structure is substantially similar to the pre-existing equipment or structure, and creates no new impacts not addressed in connection with the previous approval.

GG.

"Parabolic antenna" means an antenna consisting of a driven element and a reflector element, the latter having the shape of portion of a paraboloid or revolution.

HH.

"Parasitic element" means a radiating element which is not directly coupled to the transmission line feeding the antenna. It includes director elements and reflector elements.

II.

"PCS" means personal communications service, as defined in the Telecommunications Act and Federal Communications Commission regulations.

JJ.

"Preexisting towers" and "preexisting antennas" means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

KK.

Propagations study. See "coverage map."

LL.

"Radiating element" means a basic subdivision of an antenna which in itself is capable of effectively radiating or receiving radio waves. It includes driven elements and parasitic elements.

MM.

"Reflector element" means a parasitic element located in a direction other than forward of the driven element of an antenna, intended to increase the directive gain of the antenna in the forward direction.

NN.

"Site" means the area of the lot to be developed. See "leasehold area."

OO.

"Stealth" means intended to escape observation. See "alternative tower structure."

PP.

"Stealth facility" means a facility designed to visually and operationally blend into the existing natural environment in a manner compatible with local community character. See "alternative tower structure."

QQ.

"TCA" means the Telecommunications Act of 1996.

RR.

"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

SS.

"Whip antenna" means an antenna consisting of a single, slender, rod-like driven element which is supported only at its base and is fed at or near its base. It may include at its base a group of conductors disposed horizontally, or substantially so, forming an artificial ground-plane.

TT.

"Wireless communications" means any electronic wireless services as defined by the TCA and/or licensed by the Federal Communications Commission, including, but not limited to, the types commonly known as cellular, personal communications services ("PCS"), specialized mobile radio ("SMR"), enhanced specialized mobile radio ("ESMR"), paging, ground based repeaters for satellite radio services, micro-cell antennae and similar systems which exist now or may be developed in the future and exhibit technological characteristics similar to them. Failure to describe any electronic service shall not act as a limitation to these definitions.

UU.

"Yagi antenna" means a linear array in which the radiating elements are parallel to each other and are disposed along and perpendicular to a single supporting boom. The plane of the radiating elements may be vertical or horizontal.

(Ord. 783 § 1 (part), 2003)

17.47.040 - General requirements.

A.

Principal or Accessory Use. A different use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

B.

Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the development services director an inventory of its existing towers, antennas or sites approved for towers or antennas, that

are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height and design of each tower. The director may share such information with other applicants applying for administrative, plot plan or conditional use permit approval under this section or other organizations seeking to locate antennas within the jurisdiction of the city, provided, however, that the director is not, by sharing such information, in any way representing the accuracy of the information or warranting that such sites are available or suitable.

C.

State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for nullification of the conditional use permit or other city approval.

D.

Building Codes—Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

E.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

F.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises, if any, required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the development services director prior to final building inspection.

G.

Public Notice. For purposes of this section, any conditional use request, plot plan request, variance request or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Sections 17.47.080(D) and 17.47.090(D), in addition to any notice otherwise required by this code, California Environmental Quality Act, or California Government Code.

H.

Signs. Commercial communications towers and antennas or ancillary structures representing religious, cultural, commercial or other symbols, signs or statuary shall be prohibited. Such facilities shall not bear any signs or advert sign devices other than those required by federal regulations or other applicable law.

I.

RF Emissions. The city requires the same information submitted to the FCC regarding radio frequency (RF) emissions with any application to establish a new or expand an existing communications facility. If the application pertains to co-location, or to an additional facility on a parcel, a cumulative emissions report for the site is required. The city requires the information pursuant to its responsibility under the California Environmental Quality Act (CEQA), to determine cumulative environmental impacts for all permitted projects.

In addition to any information required for applications for conditional use permits, plot plans, project review committee or building permits, applicants shall submit the following:

A.

The setback distance between the proposed tower and the nearest residential unit and/or residentially zoned property;

B.

The separation distance from any other existing or proposed tower(s) within a one thousand foot radius;

C.

A realistic visual impact analysis with photo simulation of the proposed facility;

D.

Elevations drawn to scale showing all sides of any proposed buildings and structures;

E.

