Chapter 17.59 — SPECIAL USES

The city council finds that the following uses are subject to such close overview as to location, operation, regulations, harmony with other uses, hours and other matters as to make necessary special zoning for such uses:

A.

Adult-oriented businesses;

B.

Entertainment businesses;

C.

Massage parlors;

D.

Gasoline stations;

E.

Motion picture theaters.

(Ord. 597 § 5, 2006: Ord. 403 § 1(part), 1986: Ord. 401 § 1(part), 1986).

The city council finds and determines that the planning and building departments of this city (and those of other cities) have indicated that the present controls relating to the appropriate zoning of adult-oriented businesses are inadequate to meet special conditions relating to such uses, including problems relating to litter, traffic, parking, hours of operation, noise, congestion, public nuisance, depreciation of property values, proximity to incompatible uses, appropriate concentration and dispersal of such activities and other matters relating to public health, safety and welfare and the police power of this city; that it is appropriate to amend the zoning code regulations for such uses, and to abate nonconforming uses.

(Ord. 597 § 6, 2006: Ord. 403 § 1(part), 1986: Ord. 401 § 1(part), 1986).

The words and phrases used in this chapter shall be governed by the definitions contained in Chapter 9.53 or 17.08 of this code.

(Ord. 597 § 7, 2006).

A.

An adult-oriented business shall only be permitted in the following zones:

1.

Heavy Manufacturing (designated by the acronym "M2"); and

2.

Quarry (designated by the acronym "Q").

B.

An adult-oriented business shall not be permitted within one thousand feet of the following locations:

1.

A place of worship;

2.

An educational institution;

3.

A residentially zoned property or any legal nonconforming residential uses;

A public park;

5.

Premises with on-site or off-site retail sales of alcoholic beverages; or

6.

Another adult-oriented business.

C.

Any other sexually oriented business, whether an adult-oriented business or not, shall be similarly regulated and restricted under the authority of the U.S. Supreme Court cases of "Young v. American Mini-theatres" and "Renton v. Playtime."

D.

The distance of separation, required by subsection B of this section, shall be made using a straight line, without regard to intervening structures or objects, from the property line of the lot on which the adultoriented business shall be located to the nearest property line of the lot upon which is located a residential use, place of worship, educational institution, park, premises selling alcoholic beverages or another adultoriented business.

E.

Permit Required. Adult-oriented businesses shall obtain a permit in compliance with all applicable requirements of Chapter 9.53 of this code which is incorporated in this section by reference.

(Ord. 597 § 8, 2006: Ord. 403 § 1(part), 1986: Ord. 401 § 1(part), 1986).

A.

Adult-oriented businesses shall comply with the city's parking standards for the underlying use. Where no objective city parking standards exist for a particular underlying use, parking shall be provided at a ratio of one space for every one and one-half occupants based upon the maximum occupancy approved by the Los Angeles County Fire Department.

B.

Adult-oriented business shall also comply with the requirements of Chapter 9.53 of this code.

(Ord. 597 § 9, 2006).

In the event any prohibition set forth above in this chapter is held by any court of jurisdiction to be invalid, or inapplicable, then such use or uses shall ipso facto, immediately, and automatically be classified as a conditional use permit pursuant to the provisions of the zoning code of this city and an environmental impact report pursuant to the California Environmental Quality Act.

(Ord. 403 § 1(part), 1986: Ord. 401 § 1(part), 1986).

In the event there exists on the date of enactment hereof any use which qualifies as a preexisting nonconforming use, then such use may either:

A.

Be summarily abated as a public nuisance if after a due process hearing the city council so determines; or

B.

Be amortized over a useful life of twelve months from date of notice, and then abated as a violation of this code.

(Ord. 597 § 10, 2006: Ord. 403 § 1(part), 1986: Ord. 401 § 1(part), 1986).