HomeMy WebLinkAbout3619Ordinance No. 3619
Ordinance Prohibiting and Regulating Certain Adult Businesses
Table of Contents
Sec. Heading
Page
1. Purpose and Authority 1
2. Findings 1
3. Repeal of Existing Ordinance 6
4. Adoption of Arti cle IV, Adult Business Regulation 7
§15-110. Definitions 7
• §15-111. General Prohibition. 11
§15-112. Location restrictions. 11
§15-113. Adult Business Permits required; application 12
§15-114. Action on Adult Business Fermit application. 14
§IS-115. Adult Business Permit denial. 16
§15-i 16. Transfer of Adult Business Permits. 16
§ 15-i 17. Adult Business Performer Permits required; application. 17
§15-118. Suspension or revocation of permits. 19
§15-119. Appeal of denial, suspension and revocation decisions. 22
§ 15-120. Business development and perfonnance standards. 23
§ 15-121. Nudity Regulations. 26
§15-122. Persons under the age of 18 years prohibited. 27
§ 15-123. Inspection. 27
§15-124. Enforcement. 27
§15-125. Regulations nonexclusive. 28
§15-126. Time limit for filing application for permit. 28
§ 15-127. Amortization of nonconforming Adult Business uses. 28
5. §24-140 C-1 {Light Commercial} Zone 30
6. §24-145 C-2 (General Commercial) Zone 32
7. §24-150 C-C (Community Commercial) Zone 34
8. §24-155 H-C {Highway Commercial) Zone 37
i
9. §24-160 N-C (Neighborhood Commercial} Zone 39
10. §24-175 M-1 (Light lndustrial) Zone
11. §24-180 M-2 (Heavy Industrial) Zone
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1?. §24-305.003 48
13. CEQA Finding.
48
14. Severabi]ity. 48
1S. Effective Date and Publication
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ORDINANCE NO. 3 6 t 9
AN ORDINANCE
PROHIBITING AND REGULATING
CERTAIN ADULT BUSINESSES
The Board of Supervisors of the County of Butte ordains as follows:
SECTION I. PURPOSE AND AUTHORITY. The purpose of this Ordinance is to regulate the
time, place and manner of operation of certain adult businesses within the uxzincozporated areas of
the County, and to prohibit adult businesses that do not comply with the terms of the Ordinance.
This Ordinance is adopted pursuant to California Constitution article 11, section 7, Butte County
Charter, article I, section 1, Government Code section 65850.3, Penal Code sections 318.5 and
318.6, California Code of Regulations title 4, section 143.5, and other applicable law.
~ SECTION 2. FINDINGS. The Board of Supervisors finds and determines asset forth below. The
definitions added to the Butte County Code by section 4 of this Ordinance shall apply to these
findings.
A. The Board, in adapting this Ordinance, takes legislative notice of the existence and
content of the following studies concerning the adverse secondary side effects of Adult Businesses
in other jurisdictions: Dallas, Texas (1997); Newport News, Virginia {1996); Times Square, New
York (1994); Garden Grove, California(1991};Tucson, Arizona (1990); Seattle, Washington (1989);
St. Paul, Minnesota (1987 & 198$ supplement); Austin, Texas (1986}; Oklahoma County, Oklahoma
(1986 & 1992); Indianapolis, Indiana (1984); Houston, Texas {1983); Beaumont, Texas (1982);
Minneapolis, Minnesota (1980}; Phoenix, Arizona (1979); Whittier, California (1978}; Amarillo,
Texas (1977); Cleveland, Ohio (1977}; and Los Angeles, California (1977}. Copies ofthese studies
are available for public review during regular business hours at the Butte County Administration
Office {25 County Center Dr., Oraville, California 95965}. The Board finds that these studies are
relevant to the problems addressed by the County in enacting this Ordinance to regulate the adverse
secondary side effects of Adult Businesses, and more specifically funds that these studies provide
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~ convincing evidence that:
1. Adult Businesses are linked to increases in the crime rates in those areas in which
they are located and in surrounding areas.
2. Both the proximity of Adult Businesses to sensitive land uses and the
concentration of Adult Businesses tend to result in the blighting and deterioration of the areas in
~ which they are located.
3. The proximity and concentration of Adult Businesses adjacent to residential,
recreational, religious, educational and other Adult Business uses can cause other types of businesses
~ and residences to move elsewhere.
4. There is substantial evidence that an increase in crime tends to accompany,
concentrate around, and be aggravated by Adult Businesses, including but not limited to an increase
in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons
and property. The studies from other jurisdictions establish convincing evidence that Adult
Businesses that are not regulated as to permissible locations afters have a deleterious effect on nearby
businesses and residential areas, causing, among other adverse secondary effects, an increase in
crime and a decrease in property values.
5. The Board finds that nude dancing and nude or partially nude waiters, waitresses
and servers may encourage and/or cause or result in an increase in prostitution and sexual assaults,
'~ and may attract other criminal activity. Regulation of nudity therefore furthers an important and
'substantial interest of the County in preventing prostitution, sexual assaults, associated crimes, and
other adverse secondary effects.
6. The Board takes legislative notice of City of Erie v. Pap AM (2000) _ U.S. _
and justice Souter's concurring opinion in Barnes v. Glenn Theater (1991) 501 U.S. 560 regarding
the court's conclusions that the regulation ofnudity is appropriate to further government's important
and substantial interest in preventing prostitution, sexual assaults, associated crimes, and other
adverse secondary effects.
B. Based on the foregoing, the Board finds and determines that special regulation ofAdult
Businesses is necessary to ensure that their adverse secondary side effects will not contribute to an
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increase in crime rates or to the blighting or deterioration of the areas in which they are located or
surrounding areas. The need for such special regulations is based upon the recognition that Adult
Businesses have serious obj ectionable operational characteristics, particularly when several of them
are concentrated or located in direct proximity to sensitive uses, such as parks, schools, churches,
residences, bars and liquor stores, thereby having a deleterious effect upon the adjacent areas. It is
the purpose and intent of these special regulations to prevent the concentration of Adult Businesses
and location near sensitive uses, and thereby prevent such adverse secondary side effects.
C. Based on the foregoing, the Board also finds and determines that special regulation of
nudity at Adult Business Bars is necessary and appropriate to prohibit and Iimit adverse secondary
effects associated with Adult Business Bars. The nudity regulations and the minimal clothing
required by this Ordinance do not deprive or unreasonably restrict any expressive message or activity
protected by the First Amendment.
D. The locational requirements established by this Ordinance do not unreasonably restrict
the establishment or operation of constitutionally protected Adult Businesses in Butte County, and
a sufficient reasonable number of appropriate locations for Adult Businesses are provided by this
Ordinance.
E. In developing this Ordinance, the Board has been mindful of legal principles relating to
regulation of Adult Businesses and does nat intend to suppress or infringe upon any expressive
activities protected by the First Amendment of the United States Constitution and article 1, section
2 of the California Constitution, but instead desires to enact reasonable time, place and manner
regulations that address the adverse secondary effects of Adult Businesses. The Board has
considered decisions of the United States Supreme Court regarding local regulation of Adult
Businesses,'including but not limited to: City of Erie v. Pap AM {2000) _ U.S. _; Young v.
American Mini Theaters, Inc. (X976) 427 U.S. 50 (reh. denied 429 U.S. 873); Renton v. Playtime
Theaters (1986} 475 U.S. 41 (reh. denied 475 U.S. 1132); FW/PBS, Inc. v. Dallas (1990} 493 U.S.
215; Barnes v. Glenn Theater {1991} 501 U.S. 560; New York State Liquor Authority v. Bellanca
{1981} 452 U.S. 714; California v. LaRue (1972) 409 U.S. 109; United States Court of Appeals
Ninth Circuit decisions, including but not limited to: Colacurcio v. City of Kent (9`'' Cir., 1998}163
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F.3d 545; Kev, Inc. v. Kitsap County {9d' Cir., 1986) 793 F.2d I053; Topanga Press v. County of
Los Angeles (9d' Cir., 1993) 989 F.2d 1524; several California cases, including but not limited to:
Tily B., Inc. v. City of Newport Beach (1998) 69 Ca1.App. 4`h 1; Smith v. County of Los Angeles
(1994) 24 Cal.App.4th 990; City ofNational City v. Wiener (I993} 3 Cal.4th 832; People v. Superior
Court (Lucero) {1989) 49 Cal.3d 14; City of Vallejo v. Adult Books {1985) I67 Ca1.App.3d 1169;
and Morris v. Municipal Court (1982) 32 Cal.3d 553; and other federal cases, including Lakeland
Lounge v. County of.Iacksonville (5`~ Cir. 1992} 973 F.2d 1255; Hang On, Inc. v. Arlington (5"' Cir.
1995} 65 F.3d 1248; Mitchell v. Commission on Adult Entertainment (3rd Cir. 1993} 10 F.3d 123;
International Eateries v. Broward County {11"' Cir. 1991} 941 F.2d 1157; and Star Satellite v.
County of Biloxi (5"' Cir. 1986) 779 F.2d 1074.
F. The Board also fmds that locational criteria alone do not adequately protect the
health, safety, and general welfare of the citizens of Butte County, and therefore certain requirements
with respect to the operation and licensing of Adult Businesses and Performers are in the public
interest. In addition to the findings and studies conducted in other cities regarding increases in crime
rates, decreases in property values and the blighting of areas in which such businesses are located,
the Board of Supervisors also takes legislative notice of the facts recited in the case of Kev, rnc. v.
Kitsap County, (9d' Cir., 1986) 793 F.2d 1053, regarding how live adult entertainment results in
secondary effects such as prostitution, drug dealing, and other law enforcement problems.
G. The Board of Supervisors finds the following, in part based upon its understanding
of the documents and judicial decisions in the public record: (1) Evidence indicates that some
Performers have been found to engage in sexual activities with patrons of Adult Businesses on the
site of the Adult Business; (2}Evidence has demonstrated that Performers in Adult Businesses have
been found to offer and provide private shows to patrons who, for a price, are permitted to observe
and participate with the Performers in live sex shows; (3} Evidence indicates that Performers at
Adult Businesses have been found to engage in acts of prostitution with pafirons of the establishment;
(4) Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms
whose interiors cannot be seen from public areas of the establishment regularly have been found to
be used as a location far engaging in unlawful sexual activity; and (5) As a result of the above, and
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the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases, the
County has a substantial interest in adopting regulations that will reduce, to the greatest extent
possible, the possibility for the occurrence of prostitution and casual sex acts at Adult Businesses.
