A.   General. The purpose of this Article 5 is to establish uniform provisions for the regulation of nonconforming land uses, structures and parcels. It is the intent of this Article 5 to bring nonconformities, such as nonconforming uses, structures, and parcels, into conformity with the provisions of this Zoning Code and to eliminate the long-term continuance of such nonconformities. This Article is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Zoning Code in a manner that promotes the public health, safety, and welfare and does not conflict with the goals and objectives of the General Plan.

   B.   Applicability. The provisions of this Article shall apply to any structure, use, or parcel that was legally established prior to the adoption of this Zoning Code but fails to meet any provisions contained herein, or any subsequent amendments.

   C.   Existing Permits Not Affected. Nothing contained in this Article or Zoning Code shall be deemed to require any change in the plans, construction, or designated use of any structure for which a building permit or land use entitlement has properly been issued in accordance with the provision of ordinances then in effect and upon which actual construction or use has been started prior to the date the nonconformity was established, provided that in all such cases regarding construction, actual construction shall be diligently carried on until completion of the structure. (Ord. 935 § 3 (part), 2015)

   A.   A legal nonconforming use, structure, or parcel is one that was lawfully established or lawfully existing prior to the effective date of this Zoning Code and continuing since that time, but which no longer conforms to the provisions of this Zoning Code due to a change in zoning regulations, change in zone district boundaries, or change in other applicable regulations of this Code. Such legal nonconforming use, structure, or parcel may continue subject to the requirements of this Article.

   B.   Uses, structures, and parcels that were illegally or unlawfully established, constructed, or divided shall not be considered legal or lawful nonconforming uses, structures, or parcels.

   C.   A nonconformity may result from any inconsistency with the requirements of this Zoning Code including but not limited to, location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved Conditional Use Permit or other required authorization, permit, or approval. (Ord. 935 § 3 (part), 2015)

   Any structure or use that has nonconforming parking, landscaping, accessory structures, setbacks or yard area, or structure height may continue indefinitely, provided no improvements, other than routine maintenance, are performed. However, at the time any application is filed for a building permit or any other permit required or authorized by this Zoning Code to modify or expand the structure or use, a good faith effort shall be made to correct the incidental nonconformity. Exceptions include structure height and setbacks, which can be continued in a nonconforming state, provided that the nonconformity is not increased, and off-street parking spaces, which shall otherwise comply with the provisions of Chapter 10.72 (Miscellaneous Nonconforming Provisions). (Ord. 935 § 3 (part), 2015)

   When any nonconformity is eliminated or brought into conformance with the current regulations of this ZoningCode, the nonconforming rights and privileges with respect to that nonconformity are terminated and shall not be restored.

(Ord. 935 § 3 (part), 2015)

   The purpose of this chapter is to regulate adult businesses which, unless closely regulated, have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: depreciation of property values; increases in vacancy rates in residential and commercial areas; increases in incidences of criminal activity; increases in litter, noise and vandalism; and the interference with enjoyment of residential property in the vicinity of such businesses.

   It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to materials of a sexually explicit nature, or to deny access by the distributors or exhibitors of such materials to their intended market.

   It is the intent of this chapter to afford new adult business a reasonable opportunity to locate in a relevant real estate market.

   Nothing in this chapter is intended to authorize, legalize or license the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Ord. 736 § 1 (part), 1996)

   (a)   Adult businesses shall not be located:

      (1)   Within two hundred and fifty feet of any property within a residential zone or used for residential purposes, regardless whether such use or property is located within the city;

      (2)   Within five hundred feet of any property upon which a school, public park, public library, church, temple or other place used exclusively for religious worship is located, regardless whether such property is located within the city; or

      (3)   Within five hundred feet of any property upon which another adult business is located, regardless whether such property is located within the city.

   (b)   The distances specified in this section shall be measured in a straight line, without regard to intervening structures or objects, from the nearest property line of the property where an adult business is to be located to the nearest property line of the premises of any facility, use or business referenced above in subsection (a) of this section. (Ord. 736 § 1 (part), 1996)

   The following development standards shall apply to adult businesses:

   (1)   No adult business shall be located in any temporary or portable structure.

   (2)   Trash dumpsters shall be enclosed by a fence or other permanent structure so as not to be accessible to the public.

   (3)   No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

   (4)   Permanent barriers shall be installed and maintained to screen the interior of the premises from public view from each door used as an entrance or exit to the business.

   (5)   No landscaping shall exceed thirty in height, except trees with foliage not less than six feet above the ground.

   (6)   The entire exterior grounds, including the parking lot, shall be lighted in such a manner that all areas are clearly visible at all times.

