Buellton City Zoning Code
CHAPTER 19
14 ADULT USE ZONING REGULATIONS
§ 19.14.010 Definitions.
As used in this chapter, the following words and phrases shall have the meaning set forth below:
"School"
means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the state to offer day care, nursery care, pre-school, elementary, or secondary academic instruction, including day care, nursery, kindergartens, elementary schools, middle or junior high schools and high schools.
"Sensitive use"
means any county or city zone or land use district, including those within planned communities, which contain the words "residence," "residential," or "rural living," within its title; any church, chapel, religious institution, or similar place of worship; any cemetery, or similar facility; any school, nursery, or day care center; or any park, playground, or property zoned, planned, or otherwise designated for such use by city or county action or by city or county acceptance of dedications for such use.
Terms used in this chapter not otherwise defined herein shall have the meanings set forth in Chapter 5.06 entitled "Adult-Oriented Business Licenses" of this code and are incorporated in this chapter by this reference. |
(Ord. 00-03 § 5, 2000)
§ 19.14.012 Adult-oriented business-Application.
In order to operate an adult-oriented business within this city, the applicant or proprietor of the business must obtain the license required by Chapter 5.06 and any other license required by Title 5 of this code. Notwithstanding the foregoing, no adult-oriented business shall be required to obtain a conditional use permit or a planned development permit.
(Ord. 00-03 § 5, 2000)
§ 19.14.014 General provisions.
Adult-oriented businesses shall only be permitted to be established in the M zone, industrial and manufacturing and shall be subject to the location and design standards specified by this chapter. For the two years prior to establishing the adult-oriented business and at all times during its operation in Buellton, neither the owner (if an individual) nor any of the directors, officers or general partners (if a corporation or partnership) of the adult-oriented business shall have been found guilty of a misdemeanor or felony classified by the state as a sex-related offense, including, but not limited to, Penal Code Sections 266a-c, 266e, 266g-i, 315, 316, 647 subsection (a) or (b), or have either had an adult-oriented business license or similar license or permit suspended or revoked or have otherwise been found to have violated any of the provisions of an adult-oriented business license or similar permit, license or ordinance in any city, county, territory or state. Nor shall any such person be on parole or probation for any of the aforementioned violations.
(Ord. 00-03 § 5, 2000)
§ 19.14.016 Location, design and performance standards.
A.
Locational Standards—Sensitive Uses. An adult-oriented business shall not be established or located within 750 feet of a sensitive use.
B.
Locational Standards—Distance Between Adult-Oriented Businesses. An adult-oriented business shall not be established or located within 750 feet of an existing adult-oriented business. If two or more existing adult-oriented businesses are located in closer proximity to each other than 750 feet, then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of continuous uninterrupted operation of the businesses.
C.
Locational Standards—Measurement of Distance. For the purposes of this section, all distances shall be measured in a straight level line, without regard to intervening structures, from the nearest point of the building or structure in which the adult-oriented business is or will be located to the nearest property line of any land use, land use district, or zone described in subsection A of this section, or to the nearest point of the building or structure or part thereof if less than the entire structure is occupied by or proposed to be occupied by an adult-oriented business in which an existing adult-oriented business described in subsection B of this section, is located.
D.
Sensitive Uses—Subsequent Location. An adult-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of an adult-oriented business, a church, a school, or any other sensitive use within 750 feet.
E.
Design Standards.
1.
The adult-oriented business shall not be located completely or partially within any mobile structure or pushcart.
2.
All building openings, entries, and windows shall be located, covered, or screened to prevent viewing the interior from any exterior area.
3.
No partitions between subdivisions of a room, portion, or part of a building, structure, or premises—including restrooms—may have an aperture, hole, slit, or other opening or gap which is designed or otherwise constructed to encourage, permit, or allow sexual activity between persons on either side of the partition.
4.
Each adult-oriented business shall have a business entrance separate from any other nonadult business located in the same building.
5.
The maximum occupancy load, fire exits, fire lanes, and fire suppression equipment shall be regulated, designed, and provided in accordance with the regulations and standards of the Orange County fire authority and the city's building department.
6.
Any adult-oriented business in which live entertainment is performed, shall have such performances only conducted on a stage or on a platform that is raised 18 inches and which has a rail which does not allow patrons to be any closer to the performers than ten feet. Said rail shall be at least 42 inches in height and shall be installed around the perimeter of the stage or platform.
7.
Any adult-oriented business shall be designed such that a manager's station is provided for the purpose of supervising activities within the business and such that a manager in the manager's station can view the entire interior of the business to which the public is allowed access, excepting restrooms.