Proof that the location and design of the proposed antenna is approved by the FAA or local airport authority, if such approval is required;

F.

A description of the services that will be provided by the proposed site, including:

1.

A description of the location, type, capacity, field strength or power density, and calculated geographic service area of the proposed antenna or antenna array. The city retains the right to retain experts to review and assess the technical data.

2.

Copies of documentation showing the applicant/permittee is in compliance with all applicable licenses, permits or authorizations required by the FCC,

3.

Location of all existing, proposed and anticipated wireless communications facilities in the applicant/permittee's network located in the city, or within one-half mile of the city's corporate limit in any direction,

4.

A description of how the proposed facility fits into the applicant/permittee's network,

5.

In the instance where a facility is proposed within one hundred feet of residential dwellings, schools, child day care centers and hospitals, the applicant/permittee shall submit a narrative description of alternative sites considered, if any, and include specific reasons these alternative sites were not chosen.

6.

If in a residential zone, locate each of the closest commercial zones and show why these sites were not chosen.

(Ord. 783 § 1 (part), 2003)

A.

Commercial communication towers and commercial communication antennas may be permitted in residential zones pursuant to Section 17.47.070 and subject to standards set forth in Section 17.47.080. No such facility shall exceed sixty feet in height.

B.

Commercial communication towers and commercial communication antennas may be approved in any of the following zones pursuant to Section 17.47.070 and subject to standards as set forth in Section 17.47.090.

C-G ..... General Commercial

C-C ..... Community Commercial

C-N ..... Neighborhood Commercial

I-S ..... Service Industrial

I-G ..... General Industrial

P/Q-P ..... Public/Quasi-Public

A ..... Agricultural

A.

City Council Review. The following shall be reviewed by the city council, subject to a conditional use permit:

1.

All new wireless communications facilities, including but not limited to, lattice towers and monopoles that exceed sixty feet in height;

2.

Increased height of an existing city-approved antenna that exceeds seventy-five feet in height;

3.

All new wireless communications facilities including but not limited to, lattice towers and monopoles, in residential zones, except as noted in Section 17.47.070(B)(4); and

4.

All new wireless communications facilities on residentially designated property that is developed with a legal non-residential use (e.g., school, church, etc.) that exceed sixty feet in height.

B.

Planning Commission Review. The following shall be reviewed by the planning commission, subject to site plan approval:

1.

All new wireless communications facilities, including but not limited to, lattice towers and monopoles that do not exceed sixty feet in height which are located in a commercial or industrial zone;

2.

Increased height of an existing city-approved antenna where all city conditions of approval have been met, to a maximum of seventy-five feet in height and where the structure is located in a commercial or industrial zone;

3.

Placement of an antenna on any building in a commercial or industrial zone not screened from public view; and

4.

All new wireless communications facilities on residentially designated property that is developed with a legal non-residential use (e.g., school, church, etc.) that do not exceed sixty feet in height.

C.

Administrative Review. The following shall be reviewed by the project review committee, subject to standard building permits:

1.

Commercial communications facilities in non-residential zones up to a maximum of fifteen feet in height that are mounted on a building or rooftop and that are screened from view from all adjacent public rightsof-way;

2.

Commercial communications facilities in non-residential zones mounted on existing structures including, but not limited to, water tanks, pump stations, utility poles, ball field lighting where antenna height does not exceed structure height;

3.

Co-location of equipment on an existing city-approved support structure where all city conditions of approval have been met; and

4.

The installation of ground or building mounted satellite dishes for commercial use in non-residential zones.

D.

Exemptions. The following installations in residential zones exempt from the provisions of this section:

1.

The installation of one ground mounted satellite dish antenna in the rear yard which is less than twelve feet in diameter and less than fourteen feet in height;

2.

One satellite dish antenna which is less than twenty-four inches in diameter may be installed on a building provided that such antenna does not extend above the roofline of said building.

3.

Residential single-pole, tower roof, ground mounted television antennas; and

4.

Amateur radio antennas where the boom of any active element of the array is thirty feet or less and the fixed height does not exceed sixty-five feet. Automated or hand cranked telescoping amateur radio antennas may extend to a height of one hundred feet only while in use.

(Ord. 783 § 1 (part), 2003)

17.47.080 - Residential zone development standards.