H. Enclosed or concealed booths areas within Adult Businesses greatly increase the potential
for misuse of the premises, including unlawful conduct of a type which facilitates transmission of
disease. Requirements that all indoor areas be open to view by management at all times are
necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within
Adult Businesses, and to facilitate the inspection ofthe interior of the premises by law enforcement
personnel.
I. Zoning, licensing and other police power regulations are legitimate, reasonable means of
accountability to help protect the quality of life in Butte County and to help assure that all operators
of Adult Businesses comply with reasonable regulations and are located in places that minimize the
adverse secondary effects that often accompany the operation of such businesses.
J. The Board recognizes the possible harmful effects on children and minors exposed to the
effects of such Adult Businesses and the deterioration of respect for family values, and the need and
desire of children and minors to stay away from and avoid such businesses, which causes children
to be fearful and cautious when walking through or visiting the immediate neighborhood of such
businesses. The Board desires to minimize and control the adverse secondary side effects associated
with the operation of Adult Businesses and thereby: protect the health, safety, and welfare of the
citizens of Butte County; protect the citizens from increased crime; preserve the quality of life;
preserve property values and the character of surrounding neighborhoods and businesses; deter the
spread of urban blight; and protect against the threat to health from the spread of communicable and
sexually transmitted diseases.
K. Nothing in this Ordinance is intended to authorize, legalize, orpermit the establishment,
operation, or maintenance of any business, building, or use that violates any County ordinance or
any state law regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness,
obscene. or harmful matter ar the exhibition or public display thereof.
L. While the Board desires to protect the rights conferred by the United States and California
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Constitutions to Adult Businesses, it does so in a manner that ensures the continued and orderly
development of property within the Caunty and diminishes, to the greatest extent feasible, those
undesirable secondary effects which the aforementioned studies have shown to be associated with
the development and operation of Adult Businesses.
M. This Ordinance also regulates topless and bottomless waiters, waitresses, entertainers and
exhibitions at Adult Business Bars within the unincorporated areas of the County. At this time, the
Board intends to limit the applicability of this Ordinance to bars that operate as an Adult Business.
The Ordinance is limited to bars in order to satisfy the limits of Morris v. Municipal Court (1982}
32 Ca1.3 d 553, which holds that a nudity regulation is enforceable in bars, but possibly nat atnon-bar
adult businesses. If the new Court of Appeal decision, Tily B., Inc. v. City ofNewport Beach (1998}
69 Ca1.App.4th 1 {which approved a broader nudity regulation in all adult businesses, not just bars,
and concluded that Morris is no longer applicable law), becomes final and remains valid law, or if
the legal authority to regulate nudity in all adult businesses is otherwise clarified, then the Board in
the future intends to expand the regulation adopted by this Ordinance to apply to all Adult
Businesses.
N. Following the adoption of interim Ordinance Nos. 3445, 3454, 3476 and 3 546, and regular
Ordinance No. 3482, the Board of Supervisors, Planning Commission and staff proceeded with an
evaluation of a permanent Adult Business Ordinance, and conducted duly noticed public hearings
concerning a new Ordinance. The Planning Commission, after its review and consideration ofpublic
comments, recommended to the Board the adoption of this Ordinance. The Board of Supervisors
has considered this recommendation and the comments from the public.
O. By adopting a new Butte County Code Chapter 15, Article IV, the Board intends to
consolidate in a single article the adult business regulations of interim Ordinance Nos. 3445, 3454
and 3546 and the regulation of topless and bottomless waiters, waitresses and entertainers in Adult
Business Bars of Ordinance Nos. 3476 and 3482.
SECTION 3. REPEAL OF EXISTING ORDINANCE. The Board of Supervisors hereby
repeals Ordinance Nos. 3445, 3454, 3476, 3482 and 3546 and existing Article IV of Chapter 1 S of
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the Butte County Code, anal confirms the repeal of Butte County Code sections 24-250 through 24-
250.20, inclusive.
SECTION 4. ADOPTION OF ARTICLE IV. New Article IV of Chapter 15 of the Butte County
Code is hereby adapted to read as follows:
ARTICLE rV. ADULT BUSINESS REGULATION
k Sec. 15-110. Definitions. The definitions set forth below shall apply to this Article:
(a) "Adult Business" means any one of the following:
(1) "Adult Arcade" means an establishment where, for any form of compensation or
other consideration, one or more still or motion picture projectors, or similar machines, for viewing
by five or fewer persons each, are used to show films, computer generated images, motion pictures,
video cassettes, slides or other photographic reproductions, 30% or more of the number of which
constitute Adult Material.
(2) "Adult Bookstore" means an establishment that has 30% or more of its current
stack in retail areas open to customers (excluding storage areas not open to customers} in books,
magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video
cassettes, slides, tapes, records or other form of visual or audio representations which constitute
Adult Material.
{3} "Adult Cabaret" means a nightclub, restaurant or similar business establishment
that: (i) regularly features live performances that are distinguished or characterized by an emphasis
on the exposure of Specified Anatomical Areas or Specified Sexual Activities; {ii) regularly features
persons who appear nude orsemi-nude; and/or (iii) shows f lms, computer generated images, motion
pictures, video cassettes, slides, or other photographic reproductions, 30% or more of the number
of which constitute Adult Material.
(4) "Adult HotellMotel" means a hotel, motel, lodging house or similar business
establishment offering public accommodations for any form of compensation or other consideration
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that: (i) provides patrons with closed-circuit television transmissions, films, computer generated
images, motion pictures, video cassettes, slides, or other photographic reproductions, 30% or more
of the number of which constitute Adult Material; and (ii}rents, leases or lets any room for less than
a six hour period, or rents, leases or lets any single room more than twice in a 24-hour period.
{5) "Adult Motion Picture Theater" means a business establishment where, for any
form of compensation or other consideration, films, computer generated images, motion pictures,
video cassettes, slides or similar photographic reproductions are shown, and 30% or more of the
~ number of which constitute Adult Material.
(6) "Adult Theater" means a theater, concert hall, auditorium, or similar establishment
that for any farm of compensation or other consideration regularly features live performances which
are distinguished or characterized by an emphasis on the display of Specified Sexual Activities or
Specified Anatomical Areas.
(7} "Modeling Studio" means a business that provides, for any form of compensation
or other consideration, live human models who, for the purposes of sexual stimulation of patrons,
display Specified Anatomical Areas to be observed, sketched, photographed, painted, sculpted or
otherwise depicted by persons paying such consideration. "Modeling Studio" does not include (a)
schools maintained pursuant to standards set by the State Board of Education, or (b) a studio or
similar facility owned, operated, or maintained by an individual artist or group of artists, and which
does not provide, permit, or make available to any member of the public Specified Sexual Activities.
(b) "Adult Business Bar" means a Bar that also constitutes an Adult Business.
{c} "Adult Business Operator" or "Operator" means a person who supervises, manages,
maintains, inspects, directs, organizes, controls or in any other way is responsible for or in charge
of the premises of an Adult Business or the conduct or activities occurring on the premises thereof.
(d} "Adult Material" means fihns, motion pictures, video cassettes, photographs, films,
slides, tapes, records, closed-circuit television transmissions, computer generated images, other
photographic reproductions, books, magazines, periodicals, posters, and otherprintedmatterthat are
distinguished or characterized by an emphasis upon the depiction or description of Specified Sexual
Activities or Specified Anatomical Areas.
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(e) "Applicant" means a person who is required to file an application for a permit under this
Article, including an individual owner, managing partner, officer of a corporation, or any other
Operator, manager, employee, or agent of an Adult Business, or a Performer.
(f) "Bar" means a bar, pub, tavern, restaurant or similar establishment that operates pursuant
to an on-sale license issued by the California Department of Alcoholic Beverage Control.
(g) "Church" means a building or structure that is used primarily for religious worship and
~ related religious activities.
(h) "Director" shall mean the County Director of Development Services or his or her
~ designee.
(i) "Distinguished or characterized by an emphasis upon" means and refers to the dominant
or essential theme of the object described by such phrase. For instance, when the phrase refers to
films "which are distinguished or characterized by an emphasis upon" the depiction or description
of specified sexual activities or specified anatomical areas, the films so described are those whose
dominant or predominant character and theme are the depiction of the enumerated sexual activities
or anatomical areas. {See Pringle v. County of Covina (1981) 115 Ca1.App.3d 151).
(j} "Establish" an Adult Business means and includes any of the following:
(1} The opening or commencement of any Adult Business as a new business;
(2) The conversion of an existing business, whether or not an Adult Business, to any
~ Adult Business;
(3} The addition of any type of Adult Business to any other type of existing Adult
~ Business; or
(4} The relocation of any Adult Business.
(k) "Liquor Store" means a store that sells alcoholic beverages at retail pursuant to an off
sale license issued by the California Department of Alcoholic Beverage Control.
(1} "Nudity" means the showing of the male or female genitals, pubic area, or buttocks with
less than a fully opaque covering, the showing of the female breast with less than a fully opaque
covering of any part of the nipple or areola, or the showing of the covered male genitals in a
discernibly turgid state.
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(m} "Operate an Adult Business" or "Operate" means the supervising, managing,
f maintaining, inspecting, directing, organizing, controlling or in any way being responsible for or in
~ charge of the conduct of activities of an Adult Business ar activities within an Adult Business.
{n) "Performer" means an individual who perforrxas, entertains, dances and/or models at an
Adult Business in any live entertainment depicting Specified Anatomical Areas or involving
~ Specified Sexual Activities.
(o) "Perznittee" means the person to whom an Adult Business Permit or Adult Business
~ Performer Permit is issued.
(p) "Person" means any individual, partnership, firm, association, joint stock company,
corporation, or combination of the above in whatever form or character.
(q) "Regularly features" with respect to an Adult Theater or Adult Cabaret means a regular
and substantial course of conduct. Live performances that are distinguished or characterized by an
i
emphasis upon the display of specified anatomical areas or specified sexual activities occurring on
two or more occasions within a 30 day period, or three or more occasions within a 60 day period,
or four or more occasions within a 180 day period, shall to the extent permitted by law be deemed
to be a regular and substantial course of conduct.
{r) "Residential Zane" means any County zone or zoning district as described in Chapter 24
of this Code that allows residential use as a principal permitted use and that allows a parcel size of
smaller than five acres.
{s} "School" means any child or day care facility, or an institution of learning for minors,
whether public or private, offering instruction in those courses of study required by the California
Education Code and maintained pursuant to standards set by the State Board of Education. This
definition includes a nursery school, kindergarten, elementary school, middle or junior high school,
senior high school, home school, or any special institution of education, but it does not include a
vocational or professional institution of higher education, including a community or junior college,
college, or university.
