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Susanville City Zoning Code

CHAPTER 17

120 ADULT ENTERTAINMENT BUSINESSES

§ 17.120.010 Purpose.

The following findings are made regarding the establishment of adult entertainment businesses within the city of Susanville:
Certain uses of real property for adult entertainment businesses variously described as adult bookstores, adult motion picture facilities, figure model studios, adult cabarets, adult motels and massage parlors have serious objectionable operational characteristics which, if such uses were allowed to become concentrated in certain areas of the city, may have adverse and deleterious effects upon the character of such areas and adjacent neighborhoods, and may contribute to blight and skid-row atmospheres.
Permitting the concentration of adult entertainment businesses may tend to create and foster a blighted and/or downgraded atmosphere in surrounding neighborhoods and areas within the city, leading to reduction of property values.
Permitting adult entertainment businesses in residential zones, or in zones adjacent to schools, regular school bus stops, churches, or public recreational areas, or within close proximity to such uses, may expose minors to such facilities, and this may adversely affect such minors due to their immaturity.
Special locational regulation of adult entertainment business uses is necessary to insure that such uses do not become incompatible land uses and further, will not contribute to the blighting or downgrading of zones in which they are permitted, thereby adversely affecting property values and deterring or interfering with the development and operation of other businesses within the city.
There is a higher incidence of crime, especially crimes against the person, in areas in which adult entertainment businesses are permitted to cluster or become concentrated, and that such crimes and the incidence thereof increase in the late evening and night hours, requiring increased effort on the part of public and safety personnel to police such activities, with resultant costs to the city.
The city has reviewed studies from the cities of Austin, Texas; Indianapolis, Indiana; Los Angeles, California; Phoenix, Arizona; and Saint Paul, Minnesota which document the secondary impacts of adult entertainment businesses and determined that the findings of these studies support the concerns of the city of Susanville.
(Zoning ordinance § 15.1; amended during 12-00 supplementation; Ord. 06-932 § 1, 2006)

§ 17.120.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:
means any commercial establishment in which 15% or more of its titles offered or to which 15% or more of the actual display area of the store is devoted to books, magazines, photographs, drawings, motion pictures, films or other visual representations which describe or depict sexual intercourse, homosexual acts, masturbation, fellatio, cunnilingus, bestiality, sodomy, sadomasochistic abuse or other sexual excitement or sexual conduct, sexual activities or specified anatomical areas, as defined in this section.
means adult bookstore, adult motion picture facility, figure model studio, adult motel, adult cabaret, or massage establishment.
means an establishment which features topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
means any establishment designated as, or having the characteristics of, a hotel, motel, or other transient lodging facility which has, or proposes to have as a feature or service offered to its customers, the presentation or entertainment in the form of motion picture film, video tape, cartridges, closed circuit television, or any other viewing system or device which is substantially similar thereto, 15% or more of the number of which show or whose dominant or predominant character and theme is the depiction of any specified sexual activities as described herein, and/or specified anatomical areas as described herein, for observation or viewing by persons who are customers of such establishments. This section shall apply whether charge is made or consideration exchanged for the use of rooms within such establishments for overnight accommodations or for short-term admission to view the material above-described.
means a commercial facility used for presenting, whether by way of motion picture projection or television or video equipment, or peep show device, 15% or more of the number of which show or whose dominant or predominant character and theme is the depiction of any specified sexual activities as defined in this section, and/or specified anatomical areas as defined in this section, for observation by patrons therein, whether in one or more auditoriums, drive-in theaters, booths or rooms within the facility.
means any commercial premises where there is conducted the business of furnishing, providing or procuring figure models who pose for the purpose of being observed, conversed with, or viewed by any person or of being sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted in the nude or seminude for persons who pay a fee, or other consideration, compensation, or gratuity, for the right or opportunity to converse with or so depict a figure model, or for admission to, or for permission to remain upon as a condition of remaining upon the premises.
Figure model studio does not include, for purposes of this definition, any studio which is operated by any state college, junior college, community college, public or private school, or any governmental agency wherein the person, firm, association, partnership or corporation so operating has met the requirements established by the state for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma.
means any method of pressure on, friction against, or stroking, rubbing, kneading, tapping, pounding, vibrating or stimulating, the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliance, or with or without the aid of such supplementary materials as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in the practice of massage.
Massage does not include, for purposes of this definition, the methods of practice or the legitimate techniques of physicians, chiropractors, physical therapist, massage therapist or athletic trainers, licensed or certified by the state of California.
means any commercial establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massage, baths, or health treatments involving massage or baths as the principal functions, but does not include the methods of practice or the legitimate techniques of physicians, chiropractors, physical therapists, massage therapists or athletic trainers, licensed or certified by the state of California.
means less than completely and opaquely covered:
Mature human genitals;
Pubic region;
Mature human female breast below a point immediately above the top of the areola;
Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
means:
Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, 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 a sexual relationship, and any of the following depicted sexually oriented acts or conduct, buggery, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, zooerasty; or
Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence; or
Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
Fondling or touching of nude human genitals, nude pubic region, or nude female breast; or
Masochism, erotic or sexually oriented (i) torture, (ii) beating, or (iii) infliction of pain; or
Erotic or lewd (i) touching, (ii) fondling, or (iii) other contact with an animal by a human being.
(Zoning ordinance § 15.2; amended during 12-00 supplementation; Ord. 06-932 § 1, 2006)

§ 17.120.030 Separation.

