301.16: ACCESSORY DWELLING UNITS: — Porterville Zoning Code

The following standards shall apply to detached accessory dwelling units, attached accessory dwelling units, conversion accessory dwelling units, and junior accessory dwelling units.

A. Development Standards

Foundation. A permanent foundation shall be required for all accessory dwelling units.
Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling.
Design. Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three of the following traits in common with the primary dwelling on-site:

a. Wall covering materials.
b. Wall color.
c. Roofing material.
d. Roofing pitch.
e. Structural eaves.
f. Mass and scale of structure relative to structural height.
g. Window characteristics (window shape, operational style, grids, sills, trim).

Manufactured Homes. A manufactured home may be used as an accessory dwelling unit provided it meets the standards for new detached accessory dwelling units in this Section.
Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multifamily dwelling.
Utility Connection. All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services, a. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling.
Garage conversion. When a garage or other accessory structure providing off-street parking is converted to an accessory dwelling unit, the City shall not mandate removal of the existing driveway and related approach.

B. Occupancy and Conveyance Requirements

Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than thirty (30) days.
Sale and Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Government Code section 66431 are met.

C. Detached Accessory Dwelling Units

Location. Detached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling. An existing dwelling on-site may be classified as the detached accessory dwelling unit upon construction and occupation of a proposed dwelling on-site. Detached accessory dwelling units may be located in an existing accessory structure.
Maximum Number of Detached Accessory Dwelling Units

a. When accompanied by a proposed or existing single-family dwelling, the maximum number of detached accessory dwelling units shall be one. The detached accessory dwelling unit may be in addition to an existing or proposed attached accessory dwelling unit and an existing or proposed junior accessory dwelling unit.

b. When accompanied by a proposed multi-family dwelling, the maximum number of detached accessory dwelling units shall be two (2) per lot.

c. When accompanied by an existing multi-family dwelling, the maximum number of detached accessory dwelling units shall be eight (8) per lot.

d. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

Floor Area

a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.

b. When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet.

c. When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum square feet may exceed 1,200 square feet to an amount equal to the square footage of the existing accessory structure to be converted.

Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard. Detached accessory dwelling units are not required to be detached from each other but must be detached from the multifamily dwelling.
Maximum Height. The maximum height of detached accessory dwelling units shall be as follows:

a. For one-story detached accessory dwelling units, the maximum height shall be sixteen (16) feet. Where the detached accessory dwelling unit is located within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code, or with an existing or proposed multifamily dwelling of more than one-story, the maximum height shall be eighteen (18) feet.

b. For two-story detached accessory dwelling units, the maximum height shall be twenty-five (25) feet.

c. Height Exceptions.
(1) An additional two (2) feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

(2) When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum height may exceed the limits of Section 9.195.050, subsection (E)(1) to an amount equal to the height of the existing accessory structure to be converted.

Parking. One (1) parking space shall be required for use by the detached accessory dwelling unit in addition to the minimum parking required for the primary single-family or multifamily dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered. No parking shall be required in any of the following circumstances:

a. The detached accessory dwelling unit is located within one- half (1/2) mile walking distance of public transit.
b. The detached accessory dwelling unit is located within an architecturally and historically significant historic district.
c. The detached accessory dwelling unit is converting an existing accessory structure.
d. On-street parking permits are required but not offered to the occupant of the detached accessory dwelling unit.
e. There is a car share vehicle located within one block of the detached accessory dwelling unit.

Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
Development Standards. Detached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot detached accessory dwelling unit.

D. Attached Accessory Dwelling Units

Location. Attached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling.
Maximum Number of Detached Accessory Dwelling Units

a. When accompanied by a proposed or existing single-family dwelling, the maximum number of attached accessory dwelling units shall be one (1). The attached accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed junior accessory dwelling unit.
b. In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

Floor Area.

a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
b. The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.

Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.
Maximum Height. The maximum height of attached accessory dwelling units shall be two stories and twenty-five (25) feet or the maximum height specified by the base zone district, whichever is lower.
Parking. No parking shall be required for the attached accessory dwelling unit.
Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
Development Standards. Attached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot attached accessory dwelling unit.

E. Conversion Accessory Dwelling Units

Location. Conversion accessory dwelling units are permitted within the portions of existing multifamily 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 unit complies with state building standards for dwellings.
Maximum Number of Conversion Accessory Dwelling Units. The maximum number of conversion accessory dwelling units allowed shall be no more than twenty-five percent (25%) of the number of existing or proposed multifamily units. However, in no case shall less than one conversion accessory dwelling unit be allowed.
Floor Area.

a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
b. The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.

Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when

converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

Parking. No additional parking shall be required.

F. Junior Accessory Dwelling Units.

Location. Junior accessory dwelling units must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A junior accessory dwelling unit must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.
Maximum Number of Junior Accessory Dwelling Units

a. When accompanied by a proposed or existing single-family dwelling, the maximum number of junior accessory dwelling units shall be one. The junior accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed attached accessory dwelling unit.

b. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

Floor Area

a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
b. The maximum floor area shall be 500 square feet.