   (7)   Signage shall conform to the standards established for the zone where the adult business is located and shall not depict or describe “specified sexual activities” or “specified anatomical areas,” as those terms are defined in this chapter.

   (8)   All entrances to an adult business shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises.

   (9)   No nonconforming structure shall be converted for use as an adult business.

   (10)   The adult business shall not conduct or sponsor any activities which create a demand for parking beyond the number of parking spaces required by this title for the applicable zoning district where the adult business is to be located.

   (11)   No adult business shall be operated in any manner that permits the observation of any persons or material depicting or describing specified sexual activities or specified anatomical areas within the premises, from any public way or from any location outside the building or area of such establishment. This provision also shall apply to any merchandise, display, decoration, sign, show window or similar area.

   (12)   All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be maintained in a clean and orderly manner at all times.

   (13)   Any business license required pursuant to Title 5 of this code shall be kept current at all times.

   (14)   Each adult business shall conform to all applicable laws and regulations.

   (15)   The adult business shall not operate or be open between the hours of two a.m. and nine a.m.

   (16)   The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that sound generated inside said premises shall not be audible anywhere on any adjacent property or public right- of-way or within any other building or other separate space within the same building.

   (17)   The adult business will not conduct any massage, acupuncture, tattooing, acupressure or escort services, and will not allow such activities on the premises.

   (18)   At least one security guard shall be on duty patrolling the premises at all times while the business is being operated or is open. If the occupancy limit of the premises is greater than fifty persons, an additional security guard shall be on duty. The security guard(s) shall be charged with preventing violations of law, with enforcing compliance by patrons with the requirements of this chapter and with notifying the sheriff of any violations of law observed. Security guard(s) required by this subsection shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state or local law. No security guard required pursuant to this subsection shall act as a doorperson, ticket seller, ticket taker or admittance person while acting as a security guard hereunder. (Ord. 736 § 1 (part), 1996)

   Adult businesses shall be permitted to be located only in the commercial-manufacturing (C-M) and light manufacturing (M-1) zones. (Ord. 736 § 1 (part), 1996)

   No adult business shall be established until an application for an adult business permit is approved by the planning commission in accordance with the procedures set out in Sections 10.80.060 through 10.80.120 of this title. (Ord. 736 § 1 (part), 1996)

   An application for an adult business permit shall contain the information required by Section 10.80.060, and a narrative description of the proposed use or development, including: an explanation of how the proposed business will satisfy the applicable requirements set forth in Sections 10.62.010 through 10.62.070 of this chapter. (Ord. 736 § 1 (part), 1996)

   When an adult business permit application is filed, it shall be accompanied by the filing fee established by the city council in accordance with Section 10.80.160. (Ord. 736 § 1 (part), 1996)

   (a)   When an application has been accepted as complete, the director of community development shall set the application for a public hearing before the planning commission within sixty days from the date on which the application was accepted as complete, and shall provide notice of the hearing in accordance with the proceduresestablished in Sections 10.80.090 through 10.80.100 of this title. The planning commission shall approve or disapprove the application within ninety days from the date on which the application was accepted as complete by the director.

   (b)   Any application for a permit pursuant to this chapter is considered to be a ministerial permit and, as such, is not subject to the time limits specified in Section 65950 et seq. of the Government Code, or the California Environmental Quality Act.

   (c)   In considering an application for a permit pursuant to this chapter, the planning commission shall approve the permit if it makes the following findings:

      (1)   The adult business is consistent with the location and development standards contained this chapter; and

      (2)   The adult business is to be located in either the commercial-manufacturing (C-M) or light manufacturing (M-1) zones; and

      (3)   The adult business is consistent with the applicable requirements of Title 5 of this code; and

      (4)   Except as specifically provided in this chapter, the adult business complies with the development criteria established by this title.

   (d)   Issuance or denial of the ministerial permit is not subject to administrative appeal. (Ord. 736 § 1 (part), 1996)

   (a)   Any adult business lawfully operating on the effective date of this chapter in violation hereof shall be deemed a nonconforming use.

   (b)   Any adult business lawfully operating on the effective date of this chapter which becomes nonconforming due to the development standards enumerated in Section 10.62.030 shall cease operation, or otherwise be brought into full compliance with the development standards of this chapter, not later than one year following the effective date of this chapter.

   (c)   Any adult business lawfully operating on the effective date of this chapter which becomes nonconforming due to either the location and distance requirements enumerated in Section 10.62.020 or the permitted zoning classifications enumerated in Section 10.62.040 shall cease operation, or otherwise be brought into full compliance with these criteria, not later than twenty years following the effective date of this chapter.