(t} "Sheriff" means the Butte County Sheriff, or his or her designee.
(u) "Specified Anatomical Areas" means and includes any of the following: (1}Less than
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completely and opaquely covered human (i} genitals or pubic region, {ii} buttocks, and (iii} female
breast below a point immediately above the top of the areola; (2) Human male genitals in a
discernibly turgid state, even if completely and opaquely covered; and {3) Any device, costume or
covering that simulates any of the body parts included in subdivisions (1) or (2) above.
{v) "Specif ed Sexual Activities" means and includes any of the following, whether
performed directly or indirectly through clothing or other covering: (1) The fondling or other erotic
touching of human genitals, pubic region, buttocks, anus, or female breast; (2) Sex acts, actual or
simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated;
and (4) Excretory functions as part of or in connection with any of the other activities described in
subdivisions (1) through (3) of this subsection.
Sec. 15-111. General prohibition. The establishment and/or operation of any Adult Business
within the unincorporated area of Butte County are hereby prohibited, except as permitted pursuant
to the regulations in this Article. No County building permit, certificate of occupancy or any other
license or entitlement for an Adult Business shall be issued by the County, except for uses as
permitted in this Article.
~ Sec. 15-112. Location restrictions.
(a) Notwithstanding any other provision ofthis Cade or other County ordinance, no Adult
Business {excluding an Adult Hote1/Motel) shall be established or operated in any zone in the
County other than the M-1 (light industrial) and M-2 (heavy industrial} zones.
(b) An Adult HotellMotel may be established or operated in any zone in the County where
hotels and motels are generally allowed under the Chapter 24 of the Code as a principal permitted
use, subject to the location and distance requirements set forth in subsection {c}.
(c) Notwithstanding any other provision of this Code or other County ordinance, no Adult
Business shall be established or operated within certain distances of certain specified land uses or
zones as follows: (i) No such business shall be located within 1,000 feet of any other Adult Business
(including those located in both the unincorporated and incorporated areas of the County); and (ii)
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No such business shall be located within 1,000 feet from any existing Residential Zone, park, Bar,
Liquor Store, Church or School (including those zones and uses located in both the unincorporated
and incorporated areas of the County). These location restrictions shall apply to both existing and
new Adult Businesses, including existing nonconforming Adult Businesses.
(d) The distances set forth above shall be measured in a straight line from the nearest point
on the property line of the Adult Business to the nearest point on the property line of the subject
Residential Zone or park or the subject Bar, Liquor Store, Church, School or other Adult Business,
without regard to intervening structures.
{e) Adult Businesses shall be prohibited in any zone except as expressly authorized above.
Sec 15-1.1.3. Adult Busiuess Permits required; application.
{a) It shall be unlawful for any person to engage in, conduct or carry on, or to allow to be
engaged in, conducted or carried on, in or upon any premises in the unincorporated area of the
County, the operation of an Adult Business unless the person first obtains and continues to maintain
in full force and effect an Adult Business Permit from the County as required by this Article.
(b) Every person who proposes to maintain, operate or conduct an Adult Business in the
County shall file an application with the Director on an application form to be provided by the
Director, and shall pay a filing fee in the same amount as the administrative perjmit fee specified in
Butte County Code section 3-43, subsection 17. The application shall include the following
information:
{1). lnformation concerning Applicant.
i. If the Applicant is an individual, the individual shall state his or her legal
name, including any aliases, and address, and shall submit satisfactory written proofthat he ar she
is at least 18 years of age.
ii. Ifthe Applicant is a partnership, the partners shall state the partnership's
complete name, address, the names of all partners, and whether the partnership is general or limited.
iii. If the Applicant is a corporation, the corporation shall provide its complete
name, the date of its incorporation, evidence that the corporation is in good standing under the laws
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of California, the names and capacity of all officers and directors, the name of the registered
corporate agent, and the address of the registered office for service of process.
(2} Signature. Ifthe Applicant is an individual, he or she shall sign the application.
If the Applicant is other than an individual, an officer of the business entity or an individual with a
10% or greater ownership interest in the business entity shall sign the application.
(3) If the Applicant intends to operate the Adult Business under a name other than
that of the Applicant, the Applicant shall file the fictitious name of the Adult Business and show
proof of registzation of the fictitious name.
(4) A description of the type of Adult Business for which the Permit is requested, the
proposed address and County assessor parcel number{s}where the Adult Business will operate, and
the names and addresses of the owners and, if applicable, lessors and lessees of the Adult Business
site.
(5) The address to which notice of action on the application is to be mailed.
(6) A drawing depicting the building and the property site to be occupied by the
Adult Business, and: (i}the property line of any other Adult Business within1,000 feet of the Adult
Business for which a permit is requested; and (ii} the property lines of any Church, School, Bar,
Liquor Store, park or Residential Zone within 1,000 feet of the subject Adult Business.
(7) A sketch or diagram of the off street parking areas, driveways, street access and
ingress/egress, and building ingress/egress of the Adult Business and also showing the location of
the lighting system required by this Article.
(8} A proposed floor plan of the interior of the business.
(9) Whether any proposed Operator has ever been convicted of: (i) any of the
offenses set forth in Penal Code sections 315, 316, 266x, 266b, 266c, 266e, 266g, 266h, 266i, 647(a),
647(b} and 647(D) as those sections now exist or may hereafter be amended or renumbered; or {ii)
the equivalent of the aforesaid offenses outside the State of California.
(10) Whether any proposed Operatar is ar has ever been licensed or registered as a
prostitute, or otherwise authorized by the laws of any other state or jurisdiction to engage in
prostitution in such other state or jurisdiction. If a proposed Operator is or has ever been so licensed,
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registered or authorized, then the Applicant shall submit a statement giving the place of such
registration, licensing or authorization, and the inclusive dates during which such person was so
licensed, registered, or authorized to engage in prostitution.
{11) An acknowledgment by the Applicant that the principal Operator has received
a copy of, read, understands, and agrees to comply with all applicable requirements and limitations
of this Article.
(c) Tf the Director determines that the Applicant has completed the application improperly,
the Director shall promptly notify the Applicant of such fact. The Director shall complete the review
for completeness within seven working days of submittal of the application.
(d) The fact that an Applicant possesses other types of state or County permits or licenses
does not exempt the Applicant from the requirement of obtaining an Adult Business Permit.
(e) Each Adult Business Permit must be renewed every three years, within three years from
the date of issuance or last renewal, by filing with the Director a written request for renewal,
accompanied by a fee in the same arnaunt as the administrative permit renewal fee specified in Butte
County Code section 3-43, subsection I8. The request for renewal shall be made at least 30 days
before the expiration of the applicable three year period. Applications for renewal shall be acted on
as provided in this Article, or any successor Adult Business Ordinance, for action upon initial
applications for permits.
(fj An Adult Business Permit shall allow only the operation of the Adult Business type or
types described in the Permit. It shall be unlawful for the Permittee or any other person to engage
in, conduct or carry on in or upon any premises in the County, the establishment or operation of a
type of Adult Business different from the description of the type or types of Adult Business
described in the Adult Business Permit. The different types of Adult Businesses are those listed in
the definition at section IS-110(a).
Sec. 15-114. Action on Adult Business Permit application.
(a) Upon receipt of a completed application and payment of the application fee, the Director
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shall immediately stamp the application as received and promptly investigate the information
contained in the application to determine whether the Applicant shall be issued an Adult Business
I Permit.
(b} Within 30 days of receipt of the completed application, the Director shall complete the
investigation, grant or deny the application in accordance with the provisions of this Article, and so
~ notify the Applicant as follows:
(1) lfthe application is denied, the Director shall provide to the Applicant a statement
I of the reasons far denial.
{2} Tf the application is granted, the Director shall provide to the Applicant an Adult
~ Business Permit in a form approved by the Director consistent with this Article.
(3} The application denial or the Permit shall be placed in the United States mail, first
class postage prepaid, addressed to the Applicant at the address stated in the application.
(c} The Director shall grant the application and issue the Adult Business Permit upon
findings that the proposed business meets the locational and other criteria, standards and
requirements of this Article.
(d) if the Director grants the application or if the Director neither grants nor denies the
application within 30 days after submittal of a complete application, the Applicant may begin
operating the Adult Business for which the permit was sought, subj ect to strict compliance with the
permit conditions, if any, and the development, performance and other standards and requirements
of this Article.
(e) The Director may conditionally approve an application subject to such conditions that
are necessary to bring the proposed use into conformity with valid requirements set forth in this
Article, other applicable County ordinances or regulations, or federal or state law. Conditions
required by the permit shall be completed before issuance of a certificate of occupancy or initiation
of the use.
(f) Every Adult Business granted a permit shall display the permit in a conspicuous place
within the Adult Business at all times during business hours.
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Sec. 15-115. Adult Business Permit denial. The Director shall deny the application for any of the
following reasons:
(a) The proposed interior floor plan, building, structure, equipment, or location used by the
business for which an Adult Business Permit is required does not comply with the requirements and
standards of the health, zoning, fire, building or safety laws of the County and the State of
California, or with the locational or development, performance and other standards and requirrements
of this Article.
(b} The Applicant, his or her employee, agent, partner, director, officer, shareholder or
manager has knowingly made any false, misleading or fraudulent statement of material fact in the
application for an Adult Business Permit.
(c) An Applicant is under 18 years of age.
(d) The required application fee has not been paid.
~ Sec. 15-i16. Transfer of Adult Business Permits.
{a) A Permittee shall not operate an Adult Business under the authority of an Adult Business
Permit at any place other than the address of the Adult Business stated in the application for the
Permit. Adult Business Permits are nontransferable, except as provided below.
(b) A Permittee shall not transfer ownership or control of an Adult Business or transfer an
Adult Business Permit to another person unless and until the transferee obtains an amendment to the
Permit from the Director stating that the transferee is now the Permittee: Such an amendment may
be obtained only if the transferee files an Adult Business Fermit application with the Director,
accompanied by a transfer fee in the same amount as the administrative permit renewal fee specified
in Butte County Code section 3-43, subsection 18, and the Director determines in accordance with
this Article or any successor ordinance that the transferee would be entitled to the issuance of an
original Permit.
(c) No permit may be transferred pending any investigation or proceedings by the County
regarding a possible suspension or revocation of the permit.
(d) Any attempt to transfer a permit either directly or indirectly in violation of this section
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is hereby declared void, and the permit shall be deemed revoked.
1111
Sec 15-117. Adult Business Performer Permits required; application.
