Chapter 23.70


23.70.010    Purpose and intent.

23.70.020    Definitions.

23.70.030    Classification.

23.70.040    Distance requirements.

23.70.050    Nonconforming use based upon distance requirements.

23.70.060    Other nonconforming use.

23.70.010 Purpose and intent.

It is the purpose of this chapter to regulate adult-oriented businesses in order to promote the health, safety, and general welfare of the residents of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult-oriented businesses within the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. In addition, it is not the intent or effect of this chapter to condone or legitimize the distribution of obscene material. [Ord. 26-2006 §3, eff. 8-11-2006]

23.70.020 Definitions.

Terms unique to this chapter are listed in EGMC Chapter 23.100 (General Definitions). [Ord. 8-2011 §32(A), eff. 6-24-2011]

23.70.030 Classification.

Adult-oriented businesses are classified as follows:

A. Adult arcades;

B. Adult bookstores (including adult novelty stores or adult video stores);

C. Adult cabarets;

D. Adult motels (including adult hotels);

E. Adult motion picture theaters;

F. Adult theaters;

G. Nude model studios; and

H. Sexual encounter centers. [Ord. 26-2006 §3, eff. 8-11-2006]

23.70.040 Distance requirements.

Adult-oriented businesses are permitted subject to compliance with all of the following conditions:

A. Such use is situated more than one thousand (1,000' 0") feet from any other adult-oriented business, whether in the City, in an adjoining city, or within an unincorporated area.

B. Such use is located more than one thousand (1,000' 0") feet from any of the following uses, whether in the City, in an adjoining city, or within an unincorporated area:

1. Land zoned or used for single-family, duplex, or multifamily residences;

2. Any public or private educational facility including but not limited to child day care facility, libraries, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools. This category of uses does not include vocational or professional institutions of higher education including but not limited to community or junior colleges, colleges and universities;

3. Any public park, or recreational area, or property zoned, planned, or otherwise designated for such use by City action, including but not limited to a park, playground, nature trail, swimming pool, athletic field, basketball or tennis court, or other similar public land within the City which is under the control, operation, or management of the City, a community services district, or other park and recreation authority; or

4. A church, synagogue, mosque, temple or building or portion of a building or structure which is regularly used for religious worship or related religious activities.

C. Such use is situated in either an LI or HI land use zone.

D. The distance between the adult-oriented business and the zone described in subsection (A) or (B) of this section shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the building or structure in which the adult-oriented business is located to the boundary of the property on which the building, structure, or use or portion of the building structure, or use described in subsection (A) or (B) of this section is located.

E. No more than one classification of adult-oriented business shall be permitted within a single structure unless such structure is divided so that the perimeters of the individual adult-oriented businesses are separated by more than one thousand (1,000' 0") feet at their closest point. [Ord. 27-2013 §13, eff. 2-7-2014; Ord. 1-2008 §3, 2-22-2008; Ord. 26-2006 §3, eff. 8-11-2006]

23.70.050 Nonconforming use based upon distance requirements.

A. Notwithstanding the provisions of EGMC Section 23.70.040, the use of land for an adult-oriented business which is subject to a distance separation requirement from other specified uses that was legally established, but has been rendered nonconforming as a result of an incompatible use being established within the prescribed distance separation requirement, may continue subject to all of the following restrictions:

1. Such use shall not be expanded or extended in any way either on the same or adjoining land;

2. The use, including the classification of adult-oriented business, shall not be changed except to a use which conforms to the regulations and zoning applicable to such land;

3. If such use is discontinued for a period of more than ninety (90) days, it shall not thereafter be reestablished;

4. If the adult-oriented business license required by EGMC Section 4.31.005 for such use is revoked, such use shall not thereafter be reestablished.

B. The initial conformity of a use shall be determined as of the date a completed application for an adult-oriented business license is received by the city for the specified use on the subject property.

C. The foregoing provisions shall supersede the nonconforming use provisions of EGMC Chapter 23.84 and shall apply to adult-oriented businesses. [Ord. 26-2006 §3, eff. 8-11-2006]

23.70.060 Other nonconforming use.

A. Any adult-oriented business that was lawfully operating on October 16, 2002, or that is lawfully operating on land annexed into the City after October 16, 2002, that is in violation of this chapter shall be deemed a nonconforming use.

B. The nonconforming use shall be permitted to continue for a period not exceeding:

1. One (1) year from October 16, 2002; or

2. One (1) year from the date the land is annexed into the City, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

C. The owner or operator of a nonconforming adult-oriented business use may apply under the provisions of this section to the Development Services Director for an extension of time within which to terminate the nonconforming use.

1. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this section may be filed by the owner of the real property upon which such nonconforming adult-oriented business use is operated, or by the operator of the use. The application must be filed with the Development Services Director at least ninety (90) days, but no more than one hundred eighty (180) days, prior to the time established in this section for termination of such nonconforming adult-oriented business use.

2. The written application for extension 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. Either the Planning Commission or a Hearing Officer appointed by the City Manager shall hear the application. The matter shall be set for hearing within 30 business days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. 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 matters. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness. Unless all parties stipulate, the decision of the Planning Commission or Hearing Officer shall be rendered prior to the termination date of the nonconforming use. The decision shall be final and subject to judicial review pursuant to Section 1094.8 of the Code of Civil Procedure.

4. An extension under this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the City Planning Commission or a Hearing Officer 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 adult-oriented Business use is conducted, such property or structure cannot be readily converted to another use, and such investment was made prior to the (i) effective date of this chapter or (ii) the date the land was annexed into the City.

b. The applicant will be unable to recoup said investment as of the date established for the termination of the use.

c. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this chapter.

D. The Development Services Director or his or her designee may require an applicant to provide additional written documentation from specified licensed professionals as necessary. Such information may include, but not be limited to, the following:

1. A statement showing that the original value of the building or structure within which the adult-oriented business is operated;

2. A statement showing that repair and maintenance costs on the building for a period of 24 consecutive months prior to the termination date does not exceed 25 percent of the current replacement cost of the nonconforming use; or

3. A statement showing the percentage of value of the building or structure attributable to the adult-oriented business use occurring therein. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 26-2006 §3, eff. 8-11-2006]