Chapter 21.58 — ACCESSORY DWELLING UNITS

The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 66310—66342.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

An ADU or JADU that conforms to the standards in this chapter will not be:

A.

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

B.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

D.

Required to correct a nonconforming zoning condition, as defined in Section 21.58.030 (Definitions). This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

As used in this chapter, terms are defined as follows:

A.

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2.

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C.

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

D.

"Efficiency kitchen" means a kitchen that includes all of the following:

1.

A cooking facility with appliances.

2.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E.

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1.

It is no more than five hundred square feet in size.

2.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

3.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed singlefamily structure.

4.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5.

It includes an efficiency kitchen, as defined in Subsection 21.58.030(D).

F.

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

G.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

H.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

I.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

J.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

K.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

L.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

The following approvals apply to ADUs and JADUs under this chapter:

A.

Building-Permit Only. If an ADU or JADU complies with each of the general requirements in Section 21.58.050 (General ADU and JADU Requirements), it is allowed with only a building permit in the following scenarios:

1.

Converted on a Lot with a Single-Family Dwelling: One ADU as described in this Paragraph 21.58.040(A)1. and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

a.

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty additional square feet if the expansion is limited to accommodating ingress and egress; and

b.

Has exterior access that is independent of that for the single-family dwelling; and

c.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

d.

The JADU complies with the requirements of Government Code Sections 66333 through 66339.

2.

Limited Detached ADU on a Lot with a Single-Family Dwelling: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Paragraph 21.58.040(A)1. (Converted on a Lot with a Single-Family Dwelling), if the detached ADU satisfies each of the following limitations:

a.

The side- and rear-yard setbacks are at least four feet.

b.

The total floor area is eight hundred square feet or smaller.

c.

The peak height above grade does not exceed the applicable height limit in Subsection 21.58.050(B) (Height).

3.

Converted on a Lot with a Multi-Family Dwelling: One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this Paragraph 21.58.040(A)3. at least one converted ADU is allowed within an existing multi-family dwelling, up to a quantity equal to twenty-five percent of the existing multi-family dwelling units.

4.

Limited Detached on a Lot with a Multi-Family Dwelling: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multi-family dwelling, if each detached ADU satisfies all of the following:

a.

The side- and rear-yard setbacks are at least four feet. If the existing multi-family dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multi-family dwelling as a condition of approving the ADU.

b.

The peak height above grade does not exceed the applicable height limit provided in Subsection 21.58.050(B) (Height).

c.

If the lot has an existing multi-family dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

B.

ADU Permit.

1.

Except as allowed above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Sections 21.58.050 (General ADU and JADU Requirements) and 21.58.060 (Local ADU Requirements).

2.

The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the city council by resolution.

C.

Process and Timing.

1.

An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

2.

The city must approve or deny an application to create an ADU or JADU within sixty days from the date that the city receives a completed application. If the city has not approved or denied the completed application within sixty days, the application is deemed approved unless either:

a.

The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or

b.

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

3.

If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty-day time period established by Paragraph 21.58.040(C)2.

A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

• (Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

The following requirements apply to all ADUs and JADUs that are approved under Subsections 21.58.040(A) (Building-Permit Only) or 21.58.040(B) (ADU Permit):

A.

Zoning.

1.

An ADU subject only to a building permit under Subsection 21.58.040(A) (Building-Permit Only) may be created on a lot in a residential or mixed-use zone.

2.

An ADU subject to an ADU permit under Subsection 21.58.040(B) above may be created on a lot that is zoned to allow single-family residential use or multi-family dwelling residential use.

3.

In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

B.

Height.

1.

Except as otherwise provided by Paragraphs 21.58.050(B)2. and 21.58.050(B)3., a detached ADU created on a lot with an existing or proposed single family or multi-family dwelling unit may not exceed sixteen feet in height.

2.

A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single family or multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3.

A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height.

4.

An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the

foregoing, ADUs subject to this Paragraph 21.58.050(B)4. may not exceed two stories.

5.

For purposes of this Subsection 21.58.050(B) (Height), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

C.

Fire Sprinklers.

1.

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2.

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

D.

Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty days. This prohibition applies regardless of when the ADU or JADU was created.

E.

No Separate Conveyance. Except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a lot with a singlefamily dwelling) or from the lot and all of the dwellings (in the case of a lot with a multi-family dwelling).

F.

Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

G.

Owner Occupancy.

1.

ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.

2.

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this Subsection 21.58.050(G) (Owner Occupancy) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

H.

Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the zoning administrator. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

1.

Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling.

2.

The ADU or JADU is restricted to the approved size and to other attributes allowed by this chapter.

3.

The deed restriction runs with the land and may be enforced against future property owners.

4.

The deed restriction may be removed if the owner eliminates the ADU or JADU. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The zoning administrator may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the zoning administrator's determination consistent with Chapter 21.25 (Appeals and Calls for Review). If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

5.

