Chapter 17.68 — ADULT ENTERTAINMENT REGULATIONS

The city council finds that adult entertainment businesses are recognized in this community as objectionable because of their very nature; that concentrations of such businesses tend to have a deleterious effect on adjacent areas and neighborhoods; and that special regulation of such businesses is therefore necessary to prevent the blighting and downgrading of adjacent areas. The purpose of this chapter is to prevent clustering of adult entertainment businesses and to prevent their location near residential areas and uses.

(Ord. 82-4 §3 (part)).

As used in this title and chapter, the following terms have the following meanings:

A.

"Adult book store" means an establishment having as a substantial or significant portion of its stock in trade books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment having an area or section devoted to the sale or display of such materials.

B.

"Adult entertainment business" means a business or establishment which offers services or entertainment to its patrons characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to any one or more of the businesses described in this section.

C.

"Adult hotel" or "adult motel" means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

D.

"Adult mini motion picture theater" means an enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

E.

"Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

F.

"Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

G.

"Cabaret" means a nightclub, theater or other establishment which features live performances by topless dancers, bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

H.

"Massage parlor" means any establishment offering for any form of consideration or gratuity, massages, alcohol rubs, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation.

I.

"Model studio" means any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.

J.

"Sexual encounter center" means any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

K.

"Specified anatomical areas" means and includes the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and/or

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

L.

"Specified sexual activities" means any one or more of the following activities:

1.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, use of excretory functions in the context of a sexual relationship, anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, or zooerasty; or

2.

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3.

Use of human or animal masturbation, sodomy, oral copulation, ejaculation; or

4.

Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or

5.

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; or

6.

Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7.

Human excretion, urination, menstruation, vaginal or anal irrigation.

(Ord. 82-4 §3 (part)).

The regulations contained in this chapter apply to all areas within the city where adult entertainment businesses are allowed under this title, either as principal permitted uses or as conditional uses.

(Ord. 82-4 §3 (part)).

A.

In any zone within the city where the adult entertainment businesses regulated by this chapter would otherwise be allowed as principal permitted or conditional uses, it is unlawful to establish any adult

entertainment business if its location is:

1.

Within five hundred feet of any area zoned for residential use; or

2.

Within one thousand feet of any other adult entertainment business; or

3.

Within one thousand feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used or patronized by minors.

B.

As used in this section, the term "establish any adult entertainment business" shall include the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

(Ord. 82-4 §3 (part)).

17.68.050 - Waiver of locational provisions.

A.

Any property owner or his authorized agent may apply to the planning commission for a waiver of any locational regulations contained in Section 17.68.040. After proper notice and public hearing, the planning commission may waive any such regulation only if all of the findings are made and are supported by clear and convincing evidence:

1.

That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;

2.

That the proposed use will not enlarge or encourage the development of a "skid row" area:

3.

That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal or community redevelopment; and

4.

That all applicable regulations of this title will be observed.

B.

The procedure for hearing before the planning commission permitted under subsection A shall be the same as that provided in Chapter 17.74 of this title with, among other matters, the same notice requirements, the same right of appeal to the city council and the same fees payable by the applicant.

(Ord. 82-4 §3 (part)).

Chapter 17.70 - SITE PLAN REVIEW

Sections:

The purposes of site plan review are to enable the planning director to make a finding that a proposed development is in conformity with the intent and provisions of this title and to guide city staff in the issuance of building permits.

(Ord. 85-23 §3 (part)).

17.70.020 - Site plan review requirement.

A site plan will be submitted to the planning director for approval in accordance with the provisions of this chapter before a building permit is issued for applications involving new construction, additions or structural alterations in all zoning districts.

(Ord. 85-23 §3 (part)).

The applicant shall submit ten prints of the site plan to the planning director. The site plan shall be drawn to scale and shall indicate clearly and with full dimensions the following information:

A.

The lot dimensions;

B.

All buildings and structures and their location, elevation, size, height and proposed use;

C.

The yards and spaces between buildings;

D.

Walls and fences and their location, height and materials;

E.