Parking. No parking shall be required for the junior accessory dwelling unit.
Exterior Access. Access shall be provided to the junior accessory dwelling unit independent from the primary dwelling.
Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the junior accessory dwelling unit shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the junior accessory dwelling unit.
Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:

a. A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this requirement. Appliances shall require no more than a 120-volt electrical connection.
b. Food preparation counter space of a minimum twenty-four (24) inches in width and a minimum of one (1) food storage cabinet of a minimum twenty-four (24) inches in width.

Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:

a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.

b. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (Ord. 1909, 1-21-2025)

301.17: SEXUALLY ORIENTED BUSINESSES:

A. Purpose and Intent:

It is the purpose and intent of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this section 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 section 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 section to condone or legitimatize the distribution of obscene material.

erials. Similarly, it is not the intent nor effect of this section 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 section to condone or legitimatize the distribution of obscene material.

One of the important purposes of the regulations set forth in this section is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this section shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:

a. Receipt of money for placement of person for purposes of cohabitation (Penal Code section 266d);
b. Purchase of person for purposes of prostitution or placement of person for immoral purposes (Penal Code section 266e);
c. Sale of person for immoral purposes (Penal Code section 266f);
d. Pimping (Penal Code section 266h);
e. Pandering (Penal Code section 266i);
f. Lewd or obscene conduct (Penal Code section 314);
g. Houses of ill fame (Penal Code section 315);
h. Disorderly houses which disturb the immediate neighborhood (Penal Code section 316);
i. Places of prostitution (Penal Code section 317); and
j. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code section 11225).

Nothing in this section shall permit, or be interpreted to permit any use, conduct, and/or activity which violates any federal, state or local law of regulation.

B. Definitions. For the purposes of this section, certain terms and words are defined as follows:

EMPLOYEE:	A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operation of said business.
ESTABLISHMENT:	Includes any of the following: a. The opening or commencement of any such business as a new business; b. The conversion of an existing business, whether or not a sexually oriented business, to any of the “sexually oriented businesses” defined in this section; c. The addition of any of the “sexually oriented businesses” defined in this section to any other existing sexually oriented business; d. The relocation of any such sexually oriented business; or e. The substantial enlargement of any such sexually oriented business.
NUDITY OR STATE OF NUDITY:	a. The appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or b. A state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.
OPERATOR:	Includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
PERMITTED OR UNLICENSED PREMISES:	Any premises that requires a license and/or permit that is classified as a sexually oriented business.
PERMITTEE AND/OR LICENSEE:	A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or

	license.
PERSON:	An individual, proprietorship, partnership, corporation, association or other legal entity.
PUBLIC BUILDING REGULARLY FREQUENTED BY CHILDREN:	Any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children’s center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodian.
PUBLIC PARK OR RECREATION AREA:	Public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.
RELIGIOUS INSTITUTION:	Any church, synagogue, mosque, temple or building which is primarily used for religious worship and related religious activities, as identified on the latest equalized tax roll.
SCHOOL:	Any public or private educational facility including, but not limited to, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
SEMINUDE:	A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breasts, as well as portions of the body covered by supporting straps or devices.
SENSITIVE USE:	Any cemetery; religious institution; school; public building regularly frequented by children; public park; or boys’ club, girls’ club, or similar youth organization.

EMPLOYEE:	A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operation of said business.
SEXUALLY ORIENTED BUSINESSES (ADULT ORIENTED BUSINESSES):	Those businesses defined as follows: a. Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. b. Adult Bookstore, Adult Novelty Store Or Adult Video Store: A commercial establishment which: 1) has as a significant or substantial portion of its stock in trade; or 2) derives a significant or substantial portion of its revenues; or 3) devotes a significant or substantial portion of its interior floor or display space; or 4) devotes a significant or substantial portion of its business activities or employees’ time, or advertising, to the sale, rental or viewing for any form of consideration, of any one or more of the following: (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; (2) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities; (3) An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, 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 establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities. c. Adult Cabaret: A nightclub, bar, restaurant, “bottle club”, or similar commercial establishment, which regularly features: 1) live performances which are characterized by the exposure of specified anatomical areas, or by specified sexual activities; or 2) films, motion

EMPLOYEE:

A person who works or performs in and/or for a sexually oriented business, regardless of whether
or not said person is paid a salary, wage or other compensation by the operation of said business.