A.

Tower Height. No tower located within a residential zone shall exceed sixty feet in height.

B.

Stealth Installation. All commercial communication towers and antennas located on residentially zoned property shall be designed as a stealth facility, intended to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees).

1.

Because palm trees are plentiful throughout the city a suggested screening method for a monopole antenna or large commercial antenna may be a "monopalm."

a.

A "monopalm" designed large commercial antenna shall include a cluster of at least three "Washingtonia robusta" (Mexican fan palm) or "Phoenix dactylifera" (date palm) to enhance the camouflaged antenna. Palms shall have a height that is within fifteen feet of the height of the monopalm and at varying heights planted around the monopalm at the time of installation. Existing landscaping material (real palm trees) may be considered in order to screen the monopalm.

b.

The monopalm itself will be textured in such a way to appear as the trunk of a palm tree. Manufactured palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets.

2.

Other screening methods may be utilized where approved by the city council.

C.

Setbacks. Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum requirements of the district in which they are located. The city council may reduce the required setbacks if the goals of this section would be better served thereby.

D.

Separation From Off-site Uses. Commercial communication tower/antenna shall be separated from residentially zoned lands or residential uses a minimum of three hundred feet. Said separation shall be measured from the base of the tower to the closest point of off-site use. The city council may reduce the standard separation from off-site uses to a minimum of one hundred twenty-five percent of the tower height if the goals of this section would be better served thereby.

E.

Fencing. Fencing shall be eight foot high wrought iron/brick pillar combination. Vertical spacing of the wrought iron members shall not exceed four inches. Brick pillars shall be located at each of the four corners, on each side of the entrance gate and every six feet in the field. No other type of fencing material is permissible in any residential zone without approval of the city council.

1.

Where brick pillars are installed, the developer/applicant shall provide a 12″ × 12″ sign, posted on one of the entrance gate pillars, that reads, "For graffiti removal please call --___." Upon notification, the developer/ applicant shall remove or cause to be removed all graffiti from the site. Removal of the graffiti shall be by high pressure wash or sand blasting, not by painting.

F.

Landscaping. Landscaping shall be installed around the entire perimeter of the project site/leasehold area. Landscaping shall consist of a combination of trees, ground cover, shrubs and desert vegetation. A permanent, automated, underground, full-coverage irrigation system shall be installed and properly maintained. A comprehensive landscape and irrigation plan must be approved by the planning department. The city council may reduce the landscape requirements if the goals of this section would be better served thereby.

G.

Lighting. If security or maintenance lighting of the facility is required, the placement, size and type of lighting shall be shown on improvement plans and shall be approved by the development services department. Lighting alternatives and design must cause the least disturbance to the surrounding views.

H.

Emergency Access. Emergency access to the site shall be provided as per current city standards and specifications and state of California fire code. The developer/applicant shall equip all gates with KNOX locks.

I.

Ancillary Equipment. The facility shall use the most quiet cooling equipment and emergency power generating apparatus available.

Installation of emergency power generating apparatus (i.e. back-up/standby generator) shall comply with all of the following:

a.

If a fuel tank is required for the emergency power generating apparatus it shall be self-contained and use the best available technology for the type of tank and installation; or use natural gas as a fuel source. Commercial above ground propane tanks are prohibited within residential zones.

b.

Written approval from Mojave Desert air quality management district shall be submitted prior to installation of the emergency power generating apparatus.

c.

Emergency power generating apparatus shall be equipped with a residential exhaust silencer meeting city standards at the time of installation. Noise levels shall be reduced to 60 dB L dn (or CNEL) or less within outdoor activity areas and 45 dB L dn ( or CNEL) or less within interior living spaces. Where it is not possible to reduce exterior noise levels within outdoor activity areas to 60 dB L dn (or CNEL) or less after the

practical application of the best available noise reduction technology, an exterior noise level of up to 65 dB L dn (or CNEL) will be allowed.

d.

The automatic exerciser on the emergency power generating apparatus shall be set to run only between the hours of eight a.m. and five p.m., Monday through Friday only.

e.

Installation of the emergency power generating apparatus shall comply with all current city standards and all state and/or national codes applicable to the facility. The developer/applicant shall provide documentation from Southern California Edison showing that all concerns and requirements with regard to the auto transfer switch have been addressed.