Off-street parking, including the location, number of spaces, dimensions of the parking area, and internal circulation pattern;

F.

Access, pedestrian, vehicular and service; points of ingress and egress; and internal circulation;

G.

Signs and their location, size and height;

H.

Loading, including the location, dimensions, number of spaces and internal circulation;

I.

Lighting, including the location, general nature and hooding devices, if any;

J.

Street dedications and improvements, as provided in Section 17.70.090;

K.

Drainage improvements;

L.

Landscaping, including the location and type;

M.

Fire prevention equipment and measures, including the location and type;

N.

Such other data as may be required to permit the planning director to make the required findings.

(Ord. 85-23 §3 (part)).

A.

Within fifteen days after submission of a complete site plan application, the planning director shall approve, approve with such conditions as set forth in this section, or disapprove the site plan. In approving the site plan, the planning director shall find that:

1.

All the applicable provisions of this title are complied with;

The following are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected, and there will be no adverse effect on surrounding property;

a.

Facilities, improvements and utilities,

b.

Vehicular ingress, egress and internal circulation,

c.

Setbacks,

d.

Height of buildings,

e.

Location of service use areas,

f.

Walls,

g.

Landscaping;

3.

The proposed lighting is so arranged as to deflect the light away from adjoining properties;

4.

The proposed signs will not by size, location, or lighting interfere with traffic or limit visibility;

5.

That any conditions of approval are deemed necessary to protect the public health, safety and welfare. Conditions may include the following:

a.

Requiring special yards, safety and buffers,

b.

Requiring fences and walls,

c.

Requiring enclosure of storage areas and limitation on out-of-door display of merchandise,

d.

Requiring grading, surfacing and drainage improvements,

e.

Regulation of points of vehicular ingress and egress,

f.

Regulation of signs,

g.

Requiring landscaping and maintenance thereof,

h.

Requiring maintenance of grounds,

i.

Requiring fire prevention equipment and measures,

j.

Regulation of noise, vibration, odors, electrical discharge, or interference,

k.

Regulation of lighting,

l.

Requiring street dedications and improvements, subject to the provisions of Section 17.70.090,

m.

Such other conditions as could make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter.

B.

In making such findings, the planning director shall consult with other city personnel as appropriate to assure that approvals will be consistent with established legislative policies relating to traffic safety, street dedications, street improvements and public safety.

(Ord. 85-23 §3 (part)).

The decision of the planning director shall be final unless appealed to the commission in accordance with the procedure specified in Section 17.70.060. The planning director shall cause a copy of the site plan, with his decision and any conditions shown thereon or attached thereto, to be mailed to the applicant within ten days of the adoption thereof.

(Ord. 85-23 §3 (part)).

17.70.060 - Appeal to the planning commission.

A.

Procedure. The applicant may appeal the decision of the planning director to the commission by setting forth in writing the reasons for such appeal. Such appeal shall be filed with the secretary of the planning commission within ten days after the date of mailing as shown by the postmark on the papers mentioned in Section 17.70.050. The appeal shall be placed on the agenda of the commission's next regular meeting after the appeal is filed; provided, however, that if the appeal is filed within ten days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting following the decision of the planning director. The commission may affirm, reverse, or modify a decision of the planning director; provided, however, that if a decision denying a site plan is reversed or a decision granting a site plan is modified, the commission shall, on the basis of the record transmitted and such other evidence as may be submitted, make the findings prerequisite to the approval of a site plan as prescribed in Section 17.70.040.

B.

Decision. The decision of the commission shall be final unless appealed to the council in accordance with the procedure specified in Section 17.70.070. The commission shall cause a copy of the site plan, with its decision and any conditions attached thereto, to be mailed to the applicant within ten days of the adoption thereof.

(Ord. 85-23 §3 (part)).

17.70.070 - Appeal to the council.

A.