No adult entertainment business shall be located within a radius of 1,000 feet from any of the following:
A public or private school attended primarily by minors;
A church or other place of worship;
A public park or other recreational facility frequented or utilized by minors, including, but not limited, to public parks, playgrounds, pools and recreational centers;
Any other adult entertainment business;
Any property zoned for residential purposes (R-1, R-2, R-3, R-4 or MHP zoning districts); or
Regular school bus stops:
Any residential use in a nonresidential zone district.
The 1,000 foot distance referred to herein shall be measured in a straight line without regard to intervening structures, topography, or zoning. The reference for computing the distance from property zoned for residential purposes shall be the official zoning map.
(Zoning ordinance § 15.3; amended during 12-00 supplementation; Ord. 06-932 § 1, 2006)

§ 17.120.040 Home occupation.

No adult entertainment business shall be allowed as a home occupation.
(Zoning ordinance § 15.4; amended during 12-00 supplementation; Ord. 06-932 § 1, 2006)

§ 17.120.050 Conditional use permit.

A conditional use permit is required prior to the establishment or operation of an adult entertainment business, as defined in this chapter, within the city of Susanville, and is only conditionally permitted in the C-M Commercial-Light Industrial and M General Industrial zoning districts. An adult entertainment business is a prohibited use in all other zoning districts.
(Zoning ordinance § 15.5; amended during 12-00 supplementation; Ord. 06-932 § 1, 2006)

§ 17.120.060 Conditional use permit procedure.

The conditional use permit procedure shall be the same as set forth in Chapter 17.44; provided, however, that a public hearing before the Susanville planning commission shall be scheduled within 30 days from the date the application and use permit application fee is received by the city. The planning commission shall issue a conditional use permit where the information presented by the applicant and/or presented at the public hearing for the conditional use permit substantiates the findings required by Chapter 17.44 and the following findings:
The requested use at the proposed location is in compliance with the requirements of this chapter;
The requested use at the proposed location will not be contrary to the public health, safety, and general welfare of persons residing or working in the zone or neighborhood in which it is proposed;
The requested use at the proposed location is sufficiently buffered in relation to residentially zoned areas within the immediate vicinity so as not to adversely affect said areas;
The exterior appearance of the structure in which the requested use will be located will not be inconsistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight deterioration, or substantially diminish or impair property values within the neighborhood;
The requested use at the proposed location will not result in creating a skid-row atmosphere in the zone or neighborhood in which it is proposed;
The requested use at the proposed location will not be contrary to any neighborhood revitalization program, nor interfere with any economic development programs or activities in the zone or neighborhood in which it is proposed;
The requested use at the proposed location will be substantially consistent with the adopted general plan for the area;
The proposed location of the requested use is adequate in size and shape to accommodate the yards, walls, fences, parking lot, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and,
The proposed location of the requested use is adequately served by:
Highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and
Other public or private service facilities as are required.
(Zoning ordinance § 15.6; amended during 12-00 supplementation; Ord. 06-932 § 1, 2006)

§ 17.120.070 Development and performance standards.

Adult entertainment businesses shall comply with all of the following development and performance standards:
Advertisements, displays or other promotional materials depicting or describing "specified anatomical areas," or "specified sexual activities," or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be visible from other areas open to the general public.
All building openings, entries and windows for an adult entertainment business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business from any area open to the general public.
All entrances to an adult entertainment business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.
No loudspeakers or sound equipment shall be used by an adult entertainment business for the amplification of sound to a level discernable by the public beyond the walls of the building in which the adult entertainment business is conducted.
No residential structure or any other nonconforming structure shall be converted for use as an adult entertainment business after enactment of the provisions of this chapter.
All off-street parking areas, walkways and building entries serving the adult entertainment business shall be illuminated during all business hours with a lighting system designed to provide a minimum maintained horizontal illumination of greater than one footcandle of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult entertainment business for personal safety of its patrons.
All exterior areas of adult entertainment businesses, including buildings, landscaping and parking areas, shall be maintained in a clean and orderly manner.
(Zoning ordinance § 15.7; amended during 12-00 supplementation; Ord. 06-932 § 1, 2006)

§ 17.120.080 Display of materials harmful to minors.

Display of materials which are harmful to minors (see California Penal Code Section 313.1(d)), other than in a public place from which minors are excluded, shall be restricted by placement of blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view.
(Zoning ordinance § 15.8; amended during 12-00 supplementation; Ord. 06-932 § 1, 2006)

§ 17.120.090 Nonconforming uses.

Any legally established adult entertainment business in existence on the effective date of the ordinance codified in this chapter shall be considered an existing nonconforming use. Such nonconforming use shall be subject to the specific regulations contained elsewhere in the Susanville Municipal Code and this title.
(Zoning ordinance § 15.9; amended during 12-00 supplementation; Ord. 06-932 § 1, 2006)

§ 17.120.100 Amortization period.

Within 36 months of the effective date of the ordinance codified in this chapter, all nonconforming adult entertainment businesses shall either be discontinued or made to conform to the provisions of this chapter, except that such nonconforming uses may be permitted to continue for a period not to exceed an additional 24 month period upon the granting of a conditional use permit, provided the conditional use permit application is submitted 90 days prior to the expiration of the original 36 month period.
In addition to the findings required by Chapter 17.44, the planning commission must find the following when approving or conditionally approving a conditional use permit to extend the amortization period of an adult entertainment business:
The use, if continued, will not create a public nuisance, as defined in Sections 3479 and 3480 of the California Civil Code;
The tenant, subtenant, lessee, sublessee, owner or other person, firm, partnership, association, or corporation who owns or operates such use is obligated under a lease or other binding rental agreement for the premises, which obligation was entered into before March 1, 1994, for a period exceeding five years; and
The use represents an investment of money in leasehold and other improvements to such an extent that denial of such permit would result in undue financial hardship.
(Zoning ordinance § 15.10; amended during 12-00 supplementation; Ord. 06-932 § 1, 2006)