J.

Accessory Buildings. Accessory buildings housing equipment in support of commercial antennas shall not exceed a height of twelve feet and shall not be used for offices or material storage. All accessory structures or buildings shall comply with the minimum required setbacks of the zone in which it is located. The use of materials and colors for accessory structures/buildings or cabinets shall be designed to blend with the exterior of existing structures within the area. A materials and color sample (minimum 12″ × 12″) shall be submitted as part of the conditional use permit application.

K.

Building and tower appearance shall be consistent with approved elevations and specifications.

(Ord. 783 § 1 (part), 2003)

A.

Tower Height. No tower shall exceed seventy-five feet in height. Additional height may be approved by the city council provided that technical data justifies the need for greater height.

B.

Stealth Installation. All commercial communication towers and antennas shall be designed as a stealth facility, intended to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees).

1.

Because palm trees are plentiful throughout the city a suggested screening method for a monopole antenna or large commercial antenna may be a "monopalm."

a.

A "monopalm" designed large commercial antenna shall include a cluster of at least three "Washingtonia robusta" (Mexican fan palm) or "Phoenix dactylifera" (date palm) to enhance the camouflaged antenna. Palms may have a height that is within fifteen feet of the height of the monopalm. and at varying heights planted around the monopalm at the time of installation. Existing landscaping material (real palm trees) may be considered in order to screen the monopalm.

b.

Where visible from a public right-of-way, the monopalm itself shall be textured in such a way to appear as the trunk of a palm tree. Manufactured palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets.

c.

Where not visible from a public right-of-way, the monopalm itself shall be treated in such a way to appear as the trunk of a palm tree. Manufactured palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets.

2.

Other screening methods may be utilized where approved by the city council.

3.

Where it can be demonstrated by the applicant that stealth installation is neither practical or feasible, the city council may approve non-stealth installation.

C.

Non-stealth Installation. Non-stealth installation shall meet the following requirements:

1.

Towers shall be painted a neutral color so as to reduce visual obtrusiveness. A color sample (minimum 12″ × 12″) shall be submitted as part of the conditional use permit application.

D.

Setbacks. Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum requirements of the district in which they are located. The reviewing body may modify the required setbacks if the goals of this section would be better served thereby.

E.

Separation From Off-site Uses. Commercial communication tower/antenna shall be separated from existing off-site structures a minimum of one hundred ten percent of the proposed tower height. Said separation shall be measured from the base of the tower to the closest point of off-site structure except in residentially zoned areas as defined in Section 17.47.080(D) (three hundred feet).

F.

Fencing.

1.

Industrial Zones. Fencing shall be eight foot high chain link or material similar to that used on adjacent properties.

2.

Commercial and Quasi-Public Zones. Where visible from a public right-of-way, fencing shall be eight foot high wrought iron/brick pillar combination. Vertical spacing of the wrought iron members shall not exceed four inches. Brick pillars shall be located at each of the four corners, on each side of the entrance gate, and every six feet in the field. Where not visible from a public right-of-way, fencing may be eight foot high chain link or material similar to that used on adjacent properties.

a.

Where brick pillars are installed, the developer/applicant shall provide a 12″ × 12″ sign, posted on a one of the entrance gate pillars, that reads, "For graffiti removal please call --___." Upon notification, the developer/ applicant shall remove or cause to be removed all graffiti from the site. Removal of the graffiti shall be by high pressure wash or sand blasting, not by painting.

G.

Landscaping. Landscaping shall be installed around the entire perimeter of the project site/leasehold area. Landscaping shall consist of a combination of trees, ground cover, shrubs and desert vegetation. A permanent, automated, underground, full-coverage irrigation system shall be installed and properly maintained. A comprehensive landscape and irrigation plan must be approved by the planning department.

The reviewing body may modify the landscape requirements if the goals of this section would be better served thereby.

H.

Lighting—If security or maintenance lighting of the facility is required, the placement, size and type of lighting shall be shown on improvement plans and shall be approved by the development services department. Lighting alternatives and design must cause the least disturbance to the surrounding views.

I.