Procedure. The applicant may appeal the decision of the planning commission to the council by setting forth in writing the reasons for such appeal. Such appeal shall be filed with the city clerk within ten days after the date of mailing as shown by the postmark on the papers mentioned in Section 17.70.050. The appeal shall be placed on the agenda of the council's next regular meeting after the appeal is filed; provided, however, that if the appeal is filed within ten days of the next regular meeting of the council, the appeal shall be placed on the agenda of the council's second regular meeting following the decision of the planning commission. The council may affirm, reverse, or modify a decision of the commission; provided, however, that if a decision denying a site plan is reversed or a decision granting a site plan is modified, the

council shall, on the basis of the record transmitted and such other evidence as may be submitted, make the findings prerequisite to the approval of a site plan as prescribed in Section 17.70.040.

B.

Decision. The decision of the council shall be final. The council shall cause a copy of the site plan, with its decision and any conditions attached thereto, to be mailed to the applicant within ten days of the adoption thereof.

(Ord. 85-23 §3 (part)).

Revisions by the applicant to an approved site plan shall be made pursuant to the procedure set forth in this chapter.

(Ord. 85-23 §3 (part)).

Because of changes that may occur in a local neighborhood due to increases in vehicular traffic generated by facilities requiring site plan review, and upon the principle that such developments should be required to provide street dedications and improvements as near as practicable in proportion to such increased vehicular traffic, but should not be required to provide such street facilities for nonrelated traffic, the following dedications and improvements may be deemed necessary by the city engineer and may be required as a condition to approval of any site plan:

A.

When development borders or is traversed by an existing street:

1.

Local Streets and Cul-de-sacs. Dedicate all rights-of-way to widen the street to its ultimate width as shown on the general plan or by the city's improvement standards; install curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, required utilities and grade and improve from curb to existing pavement;

2.

Arterial and Collector Streets. Set back all facilities the required distance from ultimate property line as shown on the general plan; dedicate all necessary rights-of-way to widen the street to its ultimate width as established by any precise plan or where the ultimate right-of-way lines are otherwise determinable and the grades have been established or can be determined; install curbs, gutters, drainage facilities, sidewalks, street trees, street signs, required utilities, and grade and improve the shoulder and one traffic lane abutting the development. In no case shall a person be required to dedicate or improve the right-of-way for a distance in excess of thirty feet as measured from the ultimate right-of-way line;

Major Thoroughfares. Set back all facilities the required distance from the ultimate property line as shown on the general plan; install curbs, gutters, drainage facilities, sidewalks, street trees, street signs, street lights and required utilities. No other dedications or improvements are required.

B.

All frontage roads or new roads of any class made necessary by the development shall be dedicated and fully graded and improved with curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, required utilities, grading and paving; provided, that where the street involved is indicated as an eventual major street or major thoroughfare upon the general plan, the amount of grading and paving shall not exceed that required for such existing streets under subsection A2 of this section. Where a frontage road is provided and improved, the improvements in subsection A2 of this section will not be required.

C.

All improvements shall be to city standards.

(Ord. 85-23 §3 (part)).

Before a building permit shall be issued for any building or structure that is subject to site plan review, the building official shall determine that:

A.

The proposed building is in conformity with the site plan and conditions approved by the planning director; and

B.

All required dedications have been recorded; and

C.

A letter has been furnished by the applicant from all appropriate utilities that all necessary utilities will be installed and that the utility companies will conform to all city ordinances; and

D.

All required on-site (outside the city right-of-way) and off-site (within the city right-of-way) improvements shall have either been completed or, if not completed, the permittee shall have entered into an agreement with the city to complete the work within one year from the date of the issuance of the permit. The city engineer may extend the completion date for one additional six-month period upon written request of the permittee, upon a showing of good cause therefor. Such an agreement shall be secured either by case deposit with the city, cash deposited in irrevocable escrow approved by the city engineer, or other financial security approved by the city engineer as the equivalent thereof. Such security shall be in the amount of one hundred percent of the estimated cost of completion to be determined by the building official. In the event such work is not completed within the period provided, or any extension thereof, the city shall be

authorized to take all necessary action to enforce the agreement, including the use of the security to cause the completion of all required improvements. Moneys deposited with the city or in escrow may be partially released to the depositor by the city engineer during the progress of the work, so long as the same ratio of security is maintained on the deposit to secure all uncompleted work.

