§ 21.45.245. Standards—Nightclub, unlicensed.

A.

Purpose. Certain types of enterprises have been determined to produce secondary impacts on surrounding land uses. The impacts include a perceived decline in property values, and an increase in the level of criminal activity, including unlawful sales and use of drugs and consumption of alcoholic beverages, in the vicinity of these types of enterprises. The purpose of this section is to segregate such enterprises from land uses that are likely to be negatively impacted.

B.

Minimum distance from certain uses. Except for teen nightclubs and underage dances permitted under chapter 10.55 and unless the exemption described in subsection E. applies, an unlicensed nightclub shall be located so that all portions of the lot on which the unlicensed nightclub is located shall be 300 feet or more from the lot line of property on which is located:

1.

A public, private or parochial school;

2.

Property zoned residential; or

3.

R-11 zoned property designated as residential in the comprehensive plan.

C.

Administrative permit required. An administrative permit for each unlicensed nightclub shall be obtained from the department of public works and be displayed in a prominent place inside the unlicensed nightclub. This permit shall certify that, when granted, the enterprise was in compliance with subsection B. of this section or that the unlicensed nightclub fits within the exemption set forth in subsection E. of this section. This permit shall be obtained from the administrative official designated pursuant to section 21.10.005. This permit shall remain valid so long as that enterprise remains in continuous operation at that location, and does not physically expand.

D.

Premises without permit. Except as provided in subsection E., an unlicensed nightclub not in possession of a permit must immediately cease all activities for which a permit pursuant to this section is required. For purposes of this section, "to operate" means to direct or control the work force of an enterprise or to start or keep the enterprise working.

E.

Exemptions allowing amortization of existing nonconforming use. If an unlicensed nightclub is an existing nonconforming use on December 8, 1998, such unlicensed nightclub has an automatic exemption for 30 days. The operator of an unlicensed nightclub which is an existing nonconforming use as of this ordinance's effective date may apply for an exemption of longer than 30 days if such application is made no later than 30 days after December 8, 1998, to the administrative hearings officer for administrative adjudication under chapter 3.60. The reasonableness of a request for an exemption longer than 30 days shall be decided through a quasi-judicial determination. The purpose of the exemptions created by this subsection is to allow for amortization of the investment made in such existing nonconforming use before such use is terminated by the operation of this ordinance. Such quasi-judicial determination shall be made with consideration of the following:

1.

The structure which is a nonconforming use;

2.

The location of the land on which sits a nonconforming use in relation to surrounding uses;

3.

The investment in the nonconforming use;

4.

The value of the land and improvements which constitute the nonconforming use relative to the value of surrounding land, improvements, and uses;

5.

The benefit derived by the public from the nonconforming use;

6.

The length of the period of nonconforming use;

7.

The nature of the neighborhood surrounding the nonconforming use;

8.

The value and condition of the improvements on neighboring premises;

9.

The nearest area which an unlicensed nightclub can operate as a conforming use;

10.

The cost of moving an unlicensed nightclub from an area in which such nightclub is a nonconforming use to an area in which such nightclub is a conforming use;

11.

Any other reasonable costs which bear upon the kind and amount of damages sustained by terminating a nonconforming use; and

12.

Any other factors relevant to this determination.

(AO No. 98-160, § 12, 12-8-98; AO No. 2003-56, § 1, 7-8-03)