Live Oak City Zoning Code
CHAPTER 17
16 STANDARDS FOR SPECIFIC USES IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS
§ 17.16.010 Recycling collection facility.
In the commercial zone districts that permit them, recycling collection facilities must meet the following standards:
A.
Materials to Be Accepted. The facility shall accept only recyclable and reusable materials.
B.
Maximum Size. The facility shall not occupy an area larger than 600 square feet.
C.
No Power Equipment. The facility shall not use power-driven processing equipment except for reverse vending machines.
D.
Minimum Yard Width. The facility shall have at least a 10-foot yard from any street right-of-way and shall not obstruct any parking lot vehicular circulation.
E.
Storage in Containers. All recyclable materials shall be kept in fully enclosed containers or a mobile unit vehicle.
F.
Bathrooms. Each facility shall have access to a bathroom for its employees.
G.
Site Kept Clean. The site shall be kept free of litter and other undesirable materials.
H.
Maximum Noise Level. The facility shall not exceed a noise level of 60 decibels at the property line of residentially zoned or occupied property.
I.
Distance From a Residence. The facility shall not be located within 100 feet of residentially zoned or occupied property.
J.
Landscaping. The facility shall not impair the required landscaping.
K.
Identification Signs. Identification signs not exceeding a total of 16 square feet are allowed. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
(Ord. 526 § 1, 2010)
§ 17.16.020 Temporary commercial coach.
A commercial coach may be used as a temporary office in a commercial or industrial zone district, provided the following standards are met, in addition to any standards imposed by a use permit.
A.
Type of Coach. The coach shall bear the tag or seal of the State, as required by the State Health and Safety Code.
B.
License. The coach shall carry a current State license.
C.
Mobility. The coach shall be kept mobile, but skirting shall be provided on all sides.
D.
Exterior Surface. The exterior surface shall consist of materials normally used for permanent office facilities.
E.
Duration. The maximum term for the use permit is two years.
(Ord. 526 § 1, 2010)
§ 17.16.030 Outdoor display of merchandise typically sold indoors.
Outdoor promotional display of products for which the display and sales are normally conducted indoors is permitted, subject to the following:
B.
Type of Displays. Displays are limited to merchandise normally displayed and sold within the structure.
C.
Private Property. The display is conducted solely on private property and not on public right-of-way.
D.
Traffic Safety. The display does not disrupt automobile or pedestrian movements, and all traffic and fire safety standards are met.
(Ord. 526 § 1, 2010)
§ 17.16.040 Car wash (self serve and full service).
Distance From a Residence. No car wash shall be located within 100 feet of a residential zone district. If a car wash is proposed beyond the 100-foot limit, but within 200 feet of a residential zone district, a noise study shall first be prepared by a qualified noise consultant that concludes that noise from the car wash will not exceed residential noise standards, as provided in the General Plan Noise Element.
(Ord. 526 § 1, 2010)
§ 17.16.050 Outdoor holiday sales.
Operational Period. Temporary outdoor sales of Christmas trees during the Christmas season, pumpkins during the Thanksgiving season and 4th of July fireworks sales are permitted for a 45-day period prior to the holiday and one week afterwards, subject to an approved zoning clearance, pursuant to Section 17.35.020. Due to the temporary nature of these uses, the development standards provided in this title are not otherwise applicable, except for any health and safety issues that may arise.
(Ord. 526 § 1, 2010)
§ 17.16.060 Medical marijuana dispensary.
Medical marijuana dispensaries are not permitted in the City of Live Oak.
(Ord. 526 § 1, 2010)
§ 17.16.070 Adult-oriented businesses.
A.
Purpose. The purpose of this section is to provide standards for the location, development and operation of adult-oriented businesses that, because of their nature, are recognized as having serious objectionable characteristics, particularly when several of them are located in close proximity, thereby having a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to blighting or downgrading of the surrounding neighborhood. It is, therefore, the purpose of this regulation to prevent the improper location or over concentration of these uses in any area in order to preserve the health, safety and welfare of the citizenry.
B.
Definitions. Definitions of the technical terms and phrases used in this section are provided under "Adult-Oriented Business" in Section 17.50.020 (Definitions).
C.
Allowed Zone Districts. Adult-oriented businesses are allowed in the Commercial-General (C-G), Commercial-Mixed Use (C-MU), Employment (E) and Industrial (M) Zone Districts, subject to an approved use permit in compliance with Section 17.35.030, and provided that the criteria provided below can be satisfied.
D.
Distance Requirements.
1.
