Chapter 20-40 — ADULT ENTERTAINMENT BUSINESSES (§ 20-40.010 – § 20-40.040)

The provisions of this Chapter are intended 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 sexually-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, parks and residentially zoned districts or uses. The Council finds that it has been demonstrated in various communities that the concentration of sexually-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 Chapter to establish reasonable and uniform regulations to prevent the concentration of sexually-oriented businesses or their close proximity to incompatible uses, while permitting the location of sexually-oriented businesses in certain areas. (Ord. 3677 § 1, 2004)

A.

Where allowed by Division 2 (Zoning Districts and Allowable Land Uses), existing and proposed adult entertainment businesses shall comply with the standards of this Chapter.

B.

A business constitutes a sexually-oriented business where the business offers or advertises merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas as defined in Division 7 (Glossary).

(Ord. 3677 § 1, 2004)

No sexually-oriented business shall be established or located in the City unless:

A.

The business is located 500 feet or more from any residence or residential use or zone, park, church or school existing at the time an application for a permit to open a sexually oriented business is filed with the City; or

B.

The business is located in a shopping center of more than 300,000 square feet gross building area, and the business is established or located more than 500 feet from any other sexually oriented business.

The distance referred to in Subsection A shall be measured as a radius from the primary entrance of the sexually oriented business to the property lines of the property so zoned or used without regard to intervening structures. The distance referred to in Subsection B shall be measured from the primary entrance of one business to the primary entrance of the other without regard to intervening structures. Therefore it is possible that more than one sexually-oriented business may occur within the same described shopping center so long as the 500 feet distance between them is achieved.

(Ord. 3677 § 1, 2004; Ord. 3968 § 12, 2011)

A.

Amortization. Any use of real property existing on March 3, 2000, that does not comply with the provisions this Chapter, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as nonconforming use that may be continued until one year or for one year after March 3, 2000. On or before that date, all nonconforming sexually-oriented business uses shall be terminated unless an extension of time has been approved by the Commission or delegated to staff in compliance Subsection D.

B.

Abandonment. Notwithstanding Subsection A, any discontinuance or abandonment of the use of any lot or structure as a sexually-oriented business shall result in the loss of the legal status of the use.

C.

Amortization—Property annexed into the City.

1.

Any sexually-oriented business that was:

a.

In operation and a legal use at the time of annexation of the property into the City; and

b.

Outside the City limits on the date of adoption of the ordinance codified in this Chapter and which is then annexed into the City shall be allowed to continue to operate as a sexually-oriented business so long as it complies with the requirements of City Code Section 6-80.200 et seq.

2.

Any sexually-oriented business situated on property outside the City limits that lawfully comes into operation after the adoption of this Chapter, and is a legal use at the time of annexation of the property into the City, but which does not comply with the provisions of this Chapter shall be terminated within one year of the date of annexation unless an extension of time is approved by the Commission or delegated to staff in compliance with Subsection D.

D.

Extension of time for termination of nonconforming use. The owner or operator of a nonconforming use as described in this Section may apply under the provisions of this Section to the Commission for an extension of time within which to terminate the nonconforming use.

1.

Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Subsection A may be filed by the owner of the real property up-on which such use is operated or by the operator of the use. The application must be filed with the Commission at least 90 days but no more than 180 days prior to the time established by Subsection A for termination of the use.

2.

Content of application, fees. The application shall state the grounds for requesting an extension of time. The filing fee for the application shall be the same as that for a Variance in the City Fee Schedule.

3.

Approval of extension, findings. An extension in compliance with of this Section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the Commission makes all of the following findings, and/or other findings required by law:

a.

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 the investment was made prior to March 3, 2000;

b.

The applicant will be unable to recoup the investment as of the date established for termination of the use by Subsection A; and

c.

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location to meet the requirements of Section 20-40.030 (Maximum Proximity Requirements).

E.

Judicial review. Anyone seeking judicial review of any administrative action under this Chapter may seek a writ of mandate for prompt judicial review of the administrative action in compliance with California Code of Civil Procedure Section 1094.8.

(Ord. 3677 § 1, 2004)