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
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