Emergency Access. Emergency access to the site shall be provided as per current city standards and specifications and state of California fire code. The developer/applicant shall equip all gates with KNOX locks.

J.

Ancillary Equipment. The facility shall use the most quiet cooling equipment and emergency power generating apparatus available. Installation of emergency power generating apparatus (i.e. backup/standby generator) shall comply with all of the following:

1.

If a fuel tank is required for the emergency power generating apparatus it shall be self-contained and use the best available technology for the type of tank and installation; or use natural gas as a fuel source. Commercial above ground propane tanks are prohibited within residential zones.

2.

Written approval from Mojave desert air quality management district shall be submitted prior to installation of the emergency power generating apparatus.

3.

Emergency power generating apparatus shall be equipped with a residential exhaust silencer meeting city standards at the time of installation. Noise levels shall be reduced to 60 dB L dn (or CNEL) or less within outdoor activity areas and 45 dB L dn (or CNEL) or less within interior living spaces. Where it is not possible to reduce exterior noise levels within outdoor activity areas to 60 dB L dn (or CNEL) or less after the practical application of the best available noise reduction technology, an exterior noise level of up to 65 dB L dn (or CNEL) will be allowed.

4.

The automatic exerciser on the emergency power generating apparatus shall be set to run only between the hours of eight a.m. and five p.m., Monday through Friday only.

5.

Installation of the emergency power generating apparatus shall comply with all current city standards and all state and/or national codes applicable to the facility. The developer/applicant shall provide documentation from Southern California Edison showing that all concerns and requirements with regard to the auto transfer switch have been addressed.

K.

Accessory Buildings. Accessory buildings housing equipment in support of commercial antennas shall not exceed a height of twelve feet and shall not be used for offices or material storage. All accessory structures or buildings shall comply with the minimum required setbacks of the zone in which it is located. The use of materials and colors for accessory structures/buildings or cabinets shall be designed to blend with the exterior of existing structures within the area. A materials and color sample (minimum 12″ × 12″) shall be submitted as part of the conditional use permit application.

L.

Building and tower appearance shall be consistent with approved elevations and specifications.

(Ord. 783 § 1 (part), 2003)

All applications for wireless communications facilities shall include written assurances that the facilities shall be operated in accordance with the following:

A.

Maintenance. All facilities, landscaping and related equipment shall be maintained in good working order and free from trash, debris, graffiti and designed to discourage vandalism. Any damaged equipment shall be repaired or replaced within twenty-four hours. Damaged, dead or decaying plant materials shall be removed and replaced within ten days from the date of notification.

B.

Monitoring. Once the wireless communications facility is operating, the city may, if a legitimate concern regarding the facility arises, require the applicant/permittee to submit documentation that the facility is operating within the technical standards described in the application and the Federal Communications Commission permit. Independent field strength or power density measurements shall be provided to the director within thirty days of written request to the applicant/permittee.

(Ord. 783 § 1 (part), 2003)

All wireless communications facilities which receive a permit under this section shall be completed and operational within one hundred eighty calendar days of the issuance of the permit and all related permits or licenses. The construction time may be extended for an additional one hundred eighty calendar days upon a showing of good faith efforts to complete the facility, which shall take into account complications beyond the control of applicant/permittee. If the facility is not completed and operational by the end of the

extension period, then the permit shall expire, and the applicant/permittee must reapply for the permit; however, this provision shall not apply when the applicant/permittee demonstrates to the satisfaction of the director that the operational delay is due entirely to factors beyond the control of the applicant/permittee, in which event the director may extend the construction time in his or her discretion.

(Ord. 783 § 1 (part), 2003)

Any commercial antenna carrier who intends to decommission or discontinue use of a commercial antenna shall notify the city by certified mail no less than thirty days prior to such action. The commercial antenna carrier or owner of the affected real property shall have ninety days from the date of decommissioning or discontinuance, or a reasonable time as may be approved by the director, to dismantle and remove the commercial antenna and all ancillary structures and restore the site to its original condition. In the case of multiple carriers sharing use of a single tower, this provision shall not become effective until all carriers cease operation. The subject conditional use permit shall become null and void.

