Atascadero City Zoning Code
CHAPTER 16
ADULT ORIENTED BUSINESSES
§ 9-16.01 Purpose.
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 and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities, which demonstrations the City Council finds are relevant to the City of Atascadero, that the concentration of adult oriented businesses causes an increase in the number of transients in the area, 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 adult oriented businesses or their close proximity to incompatible uses, while permitting the location of adult oriented businesses in certain areas.
(Ord. 380 § 2, 2001)
§ 9-16.02 Definitions.
means a business establishment to which the public is permitted or invited and where coin, card or slug operated, or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas. Such devices shall be referred to as adult arcade devices.
means a partitioned or partially enclosed portion of an adult business used for any of the following purposes:
Where a live or taped performance is presented or viewed, where the performances and/or images are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas;
Where adult arcade devices are located.
means:
A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, adult modeling studio; or
A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes adult oriented material or sexually oriented merchandise, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities which are preempted by State law.
means a business establishment (whether or not serving alcoholic beverages) that features adult live entertainment.
means a hotel or motel, as defined in this code, that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to specified sexual activities or specified anatomical areas.
means any physical human body activity, whether performed or engaged in, alone or with other persons, including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which:
The performer (including, but not limited to, a topless and/or bottomless dancer, go-go dancers, exotic dancers, strippers or similar performers) exposes to public view, without opaque covering, specified anatomical areas; and/or
The performance or physical human body activity depicts, describes or relates to specified sexual activities, whether or not the specified anatomical areas are covered.
means a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays specified anatomical areas to be observed, sketched, photographed, filmed, painted, sculpted or otherwise depicted by persons paying for such consideration. Adult modeling studio does not include schools maintained pursuant to standards set by the Board of Education of the State of California.
means a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, holograms, virtual reality devices or similar electronically generated reproductions that is/are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
means accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices, including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical. Adult oriented material shall include sexually oriented merchandise.
means a business establishment having adult oriented material as a regular and substantial portion of its stock in trade.
means and includes any of the following:
The opening or commencement of any adult oriented business as a new business;
The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business as defined herein;
The addition of any of the adult oriented businesses defined herein to any other existing adult oriented business; or
The relocation of any such adult oriented business.
mean and include any of the following:
Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered: (i) human genitals or pubic region, (ii) buttocks or anus, and (iii) female breast below a point immediately above the top of the areola;
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
mean and include any of the following:
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;
Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
Masturbation, actual or simulated;
Excretory functions as part of or in connection with any of the other activities described in subdivision (1) through (3) of this subsection.
(Ord. 380 § 2, 2001)
§ 9-16.03 Location requirements.
(a)
Except as specified in subsection (b), no adult oriented business shall be established or located in any zone in the City.
(b)
Adult oriented business uses shall be permitted in the CR (Commercial Retail), CS (Commercial Services), IP (Industrial Park) and I (Industrial) zoning districts provided the subject site is at least 1,000 feet from the property line of the school, church, library or park site that existed on January 1, 2001, and as shown on Exhibit "A."
(Ord. 380 § 2, 2001)
§ 9-16.04 Amortization of nonconforming adult oriented uses.
Any use of real property existing on or before April 11, 1996 which did not conform to the provisions of Section 9-16.03, 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 April 11, 2001. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the hearing officer in accordance with the provisions of Section 9-16.05.
(a)
Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult oriented business shall result in a loss of legal nonconforming status of such use.
(b)
Amortization: Annexed Property. Any adult oriented business which was in 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 9-16.03 shall be terminated within one year of the date of annexation unless an extension of time has been approved in accordance with the by provisions of Section 9-16.05.
(Ord. 380 § 2, 2001)
§ 9-16.05 Extension of time for termination of nonconforming use.
The owner or operator of a nonconforming use as described in Section 9-16.04 may apply under the provisions of this section for an extension of time within which to terminate the nonconforming use.
(a)
Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 9-16.03, 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 30 days but no more than 180 days prior to the time established in Section 9-16.04 for termination of such use or within 60 days of the effective date of the ordinance codified in this chapter, whichever date is the last to occur.
(b)
Content of Application: Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.
(c)
Hearing Procedure. The City Manager or designee shall set the matter for hearing by the Planning Commission within a reasonable time. Pending a final determination on the application, the applicant may continue to operate, but such right does not excuse compliance with regulatory provisions of the Atascadero Municipal Code. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the Planning Commission may be appealed to the City Council. Any decision of the City Council shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.8.
(d)
Approval of Extension: Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, not to exceed two years, and shall be approved only if the Planning Commission makes all of the following findings or such other findings as are required by law:
(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 the effective date of the ordinance codified in this chapter;
(2)
The applicant will be unable to recoup said investment as of the date established for termination of the use; and
(Ord. 380 § 2, 2001)