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Chapter
17.14
ADULT BUSINESS OVERLAY ZONE (A-B OVERLAY)
Sections:
17.14.010 Intent and purpose.
17.14.020 Changes of zone.
17.14.030 Location requirements.
17.14.040 Development standards.
17.14.050 Permitted zone classification.
17.14.060 Adult business permit-Required.
17.14.070 Adult business permit-Application.
17.14.080 Application fee.
17.14.090 Permit application-Review and approval.
17.14.100 Existing adult businesses.
17.14.110 Conflicts.
17.14.120 Modifications or revocations.
17.14.010 Intent and Purpose. It is the intent and purpose
of the adult business overlay zone (hereinafter zone "A-B
overlay") to allow adult businesses in portions of
the commercial zone where such commercial uses would be
consistent with the general plan, compatible with surrounding
commercial uses and not materially detrimental to adjacent
properties; it is the further intent of this chapter to
regulate adult businesses which, unless closely regulated, have the potential of causing serious adverse secondary
effects upon 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, increase in incidences of criminal activity, increase
in litter, noise, and vandalism and the interference with
enjoyment of residential property in the vicinity of such
businesses. (Ord. 626 -2(part), 1996).
17.14.020 Changes of zone. Any change of an existing commercial zone
to include, in addition to the existing commercial zone uses, an A-B
overlay zone, shall be made in accordance with the provisions of Chapter
17.28. (Ord. 626 -2(part), 1996).
17.14.030 Location requirements. A. Adult businesses shall not be located:
1. Within
two hundred fifty feet of any lot upon which a residential use is legally
occurring or within two hundred fifty feet of any property located
in a zone permitting residential uses at the time of an application
for an adult business permit, whether or not such other use is located
within the city; or
2. Within five hundred feet of any church, chapel or other publicly
recognized place of worship whether or not such other use is located
within the city; or
3. Within five hundred feet of any public or private school (kindergarten
through twelfth grade) or child care center whether or not such other
use is located within the city; or
4. Within five hundred feet of any park owned by a public entity whether
or not such other use is located within the city; or
5. Within five hundred feet of any existing adult business
whether or not such other use is located within the city.
B. The distances specified in this section shall be measured
in a straight line, without regard to intervening structures,
from the nearest point of the property line of the premises
in which the proposed adult business is to be established
to the nearest point of the property line of a use or zoning
classification listed above. (Ord. 626 -2(part), 1996).
17.14.040 Development standards. The following development
standards shall apply to adult businesses:
A. No adult business shall be located in any temporary or
portable structure.
B. Trash
dumpsters shall be enclosed by a screening enclosure so as not to be
accessible to the public.
C. No
exterior door or window on the premises shall be propped or kept open
at any time while the business is open, and all exterior windows shall
be covered with opaque covering at all times.
D. Permanent
barriers shall be installed and maintained to screen the interior
of the premises from public view for each door used as an entrance
or exit to the business.
E. No
landscaping shall exceed thirty inches in height, within fifty feet
of any portion of the business except trees with foliage not less than
six feet above the ground.
F. The
entire exterior grounds, including the parking lot, shall be lighted
in such a manner that all areas are clearly visible at all times.
G. Signage
shall conform to the standards established for the zone and shall not
contain sexually oriented photographs, silhouettes or other sexually
oriented pictorial representations.
H. All
entrances to adult businesses shall be clearly and legibly posted by
a notice indicating that minors are prohibited from entering the premises.
I. No
residential structure or any other nonconforming structure shall be
converted for use as an adult business.
J. The
adult business shall not conduct or sponsor any activities which create
a demand for parking spaces beyond the number of spaces required by
this code for the business.
K. No
adult business shall be operated in any manner that permits the observation
of any persons or material depicting, describing or related to specified
sexual activities or specified anatomical areas, inside the premises,
from any public way or from any location outside the building or area
of such establishment. This provision shall apply to any merchandise,
display, decoration, sign, show window or other opening.
L. 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.
M. Any
business license or permit required by this code shall be kept current
at all times.
N. Each
adult business shall conform to all applicable laws and regulations.
0. The
adult business shall not operate or be open between the hours of two
a.m. and six a.m.
P. The
adult business will not conduct any massage, acupuncture, tattooing,
acupressure or escort services, and will not allow such activities
on the premises.
Q.
At least one security guard shall be on duty outside the
premises, patrolling the premises, grounds and parking areas,
at all times while the business is open. The security guard
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. 626 -2(part), 1996).
17.14.050 Permitted zone classification. Premises may be used for adult
businesses only in zone A-B overlay. (Ord. 626 -2(part), 1996).
17.14.060 Adult business permit-Recquired. No adult business shall
be established until an application for an adult business permit is
approved by the planning commission pursuant to the procedures set
forth in this chapter. (Ord. 626 -2(part), 1996).
17.14.070 Adult business Permit-Application. An application for an
adult business permit shall contain the information required by Section
17.48.030 of this code. (Ord. 626 -2(part), 1996).
17.14.080 Application fee. When an adult business permit application
is filed, it shall be accompanied by a filing fee in the amount of
two hundred fifty dollars. (Ord. 626 -2(part), 1996).
17.14.090 Permit application-Review and approval.
A. When an application has been accepted as complete, the
planning director shall set the application for a nondiscretionary
public hearing before the planning commission within sixty
days from the date on which the application was accepted
as complete, generally following the notice procedures set
out in Section 17.48.050 of this code. 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 planning 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 65960 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 in this chapter; and
2. The adult business is located in a zone classification which lists
the adult business as a permitted use; and
3. Except as specifically provided in this chapter, the adult business
complies with the development requirements prescribed in this chapter.
D. Issuance or denial of the ministerial permit is not subject
to administrative appeal. (Ord. 626 -2(part) 1996).
17.14.100 Existing adult businesses. A. Any adult business
lawfully operating or permitted on the effective date of
the ordinance codified in this chapter shall be deemed to
be a complying use provided they are in compliance with
all conditions imposed upon them as a condition of the issuance
of their operating permit.
B. Except
with respect to the violation of any condition imposed upon the issuance
of an existing operating permit, any adult business lawfully operating
or permitted on the effective date of the ordinance codified in this
chapter shall not be subject to the abatement provisions of Section
17.40.070(D) by virtue of noncompliance with any of the provisions
of this chapter.
C. An
adult business lawfully operating as a conforming use is
not rendered nonconforming by the subsequent location of
a residence, or a residential or agricultural zone, within
two hundred and fifty feet of the adult business, or the
subsequent location of a church, chapel or other publicly
recognized place of worship, public park, public or private
school or child care center, within five hundred feet of
the adult business. (Ord. 626 -2(part), 1996).
17.14.110 Conflicts. If the provisions of this chapter conflict
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. 626 -2(part), 1996).
17.14.120 Modifications or revocations. The planning commission
may modify or revoke an adult business permit if it finds
that one or more of the following conditions exist:
A. The building, structure, equipment or location of such
business does not comply with or fails to meet all of the
health, zoning, fire and safety requirements or standards
of all of the laws of the state of California or ordinances
of the city applicable to such business operation;
B. The
business owner, its employee, agent or manager has been convicted in
a court of competent jurisdiction of:
1. Any violation of any statute, or any other ordinance arising from
any act performed in the exercise of any rights granted by the permit,
the revocation of which is under consideration, or
2. Any offense involving the maintenance of a nuisance caused by any
act performed in the exercise of any rights granted by the permit the
revocation of which is now under consideration;
C. 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. 626 -2(part), 1996).
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