The deed restriction is enforceable by the zoning administrator or their designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

I.

Building and Safety.

1.

Must Comply with Building Code. Subject to Paragraph 21.58.050(I)2. (No change of occupancy), all ADUs and JADUs must comply with all local building code requirements.

2.

No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this Paragraph 21.58.050(I)2. (No Change of Occupancy) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this chapter.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

The following requirements apply only to ADUs that require an ADU permit under Subsection 21.58.040(B) (ADU Permit).

A.

Maximum Size.

1.

The maximum size of a detached or attached ADU subject to this Section 21.58.060 (Local ADU Requirements) and proposed on a lot with a single-family dwelling is one thousand two hundred square feet.

2.

The maximum size of a detached or attached ADU subject to this Section 21.58.060 (Local ADU Requirements) and proposed on a lot with a multi-family dwelling is eight hundred fifty square feet for a studio or one-bedroom unit and one thousand square feet for a unit with two or more bedrooms.

3.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent of the floor area of the existing primary dwelling.

B.

Application of other development standards in this Section 21.58.060 (Local ADU Requirements) might further limit the size of the ADU, but no application of the percent-based size limit in Paragraph 21.58.060(A)3. or of a front setback, lot coverage limit, or open-space requirement may require the ADU to be less than eight hundred square feet.

C.

Minimum Setbacks. Subject to Subsection 21.58.060(B):

1.

ADUs that are subject to this Section 21.58.060 (Local ADU Requirements) must conform to four-foot minimum side and rear setbacks.

2.

ADUs that are subject to this Section 21.58.060 (Local ADU Requirements) must conform to a fifteen-foot minimum front setback (twenty-foot setback to any garage door) except in the following circumstances:

a.

In the R-1 B-3, R-1 B-4, and R-1 B-5 zoning districts, the ADU must conform to a twenty-foot minimum front setback; and

b.

In the R-2, R-3, R-4 and R-5, the ADU must conform to a twenty-five-foot minimum front setback from an arterial street.

3.

No setback is required for an ADU that is subject to this Section 21.58.060 (Local ADU Requirements) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

D.

Building Separation. Minimum separation of six feet shall be maintained between an ADU and other structures on the property (excepting structures to which they are attached).

E.

Lot Coverage. No ADU subject to this Section 21.58.060 (Local ADU Requirements) may cause the total lot coverage of the lot to exceed fifty percent, subject to Subsection 21.58.060(B).

F.

Minimum Open Space. Subject to Subsection 21.58.060(B), an ADU subject to this Section 21.58.060 (Local ADU Requirements) must provide at least two hundred square feet of private open space with a minimum dimension of ten feet.

G.

Passageway. No passageway, as defined by Subsection 21.58.030(I) above, is required for an ADU.

H.

Parking.

1.

Generally. One off-street parking space on a paved surface served by a paved driveway is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Subsection 21.58.030(L), including on a paved driveway, unless otherwise determined by the zoning administrator to be not feasible based upon specific site or regional topographical or fire and life safety conditions.

2.

Exceptions. No parking under Paragraph 21.58.060(H)1. (Generally) is required in the following situations:

a.

The ADU is located within one-half mile walking distance of public transit, as defined in Subsection 21.58.030(K) above.

b.

The ADU is located within an architecturally and historically significant historic district.

c.

The ADU is part of the proposed or existing primary residence or an accessory structure under Subsection 21.58.040(A)1. above.

d.

When on-street parking permits are required but not offered to the occupant of the ADU.

e.

When there is an established car share vehicle stop located within one block of the ADU.

f.

When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Subparagraphs 21.58.060(H)2.a. through 21.58.060(H)2.e.

3.

No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

I.

Architectural Requirements.

1.

The exterior of an ADU shall include four or more of the following elements (the applicant may choose which four elements to select):

a.

The same roof style (e.g., gable, hip, etc.) as the roof style of the primary dwelling(s);

b.

The same roof slope as the dominant roof slope of the primary dwelling(s), with the dominant roof slope being the slope shared by the largest portion of the roof;

c.

The same roof material and color as the primary dwelling(s);

d.

The same primary siding material or color as the primary dwelling(s);

e.

The same eave depth as the primary dwelling(s);

f.

The same window and door trim as the primary dwelling(s);

g.

Porch, bay window, or other facade articulation to break up flat wall planes.

2.

Outdoor lighting shall be shielded so that the light source is not visible from off-site. Shielding shall be at least two inches in dimension measured from the lens or light source to direct light toward buildings or the ground and reduce glare.

3.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

4.

The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

J.

Landscape Requirements. At least one fifteen-gallon size canopy tree shall be planted for every ADU and JADU. The tree may be located in the private open space, front yard, or as a street tree.

K.

Maximum Size of Floor Area that is not Livable Space. The maximum size for any non-livable space (e.g., garage) that is attached to a detached ADU shall be five hundred square feet. Exceptions shall be subject to approval of a development plan modification (Section 21.16.020).