(a) No person shall engage in ar participate in any live performance in the unincorporated
~ area of the County depicting Specified Anatomical Areas or involving Specified Sexual Activities
in an Adult Business, without a valid Adult Business Performer Permit issued by the County. The
Sheriff shall grant, deny-and renew Adult Business Performer Permits.
(b) The application for a permit shall be fzled with the Sheriff's Department on a farm
provided by the Sheriff. The completed application shall contain the following information and be
accompanied by the following documents:
{ 1 } Applicant's legal name and any other names (including "stage names" and aliases)
~ used by the Applicant;
(2) Applicant's age, date, place of birth, height, weight, hair and eye color;
(3} Applicant's present residence address and telephone number;
(4} Address(es) of Adult Business(es) where the Applicant intends to perform;
(5) Whether the Applicant has ever been convicted of: {i) any ofthe offenses set forth
~ in Penal Code sections 315, 316, 266x, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b} and
647{d) as those sections now exist or may hereafter be amended or renumbered; or (ii}the equivalent
of the aforesaid offenses outside the State of California.
(6) Whether the Applicant is or has ever been licensed or registered as a prostitute,
or otherwise authorized by the laws of any other state or j urisdiction to engage in prostitution in such
other state ar jurisdiction. If the Applicant is or has ever been so licensed, registered or authorized,
then the Applicant shall submit a statement giving the place of such registration, licensing or
authorization, and the inclusive dates during which such person was so licensed, registered, or
authorized to engage in prostitution.
(7) Applicants's state driver's license or identification number;
(8) Satisfactory written proof that the Applicant is at least 18 years of age;
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{9} Applicant's fingerprints on a form provided by the Sheriff, and a color photograph
clearly showing the Applicant's face; and
{10) If the application is made far the purpose of renewing a permit, the Applicant
shall attach a copy of the permit to be renewed.
(11) An acknowledgment by the Applicant that he or she has received a copy of, read,
understands, and agrees to comply with {i} all applicable requirements and limitations of sections
15-117 - 15-122 of this Article, and (ii) all applicable requirements and limitations of the Adult
Business Permit(s) for the Adult Business location(s) at which the Applicant intends to perform.
(c) The completed application shall beaccompanied by anon-refundable application fee in
the amount of $67.
{d} Upon receipt of an application and payment of the application fee, the Sheriff shall
immediately stamp the application as received and promptly investigate the application.
(e) If the Sheriff determines that the Applicant has completed the application improperly,
the Sheriff shall promptly notify the Applicant of such fact and grant the Applicant an extension of
time to complete the application properly. The Sheriff shall complete the review for completeness
within two working days of submittal of the application.
{f) Within 10 days after receipt of a properly completed application, the Sheriff shall grant
or deny the application and so notify the Applicant as follows:
(1) If the application is denied, the Sheriff shall provide to the Applicant a statement.
I of the reasons for denial.
(2) If the application is granted, the Sheriff shall provide to the Applicant an Adult
Business Performer Permit in a form approved by the Sheriff consistent with this Article.
(3) The application denial or the Permit shall be placed in the United States mail, first
class postage prepaid, addressed to the Applicant at the address stated in the application.
(g} The Sheriff shall grant the application and issue the Adult Business Performer Permit
unless the Sheriff finds that one or mare of the following reasons for denial apply:
(1 } The Applicant has knowingly made any false, misleading, ar fraudulent statement
of a material fact in the application for a Permit or in any report or document required to be filed
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with the application.
(2) The Applicant is under 18 years of age.
(3) The Adult Business Performer Permit is to be used for performing in a business
~ prohibited by State or County law.
(4) The Applicant is registered or licensed in any state or other jurisdiction as a
prostitute.
(h) A Performer shall have his or her County Adult Business Performer Permit available for
inspection. by law enforcement personnel at all times while on the premises of an Adult Business.
Adult Business Performer Permits are personal to the Performer and nontransferable. Except for
disclosures required by court order or state or federal law, all Adult Business Permit Performer
applications, permits and related records shall be conf dential and not released to the public.
(i) Each Adult Business Performer Permit shall expire one year from the date of issuance
and may be renewed only by filing with the Sheriff an application for a renewal permit, accompanied
by the application fee. The request for renewal shall be made at least 30 days before the expiration
date of the permit. Applications for renewal shall be acted on as provided above for initial
applications for permits.
(j) During the period of time between submittal of an application and the Sheriff's approval
or denial of the application, the Applicant may begin performing in the capacity and at the
location(s) for which the permit was sought.
(k) Any Permittee who has been issued an Adult Business Permit that involves any live
performance depicting Specified Anatomical Areas or involving Specif ed Sexual Activities shall
monitor the Performers to ensure that they have been issued and possess a current County Adult
Business Performer Permit. Except for the short period of time while the County is processing an
application under subsection (~), allowing an un-permitted Performer to perform at an Adult Business
shall be grounds for suspension or revocation of the Adult Business Permit.
Sec. 15-118. Suspension or revocation of permits. An Adult Business Permit or Adult Business
Performer Permit may be suspended or revoked in accordance with the procedures and standards of
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this section.
(a) On determining that grounds for permit suspension or revocation exist, the Director shall
furnish written notice of the proposed suspension or revocation to the Pertnittee. Such notice shall
set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based,
the pertinent authority for the ground{s), and a brief statement of the factual matters in support of
the proposed suspension or revocation. The notice shall be mailed, postage prepaid, addressed to
the last known address of the Permittee, or shall be delivered to the Permittee personally, at least ten
days prior to the hearing date. For Adult Business Performer Permits, the Sheriff may report charges
of suspected grounds for suspension or revocation to the Director. The Director may determine
whether to proceed with suspension or revocation proceedings against an Adult Business PerfonYner
Permit either based on a report from the Sheriff or based on other information.
(b) Hearings shall be conducted by the Planning Commission. All parties involved shall
have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; maybe
represented by counsel; and shall have the right to confront and cross-examine witnesses. Any
relevant evidence maybe admitted that is the sort of evidence upon which reasonable persons are
accustomed to rely in the conduct of serious affairs. Any hearing under this section may be
continued for a reasonable time for the convenience of a party or a witness. Any Permittee aggrieved
by a decision of the Planning Commission may appeal the decision pursuant to section 15-119.
(c) A permit may be subject to suspension or revocation for any of the following causes
arising from the acts or omissions of the Permittee, or an Operator, employee, agent, partner,
director, stockholder, or manager of an Adult Business:
(1) The Permittee has knowingly made any false, misleading or fraudulent statement
of material fact in the application for a permit or permit renewal, or in any report or record required
to be filed with the County.
{2) The Permittee, employee, agent, partner, director, stockholder, or manager of an
Adult Business has performed, allowed, permitted, or failed to make a reasonable effort to prevent
the occurrence of, any of the following on the premises of the Adult Business:
i. Any act of unlawful sexual intercourse, sodomy, oral copulation, or
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I masturbation.
ii. Use of the establishment as a place where unlawful solicitations for sexual
~ intercourse, sodomy, oral copulation, or masturbation occur.
iii. Any conduct constituting a criminal offense which requires registration
I under Penal Code section 290.
iv. The occurrence of acts of lewdness, assignation, or prostitution, including
any conduct constituting violations of Penal Code sections 315, 316, 31 S, or 647{b).
v. Any act constituting a violation of Penal Code provisions relating to
obscene matter or distribution of harmful matter to minors, including but not limited to Penal Code
sections 311 through 313.4.
vi. Any conduct, act, omission or occurrence prohibited by or in violation of
I this Article.
(3) Failure to abide by a lawfitl suspension order previously imposed by the County
or failure to comply with any condition of a permit or with any business development or
performance standard specified in section 15-120.
(d} After holding the hearing in accordance with the provisions of this section, if the
Planning Commission finds and determines that there are grounds for disciplinary action, based upon
the severity of the violation, the Planning Commission shall impose one of the following:
(1) A warning;
(2) Suspension of the permit for a specified period not to exceed six months; or
(3) Revocation of the permit.
These remedies are not exclusive, and instead are in addition to any other remedy or proceeding
permitted by state law or other County ordinance.
(e) In addition to the foregoing, an Adult Business Permit shall be deemed revoked and
terminated if the use for which the permit was granted has ceased, been abandoned or been
suspended for a period of 12 or more consecutive months. The Director may determine whether or
not an Adult Business has ceased operation, been abandoned or been suspended within the meaning
ofthis subsection. The Director may mail notice of such a determination to the Permittee, who may
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appeal the determination in the same manner as a permit denial under section 15-119.
(f) If a Permittee aggrieved by a suspension ar revocation decision of the Planning
Commission {or a determination under subsection {e}) fails to timely file an appeal with the Board
of Supervisors within 10 days as provided by section 15-119, then the suspension or revocation
decision or Director determination shall take effect upon expiration of the 10 day period.
$ec. l 5-1.1.9. Appeal of denial, suspension and revocation decisions; judicial review.
{a) After denial of an application for an Adult Business Permit or Adult Business Performer
Permit, after denial of renewal of such a permit (which shall be considered a type of revocation), or
after suspension or revocation of such a permit, the aggrieved Applicant or Permittee may appeal
such admuinistrative action or decision to the Board of Supervisors by filing a notice of appeal with
the Clerk of the Board of Supervisors within 10 days of the date of the challenged action or decision.
The Board shall hear the appeal in accordance with Butte County Code section 24-45.30. The
Board's appeal hearing shall be held and a decision rendered within 20 days of the filing of the
notice of appeal, unless this time is extended by mutual agreement of the County and appellant.
(b) Permits issued and applied for under this Article shall he subject to prompt judicial
review and decision pursuant to Code of Civil Procedure section 1094.8. If a permit denial,
suspension or revocation decision is affirmed on review by the Board of Supervisors, the Applicant
or Permittee may seek judicial review of the Board's decision pursuant to Code of Civil Procedure
section 1094.8.
(c) If a Permittee seeks review of a suspension or revocation decision pursuant to this section
I S-1 I9, then the suspension or revocation will be stayed as follows:
(1) If the Permittee files and serves a petition for writ of mandate under Code of Civil
Procedure section 1094.8 within 21 days after the final Board decision an the appeal, then the
suspension or revocation shall be stayed pending a trial court decision under Code of Civil Procedure
section 1094.8. If affirmed by the trial court, the suspension or revocation shall take effect
immediately, unless otherwise provided by court order or applicable law.
(2) If the Pemiittee fails to timely file and serve a petition for writ of mandate under
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Code of Civil Procedure section 1094.8 within 21 days after the final Board decision on the appeal,
then the suspension or revocation shall take effect upon expiration of the 21 day period.
