HomeMy WebLinkAboutOrdinance No. 2094 x ,
ORDINANCE NO. 2094
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA ADDING CHAPTER 19 . 63 OF THE
AZUSA MUNICIPAL CODE AND AMENDING SECTIONS
19.40. 051 OF SAID CODE, REGULATING AND
CONTROLLING ADULT BUSINESSES .
THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. That the City Council of the City
of Azusa does hereby find, determine, and declare as
follows:
(a) That certain businesses, hereinafter defined
and described as "adult businesses , " are located, and are
proposed for location, within areas of the City which are
zoned for commercial uses , and are immediately adjacent to
residential areas; and
(b) That experience in this City, as well as in
other portions of Southern California, and other areas, has
demonstrated that such uses, when located in immediate
proximity to one another, have operational characteristics
which have a deleterious effect on immediately adjacent
residential and commercial areas; and
(c) That the concentration of such uses sub-
stantially contributes to blighting and downgrading of
adjacent commercial and residential areas; and
(d) That it is evident that special zoning
regulations applicable to these and similar uses , are
necessary to preserve the integrity of existing commercial
areas of the City, and of residential areas which are in
close proximity to such commercial areas; and
(e) That the public interest, convenience,
necessity, and the general welfare of the City requires
that such special zoning regulations be enacted.
SECTION 2 . That Chapter 19 . 63 is hereby, added
to Title 2 of the Azusa Municipal Code, consisting of
Sections 19. 63. 010 through 19. 63. 040, inclusive, to read,
respectively, as follows :
"Chapter 19 . 63 - ADULT BUSINESSES
"SECTION 19 . 63. 010 - Purpose - The
purpose of the adoption of the pro-
visions of this Chapter is to establish
a comprehensive set of regulations
applicable to adult businesses and
similar and related uses .
"SECTION 19.63. 020 - Definitions - In
addition to the definitions contained in
Chapter 19 . 04 , the following words and
phrases shall, for the purposes of this
Chapter, be defined as follows, unless it
is clearly apparent from the context
that another meaning is intended:
" (1) Adult bookstore shall mean an
establishment having as a substantial
or significant portion of its stock in
trade, material which is distinguished
or characterized by its emphasis on
matter depicting, describing or related
to specified sexual activity or specified
anatomical areas, or an establishment with
a segment or section thereof devoted to
the sale or display of such material.
" (2) Adult Business shall mean any business
which is conducted exclusively for the
patronage of adults, and as to which minors
are specifically excluded from patronage
thereat, either by law or by the operators
of such business. 'Adult business ' shall
also mean and include adult bookstores , adult
theaters, massage parlors and modeling studios,
adult motels or hotels, but not including those
uses or activities, the regulation of which is
pre-empted by State law.
" (3) Adult hotel/motel shall mean a hotel or
motel, as defined in Chapter 19. 04 , of this
Code, which provides through closed circuit
television or other media, material which is
distinguished or characterized by the emphasis
on matter depicting or describing or related to
specified sexual activities or specified
anatomical areas.
" (4) Adult theater shall mean a theater which
presents live entertainment or motion pictures
or slide photographs, which are distinguished
or characterized by their emphasis on matter
depicting, describing or relating to specified
sexual activity or specified anatomical areas.
" (5) Material relative to adult businesses shall
mean and include, but not be limited to,
accessories, books, magazines, photographs, prints ,
drawings, paintings, motion pictures and pamphlets,
or any combination thereof.
" (6) Massage parlor shall mean any establishment
regulated pursuant to Chapter 8.08 of the Azusa
Municipal Code.
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" (7) Modeling studio shall mean any
establishment or business which provides
for members of the public, the services
of a live human model for the purpose of
reproducing the human body, wholly or
partially in the nude, by means of photo-
graphy, painting, sketching, drawing or
other pictorial form.
" (8) Specified anatomical areas shall mean:
(a) Less than completely and opaquely covered:
(i) Human genitals , pubic region;
(ii) Buttock; and
(iii) Female breast below a point
immediately above the top of
the areola; and
(b) Human male genitals in a discernibly turgid
state, even if completely and opaquely
covered.
" (9) Specified sexual activities shall mean:
(a) Human genitals in a state of sexual
stimulation or arousal; and/or
(b) Acts of human masturbation, sexual
stimulation or arousal; and/or
(c) Fondling of other erotic touching of human
genitals , pubic region, buttock or female
breast.
"SECTION 19. 63. 030 - Special Regulations - All
uses subject to the provisions of this part shall
comply with all of the regulations contained in
this chapter, and the following regulations :
" (1) That prior to establishing or conducting of
any adult business, a conditional use permit
therefor shall be obtained, pursuant to the provisions
of Chapter 19. 60, and
" (2) That no adult business shall be granted a
conditional use permit unless the lot upon which
business is proposed to be located:
(a) Is classified in Zone C-2 or a less
restrictive zone; and
(b) Is not within five hundred (500) feet of
any lot classified in any of the R zones;
and
(c) Is not within one thousand (1, 000) feet of
any lot upon which there is located a
church, or educational institution, park or
other public facility which is utilized
by minors; and
(d) Is not within one thousand (1, 000) feet of
any lot on which there is located another
adult business,.
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"SECTION 19 . 63 . 040 - Nonconforming Adult
Businesses - All adult businesses which
were lawfully in existence as of the effec-
tive date of Ordinance No. 2088, and which
were rendered nonconforming by the application
thereto of the provisions of this Chapter, shall
be subject to abatement in the times and
manner set forth in Section 19 . 40 . 051 of the
Azusa Municipal Code. "
SECTION 3 . Section 19 . 40. 051 is hereby added to
Chapter 40, Title 19 of the Azusa Municipal Code to read
as follows:
"SECTION 19 .40. 051 - Nonconforming Uses -
Adult Businesses - Nonconforming uses involving
adult businesses, as that use is defined in
Chapter 19 . 63, lawfully in existence as of
the effective date of Chapter 19 . 63 of this
Code shall be abated 180 days after the
effective date of said Chapter 19 . 63. "
SECTION 4 . The City Clerk Shall certify to the
passage of this Ordinance and shall cause the same to be
published as required by law.
PASSED AND APPROVED this2nd day of June , 1980 .
fiAYOR
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS.
CITY OF AZUSA
I, ADOLPH SOLIS, City Clerk of the City of Azusa, do
hereby certify that the foregoing Ordinance No. 2094 was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 19thday of May,
1980. That, thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the
2nd day of June , 1980, by the following vote to wit:
AYES: COUNCILMEN: Decker, Fry, Moses, Solem
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Cruz
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CITY C•
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Publish Azusa Herald: June 12 , 1980
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