It is the intent of the following provisions 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 users 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 these provisions 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. 610 §2(part), 2004).

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. If a word or phrase used in this chapter is not defined herein but is defined in Chapter 8 of this code, such word or phrase when used in this chapter shall have the same meaning as described in the definitions included in Chapter 8.

A.

Establishment of an Adult-Oriented Business. To "establish" an adult-oriented business shall have the same meaning as that described in Section 8.09.020(O) of this code.

B.

Specified Anatomical Areas. "Specified anatomical areas" shall have the same meaning as described in Section 8.09.020(P) of this code.

C.

Specified Sexual Activities. "Specified sexual activities" shall have the same meaning as described in Section 8.09.020(Q) of this code.

D.

Adult-Oriented Businesses. "Adult-oriented businesses" means any one of the businesses described in Section 8.09.020(A) of this code.

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. The term "distinguished or characterized by an emphasis upon" shall have the same meaning as that described in Section 8.09.020(E) of this code.

G.

Regularly Features. The term "regularly features" with respect to an adult theater or adult cabaret shall have the same meaning as that described in Section 8.09.020(M) of this code.

H.

School. The term "school" as used in this chapter, means 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, college, or university.

I.

Semi-nude. The term "semi-nude" shall have the same meaning as that described in Section 8.09.020(N) of this code.

(Ord. 610 §2(part), 2004).

No adult-oriented business shall be established or located in any zone in the city other than in M-zones nor within certain distances of certain specified land uses or zones as set forth below:

A.

No such business shall be established or located within one thousand five hundred feet of any other adult-oriented business.

B.

No such business shall be established or located within three hundred feet of any existing residential zone or use or within one thousand feet of any park, church, or school.

C.

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.

(Ord. 610 §2(part), 2004).

A.

Any existing use of real property exiting on the effective date of the ordinance codified in this chapter which does not conform to the provisions of Section 17.60.030, 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 planning commission in accordance with the provisions of Section 17.60.050.

B.

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.

C.

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 provisions of Section 17.60.030 shall be terminated within one year of the date of annexation unless an extension of time has been approved by the planning commission in accordance with the provisions of Section 17.60.050.

(Ord. 610 §2(part), 2004).

A.

The owner or operator of a nonconforming use as described in Section 17.60.040 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 Section 17.60.030, 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 planning commission at least ninety days but no more than one hundred eighty days prior to the time established in Section 17.60.040 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 manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter 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 hearing 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. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.5.

B.

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.

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 this ordinance;

2.

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

3.

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with section 17.60.030.

(Ord. 610 § 2(part), 2004).