Sec. XS-]2U. Business development and performance standards. The following applicable
requirements shall be deemed conditions of all Adult Business Permits issued pursuant to this Article
or Ordinance No. 3445 or any extension thereof, and failure to comply with any such requirement
shall be grounds for denial, suspension or revocation ofthe permit.
(a} Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated,
designed and provided in accordance with the State Fire Marshall or County Fire Warden standards
and regulations and all applicable building and fire safety regulations and standards adopted by the
County. If an Applicant or Operator of an Adult Business proposes new construction, alteration,
repair, reconstruction, renovation or rehabilitation, or change of use or conversion of any building
or structure that requires a building permit pursuant to the terms of the County building code, then
the Applicant or Operator shall be subject to all the requirements and conditions of the building
(including, but not limited to, fire, electrical, plumbing, mechanical and disability access) codes,
laws, regulations and standards in the same manner as for any other building or structure afthe same
type, size and occupancy classification.
(b} No Adult Business shall be operated in any manner that permits the observation of any
Adult Material or live Adult Caberet or Adult Theater performance or nude or seminude 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 shaIl be propped or kept open at any time while the
business is open, and any exterior windows shall be covered with opaque covering at all times.
{c} All off street parking areas and premise entries afthe Adult Business shall be illuminated
from dusk to closing hours of operation with a lighting system that provides an average maintained
horizontal illumination of one foot candle of light on the parking surface andlor walkways. The
required lighting level is established in order to provide sufficient illumination of the parking areas
and walkways serving the Adult Business for the personal safety of patrons and employees and to
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~ reduce the incidence of vandalism and criminal conduct.
(d) The premises within which the Adult Business is located shall provide sufficient sound-
absorbing insulation so that noise generated inside the premises shall not be audible anywhere on
any adjacent property or public right-of way or within any other building or other separate unit
within the same building or on the same parcel of real property.
{e} An Adult Business shall not be open for business between the hours of 2:00 a.m. and
8:00 a.m. on any particular day.
(f) No person under the age of 18 years shall be permitted within the premises at any time.
The building entrance to an Adult Business shall be clearly and legibly pasted with a notice
indicating that persons under 18 years of age are prohibited from entering the premises.
(g) All indoor areas of the Adult Business within which patrons are permitted, except rest
rooms, shall be open to view by the management at all times.
(h) Any Adult Business that is an "Adult Arcade" also shall comply with the following
provisions:
(I) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from an Operator's station of every area of the premises to which any patron is
permitted access for any purpose, excluding restrooms. If the premises has two or more Operator's
stations designated, 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 Operator's stations. The view required in this subsection must be
direct line of sight from the Operator's station.
{2} No patron is permitted access to any area ofthe premises that has been designated
as an area in which patrons will not be permitted.
{3) No viewing zoom or booth that has a floor area of less than 20 square feet may
be occupied by more than ane person at any one time.
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{4} The walls or partitions between viewing rooms or booths shall be maintained in
good repair at all times, with no holes between any two such rooms such as would allow viewing
from one booth into another or such as to allow physical contact of any kind between the occupants
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of any two such booths or rooms.
(5) The floors, seats, walls and other interior portions of all video roams and booths
shall be maintained clean and free from waste and bodily secretions. Presence of human excrement,
urine, semen, blood or saliva in any such booths shall be evidence of improper maintenance and
[inadequate sanitary controls.
(i) The following additional requirements shall apply to Adult businesses that provide live
entertainment depicting, showing or exposing Specified Anatomical Areas or involving Specified
Sexual Activities:
(1) A Performer shall not perform, entertain, dance andlor model for patrons of an
Adult Business except upon a stage at least I8 inches above the level of the floor which is separated
by a distance ~of at least 10 feet from the nearest area occupied by patrons. No patron shall be
permitted within 10 feet of the stage while the stage is occupied by a Performer. A Performer shall
not perform, entertain, dance andlor model at an Adult Business at any time closer than 10 feet to
any patron.
(2) A railing, fence, partition or other barrier at least 30 inches in height shall be
~ maintained in front of the stage or stages that is capable of, and which actually results in, separating
the Performers on stage and patrons by at least 10 feet.
(3) No patron shall directly pay or give any tip ar gratuity to any Perforrrier, and no
~ Performer shall solicit or directly receive any tip or gratuity from any patron at an Adult Business.
This prohibition shall apply at all times on the Adult Business premises, including during, after and
before a performance.
(~) Rest room facilities shall be provided in accordance with applicable state and County
laws anal regulations. Where Adult Material is viewed, used or consumed on the premises, the Adult
Business shall provide and maintain separate rest room facilities for males and females. Males shall
be prohibited from using the rest room(s) for females, and females shall be prohibited from using
the rest room(s) far males, except to carry out duties of repair, maintenance and cleaning of the rest
room facilities. The rest roams shall be free from any Adult Material. Rest rooms shall not contain
television monitors or other motion picture ar video viewing, projection, recording or reproduction
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equipment.
(k} Adult Businesses shall employ security guards in order to maintain the public peace and
safety, based upon the following standards:
(1) Adult Businesses featuring live entertainment shall provide at least two security
guards at all times while the business is open. If the actual occupancy of the premises exceeds 35
patrons, then at least three security guards shall be on duty. If the actual occupancy of the premises
exceeds 70 patrons, then at least four security guards shall be on duty. One additional security guard
shall be on duty for each additiona135 patrons over 70.
(2) Security guards for other Adult Businesses may be required if it is determined
by the Director or Sheriff that their presence is necessary in order to prevent any of the conduct listed
in section 15-118(c)(2) of this Article from occurring on the premises.
(3) Security guards shall be charged with preventing violations of law and enforcing
compliance by patrons with the requirements of these regulations. Each security guard shall be
uniformed in such a manner so 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 required pursuant to this subsection shall act in any other capacity for the Adult Business, such
as a door person, ticket seller, ticket taker, admittance person, Operator, or sole occupant of the
establishment, while acting as a security guard.
~ Sec. 15-121. Nudity regulations.
(a) This section shall apply only to Adult Business Bars.
(b} No waiter, waitress, server or Performer on the premises of an Adult Business Bar shall
appear in a state of Nudity.
{c) No Operator or Permittee of an Adult Business Bar shall permit or allow any waiter,
waitress, server or Performer on the premises of the Adult Business Bar to appear in a state of
Nudity. This subsection (c} shall not apply to a person who is a Permittee solely because he or she
holds an Adult Business Performer Permit.
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{d) This section shall not apply to any Adult Business Bar that (i) prior to January 1, 1999,
has been adjudicated by a court of competent jurisdiction to be a theater, concert hall or similar
establishment primarily devoted to theatrical performances for purposes of Penal Code sections
318.5 and/or 318.6, or (ii) by action of the County has been issued an Adult Business Permit
allowing the business to operate on or before July 1, 1998 as a theater, concert hall or similar
establishment primarily devoted to theatrical performances far purposes of Penal Code sections
318.5 andlor 318.6.
Sec. 15-122. Persons under the age of 18 years prohibited. It shall be unlawful for any Permittee
or Operator to employ or utilize as an independent contractor at an Adult Business any person who
is not at least 1 S years of age. It shall be unlawful for any Perrnittee or Operator to permit to enter,
or remain within the Adult Business, any person who is not at least 1 S years of age.
Sec. 15-123. Inspection. An Applicant or Permittee shall permit representatives of the County
Development Services, Sheriff's, Fire and Environmental Health Departments to inspect the
premises of an Adult Business for the purpose of ensuring compliance with its permit, applicable
Iaws, and the development and performance standards applicable to Adult Businesses, at any time
it is open for business. An Operator and the Adult Business Permittee shall be in violation of the
provisions of this Article if he or she refuses to permit such lawful inspection of the premises at any
time it is open for business.
I Sec. 15-124. Enforcement.
{a} The County Development Services Department shall be principally responsible for any
investigation and enforcement regarding the land use and zoning restrictions under this Article. For
all other complaints and enforcement matters under this Article, the County Sheriff s Department
shall be principally responsible for the investigation and enforcement.
(b) Any violation of this Article maybe enforced as follows:
(1} A violation of this Article by any person or entity is hereby declared to be a
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public nuisance. Any Adult Business, in which the Operator and/or Adult Business Permittee
commits, allows or permits a violation of this Article, is hereby declared to be a public nuisance.
Any such public nuisance maybe enjoined in the manner provided by law for abatement of public
nuisances;
(2) Any violation of this Article shall be grounds for suspension or revocation of the
Adult Business Permit for the premises;
(3) Any violation of this Article by a Performer shall be grounds for suspension or
~ revocation of the Performer's Adult Business Performer Permit; or
(4) Any other remedy provided by law (but not including any criminal remedies or
5anCt10I2S).
Sec. 15-125. Regulations nonexclusive. The provisions of this Article are not intended to be
exclusive, and compliance with this Article shall not excuse noncompliance with any other provision
of the Butte County Code or other ordinances or regulations pertaining to the operation of businesses
as adopted by the Board. The owner and Operator of an Adult Business shall comply with all other
applicable federal, state and County laws, ordinances and regulations. .
Sec. 15-126. Time limit for fling application for permit. All persons who currently operate a
business defined as an Adult Business under this Article must apply for and obtain an Adult
Business Permit within 10 days of the effective date of this Article, except persons operating such
a business pursuant to a valid, current Adult Business Permit issued under Ordinance No. 3445 or
any extension thereof. Failure to do so and continued operation of an Adult Business, or the
continued live performances by Performers in an Adult Business after such time without a permit,
shall constitute a violation of this Article. An Adult Business operating under a valid, current Adult
Business Permit issued under Ordinance No. 3445 or any extension thereof shall nat be regarded as
a nonconforming use subject to amortization and termination pursuant to section 15~ 127.
~ Sec. 15-127. Amortization of nonconforming Adult Business uses.
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(a) General. Any Adult Business use of real property existing on September 16, 1998 (the
effective date of Interim Ordinance No. 3445), that does not conform to the location provisions of
this Article, but which was constructed, operated and maintained in compliance with all previous
ordinances, shall be regarded as a nonconforming use which maybe continued for five years after
September 16, 1998. On or before the end of such five year period, all such nonconforming uses
shall be terminated unless an extension of time has been approved by the Board of Supervisors as
provided below. Any discontinuance or abandonment of the use of any real property or structure as
an Adult Business during the f ve year period shall result in a loss of the Iegal nonconforming status
of such use. The owner or operator of a nonconforming use may apply under the provisions of this
section to the Board for an extension of time within which to terminate the nonconforming use.
