No adult business shall be established or located in any area in the City other than the following zoning districts:

C1—Local Business District;

C2—General Business District;

CR—Commercial Regional District;

CC—Community Commercial District;

CH—Commercial Highway District;

PA—Professional and Administrative District;

Neighborhood Commercial District (Lake Forest Planned Community, Ranch de Los Alisos Planned Community);

Commercial District (Foothill Ranch Planned Community; Portola Hills Planned Community);

Light Industrial Service Commercial District (El Toro Planned Community);

Professional Administrative Office District (El Toro Planned Community);

Business Park District (Pacific Commercentre Planned Community, Portola Hills Planned Community, Lake Forest Planned Community);

High Technology District (Pacific Commercentre Planned Community);

Urban Activity District (Foothill Ranch Planned Community, Baker Ranch Planned Community);

Light Industrial District (Pacific Commercentre Planned Community); and

Industrial District (Foothill Ranch Planned Community).

An adult business shall not be established or located within:

The distance requirements referenced above in subsections (B)(1) and (2) shall not apply nor extend across the 241 Foothill Transportation Corridor. For the purpose of measuring distance the 241 Foothill Transportation Corridor shall begin a new separation distance measurement.

Distance Between Adult Businesses. An adult business shall not be established or located within 1,000 feet of an existing adult business. If two or more existing adult businesses are located in closer proximity to each other than 1,000 feet, then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of continuous lawful uninterrupted operation of the businesses.

Measurement of Distance. For the purpose of measuring the distance requirements set forth in subsections B and D of this section, all distances shall be measured, without regard to intervening structures, from the nearest property line of the property on which the adult business is or will be located to the nearest property line of any residentially zoned property, school, nursery, day care center, religious institution or public or private park as described in subsection B of this section, or between the nearest property lines of the properties occupied by or proposed to be occupied by adult businesses as described in subsection D of this section, along a straight line extended between the two points.

All adult businesses are required to procure and maintain an adult business license as mandated by Chapter 5.10 et seq. of the City's Municipal Code.

No building permit or zoning clearance, business tax receipt, adult business license, or other permit or entitlement for use shall be legally valid if issued to any adult business proposed to operate or to be established in the City except if the zoning and locational requirements set forth above are satisfied.

An adult business or establishment operating as a legal conforming use with an approved adult business license from the City shall not be rendered a nonconforming use by the subsequent location of residential zones, schools, nurseries, day care centers, religious institutions or public or private parks within the locational limitations set forth above. For purposes of this section, a use shall be deemed to be subsequently located if it commences following the date an application for an adult business license is filed pursuant to Section 5.10.014 of the Municipal Code.

Any adult business which is a legal nonconforming use on the date the locational standards for adult businesses set forth in Section 9.08.012 become effective shall be subject to an amortization period of three years.

The owner of any adult business which is a legal nonconforming use may apply for extension of the amortization period, pursuant to Section 9.08.016 of this Code. Such application shall be made prior to the expiration of the amortization period unless the reviewing authority determines that good cause is shown for late filing of the application.

Upon the conclusion of the amortization period, any adult business which is a legal nonconforming use shall cease all business operations and all signs, advertising, and displays relating to said business shall be removed within 30 days.

An application for extension of the amortization period for an adult business which is a legal nonconforming use shall be made as provided herein.

The owner of the property on which an adult business is located or the owner of the adult business who desires to extend the amortization period must apply for approval of an extension not later than six months prior to expiration of the amortization period, unless the Community Development Director determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the Community Development Director and shall be accompanied by the required fee as established by resolution of the City Council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by Section 9.08.014 of this Code is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this section.

Not later than 30 days after submittal of an application to extend the amortization period, the Community Development Director shall notify the applicant, in writing, if the application is not complete. A complete application shall include:

The Planning Commission shall hold a noticed public hearing on the request for an extension.

Criteria and Findings. In determining whether to grant an extension of the amortization period for an adult business which is a nonconforming use, and in determining the appropriate length of time of such an extension, the Planning Commission shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area, and the following additional factors:

The Planning Commission, or City Council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth above.

In order to operate an adult business in Lake Forest, the business must obtain an adult business license as provided for in Chapter 5.10 et seq.

Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including license revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

In addition to the remedies set forth in subsection B, any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

The restrictions imposed pursuant to this section do not constitute a criminal offense. Notwithstanding any other provision of the Lake Forest Municipal Code, the City does not impose a criminal penalty for violations of the provisions of this ordinance related to sexual conduct or activities.