.010 Any sex-oriented business lawfully existing on July 20, 1993, which becomes a nonconforming use by reason of the adoption of this chapter, shall cease operation, or otherwise be brought into full compliance with the provisions of this chapter, not later than either: (i) November 1, 1995; or (ii) six months following the date of written notice, as provided in subsection .020 below, whichever is later (the "Amortization Period"), unless sooner terminated for any reason or voluntarily discontinued for a period of sixty (60) consecutive calendar days or more, or unless an additional extension of said “Amortization Period” is granted upon application therefor filed pursuant to subsection .030 of this Section 18.54.090. No nonconforming use shall be increased, enlarged, extended or altered, except that the use, or any portion thereof, may be changed to a conforming use. If two or more sex-oriented businesses are located within one thousand (1,000) feet of each other on the effective date of this chapter, the sex-oriented business first established and continuously and lawfully operating at such location shall be deemed the use conforming to the locational requirement of paragraph 18.54.030.050.0504, and the later established use(s) shall be deemed nonconforming to the locational requirement for purposes of this Section 18.54.090.
.020 Any sex-oriented business, which becomes a nonconforming use by reason of the adoption of this chapter, shall be notified in writing of its nonconforming status by the Planning Director of the City of Anaheim, by certified mail or personal service. Such notice shall be given within six (6) months following the effective date of this chapter or, upon any later discovery by the City of the existence of a nonconforming sex-oriented business, within a reasonable time thereafter. Such notice shall be given to the property owner of record upon which such business is located, the owner of the business, and the holder of the business license for such business (to the extent such parties are different and are identifiable and accessible). Such notice shall also identify the applicable amortization period, as provided in subsection .010 above, and include a copy of this Section 18.54.090, describing the process for requesting an extension of such amortization period. Failure of any person to actually receive such notice shall not affect the validity of any proceedings pursuant to this Section 18.54.090.
.030 Any application for an extension of the amortization period set forth in subsection .010 of this section must be filed by either the owner of the property upon which the business is located, the owner of the business, or the holder of the business license for the business, not later than either: (i) May 1, 1995; or (ii) within sixty (60) calendar days following the date of receipt of the notice from the Planning Director specified in subsection .020 above, whichever date is later. Such application shall be made in writing to the Planning Director, shall include all of the information required by subsection .040 below, and shall be accompanied by the required application fee, as established by ordinance or resolution of the City Council. The amortization period specified in subsection .010 above shall be final and conclusive for all purposes in the absence of a timely filed extension application pursuant to this subsection .030.
.040 Not later than thirty (30) calendar days after submittal of an application to extend the amortization period, the Planning Director shall notify the applicant, in writing, if the application is not complete and specify the reasons therefor. A complete application shall include: (i) a written request for an extension of the amortization period, which specifies the additional length of time requested for amortization of the existing use and the justification therefor, including but not necessarily limited to, information relevant to the criteria for such extension as listed in subsection .060 below; (ii) the signature of the applicant, certifying under penalty of perjury that all of the information upon or submitted with the application is true and correct to the best of his or her information and belief; and (iii) the required application fee. If the application is not complete, the Planning Director shall specify in writing those portions which are incomplete and shall identify the manner by which it can be made complete. If a written determination is not provided to the applicant within thirty (30) calendar days after it is submitted, the application shall be deemed complete. Upon receipt of notice that the application is incomplete, the applicant shall have thirty (30) calendar days to submit a revised application or the required additional information. If the applicant fails to submit a revised application or the additional information required by the notice of insufficiency prior to the expiration of said thirty (30) day period, the application shall be deemed withdrawn, and the amortization period specified in subsection .010 above shall be final and conclusive for all purposes. If the applicant submits a revised application or the additional required information to the Planning Director within the time period, the Planning Director shall again review the sufficiency of the application within the time and manner set forth in this subsection .040.
.050 Within thirty (30) calendar days following the receipt of a completed application, the Planning Director shall transmit the application and file to the City Hearing Officer. The Hearing Officer shall, within twenty (20) calendar days thereafter, conduct a hearing upon such application. Notice of such hearing shall be given in writing to the owner of the property upon which the business is located, the owner of the business, the holder of the business license for the business, and the Planning Director. Such notice shall be given by first class mail, postage prepaid, and shall be deposited in the course of transmission with the United States Postal Service not less than ten (10) calendar days prior to the date of the hearing. Such notice shall specify the date, time, place and subject matter of the hearing.
.060 At the hearing, the Hearing Officer shall receive the evidence and testimony regarding the criteria set forth in this subsection, and shall determine whether the business has been provided a reasonable amortization period commensurate with the investment involved. If the Hearing Officer determines that the amortization period specified in subsection .010 above is not reasonable, the Hearing Officer shall prescribe a reasonable amortization period commensurate with the investment in the business. The criteria to be used by the Hearing Officer in making such determination shall be as follows:
.0601 The owner's financial investment in the business prior to the date of notice, pursuant to subsection .020 above.
.0602 The present actual and depreciated value of the business improvements.
