Chapter 20.80

SPECIFIC USE REGULATIONS*

Parts:

• 1 Adult Uses

• 1.5 Bail Bond Establishments 2 Bed & Breakfast Inns

• 2.5 Transient Occupancy as an Incidental Use to a Residence

• 2.75 Accessory Dwelling Units

• 2.76 Accessory Dwelling Unit Condominium 3 Buildings Under Five Hundred Square Feet

• 3.5 Certified Farmers' Markets 3.75 Co-Living Community 4 Conversion of Residential Dwellings 5 Demolition or Removal of Buildings 5.5 Drinking Establishments Interior to a Hotel or Motel

• 5.75 Taproom or Tasting Room and Off-Sale of Alcoholic Beverages in Conjunction with a Winery, Brewery, or Distillery

• 6 Emergency Residential Shelter 8 Gasoline Service Station Conversions 8.5 Historic Landmark Structure Re-use

• 8.75 Conversions of an Existing Use to Another Use with a Different Transportation Demand Management (TDM) Use Designation

• 9 Home Occupations 9.5 Live/Work Units

• 9.75 Medical Cannabis Collectives, Medical Cannabis Collectives Dispensary Sites Only, Medical Cannabis Businesses, and Non-Medical Cannabis Businesses

• 9.76 Cannabis Cultivation, Delivery Only, Distribution, Manufacturing (Type 6), Processing, or Testing Business

• 9.8 Cultivation, Processing, Manufacture,

*Editor’s note— Parts 9.5, Live/Work Units, and 9.75, Medical Marijuana Collectives, were re-numbered by Ordinance 29011, passed December 13, 2011.

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Part 1

ADULT USES

Sections:

• 20.80.020 Anti-skid row regulations.

• 20.80.030 Prohibition of certain uses within two hundred feet of residentially zoned property or within five hundred feet of schools.

• 20.80.050 Extension of time for termination of nonconforming use.

• A. No business otherwise permitted in any district shall be permitted on any lot or parcel of land any part of which is located within five hundred feet of the campus of any public or private elementary or secondary school (schools

containing grades kindergarten through twelfth grade or any one or more of such grades), or any child day care center:

1. If the business is an establishment which serves food, beverages, or food and beverages, including, but not limited to, alcoholic beverages, for consumption on premises of such establishment and if any person who acts as a waiter, waitress, or entertainer (with or without compensation) in such establishment does so in the nude; or

2. If in the conduct of such business, any live act, demonstrations, or exhibitions occur by persons in the nude in public places, or places open to public view.

• B. The provisions of this section shall not apply to any theater, concert hall, or similar establishment which is primarily devoted to theatrical performances.

• C. For the purposes of this section, a person shall be deemed to be nude if:

  1. In the case of a male person, his genitals, pubic areas, or buttocks are visible.

  2. In the case of a female person, (i) her genitals, pubic areas, or buttocks are visible, or (ii) the nipple or areola of either of her breasts is visible.

• (Ord. 26248.)

• A. The purpose of this part is to provide reasonable regulations to prevent the adverse effect of the concentration or clustering of certain uses of real property, specifically adult book/ video stores, adult motion picture theaters, adult entertainment establishment, and massage parlors, and to prevent the location of such uses in the downtown core area, which is the subject of an extensive revitalization process in order to counter the past trends of deterioration and economic decline.

• B. No lot or any structure thereon or any portion thereof shall be used for an adult book/video store, adult motion picture theater, adult en-

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tertainment establishment or massage parlor unless said lot, parcel, building or structure is located in a CG commercial district, or in a planned development district that allows uses of the CG commercial district, and is located outside the downtown core area as that area is defined in the city's general plan.

• C. Notwithstanding anything elsewhere in this Code to the contrary, no lot in any zoning district or any structure thereon or any portion thereof, shall be used for an adult book/ video store, adult motion picture theater, adult entertainment establishment or massage parlor at a location closer than two hundred feet to other such use situated within or outside the city, except that a massage parlor meeting all of the following criteria may be located at a distance closer than two hundred feet to another massage parlor that also meets all of the following criteria:

  1. The massage parlor is located on a commercial site that is at least thirty-five acres in size; and

  2. The commercial site has a general plan designation of regional commercial; and

  3. The massage parlor is fully contained within a commercial center or facility, which center or facility has an aggregate square footage of at least two hundred fifty thousand square feet.