8.
Any viewing room or area shall be visible from the manager's station and such view shall not be obscured or obstructed by any wall, curtain, door, any other structure, or by any display of merchandise.
9.
No private viewing areas as defined herein shall be permitted or shown on any design for an adult-oriented business.
10.
The owner of the adult-oriented business shall provide restroom facilities for male and female patrons. The restrooms shall be free from sexually oriented materials and sexually oriented merchandise. Only one person will be allowed in the restroom at any time, unless otherwise required by law, in which case the owner of the adult-oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The owner shall ensure that the attendant permits no person of the opposite sex in the restroom, not more than one person to enter a restroom stall, and, with the exception of urination and excretion, permit no persons to engage in any specified sexual activity in the public portion of the restroom.
F.
Performance Standards. The establishment of an adult-oriented business shall comply with the applicable site development standards, including parking, of the zone, district, or area in which the adult-oriented business is located, the Building Code, Fire Code, and the Health and Safety Code of the city. An adult-oriented business shall comply with the applicable city permit and inspection procedures. In addition, adult-oriented businesses shall comply with the following performance standards:
1.
At all times, the maintenance and operation of an adult-oriented business shall be in accordance with the design standards set forth in subsection D of this section.
2.
The building entrance to the adult-oriented business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.
3.
A manager shall be on duty on the premises during all times that the adult-oriented business is open to the public.
4.
Any viewing room shall be visible from the manager's station of the adult-oriented business, and visibility of the entire viewing room from the manager's station shall be neither obscured nor obstructed by any curtain, door, wall or other structure.
5.
All exterior areas of adult-oriented businesses, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds and debris.
6.
No special events, promotions, concerts, or similar activities which are likely to increase the parking demand at the location of the adult-oriented business shall occur unless the permitholder has obtained a special events permit from the city as would be required by all other types of businesses within the city.
7.
Off-street parking shall be provided for the adult-oriented business on-site and as specified for the zone, district, or area in which the business is located in accordance with the parking provisions of Buellton Municipal Code and as follows:
a.
Adult Theater, Adult Cabaret, Adult Motion Picture Theater or Adult Arcade. One parking space shall be provided for every two seats in a viewing room, or one parking space shall be provided for every two occupants per the allowable occupant load as established by the chief building official and/or the fire marshal, whichever standard is greater. In addition, one parking space shall be provided for each employee or independent contractor on the maximum shift.
8.
Any person who operates or causes to be operated an adult-oriented business, other than an adult motel and regardless of whether or not an adult-oriented business license has been issued to said business under this code, which exhibits on the premises in a viewing room or viewing area of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
a.
There shall be at least one manager's station on the premises. A manager's station(s) shall not exceed 32 square feet of floor area.
b.
It is the duty of the adult business license holder to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.
c.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction equipment. If the premises has two or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.
d.
It shall be the duty of the adult business license holder and any employees or independent contractors present on the premises to insure that the view area specified in subsection (F)(8)(c) of this section remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this chapter.
9.
An on-site security program shall be prepared and implemented including the following items:
a.
All off-street parking areas and building entries serving the adult-oriented business shall be illuminated during all hours of operation with a lighting system designed to provide an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and theft. The lighting shall be shown on the required site or plot plan. The required lighting shall remain on for at least 30 minutes after the closing time of the adult-oriented business to promote safety for employees thereof.
b.
All off-street parking areas shall have a security system provided that visually records and retains activities in the parking lot for at least a 48 hour period for the purposes of promoting safety and identifying violators.
c.
All interior portions of the adult-oriented business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two foot-candles of light.
d.
For adult-oriented businesses which exceed an occupant load of 125 persons, the provision of onsite security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the designated head of the law enforcement entity providing law enforcement services to the city. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the designated head of the entity providing law enforcement services to the city.
10.
Adult Motion Picture Theater/Adult Arcade.
a.
A manager's station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture or arcade viewing areas.
b.
No adult motion picture theater or adult arcade shall be maintained or operated unless the complete interior of the adult motion picture theater or adult arcade is visible upon entrance to such premises. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained.
c.
Maximum Number of Devices. No person shall operate an adult motion picture theater or adult arcade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.
11.
Adult Hotel/Motel.
a.
Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented or sub-rented and vacated two or more times in a period of time that is less than ten hours within a 24 hour period on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this title.
b.
A person is in violation of the provisions of this title if such person rents or sub-rents a sleeping room at a location without an adult-oriented business license and an adult use planning permit to a person or persons and within ten hours thereafter rents or sub-rents the same room to another person(s), or sub-rents the same room to the prior renter.
