(a)

Purpose and intent.

(1)

Protect residential areas from adverse impact of activities associated with home occupations.

(2)

Permit residents of the community a reasonable choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income.

(3)

Establish criteria and development standards for home occupations conducted in dwelling units.

(b)

Home occupations—required conditions.

(1)

The area set aside for home occupations shall not exceed 20 percent of the total floor area of such residence.

(2)

No interior or exterior business signs other than what is authorized in this chapter.

(3)

No mechanical equipment shall be used except of a type that is similar in character to that normally used for purely domestic or household mechanical equipment as for hobby purposes in conjunction with the home occupation.

(4)

Retail sales shall be prohibited on the premises.

(5)

The operation of retail sales, beauty culture schools, beauty parlors, barber shops, vehicle repair, lawn mower or other small or large engine repair, and any boarding house/rooming house shall not be permitted as a home-based business or as an accessory use.

(6)

No more than one person other than the immediate family permanently residing on the premises shall be employed in the home occupation.

(7)

A home occupation shall be carried on wholly within the principal building. No home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory buildings or garages, attached or detached, excluding paints and chemicals that may be used in the home occupation.

(8)

There shall be no exterior indication of the home occupation or variation from the residential character of the principal building.

(9)

No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home occupation shall be met off the street.

(10)

There shall be no exterior storage of materials to be used in conjunction with a home occupation.

(11)

A home occupation shall produce no offensive noise, vibration, smoke, electrical interferences, dust, odors, or heat detectable beyond the property limits or beyond the walls of the dwelling unit. The judgment of the city's code enforcement officer pertaining to a violation under this section shall be considered decisive and final unless formally appealed to the board of adjustment within 30 days after the code enforcement officer's written determination.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

Temporary buildings and temporary building material storage area to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued subject to periodic renewal by the Inspector for cause shown. Upon completion, abandonment of construction or expiration of permit, such field offices and buildings shall be removed within 30 days, or at the direction of the building official.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Definitions. The following definitions shall apply to this article:

(1)

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

(2)

Adult novelty store or adult video store means a commercial establishment which as its principal business purpose offers for sale or rental for any form of consideration any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas"; or

b.

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

c.

Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(3)

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

a.

Persons who appear in a state of nudity; or

b.

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

c.

Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(4)

Adult motel means a hotel, motel or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

b.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

c.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

(5)

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproduction are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(6)

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."

(7)

Chief of police means the chief of police of the City of Live Oak or his/her designated agent.

(8)

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(9)

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.

(10)

Establishment means and includes any of the following:

a.

The opening or commencement of any sexually oriented business as a new business;

b.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

c.

The addition of any sexually oriented business to any other existing sexually oriented business; or

d.

The relocation of any sexually oriented business.

(11)

Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

(12)

Nudity or a state of nudity means:

a.

The appearance of a human bare buttock, anus, male genitals, female genitals, or areola of the female breasts.

b.

A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breasts.

(13)

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

(14)

Residential district means a single-family, two-family, townhouse, multiple-family or manufactured home or trailer court included in the zoning districts R-1, R-2A, R-2B, R-2C, R-3, R-4, and R-5 of the Live Oak zoning ordinance.

(15)

Residential use means a single-family, two-family, townhouse, multiple-family or "mobile home park, mobile home subdivision, or trailer court" used as included in the zoning districts R-1, R-2A, R-2B, R-2C, R-3, R-4, and R-5 or the Live Oak zoning ordinance.

(16)

Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breasts, as well as portions of the body covered by supporting straps or devices.

(17)

Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

a.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

b.

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is semi-nude.

(18)

Sexually oriented business means an adult arcade, adult novelty store, or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

(19)

Specified anatomical areas means human genitals in a state of sexual arousal.

(20)

Specified sexual activities means and includes any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in connection with any of the activities set forth in subsections a.—c. above.

(21)

Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the business by more than 25 percent, as the floor area existed on October 1, 1988.

(22)

Transfer of ownership or control of a sexually oriented business means and includes any of the following:

a.

The sale, lease or sublease of the building;

b.

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

c.

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(b)

Location of sexually oriented businesses.

(1)

A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of:

a.

A church;

b.

A public or private elementary or secondary school;

c.

A public park adjacent to a residential district as defined in this chapter; or

d.

The property line of a lot devoted to a residential use as defined in this chapter.

(2)

A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.

(3)

A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase in floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

(4)

For the purposes of subsection (1), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises of a church or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.

(5)

For purposes of subsection (2) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(6)

Any sexually oriented business lawfully operating on the effective date of this chapter, that is in violation of subsections (1), (2), or (3) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that if the sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.