(Ord. 85-23 §3 (part)).

Chapter 17.72 - NONCONFORMING USES AND STRUCTURES

Sections:

To regulate, reduce, or eliminate conflicts arising from the presence of any zoning district of land, uses or structures which do not correctly conform to the requirements of this chapter.

(Ord. 85-23 §3 (part)).

Any use, building, or structure, existing at the time of the enactment of this chapter, which does not conform with the provisions of this chapter for the zone in which it is located shall be deemed to be a nonconforming use and may be continued except as hereinafter specified; provided, however, that this section does not apply to any use, building, or structure established in violation of the zoning ordinance previously in effect in Willits, unless such use, building or structure now conforms with this chapter.

(Ord. 85-23 §3 (part)).

Any use legally existing on the effective date of the ordinance codified in this chapter which is listed as a conditional use in the zone where located, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in this chapter.

(Ord. 85-23 §3 (part)).

A.

Ordinary nonstructural repairs, alterations or maintenance may be made to a nonconforming structure as required to keep it in sound condition; provided, that such maintenance and repair does not exceed fifty percent of the market value in any five year period.

B.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building official.

(Ord. 85-23 §3 (part)).

Any interruption of a nonconforming use, or the use of a nonconforming building which continues for twelve months or more shall be deemed to be an abandonment of such use, and subsequent use of buildings shall be in accordance with the regulations applicable to the subject property.

(Ord. 85-23 §3 (part)).

17.72.060 - Additions, extensions, enlargements and moving.

A.

Uses. A nonconforming use shall not be moved, enlarged, or extended within the structure it occupies, nor shall it be enlarged or increased to occupy a greater area of land than that occupied by such use at the time the ordinance codified in this chapter was adopted unless a conditional use permit application has been approved by the planning commission.

B.

Structures. A nonconforming structure may be structurally altered, enlarged, or extended only when such improvement will not exceed twenty-five percent of the building's market value and upon approval of a site plan review permit. Structural alterations or additions of more than twenty-five percent of the building's market value will require the processing and approval of a conditional use permit application by the planning commission.

(Ord. 85-23 §3 (part)).

A.

When authorized by the commission, in accordance with the provisions of this chapter, a nonconforming use which is determined by the commission to be of the same or a more desirable nature may be substituted for another nonconforming use and upon approval of a conditional use permit application by the planning commission.

B.

Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

(Ord. 90-6 §2: Ord. 85-23 §3 (part)).

Whenever a structure, the use of which does not conform with the regulations for the zone in which it is located or a structure which does not comply with the standards of yard spaces, height of structures, distances between structures, parking, etc., prescribed in the regulations for the zone in which the structure

is located shall be destroyed by fire or other calamity or by act of God or by the public enemy, the structure may be restored and the nonconforming use may be resumed provided restoration is started within one year and diligently pursued to completion.

(Ord. No. 17-02, 10-8-17; Ord. 85-23 §3 (part)).

Any lot which was created for the purpose of development and which is zoned for single-family residential may be allowed one single-family dwelling even though such lot does not contain the area, width and frontage required by the zone in which such lot is located, providing such lot was not created in violation of any previous or existing zoning ordinance. Any lot in a multiple-family residential district, which lot was created for the purpose of development, may be developed according to the permitted density even though such lot does not contain the area, width and frontage required for the zone in which such lot is located, providing such lot was not created in violation of any previous or existing zoning ordinance. Any lot in any nonresidential zone, wherein there is a minimum lot size, may be developed for any use permitted in that zone unless otherwise so specified in said zone, even though said lot may not contain the area, width, or frontage as required, providing such lot was not created in violation of any previous or existing zoning ordinance.

(Ord. 85-23 §3 (part)).

The foregoing provisions of this section shall also apply to any nonconforming uses and structures in zones hereafter changed to a more restrictive use or to zones hereafter established on areas not previously covered by the zoning map.

(Ord. 85-23 §3 (part)).

Nothing in this section shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of the ordinance codified in this chapter or any amendment thereto.

(Ord. 85-23 §3 (part)).