   (d)   An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent establishment of property used for residential purposes or within a residential zone, within two hundred and fifty feet of the adult business, or the subsequent location of a school, public park, public library, church, temple or otherplace used exclusively for religious worship, within five hundred feet of the adult business, if the adult business has not been discontinued, which means that interruptions in use cannot exceed six months in duration. (Ord. 736 § 1 (part), 1996)

   An application for review of the termination schedules for a nonconforming adult business prescribed in Section 10.62.090 may be approved by the planning commission in accordance with the procedures set out in Sections 10.80.060 through 10.80.120. In considering an application for review of the termination schedules for an adult business, which is nonconforming due to either the distance requirements or development standards, the planning commission shall use the following criteria in making a determination:

   (1)   The owner’s financial investment in the business prior to the effective date of this chapter;

   (2)   The present actual and depreciated value of the business improvements;

   (3)   The applicable federal tax depreciation schedules for such improvements;

   (4)   The remaining useful life of the business improvements;

   (5)   The extent to which the business fails to comply with all applicable requirements of this chapter;

   (6)   The extent, if any, to which the business has been brought into compliance with any of the applicable requirements of this chapter since the date of adoption of this chapter and with which such business previously failed to conform, including the cost incurred for any such improvements;

   (7)   The remaining term of any lease or rental agreement under which the business is operating;

   (8)   Whether the business can be brought into conformance with all applicable requirements of this chapter without requiring to be relocated, and the cost of complying with such requirements;

   (9)   Whether the business must be discontinued at the present location in order to comply with the requirements of this chapter and, if such relocation is required: (i) the availability of relocation sites, and (ii) the cost of such relocation; and

   (10)   The ability of the owner to change the business to a conforming use. (Ord. 736 § 1 (part), 1996)

   If the provisions of this chapter conflict with or contravene the provisions of another chapter of this title, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter. (Ord. 736 § 1 (part), 1996)

   After a hearing as provided in Chapter 10.80 of this title, the planning commission may modify or revoke an adult business permit or adult business nonconforming use if it finds that one or more of the following conditions exist:

   (1)   The use for which the permit was granted is not being exercised or has been changed to a different use;

   (2)   The use for which the permit was granted has ceased to exist or has been discontinued for a period of at least six months in duration;

   (3)   The building, structure, equipment or location of such business does not comply with or fails to meet any of the applicable building, plumbing, health and fire codes of the State of California or the city;

   (4)   The business owner, its employee, agent or manager has been convicted in a court of competent jurisdiction of any violation of any statute, or any other ordinance, arising from any act performed in the exercise of any rights granted by the adult business permit, the revocation of which is under consideration;

   (5)   The business owner, its employee, agent or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the planning commission. (Ord. 736 § 1 (part), 1996)

   Adult businesses may not sell or display obscene matter, as that term is defined by Penal Code Section 311 or its successors, and may not exhibit to minors harmful matter, as that term is defined by Penal Code Section 313 or its successors. (Ord. 736 § 1 (part), 1996)

   (a)   “Adult businesses” include the following:

      (1)   Any business conducted for the entertainment of adults, engaged in the selling, renting or displaying of publications or material, including, without limitation, film, video or any other form or medium, depicting or describing specified anatomical areas or specified sexual activities as those terms are defined herein. Included in the definition is any business, that as a substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications, or other material, depicting or describing specified anatomical areas or specified sexual activities. Also included in this definition is any business selling, renting, or displaying sexually oriented devices intended for use in specified sexual activities.

   A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, newspaper, pamphlet, film, video or any other form or medium, or sexually oriented devices intended for use in specified sexual activities, which receives fifty percent or more of the gross revenue from, or devotes twenty-five percent or more of the stock on hand or twenty-five percent or more of the gross floor area to such activity, is presumed to be engaging in “substantial or significant” conduct with respect to such activity;

      (2)   Any business conducted for the entertainment of adults wherein an employee, patron or any other person engages in or is shown specified sexual activities or exposes specified anatomical areas. Included in this definition is any business, which as a substantial or significant portion of its business, provides live or filmed entertainment wherein specified anatomical areas are exposed.