• D. For purposes of this section, a "commercial site" means an area comprising a group of contiguous parcels of land that was or is being developed under a single planning process and coordinated implementation, such as a single permit, that addresses uses and development on the entirety of the contiguous parcels within the area. Contiguous parcels does not include parcels separated by a public right-of-way.

• (Ords. 26248, 26705.)

• A. The purpose of this section is to prevent the adverse effect of the location of certain uses of

real property, specifically adult book/video stores, adult motion picture theaters, adult entertainment establishment, and massage parlors, in close proximity to residentially zoned property or schools.

• B. Notwithstanding anything elsewhere in this Code to the contrary, no lot or parcel of property in any zoning district or any building or structure thereon or any portion thereof, shall be used for an adult book/video store, adult motion picture theater, adult entertainment establishment or massage parlor at a location closer than two hundred feet to any lot or parcel, within or outside the city, situated in a residential district or TM district, except that a massage parlor meeting all of the following criteria may be located at a distance closer than two hundred feet to a lot or parcel, within or outside the city, situated in a residential district or TM district:

  1. The massage parlor is located on a commercial site that is at least thirty-five acres in size; and

  2. The commercial site has a general plan designation of regional commercial; and

  3. The massage parlor is fully contained within a commercial center or facility, which center or facility has an aggregate square footage of at least two hundred fifty thousand square feet.

• C. Notwithstanding anything elsewhere in this Code to the contrary, no lot or parcel of property in any zoning district or any building or structure thereon or any portion thereof, shall be used for an adult book/video store, adult motion picture theater, adult entertainment establishment or massage parlor at a location closer than five hundred feet from any school, college or university within or outside the city.

• D. For purposes of this section, a "commercial site" means an area comprising a group of contiguous parcels of land that was or is being developed under a single planning process and coordinated implementation, such as a single permit, that addresses uses and development

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on the entirety of the contiguous parcels within the area. Contiguous parcels does not include parcels separated by a public right-of-way. (Ords. 26248, 26705.)

Any adult use as defined in Sections 20.200.050, 20.200.060, 20.200.070 or 20.200.740 of this title which was a legal use at the time of annexation of the property into the city but which does not conform to the provisions of this chapter shall be terminated within two years of the date of annexation, unless an extension of time has been approved by the city council in accordance with the provisions of Section 20.80.050. (Ord. 26248.)

• A. The operator of a nonconforming use as described in Section 20.80.040 may apply under the provisions of this section to the city council for an extension of time within which to terminate the nonconforming use.

• B. An application for an extension of time within which to terminate a use made nonconforming upon annexation may be filed by the owner of the real property upon which such use is operated or by the operator of the use. Such an application must be filed with the city clerk at least ninety days but no more than one hundred eighty days prior to the time established in Section 20.80.040 for termination of such use.

• C. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be as set forth in the schedule of fees established by resolution of the city council.

• D. Upon filing of an application for extension, the city clerk shall, subject to the rules of the city council, set a date for a public hearing which shall be held by the city council on the application. The hearing date shall be not less

than twenty nor more than sixty days from the date the application was filed and all filing fees were paid.

• E. The city clerk shall cause notice of the time and place of the hearing on the application to be given in accordance with the procedure set forth in Section 20.100.190 of this title.

• F. Within a reasonable time after the public hearing on an application for extension has been conducted, the city council shall by resolution take action on the request for the extension. Unless the extension is approved by at least a majority of the council, it shall be deemed denied. An extension under the provisions of this section shall be for no more than one year and shall be approved only if the city council makes all of the following findings:

  1. The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to annexation.

  2. The applicant will be unable to recoup said investment as of the date established for termination of the use.

  3. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this chapter.

• (Ord. 26248.)