Chapter 17.74 - USE PERMITS

Sections:

A request for a use permit may be granted subject to conditions, or denied by the planning commission for any use for which a use permit is permitted or required by these regulations, or for any use which, while not specifically enumerated in the regulations, is, in the opinion of the planning commission, similar to and compatible with the uses permitted in the zone in which the subject property is situated.

(Ord. 82-4 §3 (part)).

Application for a use permit shall be filed at the office of the city clerk upon a form provided, and shall be accompanied by such information as may be required to describe fully the proposed use for which the permit is sought, and shall be accompanied by a filing fee in the amount as established by resolution of the city council.

(Ord. 82-4 §3 (part)).

A.

Upon receipt of such application, the city clerk shall set the matter for public hearing as directed by the planning commission. Notice of the time and place of the hearing shall be given at least ten calendar-days before the hearing, by prepaid U.S. mail notices to owners of property adjoining that of the petitioner, using addresses from the last assessment roll, by publication once in a newspaper of general circulation in the city, and by posting such notice in conspicuous places on or close to the property affected.

B.

The notice shall include a general explanation of the matter to be considered and a general description of the area affected.

(Ord. 82-4 §3 (part)).

Within thirty days of the conclusion of the hearing, the planning commission shall act on the matter. The planning commission, before granting a conditional use permit, shall make all of the following findings:

A.

That the site for the proposed use is adequate in size and shape to accommodate the use of all yards, spaces, walls, and fences, parking, loading, landscaping and other features required by this title to adjust the use with land and uses in the neighborhood;

B.

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

C.

That the proposed use will have no adverse effect upon adjoining or other properties. In making this determination, the commission shall consider the proposed location of improvements on the site; vehicular ingress, egress and internal circulation, setbacks, height of buildings; walls and fences; landscaping; outdoor lighting; signs, such other characteristics as will affect surrounding property;

D.

That the proposed use is consistent with the objectives and policies of the general plan;

E.

That the conditions established by the commission for the conditional use permit are deemed necessary to protect the public health, safety and general welfare. Conditions may include the following:

1.

Requiring special yards, spaces and buffers,

2.

Requiring fences and walls,

3.

Requiring enclosure of storage areas and limitation on out-of-door display of merchandise,

4.

Regulation of grading, surfacing, and drainage improvements,

5.

Regulation of points of vehicular ingress and egress,

6.

Regulation of signs,

7.

Requiring landscaping and maintenance thereof,

8.

Requiring maintenance of grounds,

9.

Requiring fire prevention equipment and measures,

10.

Regulation of noise, vibration, odors, etc.,

11.

Regulation of time for certain activities,

Regulation of lighting,

13.

Requiring a bond or deposit of money to assure faithful compliance and performance on the part of the applicant for the completion of street improvements and other facilities, or the removal of such facilities,

14.

Requiring street dedications and improvements;

F.

Failure of the planning commission to act within the time set out in this section shall be deemed to be a denial of the application on that date. That action of the planning commission shall become final ten days from the date thereof, unless an appeal has been filed during the ten-day period.

(Ord. 85-23 §3 (part)).

Any conditional use permit granted under this chapter shall become null and void if not exercised within the time specified in such conditional use permit or, if no date is specified, within one year from date of approval.

(Ord. 82-4 §3 (part)).

At any time, during the effective periods of a use permit, an application may be made requesting a modification of use or conditions of issuance to a use permit. The application shall be filed in accordance with those provisions as established for a use permit. The fee for such request shall be that as established by resolution of the city council.

(Ord. 82-4 §3 (part)).

An application for renewal shall be filed prior to the expiration date of a use permit. Said application shall be filed in accordance with those provisions as established for a use permit. The fee for such request shall be that as established by resolution of the city council.

(Ord. 82-4 §3 (part)).

In any case where the terms and conditions to the granting of a conditional use permit are not complied with, the planning commission shall give notice to the holder of such conditional use permit of its intention

to revoke the same. Proceedings for the revocation of a conditional use permit shall be conducted in the same manner as proceedings for action on the application therefor.

(Ord. 82-4 §3 (part)).