   (b)   “Specified anatomical areas” include any of the following, whether actual or simulated:

      (1)   Less than completely and opaquely covered:

         (a)   human genitals or pubic region,

         (b)   buttock, and

         (c)   female breast below a point immediately above the top of the areola; or

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

   (c)   Specified sexual activities include any of the following: (1) actual or simulated sexual intercourse, anal intercourse, oral or anal copulation, bestiality, pedophilia, necrophilia, direct physical stimulation of unclothed genitals,flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of sexual relationships; 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, coitus, 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 erection, urination, menstruation, vaginal or anal irrigation. (Ord. 736 § 1 (part), 1996)

   Any lawfully created parcel, described in the official record on file in the office of Los Angeles County Recorder as a parcel of record, which becomes nonconforming with regard to parcel area, street frontage, parcel width, parcel depth, or accessibility may continue indefinitely with such nonconformity. A nonconforming parcel may be developed and used as if it were a conforming parcel, provided that any development or use complies with all applicable provisions of this Zoning Code. (Ord. 935 § 3 (part), 2015)

   Any lawful nonconforming parcel may not be modified in any manner, including but not limited to subdivision or parcel line adjustment, where the modification increases the degree of nonconformity. (Ord. 935 § 3 (part), 2015)

   A.   In any zone in which single-unit dwellings are permitted, notwithstanding limitations imposed by other provisions of this Zoning Code, a single-unit dwelling and allowed accessory buildings may be erected on any single legal nonconforming parcel of record. This provision shall apply even though such parcel may fail to meet the requirements for area or width, or both, that are generally applicable in the underlying zone. However, the required setback and yard dimensions and other requirements not involving area or width, or both, of the parcel shall conform to the regulations for the zone in which such parcel is located.

   B.   Notwithstanding paragraph A above, when two or more of such nonconforming parcels or any combinations of such nonconforming parcels and/or portions of parcels which are nonconforming are contiguous and under the same ownership, the combination of parcels or portions of the parcels shall be considered a single, individual parcel for the purposes of this Zoning Code, and no portions of that parcel shall be used, occupied, divided, or sold in any manner which would diminish compliance with the regulations of this Zoning Code or which would leave remaining any parcels that do not comply with the minimum parcel width, minimum area, or any other requirements of this Zoning Code. (Ord. 935 § 3 (part), 2015)

   A.   Any use or structure that was lawfully established prior to the effective date of this Zoning Code or of any subsequent amendments to its text or to the City's Zoning Map may be continued and maintained, provided there is no alteration, enlargement, or addition to any structure; no increase in occupant load; and/or no enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Article.

   B.   The right to continue a nonconforming structure shall attach to the land and shall not be affected by a change in ownership.

   C.   No alteration or other change in structures is permitted, except as otherwise provided in this Article. (Ord. 935 § 3 (part), 2015)

   A.   Additions. A nonconforming structure may be added to, provided that the addition complies with all requirements of this Zoning Code, including but not limited to setbacks, building height, parcel coverage, and parking. However, the following modifications and expansions may be allowed without requiring conformance with established standards.

      1.   Single-family dwelling units that have nonconforming parking may be expanded to include additional square footage to the unit. However, where a new bedroom is proposed to be constructed, at least one additional parking space shall be provided.

      2.   Where a side yard setback is nonconforming, an addition to a structure with such nonconformity shall be allowed to maintain the nonconforming setback, provided any such addition does not, as determined by the Director, create any adverse impact on an adjoining property.

      3.   For any use other than a single-family residence, an expansion of up to 10 percent of the existing floor area may be allowed without any requirement to establish conformity of required setbacks, landscaping, structure height, loading spaces, or open space standards. However, additional parking spaces shall be required for any such addition to meet the requirements of this Title 10 for the additional floor area.

      4.   Conformance with minimum required landscape standards shall not be required for any addition or expansion.

   B.   Maintenance and Repair. General maintenance and repair of a nonconforming structure shall be allowed, provided there are no structural alterations. However, structural alterations which the Building Official has determined to be necessary for public health and safety purposes may be allowed.

   C.   Removal of Nonconformity during Modification or Expansion. In any instance where an existing nonconforming structure or any portion of a nonconforming structure is demolished in the course of maintenance and repair, expansion or addition, or other alteration or modification, all nonconforming portions of the structure so demolished shall be reconstructed in compliance with the applicable regulations of the zone for height, setback, yard, parcel coverage, and other applicable provisions of this Zoning Code. (Ord. 935 § 3 (part), 2015)

   A.   General. The following provisions govern reconstruction of a nonconforming structure that is damaged or partially destroyed by fire, flood, wind, earthquake, or other act of nature or an act of the public enemy.

   B.   Destruction of 50 Percent or More. If the nonconforming structure is damaged to the extent of 50 percent or more of the appraised replacement value of the nonconforming structure, as determined by the Building Official, prior to the damage or partial destruction, or is voluntarily razed or is required to be razed, the structure shall only be restored in full conformity with the provisions of this Zoning Code and all applicable Building Codes.

