Portola Municipal Code Ch. 17.49 Location and Amortization of Adult-Oriented Businesses

It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, child or family-oriented business and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this article to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented Businesses in certain areas.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A. Establishment of an Adult-Oriented Business. As used herein, to establish an adult-oriented business shall mean and include any of the following:

1. The opening or commencement of any adult-oriented business as a new business;

2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

3. The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

4. The relocation of any such adult-oriented business.

(Ord. 289 § 2 (Exh. A (part)), 2002)

No adult-oriented business shall be established or located in any zone in the city other than, SC or BP/LI, or within certain distances of certain specified land uses or zones as set forth below:

A. No such business shall be established or located within two hundred feet of any other adult-oriented business.

B. No such business shall be established or located within three hundred feet of any existing residential zone or use, park, church, school or child-oriented business as defined in this section.

C. The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property or lease lines of the property so zoned or used without regard to intervening structures.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Any use of real property existing on the effective date of the ordinance codified in this chapter, re-enacting this chapter, which does not conform to the provisions of Section 17.49.030, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until five years after the effective date of this ordinance codified in this chapter. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the city council in accordance with the provisions of Section 17.85.050.

A. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business for a period of sixty days or more shall result in a loss of legal nonconforming status of such use.

B. Amortization of Annexed Property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of Section 17.49.030 shall be terminated within one year of the date of annexation unless an extension of time has been approved by the city council in accordance with the provisions of Section 17.85.050.

(Ord. 289 § 2 (Exh. A (part)), 2002)