(Ord. 783 § 1 (part), 2003)

Any facility that ceases operating for more than one hundred eighty consecutive days shall be considered abandoned. Upon a finding of abandonment, the city shall provide notice to the commercial antenna carrier last known to use such facility and, if applicable, the owner of the affected real property, providing ninety days from the date of the notice to 1) apply for all permits required at the time of expiration to reactivate the operation, or 2) dismantle and remove the commercial antenna and all ancillary structures and restore the site to its original condition. In the event the applicant/permittee fails to apply for permits or perform the removal and restoration within ninety days, the property owner shall have the facility removed.

If the property owner does not remove the equipment or does not request a hearing before the director on the issue of whether the equipment is abandoned and subject to removal, the city may have the equipment removed and store it in a secure location. The owner shall have fourteen days from the date the city provides the owner with written notice of removal of the equipment and notification of the current location of equipment to reclaim the equipment. If the equipment is not reclaimed in accordance with this section, the city may dispose of the equipment in accordance with the city's existing policy for disposal of abandoned or lost property. All expenses associated with the removal of the facility shall be charged back to the applicant/permittee and/or property owner.

(Ord. 783 § 1 (part), 2003)

At such time as is technologically allowable, modification to the facility shall be performed by the applicant, permittee, assignee or any successor-in-interest within a twenty-four-month period. Modification may include, but shall not be limited to, lowering of the tower height, removal of the microwave dishes, or the installation of cellular telephone locating capabilities as may be required by state of federal statute.

(Ord. 783 § 1 (part), 2003)

A.

Modifications to Existing Projects. Any modification to a wireless communication facility existing at the time of the adoption of the ordinance codified in this chapter shall be processed through a new conditional use permit and the facility as modified shall comply with the standards contained in this section.

B.

All wireless communication facilities existing at the time of the adoption of the ordinance codified in this chapter shall either be removed or be modified through the approval of a new conditional use permit as specified in subsection A of this section, on or before the tenth anniversary of the effective date of the ordinance codified in this chapter.

C.

Notwithstanding the provisions of subsection B of this section, the deadline for removal or modification of an existing wireless communications facility may be extended upon application by the owner of the facility. The extension shall be granted if the owner can demonstrate that as applied to the owner's facility the amortization period stated in subsection B of this section is unreasonably short when considering factors including, but not limited to, the depreciated value of the facility to be removed or modified, the remaining useful life of the facility to be removed or modified and the harm to the public that would result from the continued existence of the facility without modification.

(Ord. 783 § 1 (part), 2003)

17.47.170 - Installation of wireless communication facilities on sites with nonconforming conditions.

Notwithstanding any other provisions of this title, the installation of a wireless communications facility and ancillary structures may be permitted on a property on which there exists a nonconforming building, structure, use or site conditions, provided the wireless communications facility and ancillary structures are approved through a conditional use permit, as required by this section, except that such installation shall not be permitted on any site on which there exists a nonconforming sign or fire safety hazard, as documented by the development services director.

(Ord. 783 § 1 (part), 2003)

Chapter 17.49 - SEXUALLY ORIENTED BUSINESSES

Sections:

17.49.010 - Purpose and findings.

A.

Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

B.

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on findings from the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the council finds:

1.

Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.

2.

Certain employees of sexually oriented businesses defined in this chapter as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

3.

Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.

4.

Offering and providing such space encourages such activities, which creates unhealthy conditions.

5.

Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

6.

At least fifty communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.

7.

Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States—six hundred in 1982, two thousand two hundred in 1983, four thousand six hundred in 1984, eight thousand five hundred fifty-five in 1985 and two hundred fifty-three thousand four hundred forty-eight through December 31, 1992.

8.

As of January 31, 1998, there have been one hundred five thousand one hundred twenty-one reported cases of AIDS in the State of California, resulting in sixty-six thousand four hundred fifty deaths.

9.

Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV anti-body test in Blythe, California.

10.

The number of cases of early (less than one year) syphilis in the United States reported annually has steadily declined since 1991, with fifty-three thousand eight hundred fifty-five cases reported in 1991 and twenty thousand one hundred eighty-seven cases reported in 1996.

11.

The number of cases of gonorrhea in the United States reported annually remains at a high level, with over three hundred twenty-five thousand cases being reported in 1996.

12.

The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

13.

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

14.

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the

failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

15.

Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.