Required Separation From Sensitive Uses. An adult-oriented business shall be located at least 500 feet from the following:
a.
A church, synagogue, mosque, temple or building, or portion of a building, which is used for religious worship or related religious activities.
b.
The boundary of residentially zoned land, whether in the City or within an unincorporated area.
c.
A public or private educational facility or library. This does not include vocational or professional schools.
d.
Any public park or recreational facility.
e.
Any youth-oriented establishment such as a boys club, girls club or similar youth organization.
2.
Distance to Another Adult-Oriented Business. An adult-oriented business shall be located a minimum of 500 feet away from another adult-oriented business.
3.
Measurement to Other Identified Uses. The distance between an adult-oriented business and a sensitive use as described in subsection D.1 shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult-oriented business to the closest property line of the property designated for a sensitive use. The distance between two adult-oriented businesses shall be measured in a straight line, without regard for intervening structures, from the closest exterior wall of each business.
4.
Political Boundaries. The existence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this subsection.
5.
Failure to Meet Distance Requirements. If any portion of the building in which an adult-oriented business is located fails to meet the distance criteria set forth in this subsection, the entire building shall be ineligible for an adult-oriented business.
E.
Development and Performance Standards and Regulations. Any adult-oriented business authorized and/or operating within the City shall be established, located and operated consistent with all of the following:
1.
Prohibition Against Minors. It is unlawful for any licensee, operator, or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not 18 years of age, or to provide any such service subject to this section, to any person who is not at least 18 years of age. The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age cannot enter the premises.
2.
Hours of Operation. An adult-oriented business shall not operate or be open for business between the hours of 2:00 a.m. and 7:00 a.m.
3.
Lighting. The entire exterior grounds, including the parking lot, shall be provided with lighting that is energy-efficient, stationary and directed away from adjacent properties and public rights-of-way, consistent with Chapter 17.26.
4.
Concealing Adult Activities From Public View. No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public right-of-way or from any location outside the building or area of such establishment. This provision shall apply to displays, decorations, signs, windows or any other openings. No exterior door shall be propped or kept open at any time while business is open, and any exterior windows shall be covered with opaque covering at all times.
5.
Indoor Areas Open to View by Management. All indoor areas of an adult-oriented business where patrons or members of the public are permitted, excluding restrooms, shall be open to view by management at all times.
F.
Additional Regulations for Adult Arcades.
1.
Viewing Areas to Be Visible. It is unlawful to maintain, operate or manage or allow to be maintained, operated or managed, any adult arcade in which viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door wall or other enclosure. For purposes of this section "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performances, picture or show.
2.
One Occupant Per Booth. It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth.
3.
Limit Access. It is unlawful to create, maintain or allow to be created or maintained any holes, openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booths or individual viewing areas.
G.
Additional Regulations Relating to Live Entertainment. The following additional requirements shall pertain to adult-oriented businesses providing live entertainment showing or simulating specified anatomical areas or specified sexual activities, except for businesses regulated by the California Department of Alcoholic Beverage Control.
1.
Performances on a Stage. No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least 24 inches above the level of the floor which is separated by at least 10 feet from the nearest area occupied by patrons. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separation between performers and patrons required by this section. Performer means any person who is an employee or independent contractor of the adult-oriented business, or any person who, with or without compensation or any other form of compensation, performs live entertainment for patrons of an adult-oriented business.
2.
Separate Dressing Facilities. The adult-oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers' use.
3.
Separate Performer Entrance. The adult-oriented business shall provide an entrance/exit for performers, which is separate from the entrance/exit used by patrons.
4.
Separate Stage Access. The adult-oriented business shall provide access for performers between the stage and dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot-wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barriers separating the patrons and the performers which is capable of preventing any physical contact between patrons and performers.
5.
No Physical Contact. No performers, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer. This paragraph shall apply to physical contact anywhere on or within the premises of the adult-oriented business, including off-street parking areas.
6.
No Individual Gratuity. No patron shall directly pay or give any gratuity to any performer and no performer shall solicit pay or accept gratuity from a patron.
7.
Security Guards. The adult-oriented business shall employ security guards in order to maintain the public's peace and safety based upon the following standards:
a.
The adult-oriented business shall provide at least one security guard at all times while the business is open. If the occupancy of the adult-oriented business is grater than 35 persons, an additional security guard shall be on duty.
b.
Security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Security guards shall be uniformed in such a manner as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard pursuant to this section shall act as a door person, ticket seller, ticket taker, admittance person, performer, or sole occupant of the manager's station while acting as a security guard.
(Ord. 526 § 1, 2010)