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

The following requirements apply to all ADUs that are approved under Subsections 21.58.040(A) (Building-Permit Only) or 21.58.040(B) (ADU Permit).

A.

No impact fee is required for an ADU that is less than seven hundred fifty square feet in size. For purposes of this Section 21.58.070, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

B.

Any impact fee that is required for an ADU that is seven hundred fifty square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

21.58.080 - Nonconforming zoning code conditions, building code violations, and unpermitted structures.

A.

Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B.

Unpermitted ADUs and JADUs Constructed Before 2020.

1.

Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

a.

The ADU or JADU violates applicable building standards, or

b.

The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Chapter 21.58).

2.

Exceptions:

a.

Notwithstanding Paragraph 21.58.080(B)1. (Permit to Legalize), the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

b.

Paragraph 21.58.080(B)1 (Permit to Legalize) does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

Any proposed ADU or JADU that would otherwise be allowed under this chapter but that does not conform to the objective design or development standards set forth in Sections 21.58.010 through 21.58.080 may be allowed by the City with a Conditional Use Permit, in accordance with Chapter 21.19 (Conditional Use Permits and Administrative Use Permits)and the other provisions of this title.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

Chapter 21.59 - ADULT BUSINESS USES

21.59.010 - Purpose and findings.

A.

Purpose. The purpose and intent of this chapter is to provide for the comprehensive and orderly regulation of adult business uses. It is recognized that adult businesses possess certain characteristics that can have a detrimental effect upon adjacent areas. It is also recognized that locating adult businesses in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material that, because of their immaturity, may adversely affect them. Therefore, special regulation of these uses is necessary to ensure that any adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or have an adverse effect on minors.

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 adult-oriented materials. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market.

B.

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community contained in 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), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M, 120 S. Ct. 1382 (2000) and on studies in other communities including, but not limited to: Phoenix, Arizona (1979);

Minneapolis, Minnesota (1980); St. Paul, Minnesota; Houston, Texas (1983); Garden Grove, California (1991); Los Angeles, California (1977); Whittier, California (1978); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City, Oklahoma (1986); Cleveland, Ohio (1977); Beaumont, Texas (1982); Tucson, Arizona (1990); Indianapolis, Indiana (1984) the City Council finds:

1.

Adult businesses are linked to increases in the crime rates in those areas in which they are located and in surrounding areas;

2.

Both the proximity of adult businesses to sensitive land uses and the concentration of adult businesses tend to result in blight and deterioration of the areas in which they are located;

3.

The proximity and concentration of adult businesses adjacent to residential, recreational, religious, educational uses, as well as their proximity to other adult business uses can have adverse secondary effects on local businesses and residences;

4.

There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that adult businesses that are not regulated as to permissible locations often have a deleterious effect on nearby businesses in residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values;

5.

The locational requirements established by this chapter do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in the city of Paso Robles, and a sufficient reasonable number of appropriate locations for adult businesses are provided by this chapter;

6.

Evidence indicates that some dancers, models and entertainers, and other persons who publicly perform sexual activities or publicly display specified anatomical areas in adult businesses have been found to engage in sexual activities with patrons of adult businesses on the site of the adult business;

Evidence demonstrates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as a location for engaging in unlawful sexual activity. Offering and providing such space encourages such activities, which creates unhealthy conditions;

8.

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;

9.

As a result of the above, and the increase in incidents of sexually transmitted diseases, the city has a substantial interest in adopting regulations that will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts in adult businesses. At least fifty communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, gonorrhea, syphilis, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections;

10.

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;

11.

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 an incentive on the operators to see that the adult 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 adult business, fully in possession and control of the premises and activities occurring therein;

12.

The city council, in adopting operational standards, recognizes that these standards do not preclude reasonable alternative avenues of communication. The city council takes note of the proliferation of adult material on the Internet and its availability as an alternative avenue of communication. The city council also considers and relies on published decisions examining the proliferation of communications on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) (the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet); Anheuser-Busch v. Schmoke, 101 F.3d 325, 329 (4th Cit. 1996), cert. denied 520 U.S. 1204 (1997)(rejecting a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the Internet is one available channel of communication; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see also US. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied, 519 U.S. 820 (recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions). The emergence of the Internet brings with it a virtually unlimited additional source of adult oriented sexual material available to interested persons in every community with a mere keystroke. An adult business no longer has to be "actually" physically located in a city to be available in the community;

Possible harmful effects may be caused by the exposure of adult businesses to children and minors. The city council desires to minimize and control the adverse secondary side effects associated with the operation of adult businesses and thereby protect the health, safety, and welfare of its citizens, protect the citizens from increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the spread of communicable and sexually transmitted diseases; and

14.

The city council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prevent or reduce the secondary impacts associated with such public nudity.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)