   C.   Destruction of Less than 50 Percent. If the total cost of repairs, including structural alterations, required for reconstruction do not exceed 50 percent of the appraised replacement value of the nonconforming structure, as determined by the Building Official, prior to the damage or partial destruction, the damaged or partially destroyed portions of the nonconforming structure may be reconstructed without bringing all portions of the structure into conformance with the provisions of this Zoning Code.

   D.   Estimate of Damage and Cost of Reconstruction. The extent of damage or partial destruction shall be based upon the reasonable replacement value of the structure immediately prior to the damage or partial destruction, as determined by the City’s Building Official. All appraised values referred to in this Section shall be determined by a State licensed appraiser and confirmed by the Building Official. Estimates of repairing or replacing the damaged portion of the structure for purposes of this Section shall be made by or shall be reviewed and approved by the Building Official, and shall be based on the minimum cost of construction in compliance with the Building Code.

   E.   Exemption for Single-Unit and Multi-Unit Residential Structures. Any legally established single-unit or multi-unit residential structure that experiences destruction of 50 percent or more of the appraised replacement value may be completely reconstructed to the extent it existed prior to such destruction. However, all efforts shall be made to comply with the provisions of this Zoning Code to the extent practicable and in particular, any off-street parking deficiencies that existed prior to such destruction shall be remedied to the greatest extent possible, as determined by the Director. (Ord. 935 § 3 (part), 2015)

   Reconstruction and retrofitting necessary to comply with earthquake safety standards shall be allowed without cost limitation, provided such work is limited exclusively to necessary compliance with earthquake safety standards. (Ord. 935 § 3 (part), 2015)

   When a structure is relocated to another parcel, it shall comply with the provisions of this Zoning Code and all other applicable laws and regulations. (Ord. 935 § 3 (part), 2015)

   Any use that was lawfully established prior to the effective date of this Zoning Code or of any subsequent amendments to its text or to the City’s Zoning Map may only be continued and maintained provided there is no enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Article. The right to continue a nonconforming use shall attach to the land and shall not be affected by a change in ownership. No substitution, expansion, or other change in use is permitted, except as otherwise provided in this Article. (Ord. 935 § 3 (part), 2015)

   A nonconforming use shall not be enlarged, intensified, expanded, or extended in a way so as to occupy any part of the structure or site, or another structure or site, which it did not occupy at the time such use became nonconforming, except as may be permitted by other provisions of this Title 10. (Ord. 935 § 3 (part), 2015)

   A nonconforming use shall not be substituted, replaced with, or modified to another nonconforming use, except as otherwise provided in this Article. (Ord. 935 § 3 (part), 2015)

   A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or exist for a continuous period of 180 days. A nonconforming use shall not be resumed, reestablished, or reopened after it has been abandoned, discontinued, or changed to a conforming use. Evidence required to show continuous use shall include a valid business license, sales records, and utility bills. (Ord. 935 § 3 (part), 2015)

   Nonconforming signs shall comply with the requirements of Section 10.34.200 (Nonconforming Signs, Amortization and Abatement of Signs) of this Zoning Code.

(Ord. 935 § 3 (part), 2015)

   A.   Use May Continue. Any use which is nonconforming in terms of required off-street parking facilities may continue in the same manner as if it were conforming. However, the number of existing off-street parking spaces shall not be reduced.

   B.   Expansion. When an existing structure or use with nonconforming parking is expanded, additional parking spaces shall be provided in compliance with the provisions of Chapter 10.30 (Off-Street Parking and Loading). However, the number of additional spaces shall be computed only to the extent of the enlargement or expansion in use, regardless of whether or not the number of previously existing spaces satisfies the requirements of Chapter 10.30 (Off-Street Parking and Loading).

   C.   Change in Use.

      1.   When a nonconforming use is changed to a conforming use and additional parking is required per Chapter 10.30 (Off-Street Parking and Loading), the nonconformity shall cease and the new use shall provide all required off-street parking and loading in accordance with the provisions of Chapter 10.30 (Off-Street Parking and Loading). However, the Director shall have the authority to allow for a reduction in the required number of parking and/or loading spaces for the conforming use, provided the following findings can be made:

         a.   That the conforming use benefits the community by providing new economic development and job opportunities; and

         b.   That the conforming use will not adversely impact surrounding uses or public streets by increasing demand for on-street parking.

      2.   If the additional parking required by subparagraph 1 cannot be provided on the same site as the use it serves, the applicant may provide alternative parking facilities pursuant to Section 10.30.090.B (Parking Lot Location). (Ord. 935 § 3 (part), 2015)