(a)

It is the intent of this article to protect the health and welfare of the citizens of the City of Colusa, and 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 in 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 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.

In any district with which is combined any "A-O" district, the regulations of this article shall apply in addition to those hereinbefore specified for such district, provided that if conflict in regulations occurs the regulations of this article shall govern.

(a)

Establishment of an Adult-Oriented Business: As used herein, to "establish" any adult-oriented businesses 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.

(b)

Specified anatomical areas: As used herein, "specified anatomical areas" shall mean and include any of the following:

1.

Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola;

2.

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

3.

Any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) above.

(c)

Specified sexual activities: As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, female breast, or male chest/stomach area,

2.

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

3.

Masturbation, actual or simulated;

4.

Excretory functions as part of or in connection with any of the other activities described in subdivision (1) through (3) of this subsection.

(d)

Adult-Oriented Businesses: "adult-oriented businesses" means any one of the following:

1.

Adult Arcade: The term "adult arcade" as used in this chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, VCR's, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description or specified sexual activities or specified anatomical areas.

2.

Adult bookstore: The term "adult bookstore" as used in this chapter, is an establishment that has thirty percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

3.

Adult cabaret: The term "adult cabaret" as used in this chapter, means a nightclub, restaurant, or similar business establishment which:

a.

Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and

b.

Which regularly feature persons who appear semi-nude; and/or

c.

Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description or specified sexual activities or specified anatomical areas.

4.

Adult hotel/motel: The term "adult hotel/motel" as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which:

a.

Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description or specified sexual activities or specified anatomical areas; and

b.

Rents, leases, or lets any room for less than a six hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

5.

Adult motion picture theater: The term "adult motion picture theater" as used in this chapter, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

6.

Adult theater: The term "adult theater" as used in this chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

7.

Modeling studio: The term "modeling studio" as used in this chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group or artists, and which does not provide, permit, or make available "specified sexual activities."

(e)

Church: The term "church" as used in this article, is a structure which is used primarily for religious worship and related religious activities.

(f)

Distinguished or characterized by an emphasis upon: As used in this ordinance, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description or specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App. 3d 151 (1981).

(g)

Regularly features: The term "regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display or specified anatomical areas or specified sexual activities occurs on two or more occasions within a thirty day period; three or more occasions within a sixty day period; or four or more occasions within a one hundred and eighty day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

(h)

School: The term "school" as used in this ordinance, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, or university.

(i)

Semi-nude: Means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(j)

Park: Means any public, local, state, or federal park, greenbelt, recreational area, baseball/softball field, athletic field, tennis courts, wildlife area, or other area established for public gatherings or recreation.

This district classification is intended to be applied when adult-oriented businesses, as defined herein, request to be located within the City of Colusa. The following specific regulations shall apply:

(a)

Uses permitted in an "A-O" Special Adult-Oriented Combining District shall be as follows: Adult-oriented businesses set forth in Section 27.02(d) which are at certain distances from certain specified land uses or zones as set forth below:

1.

A minimum of a five hundred foot radius be provided between the "adult-oriented business use" and any existing church, school, public or private day care facility, licensed or private school, public or private recreational park or residence.

2.

No such business shall be established or located, or within a five hundred foot radius of any other adult-oriented business.

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

(b)

The "A-O" use shall be required to apply for and obtain an adult-oriented business regulatory permit (A-OBRP). Since an adult-oriented business regulatory permit (A-OBRP) is a "discretionary project" under the California Environmental Quality Act (CEQA), granted or not, an environmental determination must be made requiring either a negative declaration or an environmental impact report (EIR) to be prepared.

(c)

Hours of operation shall be from 6:00 A.M. to 2:00 A.M.

(d)

Off-street parking shall be required as for restaurants or as determined by the Planning Commission as stated in Article 29 of the City of Colusa Zoning Ordinance as a condition of the adult-oriented business regulatory permit (A-OBRP).

(e)

Signage shall be in accordance with Article 31 of the City of Colusa Zoning Ordinance.

(a)

Any use of real property existing on the effective date of this ordinance, which does not conform to the provisions of Article 27, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for five years after the effective date of this ordinance. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the city council planning commission in accordance with the provisions of Article 27.

1.

Abandonment: Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in loss of legal non-conforming status of such use.

2.

Amortization-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 provision of Article 27 shall be terminated within one year of the date of annexation unless an extension of time has been approved by the city council/planning commission in accordance with the provisions herein.

(b)

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 planning 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 this section 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 of Colusa planning department at least ninety days but no more than one hundred eighty days prior to the time established herein for termination of such use.

2.

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.

3.

Hearing procedure: The city council shall appoint a commission or hearing officer to hear the application. The application shall be set for hearing within forty-five days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. 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. Appeal from any decision of the commission or hearing officer may be made in writing to the city council within ten days from the date of the commission or hearing officer's decision. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council. The decision of the council shall be final and subject to judicial review.

4.

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, and shall be approved only if the planning commission makes all of the following findings or such other findings as are 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 such investment was made prior to the effective date of this ordinance.

b.

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

c.

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