16.

The findings noted in subsection (B)(1) through (15) of this section raise substantial governmental concerns.

17.

Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

18.

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.

19.

Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.

20.

Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

21.

The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.

22.

It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity.

23.

The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.

24.

The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.

25.

The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this chapter.

(Ord. 746 § 2 (part), 1998)

17.49.020 - Definitions.

As used in this chapter, the following shall apply:

"Adult arcade" means any place to which the public is permitted or invited wherein coin-operated, slugoperated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

"Adult bookstore," "adult novelty store" or "adult video store" means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

2.

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business

purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

1.

Persons who appear in a state of nudity or semi-nude; or

2.

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

3.

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult motel" means a hotel, motel or similar commercial establishment which:

1.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

2.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

3.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

"Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

"Employee" means a person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

"Escort" means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

"Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

"Establishment" means and includes any of the following:

1.

The opening or commencement of any sexually oriented business as a new business;

2.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

3.

The additions of any sexually oriented business to any other existing sexually oriented business; or

4.

The relocation of any sexually oriented business.

"Licensee" means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

"Nude model studio" means any place where a person who appears semi-nude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the state or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

1.

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and

2.

Where in order to participate in a class a student must enroll at least three days in advance of the class; and

3.

Where no more than one nude or semi-nude model is on the premises at any one time.

"Nudity" or a "state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

"Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.

"Semi-nude" or in a "semi-nude condition" means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast; but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

"Sexual encounter center" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

1.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

2.

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.

"Sexually oriented business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

"Specified anatomical areas" means:

1.

The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

2.

Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

"Specified criminal activity" means any of the following offenses:

1.

Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;

2.

For which:

a.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

b.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

c.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.

3.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

"Specified sexual activities" means any of the following:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

2.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

Excretory functions as part of or in connection with any of the activities set forth in (1) through (2) above.

"Substantial enlargement" of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent, as the floor areas exist on the date the ordinance codified in this section takes effect.

"Transfer of ownership or control" of a sexually oriented business means and includes any of the following:

1.

The sale, lease, or sublease of the business;

2.

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

3.

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Ord. 746 § 2 (part), 1998)

17.49.030 - Classification.

Sexually oriented businesses are classified as follows:

A.

Adult arcades;

B.

Adult bookstores, adult novelty stores, or adult video stores;

C.

Adult cabarets;

D.

Adult motels;

E.

Adult motion picture theaters;

F.

Adult theaters;

G.

Escort agencies;

H.

Nude model studios; and

I.

Sexual encounter centers.

(Ord. 746 § 2 (part), 1998)

17.49.040 - License required.

A.

It is unlawful:

1.

For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city pursuant to this chapter.

2.

For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the city pursuant to this chapter.

3.

For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.

B.

An application for a license must be made on a form provided by the city.

C.

All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications established in this chapter.

D.

If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty percent or greater interest in the business must

sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.

E.

The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:

1.

If the applicant is:

a.

An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is eighteen years of age;

b.

A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

c.

A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

2.

If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state (a) the sexually oriented business's fictitious name and (b) submit the required registration documents.

3.

Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.

4.

Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually

oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

5.

Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.

6.

The single classification of license for which the applicant is filing.

7.

The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.

8.

The applicant's mailing address and residential address.

9.

A recent photograph of the applicant(s).

10.

The applicant's driver's license number, Social Security number, and/or his/her state or federally issued tax identification number.

11.

A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

12.

A current certificate and straight-line drawing prepared within thirty days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within one thousand feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within five hundred feet of the property to be certified.

Note: For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in Section 17.49.140.

F.

Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the city the following information:

1.

The applicant's name or any other name (including "stage" names) or aliases used by the individual;

2.

Age, date, and place of birth;

3.

Height, weight, hair and eye color;

4.

Present residence address and telephone number;

5.

Present business address and telephone number;

6.

Date, issuing state and number of driver's permit or other identification card information;

7.

Social Security number; and

8.

Proof that the individual is at least eighteen years of age.

G.

Attached to the application form for a sexually oriented business employee license as provided above, shall be the following:

1.

A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant.

2.

A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state, or country, has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the operation, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

3.

A statement of whether or not the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

(Ord. 746 § 2 (part), 1998)