King City City Zoning Code
CHAPTER 17
76 ADULT-ORIENTED BUSINESSES
§ 17.76.010 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 King, that the concentration of adult-oriented businesses causes and 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 adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.
(Ord. 656 § 2, 2005; Ord. 669 Att. A § 2, 2007)
§ 17.76.020 Definitions.
As used in this chapter, the following terms mean:
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: (1) 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”; (2) where “adult arcade devices” are located.
means: (1) 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 (2) 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 the municipal 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: (1) 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 (2) 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 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 as a regular and substantial portion of its stock in trade, “adult-oriented material.”
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 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.
means and includes 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, 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.
means and includes 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 subsections (c)(1) through (c)(3) of this section.
(Ord. 656 § 2, 2005; Ord. 669 Att. A § 2, 2007)
§ 17.76.030 Location requirements.
No adult-oriented business shall be established or located in any zone in the city, except for the M1 zone.
(Ord. 656 § 2, 2005; Ord. 669 Att. A § 2, 2007)
§ 17.76.040 Amortization of nonconforming adult-oriented uses.
Any use of real property existing on or before June 28, 2005 which did not conform to the provisions of Section 17.76.030, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until June 28, 2007. 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 17.76.050.
(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 a loss of legal nonconforming 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 provisions of Section 17.76.030 shall be terminated within one year of the date of annexation unless an extension of time has been approved in accordance with the provisions of Section 17.76.050.
(Ord. 656 § 2, 2005; Ord. 669 Att. A § 2, 2007)
§ 17.76.050 Extension of time for termination of nonconforming use.
The owner or operator of a nonconforming use as described in Section 17.76.040 may apply under the provisions of this section 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 17.76.030, 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 at application must be filed with the city clerk at least thirty days but no more than one hundred eighty days prior to the time established in Section 17.76.040 for termination of such use or within sixty days of the effective date of the ordinance codified in this chapter, whichever date is the last to occur.
(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 or his/her 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 King City Municipal Code. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; 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.
(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, 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.
(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 the ordinance codified in this chapter;
(B)
The applicant will be unable to recoup said investment as of the date established for termination of the use; and
(Ord. 656 § 2, 2005; Ord. 669 Att. A § 2, 2007)