.0603 The applicable Internal Revenue Service depreciation schedules for such improvements.
.0604 The remaining useful life of the business improvements.
.0605 The extent to which the business fails to comply with all applicable requirements of Chapter 18.54.
.0606 The extent, if any, to which the business has been brought into compliance with any of the applicable requirements of this chapter since the date of its adoption, and with which such business previously failed to conform, including the cost incurred for any such improvements.
.0607 The remaining term of any lease or rental agreement under which the business is operating.
.0608 The date upon which the owner first received notice of the nonconforming status of the business pursuant to subsection .020 above.
.0609 Whether the business can be brought into conformance with all applicable requirements of this chapter without requiring it to be relocated, and the cost of complying with such requirements.
.0610 Whether the business must be discontinued at the present location in order to comply with the requirements of this chapter and, if such relocation is required: (i) the availability of relocation sites, and (ii) the cost of such relocation.
.0611 The ability of the owner to change the business to a conforming use.
.070 Within fifteen (15) calendar days following the date of the hearing (or any extension of such hearing as approved by the applicant), the Hearing Officer shall mail by first class mail, postage prepaid, a written copy of his or her decision, regarding such application, to the owner of the property upon which the business is located, the owner of the business, the holder of the business license, and to any other person who has theretofore made written request to the Hearing Officer for notice of such decision. The decision shall include written findings in support of his or her determination to grant or deny an extension of the amortization period. Approval of any extension of the amortization period specified in subsection .010 may be conditioned upon phased compliance with certain requirements of this chapter by various dates. Failure to comply with any such conditions or requirements of the extension within the time limit(s) specified in the extension decision shall be deemed an automatic expiration of the amortization period without further notice, hearings or orders; provided, however, in no event shall such amortization period expire prior to the date set forth in subsection .010 above. The decision of the Hearing Officer shall be based upon the evidence presented at the hearing.
.080 The decision of the Hearing Officer may be appealed to the Planning Commission by any person, by the filing of a written notice of appeal with the Planning Commission Support Supervisor not later than ten (10) calendar days following the date of mailing of such decision by the Hearing Officer. In the absence of a timely filed appeal, the decision of the Hearing Officer shall be deemed final and conclusive.
.090 Upon the receipt of a timely filed appeal, the decision of the Hearing Officer shall be deemed vacated, and the Planning Commission Support Supervisor shall notify the Hearing Officer, who shall immediately transmit the file of such proceedings to the Planning Commission Support Supervisor. The Planning Commission Support Supervisor shall schedule a hearing, which shall be held by the Planning Commission not later than thirty (30) calendar days following the date of filing of the appeal. Such hearing shall be a de novo hearing, and shall be conducted in the same manner and within the same time limits as set forth in subsections .050 through .080 above, except that the Planning Commission shall substitute for the Hearing Officer. The decision of the Planning Commission upon any such appeal shall be final and conclusive.
.100 No sex-oriented business which was rendered nonconforming by the adoption of this chapter shall continue to be operated in the City of Anaheim without complying with all of the provisions of this chapter, otherwise applicable to such sex-oriented business, following expiration of the amortization period set forth in subsection .010 above or any extension thereof specifically approved for such sex-oriented business pursuant to this Section 18.54.090.
.110 A sex-oriented business lawfully operating as a conforming use is not rendered a nonconforming use solely by reason of the subsequent establishment of a religious institution, public or private elementary, secondary, middle, junior high or high school, or park within one thousand (1,000) feet, or a residential zone or a residential use within four hundred (400) feet, of the sex-oriented business.
.120 Notwithstanding any other provision of this Section 18.54.090 to the contrary, any sex-oriented business which either: (i) was lawfully existing on July 20, 1993, and has continued to lawfully exist at the same location since such date; or (ii) obtained a sex-oriented business permit issued by the Planning Director prior to the effective date of this subsection, and has continued to comply with all terms and conditions of such permit and any renewal thereof, shall be deemed exempt from the locational requirements set forth in paragraphs .0501 through .0506, inclusive, of subsection .050 of Section 18.54.030 of this chapter (the "locational requirements"), and from the signage requirements set forth in subparagraph .07 of paragraph .0510 of subsection .050 of Section 18.54.030 of this chapter (the "signage requirements"), and said use shall not be required to be discontinued or relocated because of such location or signage requirements. Any such existing, legal nonconforming use shall comply with all of the other provisions of this chapter, except the locational and signage requirements, within the time and manner otherwise provided in this Section 18.54.090. No such legal nonconforming use shall be: (i) increased, enlarged, extended or expanded in size, area or seating; or (ii) changed, converted or altered from one type or category of sex-oriented business to a different type or category of sex-oriented business, as such types and categories of businesses are defined in Section 18.54.020 of this chapter, without complying with said location requirements. No signage of any such legal nonconforming use shall be increased, enlarged, extended, expanded, relocated, reconstructed or in any way altered or changed (except for name changes), without such changes complying with said signage requirements. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 §§ 80 - 84; June 5, 2012.)