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HomeMy Public PortalAboutOrdinance 83-537ORDINANCE NO. 83 -537 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF TEMPLE CITY AMENDING PART XIV -A OF THE ZONING CODE RELATING TO THE ZONING OF ADULT BUSINESSES THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN: SECTION 1. Section 9455 of the Temple City Zoning Code is hereby amended to read as follows: PART XIV -A - SPECIAL USES "9455. Adult Businesses. (a) An "adult business" is defined as any business which is at any time or times, conducted exclusively for the patronage of adults, from the premises of which minors are specifically excluded by law or as a prevailing business practice by the owner or person in possession of the premises. This definition shall exclude any use preempted by State law or licensed by the State. (b) "Sexually oriented" means any use, display, sale, product, book, treatment, manipulation, projection machine or other device, the principal advertised and emphasized purpose, use of, manifestation of which is gratification, prurience, education, entertainment, observation, reading, or other stimulus, excitation, or study of human hetero- • sexual, homosexual, or other "explicit sexual activity" or simulation or depiction thereof. "Explicit sexual activity" means acts or depictions (real or simulated) of sexual intercourse, oral copulation, anal intercourse, oral -anal copulations, bestiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of the genitals (whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals) or other act of sexual arousal involving any physical contact with a person's genital, public region, pubic hair, perineum, anus or anal region, These definitions exclude any acts preempted by the State, or judicially declared not subject to local control, but include those defined by Miller v. Calif. 413 U.S. 15. (c) A sexually oriented adult business shall not be permitted within six hundred feet of a church, nor within six hundred feet of a public or private school for the academic education of children, nor within three hundred feet of residentially zoned property, nor within three hundred feet of premises selling alcoholic beverages, nor within one thousand feet of another such sexually oriented adult business. (d) Any other type of sexually oriented business, whether an adult business or not, shall be similarly regu- lated and restricted, under the authority of the U.S. Supreme Court of Young v. American Mini - theatres 427 U.S. 50. (e) In the event any prohibition set forth in subsections (c) or (d) of this section is held by any court or jurisdiction to be invalid or inapplicable, then such use or uses shall ipso facto, immediately and automatically, be classified as a conditional use requiring a conditional use permit. pursuant Ordinance No. 83 -537 Page 2 to the provisions of the CUP Section of the Zoning Code of this City and an Environmental Impact Report pursuant to the California Environmental Quality Act. Applications for such Conditional Use Permits shall be granted only if the requisite standards are met. (f) In the event there exists on the date of enactment of the ordinance codified in this section any use which qualifies as a pre- existing nonconforming use, then such use may either: (1) Be summarily abated as a public nuisance if after a due process hearing the City Council so determines; or (2) Be amortized over a useful life of one year from date of notice, and then abated as a violation of this code - all inconsistent provisions of this code relating to nonconforming uses notwithstanding. (g) This Section 9455 shall be effective in all zones of the City, except Zone M -2 more than 150 feet south. of Lower Azusa Road and Zone M -1 south of Lower Azusa Road and easterly of Miller Drive. SECTION 2. The City Clerk of the City of Temple City shall certify to the passage and adoption of this ordinance and shall cause it to be published as required by law. APPROVED and ADOPTED this 3rd day of May ATTEST: e6,2 Chief De P}gY City Cit Cler , 1983. I hereby certify that the foregoing Ordinance, being Ordinance No. 83 -537 , was introduced at a regular meeting of the City Council of the City of Temple City held on the 19th day of April , 1983, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk, at a regular meeting of the said City Council held on the 3rd day of May , 1983, by the following vote: AYES: NOES: ABSENT: Councilmembers- Atkins, Dennis, Swain, Tyrell., Gillanders Councilmembers -None Councilmembers -None 1 J 751 ;') /;_< AP Ill of Dep9ty City erk