12.
No advertising sign or structure, advertisement, display, or other promotional material depicting specified anatomical areas or specified sexual activities or displaying instruments, devices, or paraphernalia designed for use in connection with specific sexual activities, shall be shown or exhibited so as to be visible from any exterior area.
13.
No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult-oriented business, and the business shall be so conducted that sounds associated with the business are not emitted into any public exterior area.
(Ord. 00-03 § 5, 2000)
§ 19.14.018 Couch dancing/straddle dancing and other sexual and related activities prohibited.
For purposes of this section, "couch dancing" or "straddle dancing" are defined as an employee or independent contractor of the adult-oriented business intentionally touching any patron or coming within ten feet of any patron while appearing in a state of semi-nudity or while simulating any specified sexual activity.
A.
No person shall operate or cause to be operated an adult-oriented business, regardless of whether or not a permit has been issued under this code, knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor:
1.
To engage in a couch dance or straddle dance with a patron at the business;
2.
To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business;
3.
To intentionally touch any patron at an adult-oriented business while engaged in or simulating a specified sexual activity;
4.
To voluntarily be within ten feet of any patron while engaged in or simulating a specified sexual activity;
5.
To violate any provision of Section 5.12.034 of this code.
B.
No employee or independent contractor of an adult-oriented business, regardless of whether or not an adult business license has been issued for said business under this chapter, shall:
1.
Engage in a couch dance or straddle dance with a patron at the business;
2.
Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business;
3.
Engage in or simulate a "specified sexual activity" while intentionally touching a patron at the adult-oriented business;
4.
Engage or simulate a specified sexual activity closer than ten feet from any patron;
5.
Violate any provision of Chapter 5.06 of this code.
C.
No person at any adult-oriented business, regardless of whether or not said business is permitted under this code, shall intentionally touch an employee or independent contractor who is engaging in or simulating a specified sexual activity at the adult-oriented business.
D.
No person at any adult-oriented business, regardless of whether or not said business is permitted under this code, shall engage in a couch dance or straddle dance with an employee or independent contractor at the business who is engaging in or simulating a specified sexual activity.
E.
No person at any adult-oriented business, regardless of whether or not a permit has been issued for said business under this chapter, shall violate any provision of Chapter 5.06 of this code.
F.
No waiter(s) or waitress(es) at an adult-oriented business, regardless of whether or not a permit has been issued for said business under this chapter, shall appear on the premises in the nude, semi-nude, or display or expose specified anatomical areas.
(Ord. 00-03 § 5, 2000)
§ 19.14.020 Performer requirements.
It is unlawful for any person to act as a performer in an adult-oriented business where one or more of the following apply:
A.
The performer is less than 18 years of age;
B.
The performer has, within the past two years, been convicted of any of the offenses listed in Section 19.14.014, or parallel offenses outside the state;
C.
The performer has, within the past two years, violated any applicable subsection of Section 19.14.014 or any applicable subsection of Section 19.14.018.
D.
The performer has, within the past two years, been found to have violated any other adult-oriented business ordinance of any other city, county, or state, or has had any adult-oriented business permit suspended or revoked;
E.
The performer has, within the past two years, been convicted of engaging in any act of obscenity on the premises of the adult-oriented business; or
F.
The performer is on probation or parole for any of the reasons described in subsections B, C, D or E.
(Ord. 00-03 § 5, 2000)
§ 19.14.022 Inspections.
The owner of an adult-oriented business will permit officers of the city, the county and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult-oriented business for the purpose of ensuring compliance with the requirements of this chapter at any time the adult-oriented business is open for business or occupied.
(Ord. 00-03 § 5, 2000)
§ 19.14.024 Applicability and nonconforming period.
All design and performance standards set forth in this chapter are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable and govern all existing and proposed adult-oriented businesses and shall immediately apply to any proposed adult-oriented business upon adoption and passage of this chapter.
A.
In the event that there is any adult-oriented business lawfully in existence prior to the adoption of the ordinance codified in this chapter and is not in compliance with the design and performance standards of this chapter, any such adult-oriented business shall conform to all design and performance standards within six months of the effective date of the ordinance codified in this chapter.
B.
In the event that there is any adult-oriented business lawfully in existence and located outside the boundaries of the city and the parcel on which the adult-oriented business is located is annexed into the city subsequent to the adoption of the ordinance codified in this chapter and is not in compliance with the design and performance standards of this chapter, any such adult-oriented business shall conform to all design and performance standards within six months of the effective date of the ordinance codified in this chapter.
