HomeMy WebLinkAbout34541
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Ordinance No . 3454
AN ORDINANCE EXTENDING AND AMENDING ORDINANCE~NO. 3445, AN URGENCY
INTERIM ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES
The Board of ,Supervisors of the County of Butte ordains as
follows: Section 1. Findincrs.
a. Ordinance 3445, entitled "AN URGENCY INTERIM ORDINANCE'
PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES" was adopted on'
September 16, 1998, to be in farce and effect far a period of forty--',
five (45) days. ',
b. On. October 27, 1998, prior to the expiration of Ordinance',
3445, the Board of Supervisors held a duly noticed public heariang for'
the purpose of considering extending said ordinance for an additional
ten months and 15 days.
c. The current and immediate threat to the public health,
safety, and welfare continues to exist, for the reasons specified in
Sections 2 and 7 of Ordinance 3445, which are incorporated herein by
this reference.
d. The Board of Supervisors wishes to extend Ordinance 3445 to
allow sufficient time for a permanent Adult Business ordinance to be
prepared, evaluated, considered at public hearings and adopted, all
as contemplated by Section 2, subsection M, of Ordinance 3445.
',Section 2. Extension of Ordinance. Ordinance 3445 is amended as set
forth in Sections 3 and 4 below anal, as amended, is extended for ten.
months and 15 days beyond its previous expiration date of October 30,
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1.998. Ordinance 3445, as amended, will be of no further force and
effect as of September 15, 1999.
Section 3. Amendment of Minimum Proximity Requirements. Subsection
2 of Section 5 of Ordinance 3445 is amended to xead as follows:
"2. Minimum roximit re irements. Notwithstanding any other
County ordinance, no Adult Business sha11 be established or
operated (a) in any zone in. the County other than the M-1 (Light
Industrial), or M-2 (Heavy Industrial) zones, or (b) within
certain distances of certain specified land uses or zones as
set forth below:
A. No such business sha11 be located within 1,000 feet of
any other Adult Business (including those located in both
the unincorporated and incorporated areas of the County).
B. No such business shall be located within. 1, 000 feet
from any existing residential zone, park, Church, Bar,
liquor store, or School (including those zones and uses
located in both the unincorporated and incorporated areas
of the County). A residential zone for purposes of this
ordinance shall mean axzy zone that allows residential uses
as a primary use and that allows a parcel sine of smaller
than five acres.
The distances set forth in A. and B. above shall be measured in
a straight line from the nearest point on the property line of
the Adult Business to the nearest paint on the property line of
the subject zone or use without regard to intervening
structures.
Adult Businesses shall be prohibited in any zone not expressly
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set forth above."
Section 4. Amendment of Business Development and Performance
Standards. Subsection B of Section 9 of the Business Development and
Performance Standards of Ordinance 3445 is amended to read as follows:
"B. No Adult Business shall be operated in any manner that
permits the observation of any Adult Material, or live adult
cabaret performance, or nude or semi-nude person, from any
public way or from any location outside the building or area of
such establishment. This provision also shall apply to any
display, decoration, sign, show window or other opening. No
exterior door or window on the premises sha11 be propped or kept
open at any time while the business is open, and any exterior
windows sha11 be covered with opaque covering at al.l times."
Section 5. A-u.thority and Findnas•
This ordinance extends an interim zoning ordinance adopted as an
urgency measure pursuant to Butte County Code Section 24-30 and
Government Code Section 65858. This extension is authorized by Butte
County Code Section 24-25.50, and by Government Code Section 65858
Section 6. CEOA Exemt~tion. The Board of Supervisors hereby finds
that there is no possibility that the adoption of this ordinance may
have a significant adverse effect an the environment. Therefore, the
adoption of this ordinance is not a project subject to the California
Environmental Quality Act.
Section 7. Severabil.~r._ If any part of this ordinance or Ordinance
3445 shall be held void by a court of competent jurisdiction, such
part shall be deemed severable, and the invalidity thereof shall not
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affect the remaining parts of said ordinances.
Section 8. Effective Date and Publication. This ordinance shal]. be
and it is hereby declared to be in full farce and effect immediately.
Before the expiration of fifteen (15) days after its passage, this
ordinance shall be published once with the names of the members of the
Board of Supervisors voting for and against it in the Chico
Entexpri.se a newspaper published in the County of Butte, State of
California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California., on the 27th day of Qctober ,
1998, by the following vote:
AYES: Supervisors Beeler, Dolan, 3osiassen:and Chax Davis
NOES : None
ABSENT : None
NOT VOTING : Supervisor Houx
Butte County Board of Supervisors
ATTEST:
JOHN S. BLACKLOCK
Officer and Clerk of the Board
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;Adult2.ord)
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