(7)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license as provided for in Live Oak Ordinance No. 841, of a church, public or private elementary or secondary school, public park, residential district, or residential lot within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license under said Ordinance No. 841, and does not apply when an application for a license is submitted after a license has expired or has been revoked.

(c)

Exemption from local restrictions.

(1)

If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of subsection (b) of this section of this chapter, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the city secretary a request for an exemption from the locational restrictions of subsection (b).

(2)

If the written request is filed with the city secretary within the ten-day limit, the board of adjustment ("board") shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.

(3)

The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.

(4)

The board may, in its discretion, grant an exemption from the locational restrictions of subsection (b) of this section if it makes the following findings:

a.

That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;

b.

That the granting of the exemption will not violate the spirit and intent of this chapter of the City Code;

c.

That the location of the proposed sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and

d.

That the location of the sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and

e.

That all other applicable provisions of this chapter and Ordinance No. 841 will be observed.

(5)

The board shall grant the exemption by a three-fourths vote of the entire board of adjustment. Failure by the applicant to obtain this number of votes shall result in a denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the board is final.

(6)

If the board grants the exemption, the exemption is valid for one year from the date of the action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of subsection (b) of this section until the applicant applies for and receives another exemption.

(7)

If the board denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the board's action.

(8)

The grant of an exemption does not exempt the applicant from any other provisions of Ordinance No. 841 or this chapter other than the locational restrictions of Section 2.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Outdoor display and temporary outdoor storage shall be allowed in non-residential districts in accordance with this section. Any merchandise, material or equipment situated outdoors in non-residential districts shall be subject to the requirements of this section. For the purpose of this section, outdoor storage and display shall be classified into three categories enumerated as shown below.

(1)

Outdoor display and temporary storage. Outdoor display and temporary outdoor storage are displays of items actively for sale or lease that are lightweight and that individually can be easily moved without a mechanical lifting device.

a.

Outdoor display and temporary outdoor storage of goods in individual packaging and not in storage containers which are associated with the primary business on the site may be allowed adjacent to a front principal building wall and may not extend into the public right-of-way. Such storage shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building.

b.

Areas intended for outdoor display must be paved and painted to distinguish them from required off-street parking areas. No outdoor displays shall be allowed in required off-street parking areas or fire lanes.

(2)

Seasonal outdoor display and storage. Seasonal outdoor display and storage is intended for the short-term temporary display and storage of goods, normally in connection with a seasonal event.

a.

Seasonal outdoor display and storage is allowed for a period not to exceed 90 days and a maximum of two seasonal display and storage events per calendar year.

b.

The temporary display and storage of goods shall not occupy more than 15 percent of the required off-street parking spaces.

c.

The temporary display and storage of goods may include the use of shipping containers but shall not include the use of trailers for storage.

d.

The temporary display and storage of goods shall not be located in fire lanes or other areas which impede the orderly flow of traffic through the site or create unsafe or hazardous conditions.

e.

Seasonal outdoor display and storage excludes sale of goods by temporary vendors unless granted by SUP as required by the schedule of uses.

(3)

General outdoor storage. General outdoor storage consists of all remaining forms of outdoor storage not classified as "outdoor display and temporary storage" or "seasonal outdoor display and storage" including items of a large size, mass or volume and that are not easily moved or carried such as used tires, railroad ties, discarded inventory, storage pallets, shipping containers, temporary portable storage facilities/containers and semi-trailers not attached to a truck. General outdoor storage is only allowed in the B-3, I-1, and I-2 zoning districts.

a.

General outdoor storage is prohibited within the public right-of-way or fire lane.

b.

General outdoor storage shall not be allowed in required off-street parking spaces.

c.

General outdoor storage items shall not exceed a maximum of 20 feet in height.

d.

General outdoor storage items shall be completely enclosed or shall be moved to the rear of the structure, but in no event shall general outdoor storage items be visible from public right-of-way.

(b)

Outdoor display and storage requirements.

(1)

All outdoor display and storage areas must be clearly shown on the site plan submitted for the property.

(2)

Unless specifically authorized elsewhere in the City Code, all outdoor display and storage areas shall be located outside the public right-of-way.

(c)

Exceptions.

(1)

Vehicles for sale as part of a properly permitted vehicle sales or rental use (including boats and manufactured housing) shall not be considered merchandise, material or equipment subject to the restrictions of this section.

a.

Such vehicles must be located and displayed on a paved vehicle use area.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

Hotels shall be constructed so that guest rooms are accessed through interior corridors.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)