SEXUALLY ORIENTED BUSINESSES
(ADULT ORIENTED BUSINESSES):

Those businesses defined as follows:
a. Adult Arcade: An establishment where, for any form of consideration, one or more still or
motion picture projectors, slide projectors, or similar machines, or other image producing
machines, for viewing by five or fewer persons each, are regularly available or used to show
films, motion pictures, videocassettes, slides, or other photographic reproductions which are
characterized by the depiction or description of specified sexual activities or specified anatomical
areas.
b. Adult Bookstore, Adult Novelty Store Or Adult Video Store: A commercial establishment
which: 1) has as a significant or substantial portion of its stock in trade; or 2) derives a significant
or substantial portion of its revenues; or 3) devotes a significant or substantial portion of its
interior floor or display space; or 4) devotes a significant or substantial portion of its business
activities or employees’ time, or advertising, to the sale, rental or viewing for any form of
consideration, of any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion
pictures, videocassettes, slides, or other visual representations which are characterized by the
depiction or description of specified sexual activities or specified anatomical areas;
(2) Instruments, devices, or paraphernalia which are designed for use in connection with
specified sexual activities;
(3) An establishment may have other significant or substantial business purposes that do not
involve the offering for sale, rental or viewing of materials, 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
establishments from being categorized as an adult bookstore, adult novelty store or adult video
store so long as one of its significant or substantial business purposes is offering for sale or rental,
for some form of consideration, the specified materials which depict or describe specified
anatomical areas or specified sexual activities.
c. Adult Cabaret: A nightclub, bar, restaurant, “bottle club”, or similar commercial
establishment, which regularly features: 1) live performances which are characterized by the
exposure of specified anatomical areas, or by specified sexual activities; or 2) films, motion

EMPLOYEE:	A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operation of said business.

	pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. d. Adult Model Studio: Any place where a person who displays specified anatomical areas or who engages in specified sexual activities is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation; by 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 which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three (3) days in advance of the class, and where no more than one nude model is on the premises at any one time. e. Adult Motel: A motel, hotel or similar commercial establishment which: 1) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right of way, or by means of any off premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or 2) offers a sleeping room for rent for a period of time less than ten (10) hours; or 3) allows a tenant or occupant to rent or subrent the sleeping room for a time period of less than ten (10) hours. f. Adult Motion Picture Theater: A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration. g. Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities. h. Regularly Features Or Regularly Shown: With respect to an adult cabaret, adult theater, or adult motion picture theater means a regular and substantial course of conduct. The fact that a live performance or film which is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities is exhibited on two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. i. Significant Or Substantial Portion: Such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that a sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that twenty five percent (25%) or more of its revenue is derived from such sexually oriented activities or materials, or that twenty five percent (25%) or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that twenty five percent (25%) or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in this subsection, shall be evidence that a “significant or substantial portion” of the business is devoted to such uses.
SPECIFIED ANATOMICAL AREAS:	As used in this section, means and includes any of the following: a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:	As used in this section, means and includes any of the following: a. The fondling or other intentional touching of buttocks for purpose of sexual arousal, or fondlingor other intentional touchingof humangenitals,pubic region, anus, or female breasts;

	b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; c. Masturbation, actual or simulated; d. Human genitals in a state of sexual stimulation, arousal or tumescence; e. Excretory functions as part of or in connection with any of the activities set forth in subparagraphs a through d of this definition.

EMPLOYEE:	A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operation of said business.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS:	An increase in the floor areas occupied by the business as the floor areas existed on the effective date hereof.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS:	Includes any of the following: a. The sale, lease or sublease of the business;
	b. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.

C. Establishment And Classification Of Businesses Regulated: The establishment of any sexually oriented business shall be permitted only in those particular specified districts where such uses are permitted, and shall be subject to the following restrictions: No person shall cause or permit the establishment of any “sexually oriented businesses”, as defined in subsection

(b) of this section, within six hundred (600) feet of another such business or within one thousand (1,000) feet of any sensitive use. These limitations apply to sexually oriented businesses classified as follows:

Adult arcade.
Adult bookstore, adult novelty store, or adult video store.
Adult cabaret.
Adult model studio.
Adult motel.
Adult motion picture theater.
Adult theater.

D. Measurement Of Distance: Distance between any two (2) sexually oriented businesses or between a sexually oriented business and a sensitive use shall be measured in a straight line, without regard to intervening structures, from property line to property line.

E. Location of Sexually Oriented Business: Sexually oriented businesses shall be allowed only in districts in which such uses are specifically permitted. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the city of Porterville municipal code. In addition, any sexually oriented business shall be subject to the following restrictions:

The person commits a misdemeanor, if he operates or causes to be operated, a sexually oriented business outside of the permitted districts.
The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of any sensitive use.
A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within six hundred (600) feet of another such business, which will include, any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or adult modeling studio.

F. Nonconforming Uses:

Permitted To Continue: Any sexually oriented business operating on the effective date hereof that is in violation of subsections (c) through (e) of this section shall be deemed a nonconforming use. Such nonconforming uses shall be governed by the provisions of this code. If two (2) or more sexually oriented businesses are within six hundred (600) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is nonconforming.

G. Injunction: A person who operates or causes to be operated a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction as well as prosecution for the misdemeanor punishable by a fine

of one thousand dollars ($1,000.00) and/or one hundred eighty (180) days’ imprisonment, or by both such fine and imprisonment. If an injunction is sought and granted, the sexually oriented business shall be obligated to pay the city attorney fees and costs of the city, at the discretion of the court.

H. Exception For Certain Nude Modeling: It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated:

By a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation; or
By 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:

a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
b. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
c. Where no more than one (1) nude model is on the premises at any one (1) time. (Ord. 1866, 11-19-2019)