(Ord. 00-03 § 5, 2000)
§ 19.14.026 Extension of nonconforming use amortization period-Adult-oriented businesses.
A.
An application for extension of the amortization period for an adult-oriented business which is a nonconforming use shall be made as provided in this chapter.
B.
The owner of the property on which an adult-oriented business is located or the owner of the adult-oriented business who desires to extend the amortization period must apply for approval of an extension not later than three months prior to expiration of the amortization period, unless the community development director determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the community development director and shall be accompanied by the required fee as established by resolution of the city council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by Section 19.14.032 of this chapter is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this section.
C.
Not later than 30 days after submittal of an application to extend the amortization period, the community development director shall notify the applicant, in writing, if the application is not complete. A complete application shall include:
1.
The applicant's signature;
2.
A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection F of this section and shall identify the term of the requested extension;
3.
The required fees;
4.
A mailing list and a set of gummed labels attached to envelopes with first-class postage fully paid thereon with the names, addresses, and tax assessor parcel numbers of all owners of real property within a radius of 300 feet from the external boundaries of the property on which the adult-oriented business is located; and
5.
A tax assessor's parcel map identifying the properties to be notified within the 300 foot radius.
If the application is not complete, the community development director shall specify in writing those parts which are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within 30 calendar days after it is submitted, the application shall be deemed complete. |
D.
The planning commission shall hold a noticed public hearing on the request for an extension.
E.
Reserved.
F.
Criteria and Findings. In determining whether to grant an extension of the amortization period for an adult-oriented business which is a nonconforming use, and in determining, the appropriate length of such an extension, the planning commission shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area, and the following additional factors:
1.
The present actual and depreciated value of business improvements;
2.
The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalents;
3.
The remaining useful life of the business improvements;
4.
The remaining lease term;
5.
The ability of the business and/or land owner to change the use to a conforming use; and
6.
The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult-oriented business and the amortization requirements.
G.
The planning commission, or city council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth above.
(Ord. 00-03 § 5, 2000)
§ 19.14.028 Appeals.
A.
The applicant or license holder or property owner may appeal the decision of the planning commission pursuant to Section 19.14.026 of this chapter to the city council in accordance with Section 19.10.130B of the Buellton Municipal Code.
B.
If an appeal filed hereunder is denied by the city council, such denial is subject to judicial review according to the expedited provisions of the California Code of Civil Procedure Section 1094.8.
(Ord. 00-03 § 5, 2000)
§ 19.14.030 Continuation of nonconforming buildings and uses.
A.
Any nonconforming building may be continued and maintained, except as provided in this chapter, provided there are no structural alterations, except as provided in this chapter.
B.
Any nonconforming use may be continued, except as provided in this chapter, provided that the use shall not be increased, enlarged, extended, or altered, except as provided in this chapter.
(Ord. 00-03 § 5, 2000)
§ 19.14.032 Removal or alterations of nonconforming uses.
The following provisions shall apply to adult-oriented businesses:
A.
Any adult-oriented business which is a nonconforming use on the date the ordinance codified in this chapter becomes effective, shall be subject to an amortization period of three years, and any adult-oriented business which becomes a nonconforming use after the effective date of the ordinance codified in this chapter shall be subject to an amortization period of three years commencing on the date the use becomes nonconforming.
B.
The owner of any adult-oriented business which is a nonconforming use may apply for extension of the amortization period, pursuant to Section 19.14.026 of this chapter. Such application shall be made prior to the expiration of the amortization period unless the reviewing authority determines that good cause is shown for late filing of the application.
C.
Upon the conclusion of the amortization period, any adult-oriented business which is a nonconforming use shall cease all business operations and all signs, advertising and displays relating to said business shall be removed within 30 days.
(Ord. 00-03 § 5, 2000)
§ 19.14.034 Establishment of an adult-oriented business.
The establishment of an adult-oriented business shall include any of the following:
A.
The opening or commencement of operation of any such business as a new business;
B.
The conversion of any existing business, (whether or not an adult-oriented business), to any adult-oriented business;
C.
The addition of any adult-oriented business to any existing adult-oriented businesses if the addition results in enlargement of the place of business. For the purposes of this subsection, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land.
(Ord. 00-03 § 5, 2000)
§ 19.14.036 Violation and penalty.
It is unlawful and a misdemeanor for any person to violate any provision of this chapter and shall subject the violator to punishment in accordance with Chapter 1.32 of the Buellton Municipal Code.
(Ord. 00-03 § 5, 2000)