(b} Tirne and manner of application far extension. An application Far an extension of time
within which to terminate a nonconforming use may be filed by the owner of the real property upon
which such use is operated, or by the operator of the use. Such an application must be filed with the
Clerk of the Board of Supervisors at least 90 days prior to the time established for termination of
such use.
(c) Content of application; fees. The application shall be the same as the Adult Business
Permit application and it shall state the grounds for requesting an extension of time. The filing fee
for such application shall be in the same amount as the administrative permit fee specified in Butte
County Code section 3-43, subsection 17.
(d) Hearing procedure. The hearing and appeal procedure shall be the same as specified for
a permit revocationlsuspensionprnceeding in sections 15-118(b} and 15-119.
(e) Approval of extension; findings. An extension under the provisions of this section shall
be for a reasonable period of time con~rnensurate with the investment involved, and shall be
approved only if the Board makes all ofthe following findings or such other findings as are required
by law:
(1) The Applicant has made a substantial investment in the property or structure on
or in which the nonconforming Adult Business use is conducted; such property or structure cannot
be readily converted to another use; and such investment was made prior to September 16, 1998;
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(2) The Applicant will be unable to recoup said investment as of the date established
for termination of the use; and
(3) The Applicant made good faith efforts to recoup said investment and to relocate
the use to a location in conformance with this Article.
SECTION 5. Section 24-140 of the Butte County Code is hereby amended to read as follows:
SECTION 24-140 C-1 (LIGHT COMMERCIAL) ZONE
(a) Uses permitted:
{1} Hotels and motels, clubs, lodge halls, bed and breakfast inns, churches,
immediate care medical clinics.
(2) Retail stores and shops of light commercial character and conducted within
a building, including, but not limited to, appliance stores, banks, barbershops,
beauty parlors, bookstores, cleaner or laundry agents and launderettes,
clothing stores, convenience stores, departments stares, day care facilities,
dress shops, drugstores, food stores, furniture stores, health clubs, mini ''
storage, professional and business offices, restaurants with no drive thru
service, shoe shops, studios and tailor shops, public utility commercial
offices, video rental stores.
(3) Outdoor advertising signs, new automobile sales, amphitheaters and theaters.
(4) Adult hotels and motels, subject to the requirements of Article N, Adult
Business Regulation, of Chapter 15 of this Code.
(b) Accessory uses:
(1) A single family dwelling or modular home as an accessory use to a
commercial use listed above, subject to the site requirements of Section 24-
75.
(c} Uses requiring Use Permits: The following uses are permitted subject to a Use
Permit:
(1) Residential uses not in conjunction with a permitted use, recreational vehicle
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parks, multi-family dwellings, and mobile home parks.
{2} Public and quasi-public uses not specifically allowed in (a} of this Section.
(3} Small animal hospitals, mortuaries, hospitals, sanitariums, used car sales,
used or secondhand goads, pawn shops, refreshment stands, service stations
that offer repair services, auto body shops, auto repair shops, restaurants that
have drive through service, shopping malls and shopping centers on sites of
f ve (5}acres or greater, commercial recreation uses and other uses which are
of similar character.
{4} Recycling facilities as per Section 24-275.
(d) Uses requiring an Administrative Permit: The following uses may be permitted
subject to the requirements of Section 24-40:
{1} Temporary uses as listed in Section 24-300.
{2) Reverse vending machine and small collection recycling facilities pursuant
to Section 24275.
(e) Site requirements: The following site requirements shall apply:
(1) Lot width required: Minimum lot width shall not be less than forty-five (45)
for commercial uses. The lot width requirements for residential uses shall
conform to Section 24-75 and 24-80 of this code.
(2) Minimum lot size: None, for commercial uses, except as required to meet
parking and building site development requirements and minimum sewage
disposal requirements of Chapter 19 of the Butte County Code. Residential
uses shall meet the requirements of Section 24-75 and 80.
(3) Side yard requirements: None, except when the side of a lot abuts upon the
side of a lot that is zoned to allow a residential use, in which case the side
yard shall be not less than ten (10) feet. The side yard requirements far
residential uses shall conform to Section 24-75 of this code.
(4} Rear yard: None, except where the rear yard abuts a lot that is zoned for to
allow a residential use, in which case the rear yard shall be not less than ten
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(10) feet. The rear yard requirements for residential uses shall conform to
Section 24-75 of this code.
SECTION 6. Section 24-145 ofthe Butte County Code is hereby amended to read as follows:
SECTION 24-145 C-2 (GENERAL COMMERCIAL) ZONE
(a) Uses permitted:
(1) All uses permitted in C-1 (Light Commercial) Districts.
(2) General commercial uses, including art shops, aviaries, bars and cocktail
lounges, billiard parlors and pool halls, bowling alleys, building material
sales, cleaning and pressing establishments, dance halls, interior decorating
shops, employment agencies, governmental legislative buildings,
gymnasiums, public, commercial or physical cultural studios, hospitals,
hotels and motels, laboratories and X-ray facilities, massage parlors and
reducing salons, equipment rentals, pet shops, new and used car sales ,repair
garages, auto car washes, plumbing shops, cabinet shops, sign manufacturing '',
shops, restaurants with drive through facilities, and other similar uses.
(3) Adult hotels and motels, subject to the requirements of Article YV, Adult
Business Regulation, of Chapter 15 of this Code.
(b) Accessory uses:
(1) A single family dwelling or modular home as an accessory use to a
commercial use listed above, subject to the site requirements of Section 24-
75.
(c) Uses requiring Use Permits: The following uses are permitted subject to a Use
Permit:
(1) Welding shops, auto body shops.
(2) Manufacturing of clothing, handicraft products, printing, lithographing and
other light manufacturing or industrial uses of similar character.
{3) Public or quasi-public uses not specifically allowed in Section (a), above.
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(4) Shopping malls and shopping centers on sites of five {5} acres or greater,
commercial recreation uses, kennels and small animal hospitals, and
mortuaries.
(5) Recycling facilities as per Section 24-275.
(6) Residential uses not in conjunction with a permitted use, recreational vehicle
parks, multi-family dwellings, and mobile home parks.
{d} Uses requiring an Administrative Permit. The following uses may be permitted
subject to the requirements of Section 24-40:
(I) Temporary uses as listed in Section 24-300.
{2} Reverse vending machine and small collection recycling facilities pursuant
to Section 24-275.
(e) Site requirements: The following site requirements shall apply:
(1} Lot width required: Minimum lot width shall not be less than forty-five (45)
feet for commercial uses. The lot width requirements for residential uses
shall conform to Sections 24-75 and 24-80 of this code.
(2) Minimum lot size: None, except as required to meet parking and building site
development requirements and minimum sewage disposal requirements of
Chapter 19 of the Butte County Code. Residential uses shall meet the
requirements of Section 24-75 and 80 of this code.
(3) Side yard requirements: None, except when the side of a lot abuts upon the
side of a lot that is zoned to allow a residential use, in which case the side
yard shall be not less than ten {14) feet. The side yard requirements for
residential uses shall conform to Section 24-75 of this code.
(4) Rear yard: None, except where the rear yard abuts a lot that is zoned to
allow a residential use, in which case the rear yard shall be not 1E55 than ten
(10} feet. The rear yard requirements For residential uses shall conform to
Section 24-75 of this code.
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~ SECTION 7. Section 24-150 of the Butte County Code is hereby amended to read as follows
~ SECTION 24-150 C-C (COMMUNITY COMMERCIAL} ZONE
(a) Purpose: The purpose of the community commercial (C-C) zone is to provide a wide
range of facilities for the sale of goods and provision of personal services. When
applied to shopping areas, the uses are generally conducted within a building, and
may range in size from neighborhood centers, which may have a supermarket as a
principal tenant, to a commercial center, which may also include a department or
variety store as a principal tenant. When applied to commercial areas of town centers
or other existing places with similar activities, the uses may be broadened to include
outdoor retail uses, such as auto sales.
(b) Uses permitted within buildings. The following uses are permitted in the C-C zone:
(1) Retail stores and shops of a light commercial character including appliance
stores, banks or other financial institution that provides a direct service to the
public, insurance or real estate sales, barbershops, beauty parlors, bookstores,
dry cleaning, laundry or laundromat, day care centers, dress shops,
drugstores, market or grocery stores, firrniture stores, millinery shops,
standard restaurants which may serve alcoholic beverages with meals,
refreshment stands, service stations, auto lube facilities and auto wash
facilities, studios, tailor shops; business, professional or medical off ce;
medical, dental or optical laboratory; blueprinting, photocopying or
lithography store; nursery or garden supply; travel or ticket agency; repair
shops for shoes, radios, televisions or other domestic appliances; and other
uses which are of similar character to those enumerated and which will not
be detrimental or obnoxious to the neighborhood in which they are to be
located.
(2) Hotels, motels, health clubs, service clubs and lodge halls, churches,
hospitals, sanitariums.
(3) Adult hotels and motels, subject to the requirements of Article IV, Adult
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Business Regulation, of Chapter 1 S of this Code.
(c) Uses requiring a Use Permit:
(1) Multiple dwellings and dwelling groups, subj ect to the height limit, building
site area three thousand two hundred fifty (3,250) square feet per unit,
average lot width and yard requirements specified in the R-3 zone.
(2) One (1)single-family residence per parcel or asingle-family residence, when
attached to the main building in which the commercial use exists, and the
residence is inhabited by the owner, employees, or operator of the
commercial use. Any permit required for the commercial use must first be
secured.
(3} Mobile Home Parks not to exceed ten (10} dwelling units per acre.
(4} Public and quasi-public uses.
(5} Small Animal Hospitals (indoor kennels only). ~!
{6) Sales of new or used autos, boats or motorcycles, dancing academies or halls,
open-air retail sales, theaters, bowling alleys, skating rinks, pet shops,
wholesale stores, mini-storage facilities, mortuaries, used or secondhand
goods, and other uses which are of similar character.
(7) Recycling facilities as per Section 24-275.
{d) Uses requiring an Administrative Permit: The following uses may be permitted
subject to the requirements of Section 24-40: .
(1) Temporary uses as listed in Section 24-300.
(2) Reverse vending machine and small collection recycling facilities pursuant
to Section 24-275.
(e) Site development standards. The following development standards shall apply to all
development inthe C-C zone, except that specific standards may be modified by Use
Permit if the approving body finds that the modification is necessary to provide a
superior prof ect design over what would ordinarily occur with the basic standards and
that the modified project fits harmoniously with the surrounding area.
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{1} Maximum Structural Height: Forty-five (45) feet.
{2} Minimum Building Site Area: Ten thousand (10,000) square feet.
{3} Minimum Lot Width: The minimum lot width is sixty-five {65) feet.
{4} Minimum Front Yard Required: Twenty (20) feet for all buildings or
structures except that off-street parking areas shall have a minimurr~ of ten
(10) feet.
{5) Minimum Side Yard Required: None, except when the side of a lot abuts
upon the side of a lot that is zoned to allow a residential use, in which case
the abutting side yard shall not be less than ten (10) five. The street side of
a corner lot shall have a twenty (20) feet setback for all buildings or
structures except that off street parking areas shall have a minimum often
(10} feet.
(6) Minimum Rear Yard Required: None, except that it shall be twenty (20) feet
when adjacent to a zone that allows a residential use.
(7) Parking Required: Off-Street parking and loading shall be provided in
conformance with the provisions of Section 24-240, said parking areas shall
be paved and striped to County Standards. ~,
(8) Landscaping: Landscaping requirements shall be provided in conformance
with the provisions of Section 24-240.10.
(9) Outdoor Lighting Required: All lighting, exterior and interior, shall be
designed and located so as to confine direct lighting to the premises. Alight
source shall not shine upon or illuminate directly on any surface other than
the area required to be lighted. No lighting shall be of the type or in a
location such that it constitutes a hazard to vehicular traffic, either on private
property or on abutting streets.
(10} Signs: Building signs shall not exceed a combined size of one (1 }square foot
in area for each lineal foot of building frontage.
(11) Outdoor Trash Storage: All outdoor trash storage and collection facilities
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shall be enclosed by a solid masonry wall or view-obscuring fence at least
one (1) foot higher than the trash container.
{12) Zone Walls: Where a commercial use adjoins a residential zone or use, the
following shall apply:
a. Install and maintain asound-deadening wall (such as slumpstone} of
six (6) to eight (8) feet in height or a planted berm six {6) feet in
height or a combination wall and berm on any exterior boundary line
which is a common property line with any residential zoning district.
b. The wall shall not exceed three {3) feet in height within twenty (20)
feet of the right-of--way.
c. Where a topographic, natural vegetative barrier or a grade differential
exists between the two properties or if there is a significant distance
between the uses that will provide the same buffering, exceptions to
the wall or berm regulations may be made, in whole or in part with
review and approval by the Director of Development Services.
(13} Noise: Noise generated by the commercial use shall be restricted to sixty
{60) decibels (dB) at the common property line for a period of six (b) hours
per day with no noise exceeding eighty ($0) dB.
SECTION 8. Section 24-155 of the Butte County Code is hereby amended to read as follows
SECTION 24-] 55 H-C (HIGHWAY COMMERCIAL} ZONE
(a) Uses permitted:
{1) One (1) single-family dwelling or modular home per parcel.
(2} The use of a single family residence as a small family day care home,
licensed family care home, foster home, or group Name for mentally
disordered or otherwise handicapped persons or neglected children. Said
homes shall serve six (6) or fewer persons and shall be subject to all
applicable State regulations and limitations.
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(b) Accessory uses:
(1) Those uses and structures normally associated with a single family residential
use and are in conjunction with or incidental to the residential use, including,
but not limited to, a garage, workshop, garden, private swirnrning pool,
private tennis court, gazebo, spa, etc.
(2) A Guest House as defined by Section 24-305.175.
(c) Uses requiring Use Permits. The following uses are permitted subject to a Use
Permit:
(1) Duplex, multi-family dwellings, bed and breakfast inns, and multiple single
family residences.
(2) Hotels and motels, clubs, lodge halls, hospitals, sanitariums and clinics.
(3) Retail stores and shops of light commercial character as listed in the C-1
zoning district.
{4} Outdoor advertising signs, new automobile sales, amphitheaters and theaters,
small animal hospitals, dance academies, pet shops, mortuaries, used car
sales, used or secondhand goods, refreshment stands, service stations, drive-
in restaurants and other uses which are of similar character.
(5} Recreational vehicle and mobile home parks.
{6} Public and quasi-public uses.
{7) Recycling facilities as per Section 24-275.
(d} Uses requiring a Minor Use Permit: The following uses may be permitted subject
to the requirements of Section 24-41:
(1) Large family day care facilities subj ect to the requirements of Section 24-265 .
(2) Second dwelling units subject to the requirements of Section 24-280.
(3) Bed and Breakfast Horne.
(e) Uses requiring an Administrative Permit: The following uses may be pezanitted
subject to the requirements of Section 24-40:
{1} Home occupations subject to the requirements of Section 24-270.
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(2} Temporary uses as listed in Section 24-300.
(3} A temporary mobile home subject to the requirements of Section 24-295 and
24-295.10.
(f j Site requirements: The requirements of Section 24-75 of this Code are modified in
the following particulars for building sites in H-C zones:
(1) Lot width required: Minimum lot width shall not be less than sixty-five {6S}.
(2} Side yard requirements: None, except when the side of a iot abuts upon the
side of a lot that is zoned to allow a residential use, in which case the abut-
ting side yard shall not be Less than ten (10) feet. The side yard requirements
for residential uses shall conform to Section 24-75 ofthis code.
{3} Rear yard: None, except where the rear yard abuts a lot that is zoned for to
allow a residential use, in which case the rear yard shall be not less than ten
(10) feet. The rear yard requirements for residential uses shall conform to
Section 24-75 of this Code.
SECTION 9. Section 24-160 of the Butte County Code is hereby amended to read as follows
SECTION 24-160 N-C (NEIGHBORHOOD COMMERCIAL) ZONE
(a) Purpose: The purpose of the neighborhood commercial (N-C} zone is to provide a ~,
limited selection of retail convenience shopping and personal services within either ',
walking distance or brief driving distance of residential areas. Buildings, structures,
edifices, and uses shall be designed in such a manner as to blend architecturally with
surrounding areas and shall be compatible and neighboring uses.
(b) Uses permitted within buildings. The following uses are permitted in the N-C zone
if conducted within a building:
(1) Market or grocery stores, drugstores, hardware stores, variety stores, jewelry
stores, bookstores, barbershop, beauty salon, florist, confectionery store, dry
cleaning, laundry or laundromat, locksmith, restaurants and delicatessens that
do not have drive through service, shoe repair and similar personal services.
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(2) Professional offices, such as doctors, dentists, insurance or real estate.
(3) One (1 }single-family residence per parcel or asingle-family residence, when
attached to the main building in which the commercial use exists, and the
residence is inhabited by the owner, employee, or operator of the commercial
use. Any pernnit required for the commercial use must first be secured.
(c) Uses requiring a Use Permit:
(1) Auto service station, self-serve and non-self-serve auto wash.
(2) Public and quasi-public uses.
(3) Recycling facilities as per Section 24-275.
(d) Uses requiring a Minor Use Permit: The following uses may be permitted subject
to the requirements of Section 24-41:
(1) Large family day care facilities subj ect to the requirements ofSection 24-265.
(2) A Second Dwelling Unit pursuant to Section 24-280.
(e} Uses requiring an Administrative Permit: The following uses may be permitted
subject to the requirements ofSection 24-40:
{1} Home occupations subject to the requirements of Section 24-270.
{2} Temporary uses as listed in Section 24-300.
(3} Reverse vending machine and small collection recycling facilities pursuant
to Section 24-275.
(4) Temporary second dwellings subject to the requirements of Sections 24-295.
and 24-295.10.
(f j Site development standards. The following development standards shall apply to all
development inthe N-C zone, except that specific standards may be modified by Use
Permit if the approving body finds that the modification is necessary to provide a
superior prof ect design over what would ordinarily occur with the basic standards and
that the modified project fits harmoniously with the surrounding area.
(1) Maximum Structural Height: Forty (40} feet.
(2) Minimum Building Site Area: Ten thousand (10,000) square feet.
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(3) Minimum Lot Width: The minimum lot width is sixty- five (65} feet.
(4) Minimum Front Yard Required: Twenty (20} feet for all buildings or
structures except that off-street parking areas shall have a minimum often
{10) feet.
{5} Minimum Side Yard Required: None, except where the side of a lot abuts
upon the side of a lot that is zoned to allow residential uses, in which case the
abutting side yard shall be not less than the side yard required for the
residential district. The street side of a corner lot shall have a twenty {20}
foot setback for all buildings or structures except that off street parking areas
shall have a minimum often {14) feet.
(6) Minimum Rear Yard Required: None, except that itshall betwenty-five (25)
feet when adjacent to a zone that allows a residential use.
(7} Parking Required: Off Street parking and loading shall be provided in
conformance with the provisions of Section 24-240, said parking areas shall
be paved and striped to County Standards.
{8) Landscaping: Landscaping requirements shall be provided in conformance
with the provisions of Section 24-240.10.
(9) Dutdoor Lighting Required: All lighting, exterior and interior, shall be
designed and located so as to confine direct lighting to the premises. Alight
source shall not shine upon or illuminate directly on any surface other than
the area required to be lighted. No lighting shall be of the type or in a
location such that it constitutes a hazard to vehicular traffic, either on private
property or on abutting streets.
(10) Signs: Building signs shall not exceed a combined size ofone (1) square foot
in area for each lineal foot of building frontage.
(ll) Outdoor Trash Storage: All outdoor trash storage and collection facilities
shall be enclosed by a solid masonry wall or view-obscuring fence at least
one (1}foot higher than the trash container.
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{12) Zone Walls: Where a commercial use adjoins a residential zone ar use, the
following shall apply:
Install and maintain asound-deadening wall (such as slumpstone) of six {6)
to eight {8} feet in height or a planted berm six (6) feet in height or a
combination wall and berm on any exterior boundary line which is a common
property line with any residential zoning district.
a. The wall shall not exceed three (3) feet in height within twenty (20)
feet of the right-of--way.
b. Where a topographic, natural vegetative barrier or a grade differential
exists between the two properties or if there is a significant distance
between the uses that will provide the same buffering, exceptions to
the wall ar berrrr regulations may be made, in whole or in part with
review and approval by the Director of Development Services.
{13) Noise: Noise generated by the commercial use shall be restricted to sixty
(60} dB at the common property line for a period of six (6) hours per day with
no noise exceeding eight (80) dB.
SECTION 10. Section 24-175 of the Butte County Code is hereby amended to read as follows:
SECTION 24-1,75 M-1 (LIGHT INDUSTRIAL) ZONE
(a) Uses permitted:
{1) Wholesale and storage warehouses, minor waste fire storage facility, reverse
vending machines, small and large collection recycling facilities.
(2) The assembly and storage of goods, materials, liquids and equipment (except
the storage of iniarnrnable matter or explosives or materials which create
dust, odors or fuaxzes).
{3) Feed storehouses and warehouses and fuel yards.
(4) Industrial uses including, but not limited to, the following: the
manufacturing, processing, fabricating, assembling, refining, repairing,
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1 packaging and treatment of goods, materials and products by power (oil, gas
2 or electric}, including, by way of example and illustration, but not limited to,
3 the manufacturing, fabrication and assembling of bathroom shower and patio
4 partitions, enclosures and doors, windows and store fronts of aluminum,
5 plastic and fiberglass, or other suitable material, and the processing,
6 finishing, polishing and anodizing of aluminum extrusions and castings,
7 assaying, auto repair and auto body shops, boat repair, broom, brush, and rug
S manufacturing, die casting, draying, freighting ar trucking yards or terminals,
9 heavy equipment rental or sale, heating and ventilating service shops, j ewelry
10 manufacturing, lamp shade manufacturing, lumberyards, packaging plants,
11 outdoor advertising signs, printing and lithography shops, public utility
12 service yards, service stations, sign shops, truck repairing and overhauling,
13 and welding shops.
14 {5) Dyeing and rug cleaning plants, catering services, veterinary hospitals and
15 animal shelters and kennels, cabinet and woodworking shops, construction
16 anal material yards.
17 (6) Adult businesses, subject to the requirements of Article IV, Adult Business
18 Regulation, of Chapter 15 of this Code. ~'
19 (b} Accessory uses:
20 (1) Caretaker or night watchman residence accessory to a permitted use listed in
21 (a), above.
22 (2) Retail sales in conjunction with and accessary to any of the permitted uses
23 when no more than twenty-five (25) percent of the floor space is devoted to
24 sales.
25 (3) Accessory uses and buildings pertinent to any permitted use.
2b (c) Uses requiring Use Permits: The following uses are permitted subject to the
27 securing of a Use Permit in each case:
28 (1} Any residential use not accessory to a permitted use listed in subsection (a}
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above.
{2) Storage of inflammables.
(3) Manufacturing of acids, explosives, fertilizer, glue, gypsum, lime, plaster of
paris, pulp and paper, beet sugar, crushed rock, sand and gravel, cement,
concrete and/or asphalt hatching plants, concrete and clay products.
{4) Any use listed in Section 24-175 (a} above which, because of operational
characteristics specific to the particular business or proposed location, is
found by the Director of Development Services, to have the potential to
negatively impact adjoining properties, businesses, or residents. Generally
speaking, any M-1 use will probably require a Use Permit under this Section
if the use or structure will be located less than one hundred (100) feet from
the boundary of a zone that allow residential uses.
(5) Junkyards and auto wrecking yards, major waste tire storage facilities.
(6} Processing recycling facilities as per Section 24-275.
{7) Commercial uses and conditional uses listed in subsections (a) and (c) of the
C-1 and C-2 zones unless specifically listed as an allowed use in Section 24-
175 (a), above, and commercial recreation uses.
(d) Uses requiring an Administrative Permit: The following uses may be permitted
subject to the requirements of Section 24-40:
{1) Temporary uses as listed in Section 24-300.
(e) Site requirements: The requirements of Section 24-75 of this Code are modified for
all building sites in M-1 zones in the following particulars:
(1} Lot area and width: There is no lot area minimum and no lot width
minimum except as may be required for the building and for off-street
loading area and parking and that area required to meet the sewage disposal
requirements of Chapters 19 and 20 of the Butte County Code. _
(2) Minimum Side Yard Required: None, except when the side of a lot abuts
upon the side of a lot that is zoned to allow a residential use, in which case
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the abutting side yard shall not be less than twenty-five (25} feet.
(3) Rear yard: None, except where the rear yard abuts a lot that is zoned for to
allow a residential use, in which case the rear yard shall be not less than
twenty-five (25) feet.
{4) Truck loading and unloading space: Private off-street loading space for the
handling of all goods, materials and equipment shall be provided. Such space
shall be of sufficient area and of such design as to permit the parking and
loading of vehicles without extending into any existing street beyond the curb
line.
(5} Off-street parking: The requirements of Section 24-240 shall apply.
SECTION 11. Section 24-180 of the Butte County Code is hereby amended to read as follows:
SECTION 24-18U M-2 (HEAVY INDUSTRIAL} ZONE
(a) Uses permitted:
(1) Any uses permitted in M-1 districts.
(2} Industrial uses including, but not limited to, the following: Aircraft factories,
asphalt batch plants, assaying, wholesale bakeries, boiler works, breweries
and distilleries, can and metal container manufacturing, candle
manufacturing, carbon manufacturing, chain and cable manufacturing,
concrete batch plants, creameries and dairy product plants, disinfectants
manufacturing, dry kilns, emery cloth and sandpaper manufacturing,
enameling, feed and cereal mills, foundries, freight terminals, galvanizing
and lead plating, glass or glass product manufacturing, lumber and lumber
processing machinery manufacturing, metal fabrication, mobile home or
recreational vehicle manufacturing, moving and storage warehouses, paper
product and paper box manufacturing, petroleum distributing stations
(wholesale or retail), photographic processing, plywood manufacturing,
printing ink manufacturing, soap and soap compound manufacturing, starch,
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(c)
glucose or dextrine manufacturing, vegetable oil manufacturing, welding
shops and sheet metal shops, wood planing mill or woodworking plants,
yeast plants.
{3} Canneries, olive processing plants and other agricultural processing plants of
similar nature.
{4} Adult businesses, subject to the requirements of Article N, Adult Business
Regulation, of Chapter 15 of this Code.
Accessory uses:
{ 1 } Caretaker or night watchman residence accessory to a permitted use listed in
subsection {a}, above.
(2} Retail sales in conjunction with and accessory to any of the permitted uses
when no more than twenty-five (2S) percent of the floor space is devoted to
sales.
(3) Accessory uses and buildings pertinent to any permitted use.
Uses requiring Use Permits: The following uses are permitted subject to the
securing of a Use Permit in each case:
(1) Any residential use not associated with a permitted use listed in subsection
(a} above.
(2} Commercial distillation of bones, abattoirs, livestock auction yards,
commercial livestock feed yards, commercial millings, tanneries, fat
rendering, garbage-fed commercial hog raising.
(3} The manufacturing of caustic, flammable or hazardous materials including,
but not limited to, the following: acetylene, acids, ammonia, asbestos, bleach,
caustic soda, cellulose, celluloid, chlorine, creosote, fertilizers, film,
flammable gasses, glue, lacquer, lime, linoleum, matches, paint, phenol, soap,
shellac, turpentine, or varnish.
(4) Dumping and disposal areas, major waste tire facilities.
(5) Any use listed in section 24-180 {a} which, because of operational
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characteristics specific to the particular business ar proposed location, is
found by the Director of Development Services, to have a the potential to
negatively impact adjoining properties, businesses, or residents. Generally
speaking, any M-2 use will probably require a Use Permit under this Section
if the use or structure will be located less than one hundred {100) feet from
the boundary of a zone that allow residential uses.
(6) junkyards and auto wrecking yards.
(7) Commercial uses and conditional uses listed in subsections (a) and (c) of the
C-1 and C-2 zones unless specifically listed as an allowed use in Section 24-
180 (a), above, and commercial recreation uses.
(c} Uses requiring an Administrative Permit.• The following uses may be permitted
subject to the requirements of Section 24-40:
(1)' Temporary uses as listed in Section 24-300.
(2) Large Processing recycling facilities
(d} Site requirements: The requirements of Section 24-75 of this Code are modified for
all building sites in M-2 zones in the following particulars:
(1) Lot area and width: There is na lot area minimum and no lot width
minimum except as may be required for the building and parking and that
area required to meet the sewage disposal requirements of Chapters 19 and
20 of the Butte County Code.
(2) Minimum Side Yard Required: None, except when the side of a lot abuts
upon the side of a lot that is zoned to allow a residential use, in which case
the abutting side yard shall not be less than twenty-five (25} feet.
(3} Rear yard.• Nane, except where the rear yard abuts a lot that is zoned for to
allow a residential use, in which case the rear yard shall be not less than
twenty-five (25) feet.
(4) Truck loading and unloading space: Private, oft=street loading space for the
handling of all goads, materials and equipment shall be provided. Such space
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shall be of sufficient area and of such design as to permit the parking and
loading of vehicles without extending into any existing stzeet beyond the curb
line.
(5) Off-street parking.• The provisions of Section 24-240 shall apply.
SECTION 12. Section 24-305.003 of the Butte County Code is hereby amended to read as follows:
~ 24-305.003 Adult business . Adult business means "Adult Business" as defined in Section 15-110,
Article TV, Adult Business Regulation, of Chapter 15 of this Code.
SECTION 13. CEQA FINDING. The Board of Supervisors finds that this Ordinance is enacted
in order to mitigate the threat posed to the public peace, health and safety by adult businesses. 1n
this regard, the findings set forth in section 2 of this Ordinance are incorporated herein by reference.
This Ordinance either provides for the amendment of existing regulations applicable to Adult
Businesses or provides for zoning regulations, performance and operation standards, and permitting
requirements that are specifically applicable to Adult Business uses. Such uses are already allowed
under the County's existing zoning regulations. This Ordinance merely provides additional
regulation of such uses. The Board finds that it can be seen with certainty that there is no possibility
that this Ordinance may have a significant adverse effect on the environment, and therefore the
adoption and implementation ofthis Ordinance is exempt from the California Environmental Quality
Act pursuant to CEQA Guidelines section 15061(b)(3).
SECTION 14. SEVERABILITY. If any provision of this Ordinance or the application thereof
to any person or circumstances is for any reason held to be invalid by a court of competent
jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the
remaining provisions or other applications of the Ordinance which can be given effect without the
invalid provision or application thereof. Without limiting the generality of the foregoing, the Board
declares that it would have adopted each section, subsection, paragraph and provision of this
Ordinance {including the separate locational, licensing and operational provisions) irrespective of
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the fact that one or more other sections, subsections, paragraphs, or provisions maybe declared or
found to be unconstitutional, invalid oz' ineffective.
SECTION 15. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect
thirty (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized and
directed to publish this Ordinance 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
eating for and against it, in the Chico Enterprise , a newspaper of general
circulation 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 25th day of July , 2000, by the following vote:
AYES: Supervisors Beeler, Houx, ,Iosiassen, Davis and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
Attest:
o lacklocl~
C rk o f the B~
(g:lordinancladulfcln)
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